Agenda packet, first session — Palmdale City Council, June 15, 2022 (part 3 of 3)

ofof45 (iii) Solid Waste Factor.
(c) Weighting. The initial weighting of the Diversion and Disposal Component shall be 46% and of the Service Component shall be 54% and shall apply to the July 1, 2022 rate adjustment, and then, after each current year rate adjustment is calculated, the Service and Diversion and Disposal Components will be re-weighted as shown in Exhibit B-1 to reflect their new relative percentages of the rates, and those new weightings will be used for the following year’s rate adjustment.
(d) Permanent Roll-off Box Services Adjustment. The annual rate adjustment for permanent Roll-off Box Services shall be as follows. For permanent Roll-off Box Services, the Customer shall be charged a pull charge and the applicable processing/disposal cost per ton multiplied by the number of tons. The pull charge shall be adjusted by the Service Component and the processing/disposal cost per ton shall be adjusted to equal the new Recycling, Organics/Green Waste or Landfill Facility’s rate, as applicable. (e) Other Roll-Off Waste Streams. The per ton rate for Construction and Demolition, Clean Concrete and Wood, or any other waste streams not yet mentioned, shall be adjusted by the same percentage used for the Service Component.

33. The current Exhibit A is deleted in its entirety and replaced with Exhibit A attached hereto and incorporated by this reference as though fully set forth herein. Notwithstanding anything to the Contrary, the Exhibit A attached hereto shall include a "Contaminated Recycling and Organics Container Fee."

34. Exhibits B-1 and B-2 are deleted in their entirety and replaced with Exhibit B-1 attached hereto and incorporated by this reference as though fully set forth herein.

35. All references in the Agreement to Refuse Cart(s), Recycling Cart(s), and Green Waste Cart(s) shall be replaced with Gray Container, Blue Container, and Green Container, respectively.

36. Unless revised in this Second Amendment, all other terms and conditions of the Agreement and First Amendment remain in full force andeffect.

37. Each Party hereby represents and w arrants to the other Party that: (a) It has the full right, power, and authority to enter into this Second Amendment and to perform its obligations hereunder; and (b) The execution of this Second Amendment by the individual whose signature is set forth at the end of this Second Amendment on behalf of such Party, and the delivery of this Second Amendment by such Party, have been duly authorized by all necessary action on the part of such Party.

38. This Second Amendment may be executed in counterparts, each of which is deemed an original, but all of which constitute one and the same agreement. Delivery of an executed counterpart of this Second Amendment electronically or by facsimile shall be effective as delivery of an original executed counterpart of this Second Amendment.

39. This Second Amendment constitutes the sole and entire agreement between the Parties Agreement A-5852 Amendment 2

Page 12 ends

ofof45with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
[signature page follows]
Agreement A-5852 Amendment 2

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ofof45
In Witness Whereof , the parties hereto have caused this Second Amendment to be executed and attested by their respective officers thereunto duly authorized.

CITY OF PALMDALE: WASTE MANAGEMENT OF
CALIFORNIA, INC., dba WASTE

MANAGEMENT OF ANTELOPE
VALLEY:

Ronda Perez Date
Interim City Manager
Mike Hammer Date
President
ADDRESS FOR NOTICE:

CITY OF PALMDALE
Public Works Department
38250 Sierra Hwy
Palmdale, CA 93550
ADDRESS FOR NOTICE:

Waste Management of California, Inc.

Attn: President
9081 Tujunga Ave.

Sun Valley, CA 91352
APPROVE AS TO FORM:

Scott E. Porter
Acting City Attorney
ATTEST: ATTEST: If Corporation
Shanae Smith
City Clerk
Assistant Secretary

Agreement A-5852 Amendment 2

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ofof45
Exhibit A

EXHIBIT A

FEE SCHEDULE
**To be updated once rates have been finalized**
Agreement A-5852 Amendment 2

Page 15 ends

ofof45
Exhibit B-1
EXHIBIT B-1

EXAMPLE RATE ADJUSTMENT
**To be updated once rate adjustment formula is finalized** Exhibit A
Waste Management
City of Palmdale
Rate Calculations 2022‐2023 (Updated Services + No Change in Term) A B C C1C 2C 3
Row Index Old Index Value New Index Value
Percent Change In
Index, Capped at 5%
((Column B/Column A) ‐1)
Residential Adjustment
Required
Commercial
Adjustment Required
Rolloff Adjustment
Required
1 CPI, Garbage and Trash Collection 498.705 522.329 4.7% 20.51% 11.30% 2.30%

