Palmdale City Council
March 2, 2022

In accordance with the current guidance from the California Department of Public Health and the County of Los Angeles Department of Public Health, the Council Chamber is open for in-person public comment and seating. Masks are required to be worn by all persons in attendance. Councilmembers may choose to participate via conference call.

How to observe the meeting virtually:

1. Spectrum local access Channel 27

2. Online live webcast at www.cityofpalmdale.org.

How to Submit Public Comments:

VERBAL PUBLIC COMMENT DURING THE MEETING – ZOOM Number: US: +1 253 215 8782 Webinar ID: 864 4094 5860 Passcode: 615232
Webinar attendee link
https://us06web.zoom.us/j/86440945860?
pwd=ZVdiWDQxNTFwNmxqY2p6Qm5Rb3pjUT09
.

Verbal comments must be limited to three (3) minutes. Public comments submitted will become part of the official meeting record.

CITY COUNCIL MEETING

SUCCESSOR AGENCY

REVISED

CITY COUNCIL CHAMBERS
38300 SIERRA HIGHWAY

SUITE B
PALMDALE, CA 93550

WEDNESDAY, MARCH
2, 2022
5:00 PM
7:00 PM
www.cityofpalmdale.org

WELCOME
City Council
Wednesday, March
2, 2022
The safety and well-being of employees and the public remains the City's top priority. The City of Palmdale appreciates your patience and understanding during these challenging times.

The City Council is making every effort to follow the spirit and intent of the Brown Act and other applicable laws regulating the conduct of public meetings in order to maximize transparency and public access.

In accordance with the Americans with Disabilities Act of 1990, if you require a disability- related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (661) 267-5151 at least 72 hours prior to the meeting.

If you require oral Spanish translation, please contact the City Clerk’s Office at (661) 267- 5151 at least 72 hours prior to the meeting.

Your courtesy is requested to help our meetings run smoothly. If you’ll be kind enough to follow these simple rules, we can make the best possible use of your time and ours:

Please refrain from public displays or outbursts, such as unsolicited applause, comments, cheering, foul language or obscenities.

Any disruptive activities that substantially interfere with the ability of the City Council to carry out its meeting will not be permitted and offenders will be asked to leave the meeting.

Please turn off/mute your cell phones and mobile devices.

5:00 P.M.

1. MAYOR TO CALL MEETINGS TO ORDER

2. ROLL CALL

MAYOR HOFBAUER, MAYOR PRO TEM LOA,

COUNCILMEMBERS CARRILLO, BISHOP, BETTENCOURT

3. PUBLIC COMMENTS
Now is the time for public participation for any person wishing to speak to the City Council on matters listed or not listed on the agenda, within the jurisdiction of the City Council. If you are attending the meeting by phone, please press *9 to "raise your hand." If attending by personal computer, please click the "raise your hand" button. Press *6 to un-mute yourself, state your name and begin speaking. PLEASE NOTE: A three-minute limit is imposed on each speaker.

City Council
Wednesday, March
2, 2022

4. PRESENTATION BY CITY ATTORNEY

4.1 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: One case.

Closed session is recommended because the City will assess the merits of this matter, and/or threat. Based on existing facts and circumstances, there is a significant exposure to litigation against the City of Palmdale. The existing facts and circumstances that might result in litigation against the City of Palmdale are that the law firm of Shenkman & Hughes has sent letters to the City of Palmdale regarding decennial redistricting process which could amount to a threat of litigation. The aforementioned facts and circumstances are stated as required by Government Code Section 54956.9 (e)(2). Based on the existing facts and circumstances, it is the opinion of the City Attorney that it would prejudice the position of the City of Palmdale to discuss this matter in public or to disclose further circumstances in this potential case. Further, such disclosure may harm any settlement attempts or other efforts to resolve the matter without litigation.

4.2 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION The existing facts and circumstances that constitute a significant exposure to litigation are detailed in the following claim received by the City, which is available for public inspection pursuant to Government Code Section 54957.5:

Claimant: JJ Murphy
City Claim No.: 2022-007
Date Filed: 02/07/2022
Date of Loss: 2020-2022

4.3 This closed session is being held pursuant to California Government Code Section 54957.

APPOINTMENT OF PUBLIC EMPLOYEE
Position: Interim City Manager
Employee: Ronda Perez, Acting City Manager

5. ANNOUNCEMENT BY CITY ATTORNEY

6. ADJOURN CLOSED SESSION MEETING

City Council
Wednesday, March
2, 2022

7:00 P.M.

7. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE IN HONOR OF OUR TROOPS

8. PRESENTATIONS

8.1 Presentation of a cute critter available for adoption at the Palmdale Animal Care Center.

8.2 Presentation of a Proclamation by Mayor and Council declaring March as American Red Cross Month in the City of Palmdale.

8.3 Presentation of a Proclamation by Mayor and Council declaring March as National Women's History Month in the City of Palmdale.

8.4 Presentation of a Commendation by Mayor and Council to Jack Woolbert, naming him City of Palmdale’s Veteran of the Year.

9. WAIVER OF FULL READING OF RESOLUTION(S) and ORDINANCE(S) Staff Recommendation: Move to waive full reading of the Resolution (s) and/or Ordinance(s) to be considered and voted on at this meeting. (Voice Vote - Requires a majority to waive.)

10. PUBLIC COMMENTS
Now is the time for public participation for any person wishing to speak to the City Council on matters listed or not listed on the agenda, within the jurisdiction of the City Council. If you are attending the meeting by phone, please press *9 to "raise your hand." If attending by personal computer, please click the "raise your hand" button. Press *6 to un-mute yourself, state your name and begin speaking. PLEASE NOTE: A three-minute limit is imposed on each speaker.

11. CONSENT CALENDAR All matters listed under the Consent Calendar will be enacted by one motion unless an item(s) is pulled by Council, in which case the item(s) will be removed from the Calendar and will be considered separately following this portion of the Agenda.

11.1 Receive and file the Monthly Investment Activity Reports for January 2022. (Staff Reference: Finance Manager Kang)

01 Staff_Report_-_Investment_Report_January_2022.docx

02_January_2022_Monthly__Investment_Report.pdf

City Council
Wednesday, March
2, 2022

11.2 Adopt Resolution No. CC 2022-025, a resolution of the City Council of the City of Palmdale authorizing California Choice Energy Authority (CalChoice) to enter into a long-term renewable energy agreement with Powerex Corporation on behalf of Energy for Palmdale's Independent Choice(EPIC). (Staff Reference: Finance Manager Kang - Presented by Energy Resource Manager Salt)

01. 20220302_Palmdale Staff Report Final_EPIC CCA Powerex Resolution_TS.docx

02. CCEA PCC1 Confirm (Bal 22-32) - Palmdale - PWX Executed_Redacted.pdf

03. 20220302_Palmdale Resolution Final_EPIC CCA Powerex_TS.doc

11.3 Approve the First Amendment to Professional Services Agreement with Lance, Soll, & Lunghard, LLP for an additional amount of $135,000, not to exceed amount of $210,000 for a four (4) year term through March 30, 2026. (Staff Reference: Finance Manager Kang)

01. Staff_Report_-_Agreement_A-7459_Lance Soll
Lunghard V2.docx

A-7459 Amendment1 (Corrected)- Lance, Soll, & Lunghard, LLP Signed by Gail.pdf

11.4 Approve the application with the California Department of General Services (DGS) to acquire federal and State surplus property. (Staff Reference: Director of Parks and Recreation Smith - presented by Deputy Director of Parks and Recreation Dombrowski)

STAFF_REPORT_Adopt_Resolution_No._CC-2022-
017_DGS_Surplus_Program.docx

RESOLUTION_2022-017_DGS_Application.doc

DGS 2022 Renewal Application.pdf

11.5 Approve Legal Services Agreement Between the City of Palmdale and Burke, Williams & Sorensen, LLP in the Amount of $250,000. (Staff Reference: City Attorney Beck)

3_2_2022_Staff Report Burke, Williams, Sorensen, LLP Agreement.docx

[Draft] Legal Services Agreement Between the City of Palmdale and Burke, Williams & Sorensen, LLP (A-7802).pdf

11.6 Adopt Resolution No. CC 2022-026, A Resolution of the City Council of the City of Palmdale Repealing and Restating the Conflict-of-Interest Code of the City of Palmdale (Staff Reference: City Attorney Beck)

Staff Report - Conflict of Interest Code 2022 (Resolution No. CC 2022-066).docx

Resolution_No._CC_2022-
026__A_Resolution_of_the_City_Council_of_the_City_of_Palmdale_Repealing_and_Restating_the_Conflict- of-Interest_Code_of_the_City_of_Palmdale.pdf

Exhibit A - 18730 Provisions-of-Conflict-of-Interest-Codes.pdf

Reso No. CC 2022-026 Appendices.docx

11.7 Award Construction Agreement with MUSCO Sports Lighting, LLC., for PN 844, City Council
Wednesday, March
2, 2022
Domenic Massari New LED Baseball Field Lighting, at Domenic Massari Park in an amount not to exceed $723,183, for a term of 6 months from the date of Notice to Proceed. (Staff Reference: Director of Public Works Heffernan - Presented by Deputy Director of Public Works Glidden)

PN_844_-_Award_Construction_Contract(ch).docx

11.8 Accept grant funding from AVAQMD in the amount of $203,500.00; authorize appropriation of grant funds and $135,750.28 from Fleet Maintenance unappropriated fund balance; approve Purchase Order No. 20220393 with Terry Equipment, Inc. for new street sweeper with upgraded clean diesel engine technology in an amount not to exceed $339,250.28. (Staff Reference: Director of Public Works Heffernan)

SR Street Sweeper (FINAL).docx

1. Agreement No. A-7794 AVAQMD AV0122#7 03.02.22.doc

2. Agreement No. A-7794 AVAQMD AV0122#7 Exhibit A SOW 03.02.22.doc

3. Sourcewell Contract No. 093021-GEP.pdf

4. Terry Equipment, Inc. Quote - GEP M4 Diesel Street Sweeper.pdf

5. Purchase Order No. 20220393 Terry Equipment, Inc..pdf

11.9 Award Construction Agreement with Sully-Miller Contracting Co. for PN 698, Avenue R Complete Streets and Safe Routes Project, in the amount of $10,960,000 for a term of 400 working days from the date of Notice to Proceed. (Staff Reference: Director of Public Works Heffernan - Presented by Deputy Director of Public Works Glidden)

PN698_-_Award_Construction (lg budget update).docx

11.10 Approve the minutes from the previous meetings. (Staff Reference: City Clerk/Agency Secretary Smith)

CC/SA/PCA - February 2, 2022
CC - February 7, 2022

CC-SA Minutes 02 02 2022 5pm & 7pm.pdf

CC Minutes 02 07 2022 12 pm.pdf

12. PUBLIC HEARING

12.1 Public Hearing and Review of Proposed Resolution No. CC 2022-022 and Ordinance No. 1581 for adoption. (Staff Reference: Director of Economic and Community Development Garibay)

RESOLUTION NO. CC 2022-022, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALMDALE APPROVING GENERAL PLAN AMENDMENT TO

MODIFY THE GENERAL PLAN LAND USE DESIGNATION FROM LDR (LOW City Council
Wednesday, March
2, 2022

DENSITY RESIDENTIAL, MAXIMUM OF ONE DWELLING UNIT PER ACRE) TO

PF (PUBLIC FACILITIES) FOR THREE CONTIGUOUS PARCELS TOTALING APPROXIMATELY 160 ACRES LOCATED APPROXIMATELY 2,500 FEET WEST OF TIERRA SUBIDA AVENUE AND 2,600 FEET SOUTH OF ELIZABETH LAKE ROAD (GPA 21-001)

ORDINANCE NO. 1581, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING A ZONE CHANGE FROM R-1-1 (SINGLE-

FAMILY RESIDENTIAL, MINIMUM LOT SIZE OF ONE ACRE) TO PF (PUBLIC

FACILITIES) FOR THREE CONTIGUOUS PARCELS TOTALING
APPROXIMATELY 160 ACRES LOCATED APPROXIMATELY 2,500 FEET WEST OF TIERRA SUBIDA AVENUE AND 2,600 FEET SOUTH OF ELIZABETH LAKE ROAD (ZC 21-001)

CC Staff.docx

CC Resolution 2022-022.doc

Exhibit III to CC Resolution 2022-022.pdf

CC Ordinance 1581.doc

12.2 Public Hearing and Review of Proposed Ordinance No. U-1582 for adoption. (Staff Reference: Director of Economic and Community Development Garibay)

ORDINANCE NO. U-1582, AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALMDALE, AMENDING SECTION 16.40.120 OF

THE MUNICIPAL CODE TO INCREASE THE INITIAL TERM OF TENTATIVE

MAPS BY ONE YEAR, AND TO INCREASE THE TERM OF CERTAIN PHASED

TENTATIVE MAPS BY ONE ADDITIONAL YEAR

TTM Extension SR.docx

TTM_Urgency_Ordinance_1582-Final.docx

12.3 Public Hearing and Review of Proposed Ordinance No. 1579 for adoption. (Staff Reference: City Attorney Beck)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE

ADOPTING A MAP DESCRIBING VOTING DISTRICT BOUNDARIES AND AMENDING CHAPTER 4.10 OF TITLE 4 OF THE PALMDALE MUNICIPAL CODE

Staff Recommendation: Adopt Ordinance No. 1579

3.2.2022.Ordinance 1579 Staff Report.docx

[Proposed] Ordinance No. 1579 Combined.pdf

12.4 Public Hearing and Review of Proposed Ordinance No. 1577 for adoption. (Staff City Council
Wednesday, March
2, 2022
Reference: City Attorney Beck)

ORDINANCE NO. 1577, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE TO PREVENT THE USE OF MANDATORY COVID-19

VACCINATIONS AND THE USE OF VACCINE PASSPORTS

StaffReport_Vaccine Mandates 3.2.22.docx

Vaccine.Mandates.3.2.22.Ord.CAO.docx

13. APPOINTMENTS

13.1 Approve nomination for appointment of the Public Member to the board of directors for Visit Palmdale. (Staff Reference: Director of Economic and Community Development Garibay - Presented by Economic Development Coordinator Gonzalez)

City_Staff_Report-Visit Palmdale BOD_at-large_FINAL.pdf

13.2 Approve District 4 Alternate Member nomination for appointment to the Measure AV Oversight Committee. (Staff Reference: City Clerk Smith)

3 2 22 MAV Alt Member Appointment.docx

Ordinance No. 1561.pdf

MAV_Bylaws.docx

13.3 Approve nominations for appointment of three Committee Members and one Alternate Committee Member to the Human Rights Advisory Committee. (Staff Reference: City Clerk Smith)

3_2_2022_Human_Rights_Advisory_Committee_Appointment_SR.docx

1550.pdf

1561.pdf

HRAC Bylaws.docx

14. NEW BUSINESS

14.1 Discuss potential move to five Council districts and rotating mayor. (Staff Reference: City Attorney Beck)

StaffReport_Modifying Districts.3.2.22.docx

15. INFORMATIONAL REPORT FROM MAYOR AND / OR COUNCILMEMBERS ON

THEIR VARIOUS COMMITTEE MEMBERSHIPS AND MEETINGS ATTENDED AT

PUBLIC EXPENSE

15.1 COMMITTEE MEMBERSHIPS.

• ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT
• ANTELOPE VALLEY TRANSIT AUTHORITY
City Council
Wednesday, March
2, 2022
• CALIFORNIA CONTRACT CITIES ASSOCIATION
• CITY OF PALMDALE AUDIT COMMITTEE
• CITY OF PALMDALE INVESTMENT OVERSIGHT COMMITTEE
• HIGH DESERT CORRIDOR JOINT POWERS AUTHORITY
• LEAGUE OF CALIFORNIA CITIES
• LOS ANGELES COUNTY SANITATION DISTRICT
• NORTH LOS ANGELES COUNTY TRANSPORTATION COALITION
• PALMDALE RECYCLED WATER AUTHORITY
• SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS REGIONAL

COUNCIL
• UNITED STATES/MEXICO SISTER CITIES ASSOCIATION
• CALIFORNIA STATE PRISON – LOS ANGELES COUNTY, CITIZENS

ADVISORY COMMITTEE

15.2 MEETINGS ATTENDED AT PUBLIC EXPENSE

Bettencourt Informational Report 030222.docx

16. CITY MANAGER’S REPORT

17. CITY COUNCIL REQUESTS FOR NEW AGENDA ITEMS

18. Adjourn
meeting to March 16, 2021 at 7:00 p.m. in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.

City Council
Wednesday, March
2, 2022
City Council Staff Report
DATE: MARCH 2, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY MANAGER’S OFFICE – FINANCE DIVISION
DISTRICT: ALL
SUBJECT: RECEIVE AND FILE THE MONTHLY INVESTMENT ACTIVITY REPORTS FOR JANUARY 2022.

ISSUE
Receive and file the monthly investment activity reports for January 2022.

RECOMMENDATION
Staff recommends that the City Council accept the monthly investment activity reports for City of Palmdale and Successor Agency for January 2022.

BACKGROUND
Pursuant to Section 16 of the City of Palmdale and Successor Agency Investment Policy, the City Treasurer shall prepare and present monthly and quarterly reports on investments to the City Manager/Executive Director and the City Council/Directors. The reports shall detail the type of investment, name of the issuer, purchase date, date of maturity, amount of deposit, and rate of interest. This information shall be provided for all City and Successor Agency pooled investments, as well as for Certificates of Participation, Revenue Bonds, Tax Allocation Bonds, Assessment Districts and Community Facilities District accounts which are managed by outside Fiscal Agents.

The monthly and quarterly reports provide a synopsis of the investment activity for the City of Palmdale and Successor Agency. The report s provide information on assets, allocations, average maturities, yields, and book valuations.

The interest rates presented are the most curren t rates available as of the date of this report.

The market values presented for pooled City and Successor Agency investments are based on closing prices for the related investment as of the date of this report. This information was obtained from the Wall Street Journal, Bloomberg Financial Markets, Capital Market Finances, or other reliable source of market prices.

DISCUSSION
Report to Mayor and City Council
Re: Monthly Report on Investments
March 2, 2022

Compliance with Investment Policy
For January, the invested portfolio amount for the City of Palmdale totaled $239,054,567, an increase of $6,733,783 from the previous month and an increase of $59,359,667 in comparison to last year. The increase in overall portfolio balance from the previous month is a result of quarterly interest earnings that were received during the month. The City purchased one new securities during the month, and there were no securities called or matured during the month.

The par value of Successor Agency’s portfolio as of January was $12,128,292. The balance increased by $6,387,417, the amount of the City’s annual ROPS deposit from Los Angeles County.

All investments meet criteria appropriate to Section 8 of the Investment Policy. The portfolios are based on a combination of various investments, including CDs, Corporate Notes, U.S. Treasury Securities and Government Agency Paper, each adhering to portfolio percentage limitations.

The Finance Division is the custodian for the City and Successor Agency’s investment portfolio and follows the three main principles of both entity’s investment policy to 1) Investment in financial instruments that mitigate the risk of monetary losses stemming from market fluctuations; 2) Establish and maintain a portfolio that has sufficient liquidity to allow the City and Successor Agency to meet all anticipated cash requirements; and 3) Seek out investment instruments that provide a competitive market rate of return.

Liquidity
One core approach the Finance Division focuses on, is providing liquidity to measure up to the City and Successor Agency’s operational requirements. Thus, the Finance Department is currently investing in two pooled funds, LAIF and CAMP. These are intended for the daily operational activities, used for economic uncertainties and maintenance needs. The pooled funds provide a higher liquidity ratio to ensure the City and Successor Agency meet cash flow requirements.

Total LAIF balance for the City of Palmdale is $65,038,422 compared to December’s balance of $64,967,143. The increase in balance is due to interest received during the month.

Successor Agency LAIF balance at the end of January was $3,697,774, a 28.7 percent decrease from June, and flat to the prior month.

CAMP’s balance for City of Palmdale is $248,747 compared to December’s balance of $248,736. The slight increase is due to interest received during the month.

Report to Mayor and City Council
Re: Monthly Report on Investments
March 2, 2022

The interest rates presented are the most current rates available as of the date of this report. As of January 31, 2022, the interest rates for LAIF and CAMP investments were at .23 percent and .05 percent, respectively. By comparison, the LAIF and CAMP interest rates at the end of December were at .21 percent and .05 percent. Both rates have steadily declined over the past year and are holding flat. This time last year, LAIF and CAMP rates were at 0.46 percent and .12, respectively.

The chart above shows both the Local Agency Investment Fund and California Management Program’s average monthly yields beginning April 2020 through January 2022, the graph depicts the prolonged period of declining rates.

We anticipate the rates to remain fairly consistent in the upcoming months, considering the economic impacts of COVID. Overall, LAIF shows better performance than CAMP in interest rates. The difference between the performance of the two funds is partly due to the varying pool characteristics. CAMP’s portfolio composition is much more subject to market volatility, resulting in performance variation.

Diversity
The Finance Division aims to diversify the investment portfolios to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions.

City of Palmdale and Successor Agency’s investment portfolios remain strongly diversified. The monthly and quarterly reports include all investments held by both entities and current book values as of January 31, 2022.

In January, there was one Government Agency Paper security purchased for $7,000,000, and no securities were called or matured.

0.34% 0.32%

0.26%

0.22% 0.22% 0.21% 0.20% 0.20% 0.21% 0.23%

0.06% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05%0.00%

0.05%

0.10%

0.15%

0.20%

0.25%

0.30%

0.35%

0.40%
Apr May Q4 June Jul Aug Q1 Sep Oct Nov Q2 Dec Jan
Pooled Investments Monthly Yields

LAIF CAMP
Report to Mayor and City Council
Re: Monthly Report on Investments
March 2, 2022

It is anticipated that both the City of Palmdale and Successor Agency will have sufficient moneys to meet its expenditure requirements for the next 6 months as we continue to monitor any financial impact due to the Coronavirus pandemic.