DEFGH I J
Row Service Current Customer Rate Percentage Change in
Index (from Column C)
Rate Increase or
Decrease (Column
D x Column E)
Adjusted Rate*
(Column D + Column F)
Additional Adjustment
(Column C1, C2 or C3)
Rate Increase or
Decrease
(Column D + Column H)
Final Adjusted Rate*
(Column D + Column F +
Column I)
31 1 yard bin x3 $174.28 4.7% $8.19 $182.47 11.30% $19.69 $202.16 32 1 yard bin x4 $218.71 4.7% $10.28 $228.99 11.30% $24.71 $253.70 33 1 yard bin extra pickup $27.63 4.7% $1.30 $28.93 11.30% $3.12 $32.05 34 1.5 yard bin x1 $88.61 4.7% $4.16 $92.77 11.30% $10.01 $102.79 35 1.5 yard bin x2 $158.28 4.7% $7.44 $165.72 11.30% $17.89 $183.60 36 1.5 yard bin x3 $219.18 4.7% $10.30 $229.48 11.30% $24.77 $254.25 37 1.5 yard bin x4 $254.98 4.7% $11.98 $266.96 11.30% $28.81 $295.78 38 1.5 yard bin x5 $410.77 4.7% $19.31 $430.08 11.30% $46.42 $476.49 39 1.5 yard bin x6 $478.53 4.7% $22.49 $501.02 11.30% $54.07 $555.09 40 1.5 yard bin extra pickup $41.45 4.7% $1.95 $43.40 11.30% $4.68 $48.08 41 2 yard bin x1 $102.45 4.7% $4.82 $107.27 11.30% $11.58 $118.84 42 2 yard bin x2 $182.14 4.7% $8.56 $190.70 11.30% $20.58 $211.28 43 2 yard bin x3 $234.42 4.7% $11.02 $245.44 11.30% $26.49 $271.93 44 2 yard bin x4 $214.03 4.7% $10.06 $224.09 11.30% $24.19 $248.27 45 2 yard bin x5 $440.34 4.7% $20.70 $461.04 11.30% $49.76 $510.79 39 2 yard bin x6 $512.14 4.7% $24.07 $536.21 11.30% $57.87 $594.08 40 2 yard bin extra pickup $51.86 4.7% $2.44 $54.30 11.30% $5.86 $60.16 41 3 yard bin x1 $146.90 4.7% $6.90 $153.80 11.30% $16.60 $170.40 42 3 yard bin x2 $248.14 4.7% $11.66 $259.80 11.30% $28.04 $287.84 43 3 yard bin x3 $356.23 4.7% $16.74 $372.97 11.30% $40.25 $413.23 44 3 yard bin x4 $446.09 4.7% $20.97 $467.06 11.30% $50.41 $517.46 45 3 yard bin x5 $478.90 4.7% $22.51 $501.41 11.30% $54.12 $555.52 46 3 yard bin x6 $527.71 4.7% $24.80 $552.51 11.30% $59.63 $612.14 47 3 yard bin extra pickup $58.80 4.7% $2.76 $61.56 11.30% $6.64 $68.21 48 4 yard bin x1 $170.76 4.7% $8.03 $178.79 11.30% $19.30 $198.08 49 4 yard bin x2 $320.96 4.7% $15.09 $336.05 11.30% $36.27 $372.31 50 4 yard bin x3 $457.48 4.7% $21.50 $478.98 11.30% $51.70 $530.68 51 4 yard bin x4 $578.04 4.7% $27.17 $605.21 11.30% $65.32 $670.53 52 4 yard bin x5 $657.54 4.7% $30.90 $688.44 11.30% $74.30 $762.75 53 4 yard bin x6 $705.10 4.7% $33.14 $738.24 11.30% $79.68 $817.92 54 4 yard bin extra pickup $67.44 4.7% $3.17 $70.61 11.30% $7.62 $78.23 55 6 yard bin x1 $232.14 4.7% $10.91 $243.05 11.30% $26.23 $269.28 56 6 yard bin x2 $393.59 4.7% $18.50 $412.09 11.30% $44.48 $456.56 57 6 yard bin x3 $518.59 4.7% $24.37 $542.96 11.30% $58.60 $601.56 58 6 yard bin x4 $691.39 4.7% $32.50 $723.89 11.30% $78.13 $802.01 59 6 yard bin x5 $772.99 4.7% $36.33 $809.32 11.30% $87.35 $896.67 60 6 yard bin x6 $872.85 4.7% $41.02 $913.87 11.30% $98.63 $1,012.51 61 6 yard bin extra pickup $75.15 4.7% $3.53 $78.68 11.30% $8.49 $87.17 62 3 yard compactor x1 $293.81 4.7% $13.81 $307.62 11.30% $33.20 $340.82 63 3 yard compactor x2 $496.29 4.7% $23.33 $519.62 11.30% $56.08 $575.70 64 3 yard compactor x3 $712.43 4.7% $33.48 $745.91 11.30% $80.50 $826.42 65 3 yard compactor x4 $892.18 4.7% $41.93 $934.11 11.30% $100.82 $1,034.93 66 3 yard compactor x5 $957.79 4.7% $45.02 $1,002.81 11.30% $108.23 $1,111.04