Attached are summaries of the investments on the City of Palmdale and Successor Agency’s books as of January 31, 2022.

FISCAL IMPACT
There is no fiscal impact associated with the recommended actions for this report.

STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.

B. Manage resources, costs, and liabilities to ensure the City’s long-term fiscal health.

C. Involve and expand engagement to enhance public oversight and transparency.

Prepared by: Janelle Samson, Assistant Finance Manager
Certified as to availability of Funds: Keith Kang, Finance Manager Approved by: Ronda Perez, Acting City Manager
Approved as to form: Christopher Beck, City Attorney

ATTACHMENTS

1. Monthly Report on City of Palmdale Investments

2. Monthly Report on Successor Agency Investments

CITY OF PALMDALE

TREASURER'S REPORT OF INVESTMENTS
January 31, 2022

PURCHASE MATURITY ACCOUNT/ FDIC INTEREST PAR PURCHASE INVESTED DATE DATE FUND INSTITUTION Number RATE AMOUNT AMOUNT AMOUNT U.S. TREASURY SECURITIES Yield
05-31-19 04-30-24 CITY 9128286R6 U.S. Treasury Note 2.03 5,000,000.00 5,051,650.00 5,256,640.00 01-19-21 05-31-23 CITY 9128284S6 U.S. Treasury Note 2.75 2,815,000.00 2,985,994.41 2,950,035.55 03-19-21 12-31-25 CITY 9128285T3 U.S. Treasury Note 2.63 3,000,000.00 3,260,634.36 3,244,110.00 05-11-21 02-28-26 CITY 9128286F2 U.S. Treasury Note 0.66 3,000,000.00 3,261,331.50 3,231,330.00 05-11-21 12-31-24 CITY 9128283P3 U.S. Treasury Note 0.40 3,000,000.00 3,200,040.56 3,175,080.00 06-04-21 12-31-22 CITY 912828N30 U.S. Treasury Note 0.05 3,000,000.00 3,097,665.56 3,087,420.00 06-04-21 12-31-23 CITY 912828V23 U.S. Treasury Note 0.20 4,000,000.00 4,210,026.50 4,188,600.00 07-12-21 12-31-23 CITY 9128285U0 U.S. Treasury Note 2.63 5,000,000.00 5,294,239.83 5,294,239.83 07-12-21 12-31-25 CITY 9128285T3 U.S. Treasury Note 2.63 5,000,000.00 5,456,238.24 5,456,238.24 07-12-21 12-31-23 CITY 912828V23 U.S. Treasury Note 2.25 5,000,000.00 5,247,829.98 5,247,829.98 12-17-21 12-15-23 CITY 91282CBA8 U.S. Treasury Note 0.56 10,000,000.00 9,913,130.25 9,913,198.93 12-17-21 12-15-24 CITY 91282CDN8 U.S. Treasury Note (UBS) 0.85 10,000,000.00 10,045,505.25 10,046,054.70 12-22-21 12-15-23 CITY 91282CBA8 U.S. Treasury Note 0.56 5,000,000.00 4,957,270.88 4,957,391.07 12-22-21 12-15-24 CITY 91282CDN8 U.S. Treasury Note 0.88 5,000,000.00 5,018,208.38 5,019,169.92 12-20-21 12-15-24 CITY 91282CDN8 U.S. Treasury Note (Stifel) 1.00 5,000,000.00 5,017,187.50 5,018,011.68 TOTAL U.S. TREASURY SECURITIES 73,815,000.00$ 76,016,953.20$ 76,085,349.90$

GOVERNMENT AGENCY PAPER
06-05-19 06-05-23 CITY 3133EKPT7 Fed Farm Credit Bk 2.13 5,000,000.00 5,008,600.00 5,178,913.05 06-10-20 06-16-25 CITY 3133ELK37 Federal Farm Credit 0.78 5,000,000.00 5,000,000.00 5,000,332.40 08-07-20 05-06-24 CITY 3133EL2X1 Federal Farm Credit 0.42 2,000,000.00 2,000,000.00 1,985,613.10 08-27-20 11-27-24 CITY 3134GWNG7 Freddie Mac Domestic 0.50 2,000,000.00 2,000,000.00 1,998,606.02 04-01-21 04-01-25 CITY 3133EMUP5 Fed Farm Credit 0.71 5,000,000.00 5,000,000.00 5,001,585.95 05-11-21 09-04-25 CITY 3133EJYM5 FFCB Bond 0.59 1,000,000.00 1,103,275.25 1,094,660.00 05-11-21 09-04-25 CITY 3133EJYM5 FFCB Bond 0.57 0.57 2,000,000.00 2,208,460.00 2,189,320.00 06-04-21 11-07-25 CITY 3135G06G3 Fannie Mae 0.55 3,000,000.00 2,993,675.25 2,967,390.00 06-04-21 08-01-24 CITY 3130AMHH8 FHLB NOTE 0.41 4,000,000.00 4,000,000.00 3,979,555.16 06-07-21 06-07-24 CITY 3130AMQR6 FHLB NOTE 0.35 3,000,000.00 3,000,000.00 2,986,755.36 06-30-21 12-30-25 CITY 3130AMRQ7 FHLB NOTE 0.88 3,000,000.00 3,000,000.00 2,981,324.28 07-29-21 04-29-26 CITY 3130AN5C0 FHLB NOTE 1.05 4,000,000.00 4,010,455.13 4,010,455.13 12-17-21 11-12-25 CITY 3134GXBM5 FHLMC Note 1.15 1,150,000.00 1,125,785.50 1,126,456.33 12-17-21 12-30-24 CITY 3130AQDY6 FHLB 1.00 6,750,000.00 6,750,000.00 6,750,000.00 12-17-21 06-23-25 CITY 3133ENHW3 FFCB 1.17 10,000,000.00 10,000,000.00 10,000,000.00 12-20-21 07-30-25 CITY 3136G4ZP1 FANNIE MAE 0.65 3,500,000.00 3,444,175.00 3,453,085.42 12-20-21 09-24-25 CITY 3134GWUG9 FREDDIE MAC 0.57 10,000,000.00 9,806,600.00 9,820,375.00 12-21-21 12-22-26 CITY 3133ENJC5 FFCB 1.29 5,000,000.00 5,000,000.00 5,000,000.00 01-14-22 01-14-25 CITY 3130AQEA7 FHLB 1.05 7,000,000.00 7,000,000.00 7,000,000.00 c = callable
TOTAL GOVERNMENT AGENCY PAPER 82,400,000.00$ 82,451,026.13$ 82,524,427.20$

CERTIFICATES OF DEPOSIT
05-11-18 05-11-22 CITY 05580AMR2 Bmw Bank North America 35141 2.95 245,000.00 245,000.00 251,143.62 05-15-18 05-16-22 CITY 86063QAN5 Stifel Bank & Trust 57311 2.85 245,000.00 245,000.00 250,964.53 05-18-18 05-18-22 CITY 29278TBF6 Enerbank Usa 57293 2.95 245,000.00 245,000.00 251,216.88 05-31-17 05-31-22 CITY 02587CFM7 American Express Bk 35328 2.40 245,000.00 245,000.00 250,250.84 06-01-17 05-31-22 CITY 51210SMT1 Lakeside Bank 19573 2.00 245,000.00 245,026.85 249,319.60 05-10-18 05-10-23 CITY 61747MX30 Morgan Stanley Bank Na 32992 3.15 245,000.00 245,000.00 258,447.32 05-11-18 05-11-23 CITY 87164WWF1 Synchrony Bank 27314 3.15 245,000.00 245,000.00 258,465.69 05-11-18 05-11-23 CITY 17312QL23 Citibank Na 7213 3.15 245,000.00 245,000.00 258,465.69 05-15-18 05-15-23 CITY 20033AYE0 Comenity Capital Bank 57570 3.10 245,000.00 245,000.00 258,255.73 TOTAL CERTIFICATES OF DEPOSIT 2,205,000.00$ 2,205,026.85$ 2,286,529.90$

CITY OF PALMDALE INVESTMENTS

CITY OF PALMDALE

TREASURER'S REPORT OF INVESTMENTS
January 31, 2022

CORPORATE NOTES
03-10-20 03-01-23 CITY 30231GAR3 Exxon Mobil 2.73 1,000,000.00 1,045,330.00 1,035,276.25 03-10-20 05-13-22 CITY 037833BF6 Apple Inc 2.70 1,000,000.00 1,039,820.00 1,021,372.65 03-10-20 11-03-22 CITY 594918BH6 Microsoft Corp 2.65 1,000,000.00 1,047,870.00 1,028,648.84 03-10-20 01-13-23 CITY 037833DE7 Apple Inc 2.40 1,000,000.00 1,041,800.00 1,032,294.50 03-10-20 12-14-22 CITY 92826CAC6 VISA Inc 2.80 1,500,000.00 1,572,135.00 1,549,706.22 06-10-20 04-15-23 CITY 30231GBL5 Exxon Mobil Corp 1.75 5,000,000.00 5,000,000.00 5,110,650.00 06-10-20 05-11-23 CITY 166764BV1 Chevron Corp 1.14 2,075,000.00 2,075,000.00 2,105,595.85 TOTAL CORPORATE BONDS 12,575,000.00$ 12,821,955.00$ 12,883,544.31$

STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND
09-01-84 n/a CITY ACCOUNT 98-19-620 0.78 30,094,590.89 30,094,590.89 30,094,590.89 06/23/08 n/a PCA ACCOUNT 40-19-060 0.78 17,220,834.52 17,220,834.52 17,220,834.52 n/a ARPA ACCOUNT 19-19-004 0.78 17,710,542.41 17,710,542.41 17,710,542.41 TOTAL LAIF ACCOUNTS 65,025,967.82$ 65,025,967.82$ 65,025,967.82$

CAMP- CALIFORNIA ASSET MANAGEMENT PROGRAM
6080-01 n/a CITY ACCOUNT 6080-01 0.30 248,746.90 248,746.90 248,746.90 TOTAL CAMP ACCOUNTS 248,746.90$ 248,746.90$ 248,746.90$

UBS FINANCIAL SERVICES
n/a n/a CITY ACCOUNT 0.00 0.63 0.63 0.63
TOTAL UBS FINANCIAL SERVICES ACCOUNTS 0.63$ 0.63$ 0.63$ TOTAL CITY INVESTMENTS 236,269,715.35$ 238,769,676.53$ 239,054,566.66$

CITY OF PALMDALE

TREASURER'S REPORT OF INVESTMENTS
January 31, 2022

PURCHASE MATURITY ACCOUNT INTEREST INVESTED

DATE DATE FUND NUMBER RATE AMOUNT

STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND
11-20-84 n/a LIBRARY 16-19-012 0.78 12,454.00
TOTAL LIBRARY INVESTMENTS 12,454.00$

PURCHASE MATURITY ACCOUNT INTEREST INVESTED

DATE DATE FUND NUMBER RATE AMOUNT

BOND PROCEEDS
SIERRA GATEWAY COMMUNITY FACILITIES DISTRICT 91-1
Fiscal Agent: U.S. Bank National Association (fka First Trust) 05-10-95 n/a BOND 95421220 0.01 106.62
05-10-95 n/a IMPROVEMENT 95421222 0.01 154,939.70
City Held Cash(Fund 736-114000) ($255,912.67)
TOTAL SIERRA GATEWAY COMMUNITY FACILITIES DISTRICT 91-1 155,046.32$

BOND PROCEEDS
RITTER RANCH COMMUNITY FACILITIES DISTRICT 93-1
Fiscal Agent: U.S. Bank National Association (fka First Trust) 04-06-95 n/a RESERVE-SEN 95420880 n/a 0.00
04-06-95 n/a IMPV-ACQUI 95420884 0.01 2,585,389.42
04-06-95 n/a BOND 95420887 0.00 0.15
City Held Cash(Fund 738-114000) ($1,000,675.82)
TOTAL RITTER RANCH COMMUNITY FACILITIES DISTRICT 93-1 2,585,389.57$

BOND PROCEEDS
ANAVERDE COMMUNITY FACILITIES DISTRICT 2003-1
Fiscal Agent: U.S. Bank National Association (fka First Trust) 08-01-19 n/a SP TAX - B BOND 242969000 0.00 107,983.00
08-01-19 n/a RESERVE 242969003 0.00 722,963.06
08-01-19 n/a SP TAX - REFUNDING BOND 242969004 0.01 15,149.15 08-01-19 n/a SP TAX - REFUNDING BOND COI242969005 0.01 300.42 City Held Cash(Fund 734-114000) $900,917.97
TOTAL ANAVERDE COMMUNITY FACILITIES DISTRICT 2003-1 846,395.63$

LIBRARY INVESTMENTS

FISCAL AGENT CASH

CITY OF PALMDALE

TREASURER'S REPORT OF INVESTMENTS
January 31, 2022

BOND PROCEEDS
2005 $7.2M COMMUNITY FACILITIES DISTRICT 05-1 (TRADE AND COMMERCE CENTER) Fiscal Agent: U.S. Bank National Association (fka First Trust) 08-02-05 n/a SPEC TRB SER A/B 790330000 0.01 0.00
08-02-05 n/a RESERVE FUND 790330002 0.01 0.00
City Held Cash(Fund 735-114000) $744,688.56
TOTAL 2005 $7.2M COMMUNITY FACILITIES DISTRICT 05-1 (TRADE AND COMMERCE CENTER) -$

BOND PROCEEDS
2005 $7.2M COMMUNITY FACILITIES DISTRICT 05-1 (TRADE AND COMMERCE CENTER) REFUNDED 2021 Fiscal Agent: U.S. Bank National Association (fka First Trust) n/a SPEC TRB SER A/B 251009000 0.01 14.82
n/a RESERVE FUND 251009001 0.01 639,073.28
City Held Cash
TOTAL 2005 $7.2M COMMUNITY FACILITIES DISTRICT 05-1 (TRADE AND COMMERCE CENTER) REFUNDED 2021639,088.10$

BOND PROCEEDS
2006-1 Godde Hill Estate Sewer Improvements LOIB
Fiscal Agent: U.S. Bank National Association (fka First Trust) 11-08-06 n/a REDEMPTION FUND 106844000 0.01 64,454.17
11-08-06 n/a ADM EXP 106844002 0.01 1,594.38
11-08-06 n/a RESERVE FUND 106844003 0.01 105,754.55
City Held Cash(Fund 739-114000) $127,799.09
TOTAL 2006-1 Godde Hill Estate Sewer Improvements LOIB 171,803.10$

BOND PROCEEDS
2007 $19.9M COP Power Plant Land Acquisition
Fiscal Agent: U.S. Bank National Association (fka First Trust) 04-12-07 n/a LEASE PAYMENT 112055000 0.01 0.00
04-12-07 n/a RESERVE FUND 112055001 0.00 0.00
TOTAL 2007 $19.9M COP Power Plant Land Acquisition -$

BOND PROCEEDS
2007 $6.5M COMMUNITY FACILITIES DISTRICT 05-1 (TRADE AND COMMERCE CENTER) Fiscal Agent: U.S. Bank National Association (fka First Trust) 08-23-07 n/a BOND FUND 117856000 0.01 0.00
08-23-07 n/a RESERVE FUND 117856002 0.01 0.00
TOTAL 2007 $6.5M COMMUNITY FACILITIES DISTRICT 05-1 (TRADE AND COMMERCE CENTER) -$

CITY OF PALMDALE

TREASURER'S REPORT OF INVESTMENTS
January 31, 2022

PURCHASE MATURITY ACCOUNT INTEREST INVESTED

DATE DATE FUND NUMBER RATE AMOUNT

BOND PROCEEDS
2012 PFA $8.7M LEASE REVENUE BONDS
Fiscal Agent: U.S. Bank National Association (fka First Trust) 12-19-12 n/a REVENUE FD 201546000 0.00 2.59
12-19-12 n/a INTEREST ACCOUNT 201546001 n/a 0.00
12-19-12 n/a PRINCIPAL ACCOUNT 201546002 n/a 0.00
TOTAL 2012 PFA $8.7M LEASE REVENUE BONDS 2.59$
2013 HA PALMDALE TRANSIT VILLAGE HOMES LLC ESCROW
Fiscal Agent: U.S. Bank National Association (fka First Trust) 10-11-13 n/a ESCROW FUND 206455000 0.00 2,979,500.00
TOTAL 2013 HA TRANSIT VILLAGE HOMES ESCROW 2,979,500.00$ 2015 HA DEBT SERVICE RESERVE
Fiscal Agent: Bank of America
11-19-15 n/a DEBT SVC RESERVE 1257964992 0.08 39,123.76 TOTAL 2015 HA DEBT SERVICE RESERVE 39,123.76$

PARS RESTRICTED CASH FOR PENSION STABILIZATION TRUST FUND 05-23-18 n/a CITY 104790895775 Public Agency Retirement Services2.60 7,225,293.02 TOTAL PARS PENSION TRUST FUND 7,225,293.02$

BOND PROCEEDS
2015 HA $4.3M MULTIFAMILY HOUSING REVENUE BONDS
Fiscal Agent: U.S. Bank National Association (fka First Trust) 09-03-15 n/a BOND FUND 277067000 0.00 99,344.94
09-03-15 n/a INTEREST ACCT 277067001 0.01 7.06
09-03-15 n/a BOND RESERVE 277067003 0.00 281,017.34
09-03-15 n/a REPAIR & REPLACE FUND 277067004 0.00 1,092,904.04 TOTAL 2015 HA $4.3M MULTIFAMILY HOUSING REVENUE BONDS 1,473,273.38$

FISCAL AGENT CASH

CITY OF PALMDALE

TREASURER'S REPORT OF INVESTMENTS
January 31, 2022

BOND PROCEEDS
2017 PFA $17.4M LEASE REVENUE BONDS
Fiscal Agent: U.S. Bank National Association (fka First Trust) 04-05-17 n/a REVENUE FUND 271128000 0.00 2.04
04-05-17 n/a PRINCIPAL ACCT 271128002 n/a 0.00
TOTAL 2017 PFA $17.4M LEASE REVENUE BONDS 2.04$
Total City Held Cash (XXX-114000) $516,817.13
GRAND TOTAL - FISCAL AGENT CASH 15,475,829.41$

CITY OF PALMDALE

TREASURER'S REPORT OF INVESTMENTS
January 31, 2022
Cash on Hand 20,897,206$
($1,248,282)
Pooled Cash Investments ($6,897,989)
$6,721,941
City: 228,820,065$ $0 Insur Fund: $10,234,502 239,054,567$
Library Investments $12,454

Subtotal 258,539,897$

City/AD/CFD/PCA/PFA/HA
Fiscal Agent Cash 15,475,829$ *

Grand total 274,015,726$

The interest rate quoted on LAIF, AIM, and Fiscal Agent/Trustee accounts is the most current rate available.

LAIF & AIM interest rates are as of January 31, 2022.

S:\Cash and Investment\Investment\Investment Reports\21-22\07 January 2022\[07 January 2022 Investment Report City.xls]LAIF_CAMP Transactions

SUMMARY OF CASH AND INVESTMENTS

CITY OF PALMDALE

TREASURER'S REPORT OF INVESTMENTS

POOLED CASH - LOCAL AGENCY INVESTMENT FUND (LAIF), CALIFORNIA ASSET MANAGEMENT PROGRAM (CAMP), & UBS FINANCIAL SERVICES January 31, 2022

TRANSACTION INTEREST

DATE DEPOSIT WITHDRAWAL RECEIVED BALANCE
CITY ACCOUNT 98-19-620
Beginning Balance 30,060,052.63$
01/14/22 34,538.26$

Subtotal -$ -$ 34,538.26$ 30,094,590.89$ PCA ACCOUNT 40-19-060
Beginning Balance 17,194,291.68$
01/14/22 26,542.84$
Subtotal -$ -$ 26,542.84$ 17,220,834.52$ LIBRARY ACCOUNT 16-19-012
Beginning Balance 12,446.83$
01/14/22 7.17$
Subtotal -$ -$ 7.17$ 12,454.00$ ARPA ACCOUNT 19-19-004
Beginning Balance 17,700,351.50$
01/14/22 10,190.91$
Subtotal -$ -$ 10,190.91$ 17,710,542.41$

CAMP - CALIFORNIA ASSET MANAGEMENT PROGRAM
Beginning Balance 248,736.10$
01/31/22 10.80 $
Subtotal -$ -$ 10.80$ 248,746.90$ UBS Financial Services
Beginning Balance 337,500.00$
01/07/22 0.63$
01/31/22 (337,500.00)$
Subtotal -$ (337,500.00)$ 0.63$ 0.63$ Total -$ (337,500.00)$ 71,290.61$ 65,287,169.35$ 65,038,422.45$
TN= US Treasury C= Call
FP= Federal Paper M= Maturity
CD= Certificate of Deposit CB= Corporate Bond
FACE

PURCHASEMATURITY REDEMPTION VALUE INTEREST NET INVESTED GAIN/

ISSUER DATE DATE DATE REDEEMED RECEIVED FUNDS AMOUNT (LOSS) -$ $0.00
-$ $0.00
-$ -$ -$ -$ -$ Total Number of Transactions: 0

CITY OF PALMDALE

TREASURER'S REPORT OF INVESTMENTS

POOLED CASH - INVESTMENTS MATURED OR CALLED
January 31, 2022
TN = US Treasury
FP = Federal Paper
CD = Certificate of Deposit
CN = Corporate Notes ACCRUED
PURCHASE MATURITY FACE PREMIUM / PURCHASE INTEREST NET Yield

ISSUER DATE DATE VALUE (DISCOUNT) PRICE PURCHASED PURCHASE 3130AQEA7 FHLB 01-14-22 01-14-25 7,000,000.00$ -$ 7,000,000.00$ -$ 7,000,000.00$ -$ -$ -$ -$ -$ Total Number of Transactions: 1

CITY OF PALMDALE

TREASURER'S REPORT OF INVESTMENTS

POOLED CASH - INVESTMENTS PURCHASED
January 31, 2022
10 SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALMDALE

TREASURER'S REPORT OF INVESTMENTS
January 31, 2022

SUCCESSOR AGENCY POOLED CASH INVESTMENTS

PURCHASE MATURITY ACCOUNT/ INTEREST INVESTED

DATE DATE FUND INSTITUTION RATE AMOUNT TOTAL

STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND
09-01-84 n/a SA ACCOUNT 65-19-035 0.78 3,697,774.06
TOTAL LAIF ACCOUNTS 3,697,774.06$

FISCAL AGENT CASH

BOND PROCEEDS
CRA - 2002 Sub Lien Tax Allocation Bonds $5.3M ($5,329,748.25) Fiscal Agent: U.S. Bank National Association
08-20-02 n/a RESERVE FUND 94460700 0.01 527,735.46
08-20-02 n/a INTEREST ACCT 94460701 0.01 28.91
08-20-02 n/a PRINCIPAL ACCT 94460702 0.01 0.15

TOTAL CRA - 2002 Sub Lien Tax Allocation Bonds $5.3M ($5,329,748.25) 527,764.52$

BOND PROCEEDS
2016 SA $31.5M Tax Allocation Refunding Bonds Series A
Fiscal Agent: U.S. Bank National Association (fka First Trust) 04-26-16 n/a DEBT SERVICE 245113000 0.00 4.95
04-26-16 n/a INTEREST ACCT 245113001 N/A 0.00
TOTAL 2016 SA $31.5M Tax Allocation Refunding Bonds Series A 4.95$ GRAND TOTAL - FISCAL AGENT CASH $527,769

SUMMARY OF CASH AND INVESTMENTS
Cash on Hand 7,902,749$ $7,902,007
$0
Pooled Cash Investments 3,697,774$ $743
$7,902,749
Successor Agency Fiscal Agent Cash $527,769*

Grand total 12,128,292$

* The interest rate quoted on LAIF and Fiscal Agent/Trustee accounts is the most current rate available.

LAIF interest rates are as of January 31, 2022.

S:\Cash and Investment\Investment\Investment Reports\21-22\07 January 2022\[07 January 2022 Investment Report Successor Agency.xls]Staff Report Notes

SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALMDALE

TREASURER'S REPORT OF INVESTMENTS

POOLED CASH - LOCAL AGENCY INVESTMENT FUND (LAIF)
January 31, 2022

TRANSACTION INTEREST

DATE DEPOSIT WITHDRAWAL RECEIVED BALANCE
SA ACCOUNT 65-19-035
Beginning Balance 3,695,074.29$
01/14/22 2,699.77$
Subtotal -$ -$ 2,699.77$ 3,697,774.06$ City Council Staff Report
DATE: March 2, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY MANAGER’S OFFICE – FINANCE DIVISION
DISTRICT: All
SUBJECT: ADOPT RESOLUTION NO. CC 2022-025, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALMDALE AUT HORIZING

CALIFORNIA CHOICE EN ERGY AUTHORITY (CALC HOICE) TO

ENTER INTO A LONG-TERM RENEWABLE ENERGY AGREEMENT

WITH POWEREX CORPORA TION ON BEHALF OF EN ERGY FOR
PALMDALE’S INDEPENDENT CHOICE (EPIC).

ISSUE
Adopt resolution no. CC 2022 -025, a resolution of the City Council of the City of Palmdale authorizing California Choice Energy Authority (CalChoice) to enter into a long-term renewable energy agreement with Powerex Corporation on behalf of Energy for Palmdale’s Independent Choice (EPIC).

RECOMMENDATION
Staff recommends the City Council adopt Resolution No. CC 2022-025, a Resolution of the City Council of the City of Palmdale authorizing California Choice Energy Authority (CalChoice) to enter into a long -term renewable energy agreement with Powerex Corporation on behalf of Energy for Palmdale’s Independent Choice (EPIC).

BACKGROUND
In October 2015, the State of California enacted Senate Bill 350 (SB350), also known as The Clean Energy and Pollution Reduction Act of 2015 (the Act). The Act established new clean energy, clean air, and greenhouse gas reduction goals for the state.

Specifically, the Act requires that all load -serving entities, includi ng Community Choice Aggregators (CCAs) , enter into long -term renewable energy contracts with energy delivery to begin by the 2021 – 2024 compliance period (Compliance Period 4).

DISCUSSION
EPIC will begin serving electricity to residential customers in October 202 2 and is required to meet the requirements of SB 350. To meet this requirement, CalChoice, on behalf of EPIC and its other member agencies , has been engaged in contract negotiations for offers through the Request for Offers (RFO) process and through other bilateral opportunities. CalChoice and its legal and technical team spent several months Report to Mayor and City Council
Re: Adopt Resolution CC 2022-025
March 2, 2022

negotiating and finalizing commercial and contract terms with Powerex on behalf of its member agencies. The energy delivered under this agreement will be wind and biomass from the Pacific Northwest. Delivery will begin in October 2022 for a period of ten years.

As a condition of the agreement, payment terms are such that the City’s general fund is protected, and Powerex requires no additional credit or collateral by the City or CalChoice.

This contract volume will fulfill approximately 5% of EPIC’s long-term requirements for Compliance Period 4 as mandated by the Act. As such, staff will be returning in the upcoming months with additional contract approval requests.

FISCAL IMPACT
Between $697,000 and $1,302,000 annually for ten (10) years beginning in October 2022 for a total of $1,999,500 over the ten-year term. Sufficient revenues will be generated to cover operating expenses, including power procurement. No other security or credit backing by the city will be required.

STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.

A. Manage resources, costs and liabilities to ensure the City’s long-term fiscal health.

Goal III: Invest in infrastructure to improve community livability.

B. Implement and administer environmentally sustainable programs.

Prepared by: Tammy Salt, Energy Resource Manager
Certified as to the availability of Funds: Keith Kang, Finance Manager Approved by: Ronda Perez, Acting City Manager
Approved as to form: Christopher Beck, City Attorney

ATTACHMENTS

1. Power Purchase and Sale Agreement

2. Resolution No. CC 2022-025
Powerex

AGREEMENT BETWEEN
Powerex Corp. * and California Choice Energy Authority Powerex Deal No.

This document ("Confirmation") confirms the agreement reached between Powerex Corp.* ("Powerex" or "Seller") and California Choice Energy Authority, a California joint powers authority ("CCEA" or "Purchaser") regarding the sale and purchase of the Product in accordance with the WSPP, Inc. Agreement in effect on the Reference Date (as amended and supplemented by the Master Confirmation and Netting Agreement between the Parties dated June 9, 2021, the "WSPP Agreement") and Service Schedule R thereto, as amended and supplemented by this Confirmation under the following terms and conditions. The transaction reflected by this Confirmation is being entered into by Purchaser on behalf of its member, City of Palmdale ("Member"). Consistent with Section 35 of the WSPP Agreement, this transaction and Confirmation, together with all other transactions and Confirmations (as defined under the WSPP Agreement) between the Parties and the WSPP Agreement, form a single integrated agreement and are not separate contracts. Terms used but not defined herein shall have the meanings ascribed to them in the WSPP Agreement.

For the purposes of Section 8 of the Special Conditions, Member is a Party to this Agreement.

Seller:

Purchaser:

Transaction:

Vintage
(Generation Term):

Product:

Environmental
Attributes:

Powerex
CCEA
For the purposes of this Confirmation and the Bundled Renewable Energy to be procured pursuant hereto, the generation term for Bundled Renewable Energy is October 1, 2022, to September 30, 2032, inclusive ("Generation Term"). "Bundled Renewable Energy", which is comprised of energy generated by the Project(s) and the associated Green Attributes.

Bundled Renewable Energy will be considered a Firm Bundled REC product for the purposes of Service Schedule R, as amended hereby.

All Attributes.

Applicable Program: RPS, as defined herein.

Delivery: The Parties recognize that a schedule of energy to the CAISO Balancing Authority is a delivery to the CAISO and not directly to Purchaser or Member. Scheduling Energy to the CAISO Balancing Authority shall constitute Delivery of Bundled Renewable Energy, provided the WREGIS Certificates evidencing the Green Attributes comprised in the Bundled Renewable Energy are Delivered as provided in this Confirmation.

Energy

2 Purchaser elects to take Delivery of the energy by either Delivery Method (Category I Product) or Delivery Method 2 (Category 2 Product), or both, as specified under the "Contract Quantity" section. The Parties intend that the Product as procured by Purchaser and as Delivered by Seller in accordance with (i) Delivery Method I will meet the Category I Product Eligibility Requirements and (ii) Delivery Method 2 will meet the Category 2 Product Eligibility Requirements.

Green Attributes
Green Attributes to be Delivered hereunder shall be represented by WREG IS Certificates. The transfer of WREGIS Certificates through WREGIS shall be deemed to transfer title to all of the Green Attributes associated with the Product.

Due to WREGIS Timelines, completion of Delivery of the Green Attributes may occur after the Generation Term or Generation Sub -term, as applicable, however such delay shall not constitute a failure to Deliver the WREGIS Certificates by Seller. Seller will m atch WREGIS Certificates with e-Tags prior to transferring WREGIS Certificates (unless there are no e -Tags associated with the Energy Delivery, as contemplated in the Scheduling and Tagging Section below).

Delivery to/Acceptance by Member
As the Transaction is entered into by Purchaser on behalf of Member, Purchaser irrevocably directs Seller to Deliver Bundled Renewable Energy directly to Member in the manner set forth herein rather than to Purchaser and, for greater certainty, (i) any Del ivery to Member shall constitute Delivery to Purchaser for the purposes of this Confirmation, including for the purposes of Section 9 of the WSPP Agreement and Section R -9 of Service Schedule R, and (ii) any failure to receive or accept by Member shall be a failure to receive or Accept by Purchaser.

Transfer Date:

Contract Quantity:

As per Section R-3.2.1 of Service Sched1ile R.

During the Generation Term, Purchaser, on behalf of Member, shall procure 144,000 MWh of Bundled Renewable Energy from Seller ("Contract Quantity") to be Delivered by Seller in accordance with the Delivery Method Election elected by Purchaser in the table below:

Delivery_ Method Election
Quantity Delivery Method / Category Product
(MWh)
"Delivery Method 1" - (Category I Product) - Energy directly Delivered from the Project on an hourly, sub -hourly or real -time basis to the Delivery Point without substituting electricity from another source ("Project Energy").
□ - "Delivery Method 2" - (Category 2 Product) - Energy generated by a source other than the Project, Delivered to the Delivery Point in substitution for, and in an amount matching the amount of, Project Energy ("Substitute Energy").

If both boxes are checked, Purchaser is deemed to have selected a combination of Delivery Method 1 and Delivery Method 2 as detailed above.

4 For each MWh of Category 1 Product or Category 2 Product Delivered hereunder, the Contract Price shall consist of the sum of the Energy Price and the applicable GA Price, less the CAISO Credit, calculated as follows:

Facilities: Bundled Renewable Energy procured under this Confirmation will be generated by one or more of the facilities listed in Schedule "A". For the purposes of Delivering Category 1 Product, Seller may add additional facilities from time to time by providing Purchaser with an updated Schedule "A" (with additional facilities listed in Part B) which shall replace the existing Schedule "A" to this Confirmation provided that such facility must be added by Seller prior to the generation and delivery of Project Energy from such facility pursuant to this Confirmation.

Delivery Point:

Scheduling and
Tagging:

Seller may deliver Energy to any CAISO Point. For greater certainty, in the event an e-Tag includes more than one CAISO Point, the Delivery Point shall be the last point of delivery (POD) or "sink" CAISO Point on such e-Tag.

Scheduling
Seller shall schedule or cause to be scheduled, at its sole discretion, Energy to the CAISO Balancing Authority on a day- ahead, hour-ahead, sub-hourly and/or real - time b
asis.

All Energy shall be scheduled in accordance with Generally Accepted Utility Practice.

E-taggmg
Seller shall generate all e -Tags required to schedule the Energy to the Delivery Point and such e -Tags will be in accordance with generally accepted e- tagging practices and standards in the WECC region. For greater ce1iainty, no e-Tags will be generated for Deliveries from a Project within the CAISO Balancing Authority.

Each e-Tag will include the following, depending on the Category Product:

E-Tag Location Categm:y 1 Product Category 2 Product
Last CA (Control Area)
under 'Physical Path'
CAISO Balancing
Authority
CAISO Balancing
Authority
First 'POR/ POD'
under 'Physical Path'
A single Project Any source other than a
Project
Last or 'sink' PSE
(Purchasing Selling
Entity) under 'Physical
Path'
- -
Misc(Token/V alue) RPS ID for that Project One or more, up to a field maximum of ten, of the
RPS ID numbers for the
Projects

5 E-Tag Location CategOI)'. 1 Product CategOI)'. 2 Product Comment field No comments required No comments required If a "sink" PSE is not specified above by Purchaser, Seller may, and Purchaser (for itself and Member) authorizes Seller to, use a sink PSE (including its own) consistent with generally accepted e-tagging practices and standards in the WECC region (including CAISO deliveries).

Tracking System: WREGIS.

For Category 1 Product, WREGIS Certificates will be transferred following applicable WREGIS Timelines. For Category 2 Product, WREGIS Certificates will be transferred following the later of (i) applicable WREGIS Timelines and (ii) the month after delivery of associated Substitute Energy. WREGIS Certificates will be transferred to Member's WREGIS account named Palmdale EPIC (WREGIS Account ID #XXXX).

In the event WREGIS changes the WREGIS Operating Rules in effect on the Reference Date (or its application thereof) such that WREGIS Certificates cannot be transferred as required under this Confirmation, the Parties will negotiate in good faith using commercially reasonable efforts to revise or amend this Confirmation to the extent possible to enable the transfer of WREGIS Ce1iificates as required hereunder.

Invoicing and Payment:

Except as provided below under "Payment in Equal Installments", invoicing and payment for Energy and Green Attributes Delivered hereunder shall be in accordance with Section 9 of the WSPP Agreement. The CAISO Credit will be reflected in the Energy invoice. The Parties acknowledge that invoicing and payments for the Energy may not occur in the same month as invoicing and payments for the Green Attributes associated with such Energy. Seller shall be entitled to retain for its account all revenues received from the CAISO associated with the delivery of Energy to the CAISO Balancing Authority.

Payment in Equal Installments
Purchaser shall pay in equal monthly installments as follows:
(a) For each Generation Sub -term, Purchaser shall pay for the total contracted quantity for such Generation. Sub- term (i.e., the minimum quantity specified for such Generation Sub- term in the table under "Energy Delivery Profile") in advance in equal monthly installments across all months within such Generation Sub- term.
(b) Seller will issue an invoice for each monthly installment. For each Generation Sub-term, the first invoice will be issued the month prior to the start of the Generation Sub- term and then monthly thereafter, with the last such invoice issued in the second -to-last (penultimate) month of the Generation Sub-term.
6 (c) In the event deliveries in any Generation Sub-term are subject to a minimum and maximum (i.e., minimum quantity and maximum quantity specified in the table under "Energy Delivery Profile"), the equal monthly installments shall be based on the minimum delivery obligation. Any quantity over and above the minimum quantity (up to the maximum quantity) will be invoiced and paid in accordance with Section 9 of the WSPP Agreement, provided Seller will not issue the invoice for any such additional quantity prior to Delivery of the minimum quantity. (d) For greater ce1iainty, if there is more than one Generation Sub -term the equal monthly installments may vary between Generation Sub-terms depending on the applicable Contract Price, contracted quantity and number of months.
(e) To the extent at any time payments to Seller exceed deliveries to Purchaser with respect to any Generation Sub -term, Purchaser shall not have any right to request a return of any excess payment, and any excess payment will be held by Seller as collateral/p erformance assurance and applied automatically to future deliveries in the applicable Generation Sub -term provided that if any such excess payment remains after full settlement for all deliveries hereunder during the Generation Term then such excess hereunder will be credited to Purchaser in the final invoice for deliveries hereunder.
(f) For greater certainty, payment in equal installments does not restrict or fetter Seller's discretion to schedule and deliver the Product hereunder.

Seller's invoices may be delivered by email from Seller to Purchaser.

Change in Law: Regulatorily Continuing, provided that Seller's obligations to make reasonable efforts or commercially reasonable efforts to obtain compliance with a Change in Law (or "change in law") shall not require Seller to incur any costs and expenses related thereto or suffer any losses in connection therewith, whether direct or indirect, in excess of the limits set forth in Section
10 of the Special Conditions.

Subject to the above noted agreed maximum amount, provided that Seller is making reasonable efforts or commercially reasonable efforts, as applicable, to obtain compliance with any Change in Law (or change in law), any non- compliance shall not be an Event of Default and, to the extent such Change in Law (or change in law) results in a Failing Category Product hereunder, Section 2 of the Special Conditions shall apply and be the exclusive remedy of the Parties (and all other damages or remedies are waived).

SPECIAL CONDITIONS

1. Additional Definitions and Modifications . The defined terms set forth in Schedule "B" and the amendments and modifications to the WSPP Agreement and Service Schedule R set forth in Schedule "C" shall apply to this Confirmation.

2. Eligibility Requirements. If, at any time, a Category Product does not meet the applicable Eligibility Requirements (a "Failing Category Product"), it shall not be an Event of Default for the purposes of the WSPP Agreement. If a Failing Category Product does not meet or satisfy the Eligibility Requirements for any reason other than a Purchaser Eligibility Failure, a Seller Eligibility Failure or Uncontrollable Force, the following shall apply:
7 (a) the Parties will negotiate in good faith using commercially reasonable efforts to revise or amend this Confirmation as appropriate so that the Failing Category Product meets or satisfies the applicable Eligibility Requirements in a manner consistent with the intent of the Parties as set out in this Confirmation.
(b) If the Parties are unsuccessful in revising or amending the Confirmation as provided in (a) above:
(i) the Parties will have no liability to each other for any failure to schedule, Deliver o
r Accept the Failing Category Product that is not then Delivered (provided, for greater ce11ainty, that Purchaser shall remain liable for any Green Attributes associated with Energy already Delivered); and
(ii) either P arty may, by written notice to the other, immediately terminate the Transaction and this Confirmation, without penalty, termination payment or liability of either Party to the other except as provided in sub-paragraph (i) above.

3. Failure to Deliver/Accept. Notwithstanding the Contract Price being expressed as the sum of the Energy Price (less CAISO Credit) and the applicable GA Price, the calculation of damages for failure to Deliver or Accept the Produ ct (or any component thereof) shall be calculated in accordance with Section R- 9. l.2(a), subject to the modifications set fo11h herein. For greater certainty: (i) any quantity of Category Product that does not meet or satisfy the applicable Eligibility Requirements as a result of a Seller Eligibility Failure shall be considered a failure to Deliver by Seller, and (ii) Seller shall no be liable to Purchaser for any quantity of Category Product that does not meet or satisfy the applicable Eligibility Requirements as a result of a Purchaser Eligibility Failure. If WREGIS Certificate(s) are not transferred as required by this Confirmation solely as a result of an error or omission of WREGIS or the CAISO, it shall not be a failure to Deliver or Accept, however the Pai1ies shall use commercially reasonable effort and cooperate in good faith to cause WREGIS to correct its error or omission to complete such transfer.

4. Waived Shortfall - Category 2 Product. If Seller reasonably anticipates that it will be unable to Deliver the required quantity of Category 2 Product with respect to any Generation Sub- term or the Generation Term, Seller may provide written notice to Purchaser on or before sixty (60) days prior to the end of the applicable Generation Sub -term and, upon Purchaser's receipt of such notice, the Pai1ies will negotiate in good faith using commercially reasonable efforts to determine whether Seller may deliver a product comparable in all material respects to the Category 2 Product generated by or attributable to an Alternate Eligible Facility or Alternate Source ("Alternate Supply"). If the Parties mutually agree to such arrangements for Alternate Supply, they will enter into a separate agreement respecting same (which will include the same Contract Price and otherwise be in substantially the same form as this Confirmation) and Purchaser will waive the shortfall and any related liquidated damages that may otherwise be payable pursuant to this Confirmation for the amount of such Alternate Supply.

5. Events of Default; Remedies. For purposes of this Transaction:
(a) For the purposes of determining payments under Section 22 of the WSPP Agreement, with respect to this Transaction, the economic benefits or losses of the Non -Defaulting Party resulting from termination of this Transaction shall be based on the energy and Green Attributes components of the Product.
(b) The remedies for failure to Deliver or Accept the Product (including Green Attributes) provided for in the WSPP Agreement and Service Schedule R, as amended by this Confirmation, are the sole and exclusive remedies and all other remedies are waived. 8 6. Importer of Energy/Compliance Obligation. For any Energy imported into California, Seller will be the electricity importer into California for purposes of the Cap and Trade Regulations. The Parties acknowledge that Seller will be responsible for satisfying the Compliance Obligation under the Cap and Trade Regulations associated with the energy which Seller shall sched ule and import into the CAISO Balancing Authority as part of the Product to be delivered under this Confirmation and that Seller may and shall have the right to claim that any Energy that Seller has scheduled and imported into the CAISO Balancing Authority is from a Specified Source and claim the RPS Adjustment with respect to Substitute Energy. Purchaser agrees to assist Seller in making the Specified Source and RPS Adjustment claims, including agreeing as follows:
(a) Specified Source- Category 1 Product. Purchaser agrees, by May 15 following the end of each calendar year in the Generation Term, to provide Seller with a written attestation providing a detailed breakdown of the total quantity of WREGIS Certificates transferred under this Confirmation associated with the Category 1 Product that have been placed in a WREGIS retirement subaccount and those that remain in a WREGIS active subaccount and the name of each such account.
(b) RPS Adjustment - Category 2 Product. [Reserved].

Notwithstanding Section 8 of these Special Conditions, Purchaser remains primarily liable to Seller for Purchaser's obligations under this Section 6.