DEFGH I J
Row Service Current Customer Rate Percentage Change in
Index (from Column C)
Rate Increase or
Decrease (Column
D x Column E)
Adjusted Rate*
(Column D + Column F)
Additional Adjustment
(Column C1, C2 or C3)
Rate Increase or
Decrease
(Column D + Column H)
Final Adjusted Rate*
(Column D + Column F +
Column I)
67 3 yard compactor x6 $1,055.39 4.7% $49.60 $1,104.99 11.30% $119.26 $1,224.25 68 4 yard compactor x1 $341.49 4.7% $16.05 $357.54 11.30% $38.59 $396.13 69 4 yard compactor x2 $641.91 4.7% $30.17 $672.08 11.30% $72.54 $744.62 70 4 yard compactor x3 $914.96 4.7% $43.00 $957.96 11.30% $103.39 $1,061.35 71 4 yard compactor x4 $1,156.04 4.7% $54.33 $1,210.37 11.30% $130.63 $1,341.01 72 4 yard compactor x5 $1,315.09 4.7% $61.81 $1,376.90 11.30% $148.61 $1,525.50 73 4 yard compactor x6 $1,410.21 4.7% $66.28 $1,476.49 11.30% $159.35 $1,635.84 74 6 yard compactor x1 $464.30 4.7% $21.82 $486.12 11.30% $52.47 $538.59 75 6 yard compactor x2 $787.19 4.7% $37.00 $824.19 11.30% $88.95 $913.14 76 6 yard compactor x3 $1,037.15 4.7% $48.75 $1,085.90 11.30% $117.20 $1,203.09 77 6 yard compactor x4 $1,382.79 4.7% $64.99 $1,447.78 11.30% $156.26 $1,604.04 78 6 yard compactor x5 $1,545.98 4.7% $72.66 $1,618.64 11.30% $174.70 $1,793.34 79 6 yard compactor x6 $1,745.70 4.7% $82.05 $1,827.75 11.30% $197.26 $2,025.01 80 Locking Bin Service, per bin, 1x $23.12 4.7% $1.09 $24.21 11.30% $2.61 $26.82 81 Locking Bin Service, per bin, 2x $46.25 4.7% $2.17 $48.42 11.30% $5.23 $53.65 82 Locking Bin Service, per bin, 3x $69.38 4.7% $3.26 $72.64 11.30% $7.84 $80.48 83 Locking Bin Service, per bin, 4x $92.50 4.7% $4.35 $96.85 11.30% $10.45 $107.30 84 Locking Bin Service, per bin, 5x $115.62 4.7% $5.43 $121.05 11.30% $13.07 $134.12 85 Locking Bin Service, per bin, 6x $138.75 4.7% $6.52 $145.27 11.30% $15.68 $160.95 Commercial Organic Waste Service
86 Commercial Organics Cart x1 $35.97 4.7% $1.69 $37.66 20.30% $7.30 $44.96 87 Commercial Organics Cart x2 $71.93 4.7% $3.38 $75.31 20.30% $14.60 $89.91 88 Commercial Organics Cart x3 $107.90 4.7% $5.07 $112.97 20.30% $21.90 $134.88 89 Commercial Organics Cart extra pickup $18.34 4.7% $0.86 $19.20 20.30% $3.72 $22.93 Commercial Recycling Service
90 Commercial Cart x1 $11.87 4.7% $0.56 $12.43 11.30% $1.34 $13.77 91 Commercial Cart extra pickup $6.05 4.7% $0.28 $6.33 11.30% $0.68 $7.02 92 1 yard bin x1 $23.68 4.7% $1.11 $24.79 11.30% $2.68 $27.47 93 1 yard bin x2 $42.87 4.7% $2.01 $44.88 11.30% $4.84 $49.73 94 1 yard bin x3 $57.51 4.7% $2.70 $60.21 11.30% $6.50 $66.71 95 1 yard bin x4 $72.17 4.7% $3.39 $75.56 11.30% $8.16 $83.72 96 1 yard bin extra pickup $9.11 4.7% $0.43 $9.54 11.30% $1.03 $10.57 97 1.5 yard bin x1 $29.25 4.7% $1.37 $30.62 11.30% $3.31 $33.93 98 1.5 yard bin x2 $52.23 4.7% $2.45 $54.68 11.30% $5.90 $60.59 99 1.5 yard bin x3 $72.34 4.7% $3.40 $75.74 11.30% $8.17 $83.91 100 1.5 yard bin x4 $84.15 4.7% $3.96 $88.11 11.30% $9.51 $97.61 101 1.5 yard bin x5 $135.54 4.7% $6.37 $141.91 11.30% $15.32 $157.23 102 1.5 yard bin x6 $157.89 4.7% $7.42 $165.31 11.30% $17.84 $183.15 103 1.5 yard bin extra pickup $13.68 4.7% $0.64 $14.32 11.30% $1.55 $15.87 104 2 yard bin x1 $33.81 4.7% $1.59 $35.40 11.30% $3.82 $39.22 105 2 yard bin x2 $60.10 4.7% $2.82 $62.92 11.30% $6.79 $69.72 106 2 yard bin x3 $77.37 4.7% $3.64 $81.01 11.30% $8.74 $89.75 107 2 yard bin x4 $103.62 4.7% $4.87 $108.49 11.30% $11.71 $120.20

DEFGH I J
Row Service Current Customer Rate Percentage Change in
Index (from Column C)
Rate Increase or
Decrease (Column
D x Column E)
Adjusted Rate*
(Column D + Column F)
Additional Adjustment
(Column C1, C2 or C3)
Rate Increase or
Decrease
(Column D + Column H)
Final Adjusted Rate*
(Column D + Column F +
Column I)
108 2 yard bin x5 $145.31 4.7% $6.83 $152.14 11.30% $16.42 $168.56 109 2 yard bin x6 $168.99 4.7% $7.94 $176.93 11.30% $19.10 $196.03 110 2 yard bin extra pickup $17.11 4.7% $0.80 $17.91 11.30% $1.93 $19.85 111 3 yard bin x1 $48.48 4.7% $2.28 $50.76 11.30% $5.48 $56.24 112 3 yard bin x2 $81.89 4.7% $3.85 $85.74 11.30% $9.25 $94.99 113 3 yard bin x3 $117.56 4.7% $5.53 $123.09 11.30% $13.28 $136.37 114 3 yard bin x4 $147.21 4.7% $6.92 $154.13 11.30% $16.63 $170.76 115 3 yard bin x5 $158.02 4.7% $7.43 $165.45 11.30% $17.86 $183.30 116 3 yard bin x6 $174.15 4.7% $8.19 $182.34 11.30% $19.68 $202.01 117 3 yard bin extra pickup $19.40 4.7% $0.91 $20.31 11.30% $2.19 $22.50 118 4 yard bin x1 $56.36 4.7% $2.65 $59.01 11.30% $6.37 $65.38 119 4 yard bin x2 $105.91 4.7% $4.98 $110.89 11.30% $11.97 $122.86 120 4 yard bin x3 $150.97 4.7% $7.10 $158.07 11.30% $17.06 $175.13 121 4 yard bin x4 $190.75 4.7% $8.97 $199.72 11.30% $21.55 $221.27 122 4 yard bin x5 $216.98 4.7% $10.20 $227.18 11.30% $24.52 $251.70 123 4 yard bin x6 $232.68 4.7% $10.94 $243.62 11.30% $26.29 $269.91 124 4 yard bin extra pickup $22.25 4.7% $1.05 $23.30 11.30% $2.51 $25.81 125 6 yard bin x1 $76.61 4.7% $3.60 $80.21 11.30% $8.66 $88.87 126 6 yard bin x2 $129.88 4.7% $6.10 $135.98 11.30% $14.68 $150.66 127 6 yard bin x3 $171.14 4.7% $8.04 $179.18 11.30% $19.34 $198.52 128 6 yard bin x4 $228.17 4.7% $10.72 $238.89 11.30% $25.78 $264.68 129 6 yard bin x5 $255.08 4.7% $11.99 $267.07 11.30% $28.82 $295.89 130 6 yard bin x6 $288.05 4.7% $13.54 $301.59 11.30% $32.55 $334.14 131 6 yard bin extra pickup $24.79 4.7% $1.17 $25.96 11.30% $2.80 $28.76 Roll Off Box / Compactor Charges