This Section 6 is based on the Cap and Trade Regulations and Mandatory Reporting Rule as of the Reference Date of this Confirmation. In the event that the regulatory requirements for mitigating the Compliance Obligation change after the Reference Date, Purchaser shall make commercially reasonable efforts to assist Seller in meeting such regulatory requirements. This provision shall survive expiry or earlier termination of this Transaction until s uch time as the information contemplated herein in respect of the last year of the Generation Term is provided to Seller by Purchaser.

7. Standard/Non-Modifiable Terms and Conditions .
(a) This Agreement and the rights and duties of the Parties hereunder shall be governed by and construed, enforced and performed in accordance with the laws of the state of California, without regard to principles of conflicts of law. To the extent enforceable at such time, each Party waives its respective right to any jury trial with respect to any litigation arising under or in connection with this Agreement. [STC 17]
(b) Seller shall be responsible for ensuring that: (i) each Project is certified as an eligible renewable energy resource for the RPS prior to delivery of Category 1 Product or Category 2 Product hereunder from such Project; and (ii) the Green Attributes have been or will be transferred to Seller and will be transferrable to Member through or using WREGIS, or such similar generation information or attributes tracking system as may be approved by or other method of transfer acceptable to the Energy Commission; (c) Seller warrants that all necessary steps to allow the Renewable Energy Credits transferred to Buyer to be tracked in the Western Renewable Energy Generation Information System will be taken prior to the first delivery under the contract [STC REC-2]; (d) Seller hereby provides and conveys all Green Attributes associated with all electricity generation from the Project as part of the Product being delivered. Seller represents and warrants that Seller holds the rights to all Green Attributes from the Project, and Seller agrees to convey and hereby conveys all such Green Attributes as included in the delivery of the Product from the Project; and
9 (e) For the purposes of this Transaction:
(i) Seller, and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement that: (i) the Project qualifies and is ce1iified by the CEC as an Eligible Renewable Energy Resource ("ERR") as such term is defined in Public Utilities Code Section 399.12 or Section 399.16; and (ii) the Project's output delivered to Buyer qualifies under the requirements of the California Renewables Portfolio Standard. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law [STC 6]; and
(ii) Seller and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement the Renewable Energy Credits transferred t o B
uyer conform to the definition and attributes required for compliance with the California Renewables Portfolio Standard, as set fo1ih in California Public Utilities Commission Decision 08- 08-028, and as may be modified by subsequent decision of the California Public Utilities Commission or by subsequent legislation. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default i f Seller has used commercially reasonable efforts to comply with such change in law. [STC REC- I]
For the purposes of STC 6 above, for the Category 2 Product, the Parties acknowledge that Seller is delivering Substitute Energy, in substitution for Project Energy, and Green Attributes.

As used in Section 7(e) of these Special Conditions, "Delivery Term" has the same meaning as "Generation Term" provided that, for the purposes of STC 6 above with respect to any facility listed in Schedule A, the Pm:ties agree that the representation and warranty therein applies only to the portion of such Delivery Tenn that is after the eligibility date issued by the CEC and during which the output from that facility is being delivered pursuant to this Confirmation.

8. Member Obligations. Member hereby agrees to take (or cause to be taken) the following actions:
(a) For Category I Product, to place the WREGIS Certificates in its WREGIS retirement subaccount or WREGIS active subaccount for the purposes of its compliance with the RPS; (b) For Category 2 Product, to place the WREGIS Certificates in its WREGIS retirement subaccount and designate the RECs represented by such WREGIS Certificates for retirement for the purposes of its compliance with the RPS for the applicable year in the Generation Term in accordance with the Cap and Trade Regulation; and (c) To provide Seller with written attestations as set forth in Section 6 of these Special Conditions within the time required by such Section.

M
ember is not a pmiy to the WSPP Agreement, but hereby agrees to incorporation and application of such terms to the extent required to enforce this Section 8, provided that the application of the WSPP Agreement is expressly subject to the modifications in this Confirmation.

9. Resale. Seller makes no representation or warranty that the Category 1 Product or Category 2 Product will satisfy applicable Eligibility Requirements if re -sold by Purchaser. In the event all or any portion of the Category Product(s) purchased or to be purchased by Purchaser hereunder is re- 10 sold by Purchaser, any such resale does not affect Purchaser's obligations hereunder and Purchaser remains primarily liable to Seller for all Purchaser's obligations hereunder.

10. Commercially Reasonable Efforts.
(a) A Party required to use or make "reasonable
in aggregate
direct or indirect costs, including lost profits, and out -of-pocket costs and expenses, to comply with such "commercially reasonable effo11s", and then only to the extent incurring such costs would be reasonably likely to achieve the desired effect. (b) In the event an issue or circumstance requiring a Party to use or make reasonable efforts or commercially reasonable efforts similarly affects one or more other transactions between the Patties, the limit set fo11h in paragraph (a) above shall not be cumulative to any limits applicable to such other transactions.

11. Suppo11ing Data . For the applicable Category Product delivered from facilities outside CAISO Balancing Authority Area, Seller will provide Purchaser with hourly meter data, e-Tag data and, if applicable, associated calculations of the lesser of each by hour for each month RECs are delivered to Purchaser under this Confirmation. Further, Seller will use commercially reasonable effo11s to provide such other data or information as may be reasonably requested and required by Purchaser for the purposes of using the applicable Category Product for its compliance with the RPS provided such requested data or information is available to Seller and can be disclosed by Seller to Purchaser without breaching confidentiality obligations owed to a third party.

12. Confidentiality . Section 30.1 of the WSPP Agreement is amended by deleting the "or" immediately before subsection (7) and insetting the following immediately after the end of subsection (7) "or, (8) to Deliver RECs pursuant to the requirements of the Tracking System".

13. Entire Agreement. This Confirmation sets forth the terms of the Transaction into which the Parties have entered and shall constitute the entire agreement between the Parties relating to the contemplated purchase and sale of the Product.

14. Condition Precedent. This Confirmation (and the Transaction confirmed thereby) shall not be binding upon any Party until and unless both Powerex and CCEA have executed and delivered this Confirmation to the other Party before 4:00 p.m. Pacific Prevailing Time on June 30, 2021. If either Patty fails to satisfy the foregoing condition precedent, then this Confirmation (and the Transaction confirmed thereby) shall have no force and effect and all offers hereunder shall be deemed rescinded.
[Remainder of this page intentionally left blank]

11 ACKNOWLEDGED AND AGREED TO:

POWEREX CORP.* CALIFORNIA CHOICE ENERGY
AUTHORITY, a California joint powers
authority
Name• Name:

Title:

Date:

Jason Caudle
Executive Director
. Contact:

Anthony Des Lauriers
Tel: (604) 891-6018
F ax: (604)891-5056
Contact:

Cathy DeFalco
Tel: (805) 260-9047
E-mail: [email protected]
Scheduling:

Tel: (604) 891-5007 (Prescheduler)
Tel: (604) 891-5091 (Real Time) .

Tel: (604) 891-5057 (Mid-Office Agreement)
Fax: (604) 891-.5045
E-mail: [email protected]
Scheduling:

Tel: (805) 260-9047 (Prescheduler)
Tel: (805) 260-9047 (Real Time)
Tel: (805) 260-9047 (Mid-Office Agreement)
E-mail: [email protected]
ACKNOWLEDGED AND AGREED TO SOLELY FOR SECTION 8 OF THE SPECIAL CONDITIONS:

CITY OF PALMDALE
Name:
· Title:

Date:

Ronda Perez
Acting City Manager

13 SCHEDULE "B"
Additional Definitions
For the purposes of this Confirmation, the following terms shall have the following meanings:
(a) "Accept", " Accepts" or "Accepted" has the same meaning as Acceptance in Service Schedule R. (b) "Agreement", as used in Section 7 of the Special Conditions, means, collectively, all of the terms applicable to a REC Transaction under the WSPP Agreement, Service Schedule R, and this Confirmation.
(c) "Alternate Eligible Facility" m eans an alternate generation facility that is certified as an eligible renewable energy resource for the RPS and from which Seller is entitled to energy and associated Green Attributes generated during the Generation Term (or portion thereof in respect of which bundled energy and associated Green Attributes to be Delivered hereunder are generated by such facility).
(d) "Alternate Source" m eans an alternate source of supply of energy and associated Green Attributes generated by the same facility as a Project during the Generation Term and which S eller is entitled to pursuant to its purchase agreements for output from the facility. (e) "Buyer" m eans Purchaser.
(f) "CAISO Balancing Authority" means, as the context requires, CAISO as "Balancing Authority" or "CAISO Balancing Authority Area", as such terms are used in the CAISO Tariff. (g) "CAISO Point" means any Location in the CAISO Balancing Authority or CAISO Controlled Grid, including any Scheduling Point (as such terms are defined in the CAISO Tariff). (h) "CAISO Tariff' means the applicable tariff and protocol provisions of the California Independent System Operator ("CAISO") (as amended from time to time). (i) "Cap and Trade Regulations" means the regulations entitled California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms set forth at Article 5 of Subchapter 10 of Title 17 of the California Code of Regulations.
(i) "Category I Product" means the Product where Purchaser has elected to have the energy Delivered as Project Energy in accordance with Delivery Method I. (k) "Category I Product Eligibility Requirements" means, with respect to the Category I Product only, any applicable criteria or requirements of the RPS in force an·d effect as of the Reference Date regarding the eligibility or qualification of the Category I Product to meet the criteria of Section 399.16(b)(l) of the California Public Utilities Code or th is Confirmation or the Transaction confirmed hereby for the RPS, including without limitation any eligibility criteria applicable to an out-of-state resource.
(I) "Category 2 Product" means the Product where Purchaser has elected to have Substitute Energy Delivered in substitution for Project Energy in accordance with Delivery Method 2. (m) "Category 2 Product Eligibility Requirements" m eans, with respect to Category 2 Product only, any applicable criteria or requirements of the RPS in force and effect as of the Reference Date regarding the eligibility or qualification of the Category 2 Product to meet the criteria of Section 399. l 6(b)(2) of the California Public Utilities Code or this Confirmation or the Transaction 14 confirmed hereby for the RPS, including without limitation any eligibility criteria applicable to an out-of-state resource.

(n) "Category Product" means Category 1 Product or Category 2 Product, as applicable.

(o) "change in law" means "Change in Law" as defined in Service Schedule R, as modified herein.

(p) "Compliance Obligation" has the meaning set forth by the Cap and Trade Regulations.

(q) "CPUC" means the California Public Utilities Commission.

(r) "Effective Date" means the date on which both Parties have executed and delivered this Confirmation.

(s) "Eligibility Requirements" means Category 1 Product Eligibility Requirements or Category 2 Product Eligibility Requirements, as applicable.

(t) "Energy" means Project Energy or Substitute Energy, as applicable.

(u) "Energy Commission" or "CEC" means the California Energy Commission.

(v) "Environmental Attributes" means Green Attributes.

(w) "Generally Accepted Utility Practice" means a practice established by the Western Electricity Coordinating Council ("WECC") or any successor regional reliability council, as such practice may be revised from time to time, or if no practice is so established, means a practice otherwise generally accepted in the WECC region.

(x) "Generation Sub-term" means any sub -period within the Generation Term as specified in the Energy Delivery Profile Table under the heading "Delivery Method Quantity" (and for greater certainty means Generation Term if only one Generation Sub-term).

(y) "Green Attributes" means any and all credits, benefits, emissions reductions, offsets, and allowances, howsoever entitled, attributable to the generation from the Project, and its avoided emission of pollutants. Green Attributes include but are not limited to Renewable Energy Credits, as well as: (1) any avoided emission of pollutants to the air, soil or water such as sulfur oxides (SOx), nitrogen oxides (NOx), carbon monoxide (CO) and other pollutants; (2) any avoided emissions of carbon dioxide (CO2), methane (CH4), nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride and other greenhouse gases (GHGs) that have been determined by the United Nations Intergovernmental Panel on Climate Change, or otherwise by law, to contribute to the actual or potential threat of altering the Ear th's climate by trapping heat in the atmosphere; 1 (3) the reporting rights to these avoided emissions, such as Green Tag Reporting Rights. Green Tag Reporting Rights are the right of a Green Tag Purchaser to report the ownership of accumulated Green Tags in compliance with federal or state law, if applicable, and to a federal or state agency or any other party at the Green Tag Purchaser's discretion, and include without limitation those Green Tag Reporting Rights accruing under Section 1605(6) of The Energy Policy Act of 1992 and any present or future federal, state, or local law, regulation or bill, and international or foreign emissions trading program. Green Tags are accumulated on a MWh bas is and one Green Tag represents the Green Attributes associated with one (1) MWh of Energy. Green Attributes do not include (i) any energy, capacity, reliability or other power attributes from the Project, (ii) production tax credits associated with the c onstruction or operation of the Project and other

1 Avoided emissions may or may not have any value for GHG compliance purposes. Although avoided emissions are included in the list of Green Attributes, this inclusion does not create any right to use those avoided emissions to comply with any GHG regulatory program.
15 financial incentives in the form of credits, reductions, or allowances associated with the project that are applicable to a state or federal income taxation obligation, (iii) fuel- related subsidies or "tipping fees" that may be paid to Seller to accept certain fuels, or local subsidies received by the generator for the destruction of particular preexisting pollutants or the promotion of local environmental benefits, or (iv) emission reduction credits encumbered or used by the Project for compliance with local, state, or federal operating and/or air quality permit s. If the Project is a biomass or biogas facility and Seller receives any tradable Green Attributes based on the greenhouse gas reduction benefits or other emission offsets attributed to its fuel usage, it shall provide Buyer with sufficient Green Attributes to ensure that there are zero net emissions associated with the production of electricity from the Project.

(z) "Green Tag Purchaser", as used in the definition of Green Attributes, means Purchaser or Member, as applicable.

(aa) "Mandatory Reporting Rule" means the regulations entitled Mandatory Greenhouse Gas Emissions Reporting set forth at Article 2 of Subchapter 10 of Title 17 of the California Code of Regulations.

(bb) "Paity" means Purchaser or Seller, and "Parties" means both Purchaser and Seller. Member is a Party to this Confirmation for the purposes of Section 8 of the Special Conditions.

(cc) "Permitted Encumbrances" means any liens, claims, security interests or other encumbrances arising or attaching upon or after transfer of title or through Purchaser or Member.

(dd) "Project" means a facility listed in Schedule "A" provided that, for the purposes of Section 7(d) of the Special Conditions, the term "Project" shall be read to refer to all such facilities listed in Schedule "A" but only to the extent of Seller's contractual rights to the energy and Green Attributes produced by such facilities. Seller must be contractually entitled to all or a portion of the bundled energy and associated Green Attributes generated by the facilities listed in Schedule "A" during the Generation Term (or portion thereof in which the Product is generated by or attributed to such facility). Purchaser acknowledges that Seller (i) may deliver the Product from any or all Projects, and, (ii) may not have a contractual right to the entire output of such facilities.

(ee) "Purchaser Eligibility Failure" means a failure of a Category Product to meet or satisfy the applicable Eligibility Requirements or any element or component thereof which are in the direct control of Purchaser or Member to meet or satisfy as a result of or if caused by or attributable to an act or omission of Purchaser or Member, including use of the Product other than for its own RPS compliance purposes, procurement by Purchaser on behalf of Member rather than on its own behalf, a failure by Purchaser or Member to accept an applicable transfer on WREGIS, to provide information and data available to Purchaser or Member (including as provided by Seller) as may be required to verify the Green Attributes comprised in the Products or failure to retire or designate for retirement the RECs for the purposes of compliance with the RPS.

(ff) "REC" or "Renewable Energy Credit" means "renewable energy credit" as set forth in California Public Utilities Code Section 399.12(h).

(gg) "Reference Date" means the date that Powerex has executed this Confirmation (as reflected on the signature page hereto.

(hh) "RPS" means the California Renewables Portfolio Standard Program codified at California Public Utilities Code Section 399.11 et seq.

(ii) "RPS Adjustment" means the reduction in the Compliance Obligation of an electricity importer authorized by and calculated in ac cordance with section 95852 (b)(4) of the Cap and Trade Regulations and section 95111(6)(5) of the Mandatory Reporting Rule. 16 (jj) "RPS ID" means the "California Energy Commission RPS certification number", the "identification number" and/or the "RPS ID", as such terms are used by the CEC to describe the identification number for an eligible renewable energy resource that has been certified (or will be certified for the period of deliveries) as such by the CEC for the purposes of the RPS. The RPS ID for each Project is set out beside the applicable facility under the column "RPS ID" in the table attached hereto as Schedule "A".

(kk) "Scheduling Point" has the meaning set forth in the CAISO Tariff, including (w ithout limitation) the SYLMARDC_2_N501 and MALIN_S_NI0I Scheduling Points.

(II) "Seller Eligibility Failure" means a failure of Category I Product or Category 2 Product to meet or satisfy the applicable Eligibility Requirements or element or component thereof applicable to a Category Product which are in.the direct control of Seller to meet or satisfy as a result of or if caused or attributable to an act or omission by Seller, unless such failure is excused by Uncontrollable Force.

(mm) "Special Conditions" means the terms and conditions identified under the heading "Special Conditions" of this Confirmation.

(1111) "Specified Source" means "specified source", as such term is defined in the Mandatory Repo1ting Rule.

(oo) "WREGIS" means the Western Renewable Energy Generation Information System or any successor renewable energy tracking program.

(pp) "WREGIS Certificate" means a "C ertificate" as defined by WREGIS in the WREGIS Operating Rules and designated by law as eligible for complying with the RPS and for evidencing the Green Attributes associated with the Product.

(qq) "WREGIS Operating Rules" means the operating rules and requirement adopted by WREGIS, as amended from time to time.

(rr) "WREGIS Timelines" means the time line for WREGIS Certificate creation by WREGIS 111 accordance with WREGIS Operating Rules as applied by WREGIS. 17 SCHEDULE "C"

Amendments and Modifications to WSPP Agreement and Service Schedule R

The Parties agree to the following applications of the WSPP Agreement and the following conditions shall apply to this Transaction.

1. Clarification Regarding "All Attributes". The following is inserted after the word "producing" on the fom1h line of Section R- 2.4.1 of Service Schedule R: "associated with the REC to be transferred".

2. Clarification Regarding Delivery of RECs. The following is deleted from the first sentence of Section R -3.1.1: "the Contract Quantity to Purchaser" and replaced with "a REC to Purchaser in accordance with this Agreement or as otherwise provided in a Confirmation".

3. Clarification Regarding Acceptance ofRECs . The following is added to the end of Section R -3.1.2 of Service Schedule R: "Purchaser shall not be entitled to reject or refuse to Accept any RECs Delivered which comply with the requirements of a Confirmation pursuant to which they are Delivered. Purchaser's rejection of or failure to Accept any conforming RECs Delivered in accordance with this Agreement and the applicable Confirmation shall be subject to Section R-

9.1.1 or R-9.1.2 of Service Schedule R, as the case may be, as modified by a Confirmation."

4. Clarification Regarding Delivery in Bundled REC Transactions. The following is deleted from the first sentence of Section R -3.2.1: "the Contract Quantity of the REC and the Contract Quantity of the Energy" and repl aced with "the REC and the Energy in accordance with this Agreement or as otherwise provided in a Confirmation".

5. Passage of Title of RECs in Bundled REC Transactions. The second sentence of Section R -3.2.3 of Service Schedule R is deleted and replaced with the following: "If the REC is to be generated on or after the Effective Date, title to the REC shall pass from Seller to Purchaser (on behalf of Member) upon Delivery and Acceptance."

6. Generation Information and Expedited Certificates. The first sentence of Section R -3.3.1 of Service Schedule R is deleted. The Parties acknowledge and confirm that this Confirmation does not provide for forward transfer certificates in WREGIS or for any other designa ted Tracking System to expedite transfer of certificates.

7. Clarification Regarding Issuance of RECs. The first sentence of Section R -3.3.2 is deleted up to the semicolon and replaced with the following: "Seller is responsible for ensuring the transfer and issuance of RECs by the Tracking System;".

8. Clarification Regarding Conveyance. The words "As of both Delivery and" are deleted from the first line of Section R-3.4 of Service Schedule Rand replaced with "Upon".

9. Definition of "Change in Law" . The first sentence of Section R -5.2.2(a) is deleted and replaced with the following: "(a) "Change in Law" means any addition, amendment, decision, ruling, order, binding interpretation, determination, guideline, policy or guidance by or of a Governmental Authority, to or regarding any laws, rules, regulations, orders, or judicial precedent, that applies to an Applicable Program designated in the Confirmation, that is enacted, issued or becomes effective after the Reference Date and materially affects the Applicable Program or compliance of the REC with the Applicable Program."

10. Title Representation. The word s "As of both Delivery and" are deleted from the first line of Section R-6.1 of Service Schedule Rand replaced with "Upon". The following is added at the end of the last sentence of Section R-6.1: "other than Permitted Encumbrances." 18 11. Other Programs. The following is added after the last sentence of Section R -6.3: "Except as expressly set forth herein regarding the Applicable Program, Seller makes no representation or warranty that the Product will meet any particular requirement or will have any particular use or value or will be eligible for any particular renewable portfolio standard, green pricing program or governmental or voluntary compliance program or will offset, avoid, reduce or obtain credit for any reduction of pollutants or air emissions created by Purchaser's or any other person's electric generating facilities or any other facilities (each, an "Alternative Program"), and Seller shall have no obligations to Purchaser with respect to any such Alternative Programs."