132 10 Yard Container Handling Fee, Per Pickup $251.19 4.7% $11.81 $263.00 2.30% $5.78 $268.77 133 10 Yard Container Daily Rental (After 7 Days) $6.90 4.7% $0.32 $7.22 2.30% $0.16 $7.38 134 10 Yard Container Weekly Rental (After 7 Days) $48.38 4.7% $2.27 $50.65 2.30% $1.11 $51.77 135 10 Yard Container Monthly Rental (After 7 Days) $193.36 4.7% $9.09 $202.45 2.30% $4.45 $206.90 136 25 Yard Container Handling Fee, Per Pickup $320.40 4.7% $15.06 $335.46 2.30% $7.37 $342.83 137 25 Yard Container Daily Rental (After 7 Days) $8.60 4.7% $0.40 $9.00 2.30% $0.20 $9.20 138 25 Yard Container Weekly Rental (After 7 Days) $60.39 4.7% $2.84 $63.23 2.30% $1.39 $64.62 139 25 Yard Container Monthly Rental (After 7 Days) $241.76 4.7% $11.36 $253.12 2.30% $5.56 $258.68 140 30 Yard Container Handling Fee, Per Pickup $351.69 4.7% $16.53 $368.22 2.30% $8.09 $376.31 141 30 Yard Container Daily Rental (After 7 Days) $10.38 4.7% $0.49 $10.87 2.30% $0.24 $11.11 142 30 Yard Container Weekly Rental (After 7 Days) $72.48 4.7% $3.41 $75.89 2.30% $1.67 $77.55 143 30 Yard Container Monthly Rental (After 7 Days) $290.06 4.7% $13.63 $303.69 2.30% $6.67 $310.36 144 40 Yard Container Handling Fee, Per Pickup $439.99 4.7% $20.68 $460.67 2.30% $10.12 $470.79 145 40 Yard Container Daily Rental (After 7 Days) $12.10 4.7% $0.57 $12.67 2.30% $0.28 $12.95 146 40 Yard Container Weekly Rental (After 7 Days) $84.60 4.7% $3.98 $88.58 2.30% $1.95 $90.52 147 40 Yard Container Monthly Rental (After 7 Days) $338.36 4.7% $15.90 $354.26 2.30% $7.78 $362.05 148 MSW/Contaminated Cardboard, Per Ton $62.79 4.7% $2.95 $65.74 2.30% $1.44 $67.19 149 Recyclables, Per Ton $114.18NEW