12. Information Disclosed. The end of the last sentence of Section R -7.2 is deleted after the word "Confirmation."

13. Uncontrollable Force. For purposes of this Transaction, the performance of the Parties' obligations under the WSPP Agreement and this Confirmati on shall be subject to Uncontrollable Force and Section 10 of the WSPP Agreement shall apply such that either Party will be relieved of its obligations to sell and Deliver or purchase and Accept the Product without liability to the extent that, and for the period during which such performance is prevented by Uncontrollable Force. The following is added at the end of subparagraph (ii) of Section 10 of the WSPP Agreement as set out in Section R -8: ", except to the extent such supply is itself subject to Uncontrollable Force." The following is added to the sixth line of the addition to the second paragraph of Section 10 of the WSPP Agreement as set out in Section R -8 after the words "Schedules B and C": "or similar products which are not of an as -run nature". I n the event of any dispute regarding Seller's allocation of production during a period of cmiailment, all information relating to such allocation and Seller's compliance with Section R -8 shall be provided to a qualified independent third party selected by Seller for r view and determination and shall not be provided directly to Purchaser. Purchaser shall be entitled to receive a written copy of such independent third party's determination provided that no confidential or commercially sensitive information of Seller or third parties is disclosed therein or has been redacted therefrom. ·

14. Failm e to Accept or Deliver in Bundled REC Transactions. The last sentence of the modification to Section 21.3(a)(l) of the WSPP Agreement as set forth in Section R -9.l.2(a) is deleted. The text falling after the words "achieve such reduction)" in the modification to Section 2l.3(a)(2) of the WSPP Agreement as set f01ih in Section R-9. l.2(a) is deleted.

15. Replacement Price and Resale Price. "Energy" is deleted from the eighth line of Section R -10.1.4 and from the sixth line of Section R -10.1.5 and replaced with "the Product (or such component thereof)".

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2022-025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE

AUTHORIZING CALIFORNIA CHOICE ENERGY AUTHORITY
(CALCHOICE) TO ENTER INTO A LONG-TERM RENEWABLE ENERGY

AGREEMENT WITH POWEREX CORPORATION ON BEHALF OF
ENERGY FOR PALMDALE’S INDEPENDENT CHOICE (EPIC)
WHEREAS, On April 2, 2019, the Palmdale City Council adopted Ordinance No. 1524, An Ordinance of the Council of the City of Palmdale, California, Establishing a Community Choice Aggregation (CCA) Program; and
WHEREAS, The Palmdale CCA program is called Energy for Palmdale’s Independent Choice (EPIC); and
WHEREAS, EPIC will service residential and municipal accounts starting in October 2022 and commercial accounts in May 2023; and
WHEREAS, Senate Bill 350 established new clean energy, clean air, and greenhouse gas reduction goals for the state and specifically requires that all load- serving entities, including Community Choice Aggregators (CCAs), enter into long-term renewable energy contracts; and
WHEREAS, California Choice Energy Authority (CalChoice) acting on behalf of EPIC and its other member agencies engaged in contract negotiations for offers through the Request for Offers (RFO) process and also engaged in other bilateral opportunities to ensure state mandated requirement compliance; and WHEREAS, CalChoice has negotiated and finalized commercial contract terms on behalf of its member agencies with Powerex Corporation for long-term renewable energy that will comply with state mandates.

NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF

PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:

SECTION 1 . The City Council hereby authorizes CalChoice to enter into a Long-Term renewable energy agreement with Powerex Corporation on behalf of EPIC.

Resolution No. CC 2022-025

SECTION 2 . The City Council authorizes EPIC’s Executive Director and/or her/his designee to execute all documents needed to authorize CalChoice to move forward with the purchase of EPIC’s renewable energy in the above-mentioned agreement with Powerex in order to comply with state mandated requirements.

SECTION 3. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED and ADOPTED this 2nd day of March, 2022. _________________________________
Approved as to form: Steven D. Hofbauer, Mayor
ATTEST:
___________________________ _________________________________ Christopher L. Beck Shanae S. Smith, City Clerk
City Attorney
I, Shanae S. Smith, City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 2nd day of March, 2022 by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Shanae S. Smith, City Clerk
City Council Staff Report
DATE: MARCH 2, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY MANAGER’S OFFICE – FINANCE DIVISION
DISTRICT: ALL
SUBJECT: APPROVE FIRST AM ENDMENT TO PROFESSIONAL SERVICES

AGREEMENT WITH LANCE, SOLL, & LUNGHARD, LLP FOR AN
ADDITIONAL AMOUNT OF $135,000, NOT TO EXCEED AMOUNT
OF $210,000 FOR A FOUR (4) YEAR TERM THROUGH MARCH 30,
2026.

ISSUE
Approve First Amendment to professional services Agreement with Lance, Soll, & Lunghard, LLP for an additional amount of $135,000, not to exceed amount of $210,000 for a four (4) year term through March 30, 2026.

RECOMMENDATION
Staff recommends that the City Council:

1. Approve First Amendment to professional services Agreement A-7459 with Lance, Soll, & Lunghard, LLP for an additional amount of $135,000, not to exceed amount of $210,000 for a four (4) year term through March 30, 2026.

BACKGROUND
The City of Palmdale is required to produce annual financial statement package, commonly known as ACFR (Annual Comprehensive Financial Reports). ACFR is a set of financial statements for a state, municipality or other governmental entity that comply with the accounting requirements established by the Governmental Accounting Standard Board (GASB). It must be audited by an independent auditor using generally accepted government auditing standards. Because the city’s financial software (Munis) does not have the capability to produce those statements in a format required by GASB and other government bodies, a third-party software was needed.

On August 1, 2021, the City of Palmdale engaged in an agreement with Lance, Soll, & Lunghard LLP, a CPA company, to provide CaseWare ACFR implementation, as well as its training and support . Also included in the agreement was to create a customized CaseWare templates to assist with the automation of the Annual Comprehensive Financial Report (ACFR) that consists of Financial Statements, C ashflow Statement, Management Discussion and Analyst, Notes, and Statistical Section.

Report to Mayor and City Council
Re: Approve Amendment to Agreement with Lance, Soll, & Lunghard, LLP March 2, 2022

DISCUSSION
The original contract with Lance, Soll, & Lunghard LLP (LSL) provided five-year support ending in March 30, 2025 for all of work and services provide in the amount not to exceed $75,000. The First Amendment extends the five-year support period to an additional one year, extending the contract thru March 30, 2026.

Subsequent to entering into an agreement with LSL, the Finance Division experienced significant loss of staff hours during the pandemic and was unable to produce the necessary audit documents within the planned timeframe for Fiscal Year 2021-22. Staffs then requested Lance, Soll, & Lunghard LLP to provide additional services to assist the City with implementing CaseWare parameter configuration, designing reporting, and performing the necessary tests. Upon the City’s request, LSL prepared the actual financial statements within CaseWare software, which was not part of the original contract and would have been typically handled by internal staffs. These additional services cause the most significant cause of contract amendment. The additional hours provided by LSL effectively replaced the lost hours of two staff members.

In addition, the City has asked LSL to establish basic financial statement templates for component units (PCA, PFA, PCF, Housing Authority of the City of Palmdale) that are part of the annual reporting requirement. Moreover, LSL is asked to build quarterly financial statements as additional management tools.

Lance, Soll, & Lunghard LLP is the largest accounting firm in Orange County, California and is in business for 85 years. Their knowledge and expertise will continue to benefit the City, solidifying our financial strength and positioning us for future growth and stability. They have extensive experience in financial reporting, getting the most out of CaseWare, automating accounting processes and providing support and training to California Cities, Counties, School Districts, and Other Special Districts.

FISCAL IMPACT
The impact to General Fund is approximately $20,000 while the additional contract amount requested is $135,000. Staffs plans to re-allocate $115,000 of Tyer Munis budget allocation to this agreement within the IT budget.

STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.

B. Manage resources, costs, and liabilities to ensure the City’s long-term fiscal health.

Report to Mayor and City Council
Re: Approve Amendment to Agreement with Lance, Soll, & Lunghard, LLP March 2, 2022

C. Involve and expand engagement to enhance public oversight and transparency.

Prepared by: Gohar Avetisyan, Financial Analyst
Certified as to availability of Funds: Keith Kang, Finance Manager Approved by: Ronda Perez, Acting City Manager
Approved as to form: Christopher Beck, City Attorney

ATTACHMENTS

1. First Amendment to Agreement A-7459
FIRST AMENDMENT TO AGREEMENT A-7459

BETWEEN THE CITY OF PALMDALE AND LANCE, SOLL, & LUNGHARD, LLP

This 1st Amendment to Agreement No. A-7459 (“Agreement”) between the City of Palmdale and LANCE, SOLL, & LUNGHARD, LLP is made and entered into this 08 day of February, 2022 by and between the City of Palmdale (hereinafter called “CITY”) and LANCE, SOLL, & LUNGHARD, LLP (hereinafter called "CONSULTANT ").

WHEREAS, the CITY and CONSULTANT entered into an agreement to provide:

CaseWare ACFR Template Implementation, Training and Support for the City of Palmdale.

WHEREAS, CONSULTANT represents that CONSULTANT has the expertise and is qualified to perform the services described in the Contract, and if required, is duly registered under the laws of the State of California.

NOW THEREFORE, the parties agree as follows:

Due to additional professional service hours needed for the CaseWare ACFR Template Implementation, Training and Support for the City of Palmdale, the compensation identified in Section 9 is amended to increase the total price of the Agreement by $135,000.00 (to cover services thru March 30, 2026), not to exceed the amount of new $210,000.00.

1-2Concord - Document ID: generated after first signature

In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.

CITY OF PALMDALE:

LANCE, SOLL, & LUNGHARD, LLP:

Steven D. Hofbauer Date
Mayor

Gail Gray Date
Technology Partner
ADDRESS FOR NOTICE:

CITY OF PALMDALE
38300 Sierra Highway, Suite D
Palmdale, CA 93550

ADDRESS FOR NOTICE:

LANCE, SOLL, & LUNGHARD, LLP
203 N. Brea Blvd., Suite 203
Brea, CA 92821
APPROVE AS TO FORM:

Christopher L. Beck
City Attorney

ATTEST:

Shanae S. Smith
City Clerk
ATTEST: If Corporation

Secretary

2-2Concord - Document ID: generated after first signature 2/16/2022
City Council Staff Report
DATE: March 2, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PARKS AND RECREATION DEPARTMENT
DISTRICT: DISTRICT 2
SUBJECT: ADOPT RESOLUTION NO. CC 2022-017, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALMDALE APPROVING THE

APPLICATION WITH THE CALIFORNIA DEPARTMENT OF

GENERAL SERVICES (DGS) TO ACQUIRE FEDERAL AND STATE
SUPLUS PROPERTY.

ISSUE
Adopt Resolution No. CC 2022 -017, a Resolution of the City Council of the City of Palmdale approving the application with the California Department of General Services (DGS) to acquire federal and state surplus property.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. CC 2022 -017, a Resolution of the City Council of the City of Palmdale approving the application with the California Department of General Services (DGS) to acquire federal and state surplus property.

BACKGROUND
The City of Palmdale currently participates in the California Department of General Services (DGS) program to purchase surplus property from the State of California and/or federal government . Items on display from this program are the C-140 Jet Star, F -16 Fighting Falcon, and the X-55 A.C.C.A.

DISCUSSION
The current agreement with the State of California expires i n April 2022. By approving Resolution No. CC 2022-2017, staff will submit an application and execute a new agreement with the State of California Department of General Services (D GS) and continue utilizing the surplus property program.

Report to Mayor and City Council
Re: Adoption of Resolution No. CC-2022-017
March 2, 2022

FISCAL IMPACT
There is no fiscal impact associate with this action.

STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.

C. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programming that promotes active fun for everyone.

Prepared by: Eric Dombrowski, Deputy Director of Parks and Recreation
Approved by: Ronda Perez, Acting City Manager
Approved as to form: Christopher Beck, City Attorney

ATTACHMENTS

1. Resolution No. CC-2022-017

2. California Department of General Services Surplus Program Renewal

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2022-017

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE

APPROVING THE APPLICATION WITH THE CALIFORNIA DEPARTMENT OF

GENERAL SERVICES (DGS) TO ACQUIRE FEDERAL AND STATE SURPLUS PROPERTY.

WHEREAS, the City of Palmdale, California (the "City"), from time to time has need to acquire surplus property from the State of California and/ or the federal government; however, the previously executed agreement with the State Department of General Services, Federal Surplus Personal Property Program has expired; and,
WHEREAS, execution of the new application, attached hereto as Exhibit A, requires approval of a resolution by the Governing Board of the jurisdiction and/or organization to be the recipient of the surplus property;

NOW, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY

OF PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:

The City Council of the City of Palmdale hereby approves the execution of the Eligibility Renewal Application, attached hereto as Exhibit A, and orders that the employees whose names and titles are listed below are hereby authorized as the City's representatives to acquires state or federal Surplus property form the California State Agency for Surplus Property and approve incidental fees under terms and conditions set forth in the above referenced application.

Steven D. Hofbauer Mayor
Keri Smith Director of Parks and Recreation
Chuck Hefferman Director of Public Works
Keith Kang Assistant Director of Finance
Resolution No. CC 2022-017

The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED and ADOPTED this 2nd Day of March, 2022.

Approved as to form: Steven D. Hofbauer, Mayor
ATTEST:
___________________________ ________________________________ Christopher L. Beck Shanae S. Smith, City Clerk
City Attorney
I, Shanae S. Smith, City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 2nd day of March, 2022 by the following roll call vote:

AYES:

NOES:

ABSTAIN: ABSENT:

Date: ____________________________ ________________________________ Shanae S. Smith, City Clerk

City Council Staff Report
DATE: MARCH 2, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY’S OFFICE
DISTRICT: ALL
SUBJECT: APPROVE LEGAL SERVIC ES AGREEMENT BETWEEN THE CITY OF

PALMDALE AND BURKE, WILLIAMS & SO RENSEN, LLP IN THE
AMOUNT OF $250,000
ISSUE
Approve an Agreement for Legal Services Between the City of Palmdale and Burke, Williams & Sorensen, LLP in the Amount of $250,000.

RECOMMENDATION
Staff recommends that the City Council:

1. Approve an Agreement for Legal Services Between the City of Palmdale and Burke, Williams & Sorensen, LLP in the Amount of $250,000.

BACKGROUND
The law firm of Burke, Williams & Sorensen, LLP has represented the City since 2011, providing employment law general advisory and litigation services on behalf of the City.

Burke, Williams & Sorensen, LLP has successfully handled and continues to represent the City in a number of employment matters.

DISCUSSION
The most recent Agreement for legal services with Burke, Williams & Sorensen, LLP (A- 5316) expired in 2020. Because there were no extensions available to the previous contract (A-5316), a new contract is required between the City of Palmdale and Burke, Williams & Sorensen, LLP to cover the resolution of pending matters and allow the City to use the law firm on future matters.

Staff recommends that the City Council approve the Agreement for Legal Services between the City of Palmdale and Burke, Williams, Sorensen, LLP (A-7802) in the amount of $250,000.

Report to Mayor and City Council
Re: Agreement with Burke, Williams, Sorensen, LLP
March 2, 2022

FISCAL IMPACT
The Legal Services Agreement has the not-to-exceed amount of $250,000, however this amount is not guaranteed. Fees will only be paid to the extent services are provided. Funds for this agreement are currently budgeted in the City Attorney’s Office budget account, General (10114001-721100).

STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.

A. Manage resources, costs and liabilities to ensure the City’s long-term fiscal health.

Prepared by: Andrew S. Pletcher, Deputy City Attorney
Certified as to availability of Funds: Keith Kang, Finance Manager Approved by: Ronda Perez, Acting City Manager
Approved as to form: Christopher Beck, City Attorney

ATTACHMENTS

1. [Draft] Agreement with Silver & Wright, LLP

Legal Services Agreement
Agreement No. A-7802

AGREEMENT FOR LEGAL SERVICES BETWEEN

THE CITY OF PALMDALE AND BURKE, WILLIAMS & SORENSEN, LLP AGREEMENT NO. A-7802

This Legal Services Agreement ("Agreement") is made and entered into by and between the City of Palmdale ("City") and Burke, Williams & Sorensen, LLP ("Firm"), collectively identified as "the parties."

RECITALS:

A. This Agreement is made pursuant to California Business and Professions Code Section 6148 and is intended to fulfill the requirements of that section.

B. The City desires to retain the Firm to provide specialized legal services related to the areas of code enforcement, nuisance abatement, as well as general advisory services related to municipal law.

C. The attorneys of the Firm are duly licensed under the laws of the State of California and are fully qualified to provide the services contemplated by this Agreement.

THE PARTIES AGREE AS FOLLOWS:

1. Scope of Services.

a. The Firm will provide those legal services as may be authorized and assigned by the Palmdale City Attorney, including, without limitation, legal services related to the area of labor and employment law, as well as general advisory services related to such areas of law. The firm will provide those legal services reasonably required to accomplish City's stated goals.

b. The legal services the Firm will provide to City will be billed at the rates set forth in Exhibit "A", attached.

2. Designation of Responsible Attorneys.

Sheila Delshad, Esq. and Cheryl L. Johnson-Hartwell, Esq. are designated as the attorneys responsible for providing the legal services under this Agreement to City and for supervising any other attorneys within the Firm assisting them in the performance of those services. The Firm's offices are located at 444 South Flower Street, Suite 2400, Los Angeles, CA 90071.

3. Confidentiality.

All reports, information, data or other documents prepared or assembled by the Firm under this agreement are confidential and the Firm shall not make the same DRAFT

Legal Services Agreement
Agreement No. A-7802

available to any individual or organization without the prior written approval of the Palmdale City Attorney.

4. Maximum Contract Amount. Billing Procedures. and Monthly Statements.

a. The Firm shall submit to the Palmdale City Attorney, within thirty (30) days after the end of each calendar month, an itemized statement of the professional services provided and the time expended providing those services. This statement will be in the form customarily submitted by the Firm to clients that are billed on an hourly basis. The parties acknowledge that payment of all monthly statements is expected to be made within thirty (30) days of the billing date.

b. The Firm will bill the City for items such as, but not limited to, long distance telephone calls, filing fees (if applicable), document duplication, computerized legal research, word-processing, and similar out-of-pocket expenditures. These items will be separately designated on the Firm's monthly statements as "disbursements," and will be billed in addition to the fees for professional services.

c. If the Firm's services are billed by the hour, time will be charged by the Firm in increments of 1/10 of an hour (i.e., six-minute units). Among the services which are routinely billed are telephone conversations and travel time. ln addition to the fees charged for services, the Firm also bills for costs incurred, which include, but are not limited to, filing fees (if applicable), messenger and air courier expensed, parking expenses, local and out-of-town travel expenses, facsimile and other communication expenses, postage, and printing costs. ln addition, the Firm charges for certain internal costs if incurred on City's behalf, such as photocopying, secretarial overtime, and word processing.

The rate structure in general, or the rates of particular attorneys, may be increased from time to time, after a minimum 30-day written notice to and written consent of the Palmdale City Attorney. To the extent feasible, these adjustments will be made so as to coincide with the beginning of City's fiscal year, which begins on July 1st.

If possible, requests to increase fees should be forwarded to the Palmdale City Attorney in February of any given year

d. The Firm's fees for legal services are based primarily on hourly rates; other factors considered by the Firm in determining a fair fee are set forth in Rule 1.5 of the Rules of Professional Conduct of the California State Bar Association. If persons who are "Of Counsel" to the Firm work on City matters, the Firm and its Of Counsel may from time to time share the fees paid by City; however, if such is the case, City's fees will not be increased in any way, and the fees which City is requested to pay will be the same as would have been payable had there been no such sharing of fees.

e. All fees, charges, costs and reimbursable items for the term of the Agreement shall not exceed a maximum of $250,000.

DRAFT

Legal Services Agreement
Agreement No. A-7802

5. Resolution of Fee Disputes.

City is entitled to require that any fee dispute be resolved by binding arbitration in Los Angeles in accordance with the arbitration rules of the Los Angeles County Bar Association for legal fee disputes. If City chooses not to use the Los Angeles County Bar Association's arbitration procedures, City agrees that any disputes regarding the professional services rendered or fees charged by the Firm will be submitted to binding arbitration in Los Angeles to be conducted by the American Arbitration Association in accordance with its commercial arbitration rules.

6. Term of the Agreement.

This Agreement will take effect on the date this Agreement is signed by the parties and will remain in full force and effect for a period of three (3) years or until terminated in accordance with the provisions of Section 7.

7. Termination of the Agreement.

City has the right to terminate the Firm's representation at any time, without cause, subject to an obligation to give notice in writing to the Firm at least thirty (30) days prior to termination. The Firm has the same right, subject to an obligation to give City written notice at least ninety (90) days prior to termination so that City will be able to arrange alternative representation. ln either circumstance, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in any pending litigation matters. The Firm agrees to cooperate fully in any such transition, including the transfer of files. Upon termination, all finished or unfinished materials shall become the property of City. Notwithstanding the termination of the Firm's representation, City will remain obligated to pay to the Firm all fees and costs incurred prior to such termination.

8. Modifications to the Agreement.

Unless otherwise provided for in this Agreement, modifications relating to the nature, extent, or duration of the Firm's professional services to be rendered will require the written approval of the Palmdale City Attorney. Any such written approval will be deemed to be a supplement to this Agreement and will specify any changes in the Scope of Services and the agreed-upon billing rate to be charged by the Firm and paid by the City.

9. Independent Contractor.

No employment relationship is created by this Agreement with the Firm or any employees of the Firm. For all purposes, the Firm and its employees are independent contractors to City and shall not incur, nor have the authority to incur any debt, obligation, or liability for or against City.

DRAFT

Legal Services Agreement
Agreement No. A-7802

10. Assignment and Delegation.

This Agreement contemplates the performance of professional services by the Firm. Neither this Agreement, nor any portion of it, may be assigned or delegated by the Firm without the prior written consent of the Palmdale City Attorney. Delegation to attorneys outside the Firm will be limited to those situations in which the Firm is disqualified by virtue of a conflict of interest, or where the Firm does not possess the expertise to perform services in a particular practice area. The Firm will supervise delegated work, except where precluded from doing so by virtue of a conflict of interest, and where otherwise agreed to by the parties.

11. Conflict of Interest.

The Firm affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with the Firm.

12. Insurance.

a. The Firm shall obtain and maintain in full force and effect a professional liability insurance policy that provides coverage in an amount not less than $1,000,000 per occurrence. This insurance policy shall provide coverage to the City for any damages or losses suffered by City as a result of any error, omission, or neglect by the Firm that arises out of the professional services rendered under this Agreement. Such insurance may be subject to a self-insured retention or deductible to be borne entirely by the Firm.

b. The Firm will obtain and maintain workers' compensation insurance in accordance with Section 3700 of the California Labor Code.

c. The Firm will obtain and maintain in full force and effect comprehensive general liability insurance in an amount not less than $1,000,000 per occurrence with a $2,000,000 aggregate.

d. All insurance coverage specified above will provide for a minimum of thirty (30) days’ notice of cancellation by the insurance carrier, and will be maintained in full force and effect throughout the term of this Agreement.

13. Legal Files.

a. During the period that the Firm is actively working upon a matter, the files pertaining thereto will be maintained in its offices. After the Firm has concluded working upon a matter, the files may be transferred to an offsite storage facility, from which they can be retrieved upon reasonable notice. All original agreements, modification or deeds, easements or similar original documents should be forwarded to the Palmdale DRAFT

Legal Services Agreement
Agreement No. A-7802

City Clerk either as created or at the expiration of the fourth calendar year following the consummation or conclusion of each matter for which a file is opened. City may request copies of its client matter files at any time, including, without limitation, upon termination of the Firm's engagement. City agrees that upon delivery of any client matter files that it will pay the Firm for its costs incurred in photocopying such files.

b. If the firm is called upon to give testimony or produce documents in any legal or administrative proceeding which concerns City in any way, whether before or after the representation and rendition of legal services to City under this agreement terminates, City agrees to pay the Firm, at its then prevailing hourly rates, for its time in investigating, preparing for and in giving testimony and/or in producing documents and for all expense incurred in connection with doing so.

14. Entire Agreement

This Agreement will constitute the full and complete agreement and understanding of the parties and supersedes all prior agreements and all other written or oral statements of either party relating to its subject matter.

TO EFFECTUATE THIS AGREEMENT, the authorized representatives of the parties have caused this Agreement to be executed as of the dates indicated below.

CITY OF PALMDALE BURKE, WILLIAMS & SORENSEN, LLP

_______________________ _______________________
Steven D. Hofbauer John J. Welsh, Esq.

Mayor Managing Partner

Date:__________________ Date:__________________

Attest:

______________________
Shanae Smith
City Clerk

Approved as to form:

_______________________
Christopher Beck, Esq.

City Attorney

DRAFT

Legal Services Agreement
Agreement No. A-7802

EXHIBIT "A''

RATE SCHEDULE

A. Identification.

Client: City of Palmdale
Matter: Any matters assigned by the Palmdale City Attorney

B. Attorney Fees

Hourly Rates
Partners: $300.00 - $320.00
Associates: $225.00 - $265.00
Paralegals: $150.00

These rates shall automatically increase by three (3%) percent each new fiscal year, rounded up to the nearest $5.00, in order to offset rising costs.

C. Standard Charges.

Hourly rate will be billed in minimum units of one-tenth hours.

D. Costs and Expenses.

In-office photocopying $0.25/page
Mileage IRS prevailing mileage rates
Computerized Legal Research At vendor cost
Word Processing Varies
Postage At vendor cost
Courier and Air Freight Charges At vendor cost
Messenger Services At vendor cost
Title Report and/or Litigation Guarantee At vendor cost Notary At vendor cost
Court Photocopying At cost
Incoming or out-going Fax Charges No charge
Conference Call Charges AT&T standard rates or equal Travel Expenses At cost
Other reasonable costs At cost

E. Subject to Change.

The rates on this schedule are subject to change on thirty (30) days written notice and approval by the Palmdale City Attorney. If City declines to pay any increased rates, Firm will have the right to withdraw as Palmdale's counsel.

DRAFT
City Council Staff Report
DATE: MARCH 2, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY’S OFFICE
DISTRICT: ALL
SUBJECT: RESOLUTION NO. CC 20 22-026, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALMDALE REPEALIN G AND

RESTATING THE CONFLICT-OF-INTEREST CODE OF THE CITY OF

PALMDALE
ISSUE
Adopt Resolution No. CC 2022-026, a Resolution of the City Council of the City of Palmdale Repealing and Restating the Conflict-of-Interest Code of the City of Palmdale.

RECOMMENDATION
Staff recommends that the City Council:

1. Adopt Resolution No. CC 2022 -026, a Resolution of the City Council of the City of Palmdale Repealing and Restating the Conflict -of-Interest Code of the City of Palmdale.

BACKGROUND
The Political Reform Act of 1974 (California Government Code Section 81000, et seq.), requires the City of Palmdale to adopt a conflict-of-interest code. The Fair Political Practices Commission (FPPC) has adopted a resolution (2 California Code of Resolutions Section 18730) that contains the terms of a standard conflict-of-interest code, which can be incorporated by reference in an agency’s code.

In 2021, the City of Palmdale adopted its conflict-of-interest code through Resolution No. CC 2021-066, incorporating the terms of 2 California Code of Regulations Section 18730 by reference along with an appendix setting out which employees, members, and consultants are designated to which disclosure categories.

DISCUSSION
In accordance with California Government Code Section 87306.5 , City Staff has reviewed the current conflict -of-interest code and determined that it is out of date and requires amendment. Notably, because of personnel changes made during the last calendar year , the conflict-of-interest code requires amendment to address new Report to Mayor and City Council
Re: Resolution No. CC 2022-026
March 2, 2022

positions that are required to be designated, revise the titles of existing positions, and delete certain positions that have been abolished.

The proposed resolution (Resolution No. CC 2022-026) addresses these necessary changes and would repeal and replace the current conflict-of-interest code, adopted by Resolution No. CC 2021-066, in its entirety.

Accordingly, Staff recommends approval of Resolution No. CC 2022-026.

FISCAL IMPACT
There is no fiscal impact associated with this action.

STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.

C. Involve and expand engagement to enhance public oversight and transparency.

Prepared by: Andrew S. Pletcher, Deputy City Attorney
Certified as to availability of Funds: Keith Kang, Finance Manager Approved by: Ronda Perez, Acting City Manager
Approved as to form: Christopher Beck, City Attorney

ATTACHMENTS

1. Proposed Resolution No. CC 2022-026, a Resolution of the City Council of the City of Palmdale Repealing and Restating the Conflict-of-Interest Code of the City of Palmdale

CITY OF PALMDALE

COUNTY OF LOS ANGELES, CALIFORNIA
RESOLUTION NO. CC 2022-026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE

REPEALING AND RESTATING THE CONFLICT-OF-INTEREST CODE OF THE

CITY OF PALMDALE

WHEREAS, the City of Palmdale has adopted a conflict-of-interest code as required by the Political Ref orm Act of 1974, California Government Code Section 81000, et. seq.; and

WHEREAS, California Government Code Section 87306.5 requires every local government agency to review its conflict-of-interest code biennially, in even -numbered years, and to make amendments when necessitated by changed circumstances; and

WHEREAS, The City of Palmdale has reviewed its conflict-of-interest code and determined that it requires amendment; and

WHEREAS, The Cit y of Palmdale desires to amend its conflict of interest code by replacing its current conflict of interest code, adopted by Resolution CC 2021-066.

NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF

PALMDALE DOES HEREBY FIND, DETERMINE, RESOL VE AND ORDER AS FOLLOWS:

SECTION 1. Resolution CC 2021-066 is repealed in its entirety.

SECTION 2 . The Fair Political Practices Commission has adopted a Model Conflict of Interest Code (“Model Code”). The Model Code, codified at 2 California Code of Regulations Section 18730, can be incorporated by reference by the City as its conflict-of-interest code. That Model Code will be amended by the Fair Political Practices Commission from time to time to conform to amendments to the Political Reform Act.

SECTION 3 . The Model Code, attach ed hereto as Exhibit “A” and any amendments to it duly adopted by the Fair Political Practices Commission, and Appendices A-G are hereby incorporated by reference and shall constitute the Conflict- of-Interest Code for the City for the following departments:

A. City Attorney
B. City Manager
C. Economic & Community Development
Resolution No. CC 2022-026

D. Neighborhood Services
E. Public Works
F. Parks & Recreation
G. Consultants
SECTION 4 . Persons holding designated positions listed in the Appendices shall file Statements of Economic Interes t pursuant to Section 5 of the Conflict-of- Interest Code with the information required for the disclosure categories assigned to them.

SECTION 5. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED and ADOPTED this 2nd day of March, 2022.

_________________________________
Steven D. Hofbauer, Mayor

APPROVED AS TO FORM: ATTEST:

___________________________ _________________________________ Christopher L. Beck Shanae S. Smith, City Clerk
City Attorney

I, Shanae S. Smith, Ci ty Clerk of Palmdale, California, do he reby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 2nd day of March, 2022 by the following roll call vote:

AYES:

NOES:___________________________________________________________

ABSTAIN:______________________ABSENT:___________________________

Date:

Shanae S. Smith, City Clerk
Exhibit A
2 Cal. Code of Regulations Section 18730
As of February 24, 2022
1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.
2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.

This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's 3 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.

The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April

1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.
4 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
5 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.

When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following:

1. A statement of the nature of the investment or interest; 6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;
7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520. 8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from 9 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.

This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 10 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
11 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.

Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
12 (9) Section 9. Disqualification.

No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made. 13 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.
14 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.

However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
15 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.

HISTORY

1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).

Certificate of Compliance included.

2. Editorial correction (Register 80, No. 29).

3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).

4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).

5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).

6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).

7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).

8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).
16 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).

10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).

11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.

12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).

13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).

14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).

15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).

16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).

17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).

19. Editorial correction of subsection (a) (Register 98, No. 47).

20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).

21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).

22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).

23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).

24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, 18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).

25. Editorial correction of History 24 (Register 2003, No. 12).

26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).

27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).

28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).

29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.

Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).

30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).

31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of 19 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).

32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2).

33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.

Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.

Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).

34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, 20 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).

35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).

36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).

37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 21 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).

APPENDIX A

CITY ATTORNEY
Designated Position Disclosure Categories
City Attorney 5
Assistant City Attorney 1, 2, 3, 4
Deputy City Attorney 1, 2, 3, 4
Paralegal 1, 2, 3, 4

CITY ATTORNEY DEPARTMENT

DISCLOSURE CATEGORIES

1. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B).

2. Reportable income and business positions. (FPPC Form 700, Schedules C and D).

3. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2).

4. Reportable gifts and travel gifts. (FPPC Form 700, Schedules E and F).

5. No disclosure is required by this Conflict of Interest Code. Disclosure is required by Government Code Section 87200.

APPENDIX B

CITY MANAGER
Designated Position Disclosure Categories
City Manager 5
Assistant City Manager 1, 2, 3, 4
Deputy City Manager 1, 2, 3, 4
Assistant to the City Manager 1, 2, 3, 4
Management Analyst I/II 1, 2, 3, 4
Executive Assistant 1, 2, 3, 4
City Council Legislative Aide 1, 2, 3, 4
Community Programs Coordinator 1, 18, 19, 20 SAVES Coordinator 1, 27, 28, 29
Communications
Communications Manager / Public Information Officer 1, 6, 7, 8 Deputy Public Information Officer 1, 6, 7, 8
Media Production Specialist 1, 6, 7, 8
Marketing & Digital Specialist 1, 6, 7, 8
Digital Media Specialist 1, 6, 7, 8, 30, 31, 32 Human Resources
Human Resources Manager 1, 9, 10, 11
Senior Human Resources Analyst 1, 9, 10, 11
Human Resources Analyst 1, 9, 10, 11
Human Resources Specialist 1, 9, 10, 11
Diversity, Equity, & Inclusion Specialist 1, 9, 10, 11 Human Rights Advisory Committee Member 1, 2, 3, 4 City Clerk
City Clerk 1, 12, 13, 14
Deputy City Clerk 1, 12, 13, 14
Advisory Redistricting Commission Member 1, 2, 3, 4 Finance
Director of Finance 5
Finance Manager 5
Deputy City Treasurer / Assistant Finance Manager 1, 21, 22, 23, 24, 25, 26 Purchasing/Risk Manager 1, 21, 22, 23, 24, 25, 26 Senior Account Clerk 1, 21, 22, 23, 24, 25, 26
Senior Financial Analyst 1, 21, 22, 23, 24, 25, 26 Senior Buyer 1, 21, 22, 23, 24, 25, 26
Budget Officer 1, 21, 22, 23, 24, 25, 26
Financial Analyst 1, 21, 22, 23, 24, 25, 26
Energy Resources Manager 1, 33, 34, 35
Financial Technician 1, 21, 22, 23, 24, 25, 26
Buyer 1, 24, 25, 26
Business License Coordinator 1, 15, 16, 17
Audit Committee Member 1, 2, 3, 4
Measure AV Oversight Committee Member 1, 2, 3, 4 IT
IT Manager 1, 2, 3, 4
IT Analyst 1, 30, 31, 32
IT Specialist 1, 30, 31, 32
IT Tech I/II 1, 30, 31, 32
GIS Coordinator 1, 30, 31, 32
GIS Analyst 1, 30, 31, 32

CITY MANAGER

DISCLOSURE CATEGORIES

1. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B).

2. Reportable income and business positions. (FPPC Form 700, Schedules C and D).

3. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2).

4. Reportable gifts and travel gifts. (FPPC Form 700, Schedules E and F).

5. No disclosure is required by this Conflict of Interest Code. Disclosure is required by Government Code Section 87200.

6. Reportable income from any persons or business entities that provide, plan to provide, or that have provided within two years from the time a statement is required under this Conflict of Interest Code, services, supplies, materials or equipment of the type utilized by the Communications Department.

7. Reportable investments in any business entities that provide, plan to provide or have provided within two years from the time a statement is required under this Conflict of Interest Code, services, supplies, materials or equipment of the type utilized by the Communications Department.

8. Reportable business positions in any business entities that provide, plan to provide, or that have provided within two years from the time a statement is required under this Conflict of Interest Code, services, supplies, materials or equipment of the type utilized by the Communications Department.

9. Reportable income from any persons or business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Human Resources Department.

10.Reportable investments in any business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Human Resources Department.

11.Reportable business positions in any business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Human Resources Department.

12.Reportable income from persons or business entities that provide, plan to provide, or that have provided within two years from the time a statement is required under this Conflict of Interest Code, services, supplies, materials or equipment of the type utilized by the City Clerk’s Office.

13.Reportable investments in business entities that provide, plan to provide or have provided within two years from the time a statement is required under this Conflict of Interest Code, services, supplies, materials or equipment of the type utilized by the City Clerk’s Office.

14.Reportable business positions in business entities that provide, plan to provide, or that have provided within two years from the time a statement is required under this Conflict of Interest Code, services, supplies, materials or equipment of the type utilized by the City Clerk’s Office.

15.Reportable income from any persons or business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Business License Coordinator.

16.Reportable investments in business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Business License Coordinator.

17.Reportable business positions in business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Business License Coordinator.

18.Reportable income from any persons or business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Community Programs Coordinator.

19.Reportable investments in business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Community Programs Coordinator.

20.Reportable business positions in business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Community Programs Coordinator.

21.Reportable income from any financial institution in which the City or the Successor Agency to the Community Redevelopment Agency deposits funds, plans to deposit funds, or has deposited funds within two years prior to the time any statement is required under this Conflict of Interest Code.

22.Reportable investments in any financial institution in which the City or the Successor Agency to the Community Redevelopment Agency deposits funds, plans to deposit funds, or has deposited funds within two years prior to the time a statement is required under this Conflict of Interest Code.

23.Reportable business positions in any financial institution in which the City or the Successor Agency to the Community Redevelopment Agency deposits funds, plans to deposit funds or has deposited funds within two years prior to the time a statement is required under this Conflict of Interest Code.

24.Reportable income from any persons or business entities from which the City or the Successor Agency to the Community Redevelopment Agency purchases, plans to purchase or has purchased within two years prior to the time a statement is required under this Conflict of Interest Code, supplies, materials, or services.

25.Reportable investments in any business entities from which the City or the Successor Agency to the Community Redevelopment Agency purchases, plans to purchase or has purchased within two years prior to the time a statement is required under this Conflict of Interest Code, supplies, materials, or services.

26.Reportable business positions in any business entities from which the City or the Successor Agency to the Community Redevelopment Agency purchases, plans to purchase or has purchased within two years prior to the time a statement is required under this Conflict of Interest Code, supplies, materials, or services.

27.Reportable income from any persons or business entities that provide, plan to provide, or that have provided within two years from the time a statement is required under this Conflict of Interest Code, services, supplies, materials or equipment of the type utilized by the SAVES program.

28.Reportable investments in any business entities that provide, plan to provide or have provided within two years from the time a statement is required under this Conflict of Interest Code, services, supplies, materials or equipment of the type utilized by the SAVES Program.

29.Reportable business positions in any business entities that provide, plan to provide, or that have provided within two years from the time a statement is required under this Conflict of Interest Code, services, supplies, materials or equipment of the type utilized by the SAVES program.

30.Reportable income from persons or business entities that provide, plan to provide, or that have provided within two years from the time a statement is required under this Conflict of Interest Code, services, supplies, materials or equipment of the type utilized by the Information Technology (IT) Division.

31.Reportable investments in business entities that provide, plan to provide or have provided within two years from the time a statement is required under this Conflict of Interest Code, services, supplies, materials or equipment of the type utilized by the Information Technology (IT) Division.

32.Reportable business positions in business entities that provide, plan to provide, or that have provided within two years from the time a statement is required under this Conflict of Interest Code, services, supplies, materials or equipment of the type utilized by the Information Technology (IT) Division.

33.Reportable income from any persons or business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Energy Resources Manager.

34.Reportable investments in business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Energy Resources Manager.

35.Reportable business positions in business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Energy Resources Manager.

APPENDIX C

ECONOMIC & COMMUNITY DEVELOPMENT
Designated Position Disclosure Categories
Director of Economic & Community Development 1, 2, 3, 4 Deputy Director of Economic & Community Development 1, 2, 3, 4 Building & Safety
Building Official 1, 5, 6, 7
Supervising Building Inspector 1, 8, 9, 10
Senior Building Inspector 1, 8, 9, 10
Building Inspector 1, 8, 9, 10
Supervising Community Development Technician 1, 11, 12, 13 Senior Community Development Technician 1, 11, 12, 13 Management Aide 1, 23, 24, 25
Community Development Technician 1, 11, 12, 13
Plan Reviewer 1, 14, 15, 16
Plan Reviewer Aide 1, 14, 15, 16
Economic Development
Economic Development Manager 1, 2, 3, 4
Economic Development Coordinator 1, 20, 21, 22
Sr. Administrative Assistant 1, 20, 21, 22
Management Analyst I/II 1, 2, 3, 4
Planning
Planning Manager 1, 2, 3, 4
Principal Planner 1, 17, 18, 19
Senior Planner 1, 17, 18, 19
Assistant Planner 1, 17, 18, 19 Associate Planner 1, 17, 18, 19
Planning Commissioner 26
General Plan Advisory Committee (GPAC) Member 1, 2, 3, 4

ECONOMIC & COMMUNITY DEVELOPMENT

DISCLOSURE CATEGORIES

1. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B).

2. Reportable income and business positions. (FPPC Form 700, Schedules C and D).

3. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2).

4. Reportable gifts and travel gifts. (FPPC Form 700, Schedules E and F).

5. Reportable income from persons and business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, review or approval of the Building and Safety Division.

6. Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, approval or review of the Building and Safety Division.

7. Reportable business positions in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, review or approval of the Building and Safety Division.

8. Reportable income from persons and business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, review or approval of the Building Inspector.

9. Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, approval or review of the Building Inspector.

10. Reportable business positions in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, review or approval of the Building Inspector.

11. Reportable income from persons and business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, review or approval of the Technician.

12. Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, approval or review of the Technician.

13. Reportable business positions in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, review or approval of the Technician.

14. Reportable income from persons and business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, review or approval of the Plan Reviewer.

15. Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, approval or review of the Plan Reviewer.

16. Reportable business positions in any business entities having an interest in real properly in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, review or approval of the Plan Reviewer.

17. Reportable income from persons and business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the review or approval of the Planning Division.

18. Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the approval or review of the Planning Division.

19. Reportable business positions in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the approval or review of the Planning Division.

20. Reportable income from persons and business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, review or approval of the Economic Development Division.

21. Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, approval or review of the Economic Development Division.

22. Reportable business positions in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, review or approval of the Economic Development Division.

23. Reportable income from persons and business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, review or approval of the Building and Safety Division.

24. Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, approval or review of the Building and Safety Division.

25. Reportable business positions in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, review or approval of the Building and Safety Division.

26. No disclosure is required by this Conflict of Interest Code. Disclosure is required by Government Code Section 87200.

APPENDIX D

NEIGHBORHOOD SERVICES
Designated Position Disclosure Categories
Director of Neighborhood Services 1, 2, 3, 4
Housing
Housing Manager 1, 5, 6, 7
Senior Housing Coordinator 1, 5, 6, 7
Housing Coordinator 1, 5, 6, 7
Housing Technician 1, 5, 6, 7
Community Compliance
Community Compliance Manager 1, 8, 9, 10
Community Compliance Coordinator 1, 8, 9, 10
Community Compliance Specialist 1, 8, 9, 10
Community Service Officer 1, 8, 9, 10
Community Compliance Aide 1, 8, 9, 10
Code Enforcement Officer I/II/Sr. 1, 8, 9, 10
Supervising Public Security Officer 1, 8, 9, 10
Neighborhood Compliance Officer 1, 8, 9, 10
Emergency Services
Emergency Services Administrator 1, 11, 12, 13
Public Safety
Public Safety Supervisor 1, 5, 6, 7
Public Safety Specialist 1, 5, 6, 7

NEIGHBORHOOD SERVICES

DISCLOSURE CATEGORIES

1. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B).

2. Reportable income and business positions. (FPPC Form 700, Schedules C and D).

3. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2).

4. Reportable gifts and travel gifts. (FPPC Form 700, Schedules E and F).

5. Reportable income from persons and business entities involved in the construction or renovation of housing, that have an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, supplies or services subject to the review or approval of the City of Palmdale.

6. Reportable investments in any business entities involved in the construction or renovation of housing, that have an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, supplies or services subject to the approval or review of the City of Palmdale.

7. Reportable business positions in any business entities involved in the construction or renovation of housing, that have an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, supplies or services subject to the approval or review of the City of Palmdale.

8. Reportable income from persons and business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, review or approval of the Neighborhood Services Department.

9. Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, approval or review of the Neighborhood Services Department.

10. Reportable business positions in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, review or approval of the Neighborhood Services Department.

11. Reportable income from persons and business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Emergency Services Administrator.

12. Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Emergency Services Administrator.

13. Reportable business positions in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Emergency Services Administrator.

APPENDIX E

PUBLIC WORKS
Designated Position Disclosure Categories
Director of Public Works 1, 2, 3, 4
Deputy Director of Public Woks 1, 2, 3, 4
Environmental & Technology Manager 1, 5, 6, 7
Management Analyst I/II 1, 2, 3, 4
Environmental Resources Manager 1, 5, 6, 7
Capital Improvements
Capital Improvement Program Manager 1, 5, 6, 7
Senior Civil Engineer 1, 5, 6, 7
Public Works Project Manager 1, 5, 6, 7
Engineering
City Engineer 1, 8, 9, 10
Senior Civil Engineer 1, 8, 9, 10
Transportation/Strategic Initiatives Manger 1, 5, 6, 7 Supervising Public Works Inspector 1, 8, 9, 10
Senior Public Works Inspector 1, 8, 9, 10
Public Works Inspector 1, 8, 9, 10
Associate Engineer 1, 8, 9, 10
Traffic Engineer 1, 8, 9, 10
Senior Community Development Technician 1, 8, 9, 10
Maintenance
Urban Grounds and Green Spaces Superintendent 1, 5, 6, 7 Collection System Superintendent 1, 5, 6, 7
Community Development Technician 1, 11, 12, 13
Environmental Compliance Inspector 1, 8, 9, 10
Maintenance Services Manager 1, 5, 6, 7
Street Superintendent 1, 5, 6, 7
Senior Management Analyst 1, 5, 6, 7
Fleet Supervisor 1, 5, 6, 7
Facilities Superintendent 1, 5, 6, 7
Landscape Superintendent 1, 5, 6, 7
Park Superintendent 1, 5, 6, 7
Senior Maintenance Specialist 1, 5, 6, 7
Landscape Inspector 1, 8, 9, 10
Management Analyst I/II 1, 2, 3, 4

PUBLIC WORKS

DISCLOSURE CATEGORIES

1. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B).

2. Reportable income and business positions. (FPPC Form 700, Schedules C and D).

3. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2).

4. Reportable gifts and travel gifts. (FPPC Form 700, Schedules E and F).

5. Reportable income from persons or business entities that provide, plan to provide, or that have provided within two years from the time a statement is required under this Conflict of Interest Code, services, supplies, materials or equipment of the type utilized by the Public Works Department.

6. Reportable investments in business entities that provide, plan to provide or have provided within two years from the time a statement is required under this Conflict of Interest Code, services, supplies, materials or equipment of the type utilized by the Public Works Department.

7. Reportable business positions in business entities that provide, plan to provide, or that have provided within two years from the time a statement is required under this Conflict of Interest Code, services, supplies, materials or equipment of the type utilized by the Public Works Department.

8. Reportable income from persons and business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, review or approval of the Public Works Department.

9. Reportable investments in any business entities having an interest in real properly in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, approval or review of the Public Works Department.

10. Reportable business positions in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, review or approval of the Public Works Department.

11. Reportable income from persons and business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, review or approval of the Technician.

12. Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, approval or review of the Technician.

13. Reportable business positions in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services within the jurisdiction subject to the inspection, review or approval of the Technician.

APPENDIX F

PARKS & RECREATION
Designated Position Disclosure Categories
Director of Parks & Recreation 1, 2, 3, 4
Deputy Director of Parks & Recreation 1, 2, 3, 4
Recreation Manager 1, 2, 3, 4
Recreation Supervisor 1, 2, 3, 4
Recreation Coordinator 1, 2, 3, 4
Public Art Coordinator 1, 2, 3, 4
Theater Operations Coordinator 1, 2, 3, 4
Management Analyst I/II 1, 2, 3, 4
Public Art Commissioner 1, 2, 3, 4
Water Park Supervisor 1, 5, 6, 7

PARKS & RECREATION

DISCLOSURE CATEGORIES

1. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B).

2. Reportable income from any persons or business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of Parks & Recreation.

3. Reportable investments in business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of Parks & Recreation.

4. Reportable business positions in business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of Parks & Recreation.

5. Reportable income from persons or business entities that provide, plan to provide, or that have provided within two years from the time a statement is required under this Conflict of Interest Code, services, supplies, materials or equipment of the type utilized by the water park.

6. Reportable investments in business entities that provide, plan to provide or have provided within two years from the time a statement is required under this Conflict of Interest Code, services, supplies, materials or equipment of the type utilized by the water park.

7. Reportable business positions in business entities that provide, plan to provide, or that have provided within two years from the time a statement is required under this Conflict of Interest Code, services, supplies, materials or equipment of the type utilized by the water park.

APPENDIX G

CONSULTANTS
Designated Position Disclosure Categories
Consultant Serving in a Staff Capacity 1
Consultant Not Serving in a Staff Capacity 2

CONSULTANTS

DISCLOSURE CATEGORIES

1. For consultants who serve in a staff capacity with the City, the consultant shall disclose based on the disclosure categories assigned elsewhere in this code of that staff position.

2. For consultants who do not serve in a staff capacity for the City, the following disclosure categories shall be used:

Persons required to disclose in this category shall disclose pursuant to categories A, B, C and D below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in categories A, B, C and D. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

A. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B.)
B. Reportable income and business positions. (FPPC Form 700, Schedules C and D).

C. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2.) D. Reportable gifts and travel gifts. (FPPC Form 700, Schedules E and F) City Council Staff Report
DATE: MARCH 2, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT

CAPITAL IMPROVEMENT PROGRAM DIVISION
DISTRICT: 4
SUBJECT: AWARD CONSTRUCTION AGREEMENT WITH MUSCO SPORTS LIGHTING, LLC., FOR PN 844, DOMENIC MASSARI NEW LED

BASEBALL FIELD LIGHTING , IN AN AMOUNT NOT TO EXCEED
$723,183, FOR A TERM OF 6 MONTHS FROM THE DATE OF
NOTICE TO PROCEED.

ISSUE
Award Construction Agreement with MUSCO Sports Lighting , LLC. , for PN 844, Domenic Massari New LED Baseball Field Lighting , in an amount not to exceed $723,183, for a term of 6 months from the date of Notice to Proceed.

RECOMMENDATION
Staff recommends that the City Council:

1. Award Construction Agreement with MUSCO Sports Lighting, LLC., for PN 844, Domenic Massari New LED Baseball Field Lighting project, in an amount not to exceed $723,183, for a term of 6 months from the date of Notice to Proceed , Agreement No. A-7807; and

2. Approve a supplemental appropriation of $314,010 from Account P0109157 (Little League Sports Field Improvement Project) into Account P0111157 (Sports Field LED Light Retrofit); and

3. Authorize the Acting City Manager or designee to executeAgreement No. A-7807 with MUSCO Sports Lighting , LLC ., including minimal and/or non -substantive changes.

BACKGROUND
Project No. 844, Domenic Massari New LED Baseball Field Lighting project, provides for the installation of eleven (11) LED light-structure systems at the two north baseball fields that are currently unlit. All light-structure systems will include total light control – TLC for LED technology, and include pre -cast concrete bases, steel poles, remote electrical component enclosures, wire harnesses, and factory aimed and assembled Report to Mayor and City Council
Award of PN 844, Agreement No. A-7807
March 2, 2022

luminaires. All work will be performed within baseball fields 1 and 3 at Domenic Massari Park, which includes four (4) new light poles at baseball field 1 and seven (7) new light poles at baseball field 3. It is anticipated that construction will take approximately 6 months from the date the City issues the Notice to Proceed. Work is anticipated to take place between April 2022 and September 2022.

DISCUSSION
In 2000, the City Council approved Resolution No. CC 2000-151 which authorized the use of MUSCO Sports Lighting, LLC as a sole source provider for the City of Palmdale.

FISCAL IMPACT
The project is funded through Measure AV Funds (157), $500,000 is allocated in Account No. P0111157. Funds from Account No. P0109157 (Little League Sports Field Improvement Project) in the amount of $314,010 will be transferred into Account No.

P0111157 to cover the estimated shortfall. The fiscal impact and remaining account balance can be seen in the following table:

SCOPE OF WORK COST
Agreement No. A-7807 $723,183
Construction Contingency (10%) $72,327
Administration and Inspection $10,000
Labor Compliance $8,500
Total Cost: $814,010
Account Number Starting Balance Remaining Balance
P0111 $500,000 $0
P0109 $1,000,000 $685,990

STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.

A. Seek innovative, cost effective, customer focused methods of service delivery.

C. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programming that promotes active fun for everyone.

Prepared by: Chuck Heffernan, P.E., Director of Public Works Certified as to availability of Funds: Keith Kang, Finance Manager Approved by: Ronda Perez, Acting City Manager
Approved as to form: Christopher Beck, City Attorney
City Council Staff Report
DATE: MARCH 2, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT

MAINTENANCE DIVISION
DISTRICT: All
SUBJECT: ACCEPT GRANT FUNDING FROM AVAQMD IN THE AMOUNT OF $203,500.00; AUTHORIZE APPROPRIATION OF GRANT FUNDS
AND $135,750.28 FROM FLEET MAINTENANCE
UNAPPROPRIATED FUND BALANCE; APPROVE PURCHASE
ORDER NO. 20220393 WITH TERRY EQUIPMENT, INC. FOR A NEW

STREET SWEEPER WITH UPGRADED CLEAN DIESEL ENGINE
TECHNOLOGY IN AN AMOUNT NOT TO EXCEED $339,250.28
ISSUE
Accept grant funding from AVAQMD in the amount of $203,500.00; authorize appropriation of grant funds and $135,750.28 from Fleet Maintenance unappropriated fund balance; approve Purchase Order No. 20220393 with Terry Equipment, Inc. for a new street sweeper with upgraded clean diesel engine technology in an amount no t to exceed $339,250.28.

RECOMMENDATION
Staff recommends that the City Council:

1. Accept grant funding from AVAQMD in the amount of $203,500, Agreement No.

A-7794; and

2. Approve a supplemental appropriation of $135,750.28 from Fleet Maintenance Fund unappropriated fund balance to Account 15433006-774400; and

3. Approve Purchase Order 20220393 with Terry Equipment Inc. in an amount not to exceed $339,250.28.

4. Authorize the Acting City Manager or designee to execute Agreement No. A-7794 with AVAQMD, including minimal and/or non-substantive changes.

Report to Mayor and City Council
Re: Acceptance of AVAQMD Grant Funding, Authorization of Funds, and Approval of Purchase Order No. 20220393 for Upgraded, Clean Diesel Street Sweeper March 2, 2022

BACKGROUND
The City’s current street sweeper is a 2006 model. Due to its age and excessive years of service, it requires constant and costly repairs, with parts often being difficult, or nearly impossible, to find. In addition, the street sweeper’s exhaust emissions will eventually be non-compliant with the State of California, which means it will be unable to be used on California highways due to the California Air Resource Board (CARB) regulations. Without a street sweeper, City staff will not have adequate means of cleaning unsafe debris from storms, traffic accidents, vehicles, etc. from the roadway.

During the FY 2021 Mid-Year Budget process, a new, replacement street sweeper was requested and approved contingent upon finding alternate funding sources. Therefore, the City sought grant support from AVAQMD.

DISCUSSION
Replacing the current street sweeping vehicle, with an upgraded model, reduces emissions throughout the City of Palmdale neighborhoods where residents are exposed to mobile source emissions.

The City of Palmdale applied to AVAQMD requesting grant funds to assist in the costs of replacing the older 2006 diesel street sweeper with a 2021 street sweeper with newer, cleaner diesel engine technology. The City’s street sweeping operations are currently carried out partially between the City of Palmdale and an outside subcontractor. For a cost-effective replacement, the City will retire and scrap the 2006 diesel street sweeper along with an out of service 2001 diesel striping truck, in exchange for grant funds assisting with the new street sweeper purchase.

To receive the best available pricing on the new sweeper, the City is utilizing cooperative pricing through Sourcewell Contract No. 093021-GED. The new M4 Mechanical Street Sweeper with upgraded, clean diesel engine technology will be purchased from Terry Equipment, Inc. which is an authorized distributor for Global Environmental Products, Inc.

FISCAL IMPACT
A portion of this purchase is funded through AVAQMD grant funds in the amount of $203,500.00. There is a shortfall of $135,750.28 which will be transferred from unappropriated Fleet Maintenance balance and transferred to Account 15433006- 774400.

Grant Funded City Funded Total Amount
$203,500.00 $135,750.28 $339,250.28
Report to Mayor and City Council
Re: Acceptance of AVAQMD Grant Funding, Authorization of Funds, and Approval of Purchase Order No. 20220393 for Upgraded, Clean Diesel Street Sweeper March 2, 2022

STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.

A. Manage resources, costs, and liabilities to ensure the City’s long-term fiscal health.

D. Pursue alternative financing opportunities for continued infrastructure improvements and quality community programs.

Goal III: Invest in infrastructure to improve community livability.

A. Seek innovative, cost effective, customer focused methods of service delivery.

B. Implement and administer environmentally sustainable programs.

Prepared by: Chuck Heffernan, Director of Public Works
Certified as to availability of Funds: Keith Kang, Finance Manager Approved by: Ronda Perez, Acting City Manager
Approved as to form: Christopher Beck, City Attorney

ATTACHMENTS

1. Agreement No. A-7794 AVAQMD AV0122#7

2. Agreement No. A-7794 AVAQMD AV0122#7 Exhibit A Scope of Work

3. Sourcewell Contract No. 093021-GEP

4. Terry Equipment, Inc. Quote – GEP M4 Diesel Street Sweeper

5. Purchase Order No. 20220393 Terry Equipment, Inc.

Agreement No. A-7794

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GRANT AGREEMENT BETWEEN CITY OF PALMDALE AND

ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT
This Agreement AV0122#7 is made this 2 nd day of March, 2022 between the Antelope Valley Air Quality Management District (hereinafter “AVAQMD”) and City of Palmdale (hereinafter “Grantee”), Grantee and AVAQMD are hereafter collectively referred to as "the Parties".

WITNESSETH:

WHEREAS, the AVAQMD established the AB 2766 Mobile Source Emission Reductions Program pursuant to the authority granted by H & S Code §44220 et. seq. (AB 2766 Statutes of 1990); and
WHEREAS, pursuant to H & S Code §44229, the four dollars ($4) surcharge can be used to carry out related planning, monitoring, enforcement, and technical studies necessary for implementation of the California Clean Air Act of 1988; and
WHEREAS, Grantee applied for grant funding to replace an older diesel street sweeper and replace with a newer, street sweeper with cleaner diesel engine technology; and WHEREAS, for the purpose of a cost-effective project and increased grant award, Grantee proposes to scrap the existing street sweeper including an older diesel striping truck; and WHEREAS, Grantee is a public entity that implements street maintenance programs throughout its jurisdiction; and
WHEREAS, District staff reviews applications for eligible projects for the purpose of making funding recommendations to the Governing Board of the District; and WHEREAS, the AVAQMD Governing Board approved the project which was proposed by Grantee; and
WHEREAS, Grantee is qualified and experienced in its professional field and is able to perform the activities described in the application submitted by Grantee and Scope of Work hereafter referred to as Scope of Work and/or “Exhibit A” attached hereto and incorporated herein.

NOW THEREFORE, in consideration of mutual covenants and conditions listed below, the Parties agree as follows:
//
Agreement No. A-7794

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GRANT TERMS AND CONDITIONS

1. Due Diligence: Upon the commencement of the term of this Agreement, Grantee agrees to proceed with due diligence to perform as described in Exhibit A.

2. Purpose: The purpose of this Agreement is for Grantee to utilize the funds toward the costs associated with purchasing one (1) newer, street sweeper with cleaner diesel engine technology. The new vehicle shall be operated and maintained in a manner such that it does not void any warranty. The new vehicle shall be operated a minimum of 70% of the annual mileage each year as provided in the project application. Grantee certifies compliance with all applicable federal, state, and local air quality rules and regulations at time of contract execution and shall maintain compliance with such rules and regulations for the full contract term. In the event that Grantee is unable to satisfy the required usage each year for a five (5) year project life for the new vehicle, Grantee may submit a written request to the District for an extension. If the grant funded vehicle specified in Exhibit A is sold before the end of the five (5) year project life, Grantee will be subject to repayment as listed in Section 5(c)(ii) of this Agreement. This Project complies with the Mobile Source Emissions Reduction Program criteria and will meet all program requirements for the full contract term.

3. Schedule: Grantee shall follow the general schedule specified in Exhibit A.

4. Term: This Agreement shall commence on March 2, 2022 and shall terminate five (5) years following completion of receiving the new vehicle as specified in Exhibit A or later date if approved in writing by the AVAQMD. The term of this Agreement is the full project life used to determine the cost- effectiveness of the Project. During the project life, either the AVAQMD or CARB or their designee have the authority to inspect the Project, enforce the terms of this Agreement, conduct a fiscal audit, and seek any remedies available under the law for non-compliance with the terms and conditions of this Agreement. No work on this Project may begin until the grant Agreement is signed and dated by both the grantee and the AVAQMD.

5. Project Cost: The total payment to Grantee as described in Exhibit A represents a percentage of cost, which is the incremental cost of the replacement vehicle including tax and shipping, used to off-set the cost of replacement vehicle. For the purposes of this Agreement, “incremental cost” is defined as the cost of the Project, replacing older existing vehicle (baseline) with newer, cleaner replacement Agreement No. A-7794

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vehicle, less a baseline cost that would otherwise be incurred by the Grantee in the normal course of business. Grantee shall obtain through other sources sufficient additional monies to fund the total cost of the Project as outlined in the Scope of Work. In the Project’s grant application, Grantee has disclosed all other sources of funding to be applied towards this project. Grantee shall include this Grant funded Project in its fleet size, and shall certify and maintain compliance with all applicable rules. Grantee shall not use this project to generate credits or compliance extensions, which must be excluded when determining regulatory compliance. Additionally, upon execution of this Agreement, Grantee shall not apply for or receive other grants or public funds pertaining to the same specific vehicle/engine except for federal funding or funding provided by the Alternative and Renewable Fuel and Vehicle Technology Program to reduce greenhouse gas emissions (GHG). Grantee shall provide written evidence of commitment for such funding to AVAQMD and AVAQMD may not release any funds under this Agreement until it finds such evidence satisfactory.
a. Payments.
i. AVAQMD shall not make any advance payment under this Agreement and all payments to Grantee by AVAQMD as provided herein shall be paid out upon receipt of a final itemized invoice along with all documentation as specified in the Exhibit A. Claims for payment must be submitted to AVAQMD, Attention: Julie McKeehan. ii. The amount to be paid to Grantee under this Agreement as specific in Exhibit A shall include all sales and use taxes incurred pursuant to this Agreement, including but not limited to any taxes due on vehicle purchased by Grantee. Grantee shall not receive additional funds for payment of such taxes and shall not decrease work to compensate therefore.
iii. In the event there are any subcontractors, concurrently with the submission of any claim for payment, Grantee shall certify that complete payment has been made to any and all subcontractors. Grantee shall support such certification by appropriate copies of invoices issued, checks, receipts, and similar documents. b. Close-out Period.
i. All final claims shall be submitted by Grantee within sixty (60) days following Agreement No. A-7794

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project completion for which payment is claimed. AVAQMD will have no obligation to pay or take any action on claims submitted after the 60-day close-out period. c. Repayment of Grant.
i. Grantee agrees to repay AVAQMD if any of the following occur:

1. Grantee’s annual usage of the new vehicle falls below 70% of the average usage as provided in project application. 75% of the minimum usage must occur within the State of California for each year of the Agreement term as per Exhibit A. Grantee may request to extend the term of this Agreement (precluding overlap with an applicable rule implementation requirement) pursuant to the conditions listed in paragraphs (5)(c)(iii)(1)-(4) below; or

2. The new vehicle specified in Exhibit A is sold and the buyer fails to accept and perform the obligations of this Agreement for the remaining project lifetime as set forth in Exhibit A; or

3. The new vehicle specified in Exhibit A are destroyed or otherwise rendered inoperable, and if the vehicle is not repaired or replaced within sixty (60) days during the term of the Agreement
ii. The amount of repayment shall be calculated as follows:

Repayment Amount ($) =
Funding Amount ($) – Elapsed Portion of Project Life (Yrs) * Funding Amount ($) Project Life (Yrs)
iii. Alternatively, if Grantee is unable to satisfy the term of the Agreement pursuant to Grant Program Guidelines, Grantee must return prorated funds to the District as outlined in this Agreement Section (5)(c)(ii).

6. Maintenance: Grantee shall operate and maintain the new vehicle pursuant to the manufacturer’s specifications for the entire project life. Grantee shall not tamper with any engine or retrofit installed pursuant to this grant Agreement. Grantee shall maintain a non-resettable hour meter on each engine pursuant to this Agreement. If during the project life the meter fails for any reason, the owner shall remain responsible for validating any mileage not recorded and provide the AVAQMD notification of Agreement No. A-7794

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the odometer failure and the mileage in the annual usage report. Grantee must repair or replace the non- operating meter promptly.

7. Independent Contractor:
a. The relationship of Grantee to AVAQMD under this Agreement is that of an independent contractor. Grantee is to exercise its own discretion as to the method and manner of performing its duties. AVAQMD will not exercise control over Grantee, its employees, agents, or subcontractors, except regarding the result to be obtained and to verify compliance with the terms of this Agreement. Grantee and AVAQMD shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
b. Grantee understands that this Agreement does not preclude Grantee from performing services for other projects under the jurisdiction of the AVAQMD as long as such services are not in conflict with this Agreement and as long as such services do not create conflict of interest under applicable laws.
c. The Parties further agree that since the status of Grantee is that of an independent contractor, Grantee shall not become entitled to any employment rights or benefits that are available to the employees of AVAQMD. The Parties further agree that Grantee shall be solely responsible for providing to itself, and on behalf of itself, all legally required employment benefits.

8. Termination:
a. Breach of Agreement: AVAQMD may immediately suspend or terminate this Agreement, in whole or in part, where in the reasonable determination of AVAQMD there is:
i. An illegal or improper use of funds;
ii. A breach by Grantee of any material term of this Agreement and failure to cure such breach within thirty (30) days following written notice from AVAQMD; or iii. A substantially incorrect or incomplete report submitted to AVAQMD that is not corrected within thirty (30) days following written notice by the AVAQMD of the report deficiencies.
iv. A breach by sublet, transfer of any rights or obligations, modification or sale of Agreement No. A-7794

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the vehicle by Grantee under this Agreement in violation of paragraph 16c or d of this Agreement prior to the fulfillment of all obligations under this Agreement.

In no event shall any payment by AVAQMD constitute a waiver by AVAQMD of any breach of this Agreement or any default which may then exist on the part of Grantee. Neither shall such payment impair or prejudice any remedy available to AVAQMD with respect to the breach or default.

AVAQMD shall have the right to demand of Grantee the repayment to AVAQMD of any funds disbursed to Grantee under this Agreement which in the judgment of AVAQMD were not expended in accordance with the terms of this Agreement. Grantee shall promptly refund any such funds upon demand.

In addition to immediate suspension or termination, AVAQMD may seek any other remedies available at law, in equity, or otherwise specified in this Agreement. b. Without Cause: In the event of unavailability of funds because of fault or no fault of either party, such party may terminate this Agreement upon giving written notice to the other party at least thirty (30) days before the effective date of such termination. c. For Cause: AVAQMD may terminate this Agreement upon the conviction for any criminal act by Grantee, its agents, officers and employees if such act directly relates to this Agreement.

9. Indemnification: Grantee agrees to indemnify, defend and hold harmless AVAQMD and its authorized agents, officers, volunteers and employees against any and all claims or actions arising from Grantee’s acts, errors or omissions in performing services pursuant to this Agreement. Grantee agrees to indemnify, defend, and hold harmless AVAQMD, its authorized agents, officers, volunteers and employees against any and all losses sustained due to the use of the new vehicle pursuant to this Agreement. AVAQMD agrees to indemnify, defend and hold harmless Grantee and its authorized agents, officers, volunteers and employees against any and all claims or actions arising from AVAQMD’s acts, errors or omissions in performing services pursuant to this Agreement.

10. Insurance:
a. In order to accomplish the indemnification herein provided for, Grantee shall procure and maintain, throughout the term of the Agreement replacement value insurance coverage to ensure Agreement No. A-7794

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complete repair or replacement in the event of major damage to the vehicle. Grantee will also maintain insurance as required by law or regulation the following types of insurance as may apply to Grantee’s operations and handling of the new vehicle:
i. Workers’ compensation insurance in amounts to satisfy applicable state laws; ii. Employer’s liability insurance in the amount of $1,000,000; iii. Automobile liability insurance in the amount of $1,000,000 per occurrence; iv. General commercial liability insurance for bodily injury, death or loss of or damage to property of third persons in the minimum amount of $1,000,000 per occurrence and in the aggregate.
b. Such insurance policies shall name AVAQMD, its officers, agents, employees, individually and collectively, as additional insured (except workers’ compensation insurance), for purposes of the matter covered under this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to the District, its officers, agents, employees, individually and collectively. Such coverage for additional insured shall apply as primary insurance, and any other insurance maintained by AVAQMD, its officers, agents, and employees, shall be excess only and not contributing with insurance provided under Grantee’s policies herein. The grantee’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Any failure to comply with any of the provisions or policies including breach of warranties shall not affect coverage provided to the District, its officers, agents, employees, individually and collectively.

Grantee will not cancel required insurance policies without thirty (30) day prior written notice. c. Prior to the commencement of performing its obligations under this Agreement, Grantee shall provide to AVAQMD appropriate certificates from its insurance carrier or carriers stating that such insurance coverages have been obtained and are in full force; that AVAQMD, its officers, agents and employees will not be responsible for any premiums on the policies; that such insurance names AVAQMD, its officers, agents, and employees, individually and collectively, as additional insureds and stating policy number, dates of expiration, limits of liability thereunder, and special endorsements (except workers’ compensation insurance), for Agreement No. A-7794

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purposes of the matter covered under this Agreement; that such coverage for additional insured shall apply as primary insurance and any other insurance maintained by AVAQMD, its officer, agents, and employees, shall be excess only and not contributing with insurance provided under Grantee’s policies herein.

11. Audits, Inspections and Reports:
a. During the Project life, either or both the AVAQMD and CARB or their designee have the authority to conduct a fiscal audit, inspect projects, enforce terms of this Agreement, and pursue a refund for any noncompliance with the terms and conditions of this Grant Agreement or applicable state laws or regulations. Grantee shall make available to AVAQMD at any time during regular business mileage following reasonable notice from the AVAQMD, and as often as AVAQMD may deem necessary, all of its records and data for examination with respect to the matters covered in this Agreement. Grantee shall allow AVAQMD upon reasonable advance request at AVAQMD’s cost, to audit and inspect all of such records and data necessary to ensure Grantee’s compliance with the terms of this Agreement. In the event it becomes necessary, Grantee shall be subject to an audit to determine if the funds received by Grantee were spent for the incremental cost of cleaner vehicles as provided in the District’s Program Guidelines and to determine whether said funds were spent as provided by law and this Agreement. If after audit AVAQMD determines that funds provided to Grantee pursuant to this Agreement were not spent in conformance with this Agreement or the requirements of the Grant Program or any other applicable provisions of law, and following resolution of any appeal of such determination by Grantee to the Board of the AVAQMD, Grantee agrees to immediately reimburse AVAQMD all funds determined to have been expended not in conformance with said provisions. b. Grantee shall deliver usage reports commencing twelve (12) months after the new vehicle is placed back into service and annually thereafter for the Project life as specified in Exhibit A.

Failure to submit a report will result in on-site monitoring or inspection(s). c. Grantee shall retain all records and data for activities performed under this Agreement for at least three (3) years beyond the performance of the final obligation pursuant to this Agreement or until all state and federal audits are completed, whichever is later.

Agreement No. A-7794

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12. Notices: The persons and their addresses having authority to give and receive notices under this Agreement are as follows:

CITY OF PALMDALE
Ronda Perez
Acting City Manager
38300 Sierra Highway
Palmdale, CA 93550
AVAQMD
Julie McKeehan
Grants Analyst
43301 Division Street
Lancaster, CA 93535

AVAQMD
Bret Banks
Executive Director
43301 Division Street
Lancaster, CA 93535
Any and all notices to AVAQMD and Grantee provided for or permitted under this Agreement or by law shall be in writing and shall be deemed duly served when personally delivered, or in lieu of such personal service, when actually received or when deposited in the United States mail, postage prepaid, addressed to such party.

13. Political Activity Prohibited: None of the funds, materials, property, or services provided under this Agreement shall be used for any political activity, or to further the election or defeat of any candidate for public office contrary to federal or state laws, statutes, regulations, rules, or guidelines.

14. Lobbying Prohibited: None of the funds provided under this Agreement shall be used for publicity, lobbying, or propaganda purposes designed to support or defeat legislation before the Congress of the United States of America or the Legislature of the State of California.

15. Conflict Of Interest: No officer, employee or agent of AVAQMD who exercises any function or responsibility for planning and carrying out the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. Grantee shall comply with all federal, state and local conflict of interest laws, statutes, and regulations.

16. Succession:
a. Each party and the partners, successors, and legal representatives of each party, and to the extent permitted herein the assigns of each party, are hereby bound to the other party and to the partners, successors, legal representatives and assigns, of such other party, in respect to all covenants, Agreements and obligations of this Agreement. b. Neither Party will assign, sublet or transfer any rights or obligations under this Agreement without the written consent of the other. However, Grantee is authorized to use

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employees of or assign this Agreement to an affiliate as it may deem appropriate to assist in the performance of services or as a result of an internal reorganization. c. Grantee shall not sublet, transfer any rights or obligations, pertaining to the replacement vehicle under this Agreement, for the full term of the Agreement without prior written authorization from the AVAQMD.
d. Grantee shall not sell or otherwise modify the new engine or EMU installed on each vehicle under this Agreement, for the full term of the Agreement without prior written authorization from the AVAQMD.

17. Time is of Essence: Time is of the essence in completion of the services in this Agreement.

18. Benefit to Parties: Nothing contained in this Agreement will be construed to give any rights or benefits to any person other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and not for the benefit of any other person.

19. Change in Scope of Work: Changes or amendments to the Project application as it exists at the time the Governing Board makes the grant award and/or Scope of Work contained in this Agreement, including any increase or decrease in the amount of program funds awarded, and changes in the terms of this Agreement, shall be mutually agreed upon in writing by and between AVAQMD and Grantee, and shall only be effective by duly-executed written amendments to this Agreement.

20. Severability: In the event that any word, phrase, clause, sentence, paragraph, section, article or provision contained in this Agreement is held to be unenforceable for any reason by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement, and the Agreement shall then be construed as if such unenforceable provisions are not a part hereof.

21. Captions: The paragraph captions of this Agreement shall have no effect on its interpretations.

22. Entire Agreement: This Agreement, together with the Project application and Exhibit A, constitutes the entire Agreement between the Parties and will supersede all prior written or oral understandings. This Agreement and its Exhibits may only be amended, supplemented, modified or canceled by a duly-executed written instrument signed by the Parties. //

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23. Rights to Emission Reductions: Projects funded via the Mobile Source Emission Reductions Program cannot generate Emission Reduction Credits (ERCs) pursuant to AVAQMD Regulation XIV or be used for offsets pursuant to Regulation XIII.

24. Governing Law: This Agreement shall be interpreted under the laws of the State of California.

Venue for any action arising out of this Agreement shall only be in Los Angeles County, California.

This Agreement was entered into in Lancaster, California.

ANTELOPE VALLEY AIR QUALITY CITY OF PALMDALE

MANAGEMENT DISTRICT

BRET BANKS RONDA PEREZ
Executive Director Acting City Manager
Dated: Dated:

Approved as to Legal Form: Approved as to Legal Form:
____________________________ ________________________________ KAREN K. NOWAK CHRISTOPHER L. BECK
District Counsel City Attorney
Dated: ____________________________ Dated: __________________________ Attest: Attest: If Corporation
________________________________ ________________________________ SHANAE S. SMITH Secretary
City Clerk

END OF CONTRACT
1 Agreement No. A-7794
Exhibit A
AV0122#7

CITY OF PALMDALE GRANT AGREEMENT

WITH ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT
SCOPE OF WORK – MARCH 2, 2022
Maximum Amount of Grant Funds Awarded: $203,500.00
The amount to be paid to Grantee under this Agreement shall not exceed Two Hundred Three Thousand and Five Hundred Dollars ($203,500.00) and shall be the lower of sixty (60) percent of the final invoice for the new street sweeper and shall not exceed the maximum amount of grant funds awarded pursuant to the Grant Agreement (5)(a)(ii) which references sales and use taxes.

This Grant Agreement shall commence on the date it is fully executed and shall terminate five (5) years following completion of the replacement purchase as described in Section (4) of the Grant Agreement.

Task I: Procurement
Issue purchase order for:
 One (1) Global M4 Mechanical Street Sweeper at the cost of $339,250.28 as provided in the application.

Provide AVAQMD with a copy of the purchase order(s) no later than March 31, 2022.

Task II: Implementation
Deadline to take delivery of new vehicle and remove from service existing vehicle: August 31, 2022.

Remove from service:
 One (1) 2006 Tymco Model 600 VIN# 1FVAB6BV47DX20094
 One (1) 2001 TMT Pathway Model TMT217P VIN# 1GDK7C1C71J508570 Grantee shall arrange within 30 days of receiving new vehicle, the old vehicles listed to be delivered to Coast Auto Salvage located in Lancaster (661) 942-3737.

Grantee shall provide copy of destruction certification to the AVAQMD.

Task III: Project Completion
Notify AVAQMD when the new vehicle is placed into service for onsite visit to document the new vehicle no later than 10 days of receiving new vehicle.

Insurance Requirement: Provide copy and maintain throughout the term of the Agreement replacement value insurance coverage to ensure complete repair or replacement in the event of major damage to the vehicle, as well as insurance as required by law or regulation as outlined in the Agreement Section Exhibit A
AV0122#7

2 (10)(a) and (b). *If the vehicle is not repaired or replaced during the Agreement term, the Grantee must return prorated funds to the District as outlined in the Agreement Section (5)(c)(3).

Payment Request: Submit written reimbursement request along with a copy of the final invoice, documentation of payments, down payments and financing documentation (if any).

Affix AVAQMD Grant Funded Decal to new grant funded vehicle for the life of the project.

Grantee consents to the AVAQMD to display photos and project information as needed.

Upon request from the AVAQMD, Grantee agrees to organize a media event to help promote the AVAQMD’s clean air efforts and support. Grantee will organize any of the following as requested:
- 1) a photo opportunity announcing the new clean air vehicle. - 2) a Press release, invite the Press, City officials, the AVAQMD, and key officials they recommend, and provide a photo opportunity with the new clean air vehicle.

Task IV: Operation, Maintenance and Annual Reporting Requirements - Grantee shall operate and maintain the new replacement vehicle pursuant to the manufacturer’s specifications for the entire term of the Grant Agreement. - Prepare five (5) annual reports which provide operation and maintenance issues encountered and how they were resolved, the annual mileage of operation and where the vehicle was operated with respect to AVAQMD boundaries. A minimum of 70% operational mileage as provided in project application to be within the AVAQMD for the five (5) year term.

Annual Reporting Submissions begin 12 months after new vehicle is in operation and annually thereafter through 2028. An annual reporting reminder and form will be sent out. 093021-GEP

Rev. 3/2021 1

Solicitation Number: RFP #093021

CONTRACT

This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Global Environmental Products, Inc., 5405 Industrial Parkway, San Bernardino, CA 92407 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT

A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires November 16, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES

A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. 












 


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Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be 












 


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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:

x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; 












 


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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell 












 


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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:














 


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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:

x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased 












 


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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.













 


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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES

Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, 












 


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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.














 


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14. GOVERNING LAW, JURISDICTION, AND VENUE

The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract. 












 


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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms 












 


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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is 












 


093021-GEP

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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.














 


093021-GEP

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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. 












 


093021-GEP

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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names 












 


093021-GEP

Rev. 3/2021 16

of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation 












 


093021-GEP

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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.














 


093021-GEP

Rev. 3/2021 18

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION

Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Global Environmental Products, Inc.

By: __________________________ By: __________________________ Jeremy Schwartz Chad Bormann
Title: Chief Procurement Officer Title: Vice President/Director of Sales

Date: ________________________

Date: ________________________

Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO

Date: ________________________














 


















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Southern California: 205 W. Slover Ave., Bloomington, CA 92316 - Phone No. (909) 879-1438 Northern California: 4 Wyne Court Bldg. 6, Sacramento, CA 95829 - Phone No. (916) 388-2480 Las Vegas: 2522 Abels Lane, Las Vegas, NV 89115
www.terryequipment.com

City of Palmdale January 28, 2022

Palmdale, CA
Attention:

We are pleased to provide you a quote for a 2022 M4 Mechanical Sweeper equipped as follows:

GLOBAL M4 STANDARD EQUIPMENT
High Visibility Cab (Glass Entry Door Included)

5.6 cu yd (4.3 cu meter) Hopper (Volumetric)
72 dBA In-Cab Noise Level

Hopper Dump Alarm
Dust & Weather Sealed Cab

47" (1194 mm) dia. Gutter Brooms
Multi-Adjustable Suspension Seat

In-Cab Gutter Broom Pressure Adjustment
Tilt & Telescoping Steering Wheel

Tuf-Grip Disposable Gutter Broom Segments
Tinted Safety Windows & Windshield

32" x 56.5" (813 mm x 1435 mm) PM10 Pickup Bro
Windshield Wiper/Washer

58" (1473 mm) Wide Squeegee Type Elevator
Ergonomic Go Pedal

Two 18 gal (68 L) Hydraulic Oil Tanks
Coolant Temp, Oil Pressure & Voltmeter Gauges

Hydraulic Manifolds in LH Fender
Coolant, Eng Oil Pressure & Low Hyd Oil Warning

18.5' (5.6 m) Turning Radius
Speedometer, Tachometer & Hourmeter

Front & Rear Suspension
Fuel Level Gauge

All Sheet Metal Surfaces Primer Powder Coated
130 amp Heavy-Duty Alternator

All Sheet Metal Surfaces Powder Coated
250 gal (945 L) Polyethylene & SS Water Tank

Standard Frame Paint Color Gray
Gutter Broom Water Spray Jets

Standard Hopper/Cab/Fenders Paint Color White
Pickup Broom Water Spray Jets

Fender Mounted Tool Box
Low Water Level Light in Cab

Front & Rear Tie Downs with Tow Hooks
15' (4.6 m) Hydrant Hose with Coupling & Wrench

Left & Right Dual West Coast Mirrors
Front Spray Bar

Buddy Seat
Engine Block Heater

ERGO SWITCH STANDARD
Centauri Precleaner

REAR VIEW CAMERA STANDARD
Electrical Systems Locker

11-FLIGHT Elevator System
Four Wheel Disk Brakes

Load Leveling Device with Hopper Access Door
ABS Brake System

Hopper Full Indicator
Cab Controlled Leaf Gate System

Heavy Sweeping Package Hydraulic System
Auto Safety Hopper Props

QuickChange Main Broom System
LED Stop/Tail Lights, Clearance Lights

1 Sweeper Parts Manuals in English
LED Gutter Broom Spotlights

1 Sweeper Operator Manual in English
2020 Cummins Engine with 5 gal. DEF Tank

2 Year Elevator Sprocket Warranty
Sealed Beam Headlights

Southern California: 205 W. Slover Ave., Bloomington, CA 92316 - Phone No. (909) 879-1438 Northern California: 4 Wyne Court Bldg. 6, Sacramento, CA 95829 - Phone No. (916) 388-2480 Las Vegas: 2522 Abels Lane, Las Vegas, NV 89115
www.terryequipment.com

Included Options/Features:
 Quick Change Main Broom System
 Elevator & Hopper Flusher
 Gutter Broom Speed Control
 Dual GB Tilt
 Hopper Raise/Lower – Rear Fender Upgrade
 AM/FM Radio w/CD with Aux & USB Ports
 Aux. Power Source
 Seat, High Back, Air, Gray
 Heated & Remote Controlled Mirrors with Heavy Duty Brackets  Arrow Stick (LED)
 Cab Strobe (LED)
 Rear Flashing (LED) Strobes (rear upper corners)
 Limb Guard (Cab Beacon/Strobe)
 Rear Flood Lights Rear
 In-Cab
 Battery Master Shutoff
 Microtrap (PM-10 Option)
 Dual Springs PUB Suspension
 Elevator Stall Alarm
 Reverse Sweep/Lift Option
 Extended Dock Bumpers
 Front Flood Lights Dual Caltrans Style
 Autolube – Full System

Global M4 Mechanical Street Sweeper $ 307,710.00
Palmdale, CA Sales Tax @ 10.25% $ 31,540.28
Customer Price with Sales Tax $ 339,250.28
Quotes are good 60 days.

Sincerely,

Andy Small
Terry Equipment Inc.

City Council Staff Report
DATE: MARCH 2, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT

CAPITAL IMPROVEMENT PROGRAM DIVISION
DISTRICT: 1 & 3
SUBJECT: AWARD CONSTRUCTION AGREEMENT WITH SULLY-MILLER CONTRACING CO. FOR PN 698, AVENUE R COMPLETE STREETS
AND SAFE ROUTES PROJECT , IN THE AMOUNT OF $10,690,000
FOR A TERM OF 400 WORKING DAYS FROM THE DATE OF
NOTICE TO PROCEED.

ISSUE
Award construction agreement with Sully-Miller Contracting Co. for PN 698, Avenue R Complete Streets and Safe Routes Project, in the amount of $10,690,000 for a term of 400 working days from the date of notice to proceed.

RECOMMENDATION
Staff recommends that the City Council:

1. Award construction agreement with Sully-Miller Contracting Co , for PN 698, Avenue R Complete Streets and Safe Routes Project in the amount of $10,690,000 and

2. Approve a supplemental appropriation of $6,312,694 from either budget scenarios that are listed in the Fiscal Impact; and

3. Grant authority to the City Manager to approve Supplemental Agreement to this contract in an aggregate amount not to exceed $1,603,500; and

4. Authorize the Acting City Manager or designee to execute Agreement No. A- 7596 with Sully-Miller Contracting Co ., including minimal and/or non - substantive changes.

BACKGROUND
Project No. 698, Avenue R Complete Streets and Safe Routes Project , includes roadway widening improvements along Avenue R from Sierra Highway to 25 th Street East. These improvements include but are not limited to: sidewalk gap closure, driveway and curb ramp construction, traffic signal modification, streetlight improvements, storm Report to Mayor and City Council
Re: Award of PN 698, Agreement No. A-7596
March 2, 2022