NEW
NEW
City Council Staff Report
DATE: JUNE 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
DISTRICT: ALL
SUBJECT: AWARD MEASURE AV GRANT PROGRAM FUNDING, TOTALING $1,306,810, TO GRANTEES IN EXHIBIT A AND AUTHORIZE

INTERIM CITY MANAGER TO ENTER INTO AGREEMENTS
RANGING FROM $2,000 TO $250,000.

ISSUE
Award Measure AV Grant Program funding, totaling $1,306,810, to grantees in Exhibit A and authorize the Interim City Manager to enterinto agreements ranging from $2,000 to $250,000.

RECOMMENDATION
Staff recommends that the City Council:

1. Award Measure AV Grant Program funding, totaling $1,306,810, to grantees in Exhibit A and authorize the Interim City Manager to enter into agreementsranging from $2,000 to $250,000.

BACKGROUND
In November 2020, voters in the City of Palmdale passed a local ¾ cent sales tax generating revenue to:
 Maintain 911 emergency response times;
 Keep public parks open, safe and clean;
 Repair streets and potholes;
 Retain and recruit local businesses through economic development initiatives to ensure the City’s long-term financial stability;
 Support community policing, activities for at-risk youth and mental health efforts to help keep our community safe for everyone;
 Address homelessness;
 Support services for local military veterans and seniors;  Upgrade emergency communications and improve emergency preparedness;  Partner with faith communities, non-profits, and local youth sports programs; and,  Protect water resources.

On December 15th, 2021, the City Council adopted adjustments to the Measure AV Fiscal Year 2022 budget to include revised revenue projections and approving a new appropriation for the Measure AV Grant Program , totaling $1,500,000. The remaining Measure AV funds Report to Mayor and City Council
Award Measure AV Grant Program Funding
June 15, 2022

Page 2 ends

are appropriated for budgeted projects, programs, and/or services. The Measure AV Committee also received and filed a recommendation on new grant program funding on January 26, 2022.

The City of Palmdale launched the first Measure AV Grant Program in January 2022 after approving funds, totaling $1,500,000. The funding opportunities are intended for small business, nonprofits, and other eligible agencies, that help address critical issues and meet Measure AV funding criteria set by voters. Eligible programs and services for this round include local military veterans, at-risk youth, mental health, food and shelter services, community-based policing, and crime prevention.

DISCUSSION
On January 10, 2022, online applications were made available to community organizations for the Measure AV Grant Program. A virtual workshop was held on January 13, to inform potential applicants on the submission process and to participate in a Q&A session; 80 organizations were in attendance. Eighty-four (84) applications were received, totaling $5,560,000.

All applications were assessed by an initial eligibility review committee that determined if all program and documentation requirements were met. Applicants who met program and documentation requirements continued to the second review committee. Each committee member evaluated applications individually and then met to determine a group consensus score, based on of the following criteria:

EVALUATION CRITERIA POINTS
Organization Location 5
Services & Recipients 20
Organizational Accomplishments 10
Community Partnerships 10
Palmdale Community Benefit 30
Measurements & Outcomes 25
Total Possible Points 100
Upon final review of all eligible applications, twenty-nine (29) projects are recommended for funding, totaling $1,306,810 (see Exhibit A - Recommended Awardee List). The remaining funds will be available for either successful appeals or will be used towards future grant programs.

Report to Mayor and City Council
Award Measure AV Grant Program Funding
June 15, 2022

Page 3 ends

The applications recommended for funding in Exhibit A were presented to the Measure AV Oversight Committee on April 27. Staff reviewed the recommended awardee list and the Committee received and filed this item.

FISCAL IMPACT
$1,500,000; grant program funds are budgeted as part of the overall fiscal year 21/22 Measure AV budget in account 15711001-737325.

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

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

Goal IV: Maintain a desirable community where everyone wants to live, work and play.

A. Support opportunities to celebrate rich traditions and diverse cultures in the community.

D. Develop and maintain diverse programs and events that inspire growth, pride, and lifelong learning.

Prepared by: Eric Dombrowski, Deputy Director of Parks & Recreation Presented by: Jordyn Kelley, Management Analyst
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, Interim City Manager
Approved as to form: Scott Porter, Acting City Attorney

ATTACHMENTS
Exhibit A – Recommended Awardee List
Legal Organization Name Entity Type Project Name Category Total Project Amount Requested Grant Fund Amount
Recommended
Award
American Youth Soccer Organization Non-Profit Organization 2022 Spring Season Soccer Programs At-Risk Youth 32,000$ 20,000$ 20,000$ Antelope Valley Blue Star Mothers (AVBSM) Non-Profit Organization AVBSM Desert Lawn Beautification Local Military/Veteran 2,000$ 2,000$ 2,000$ Antelope Valley CERT Non-Profit Organization Palmdale Resiliency, Education and Preparedness (PREP) Food & Shelter 21,000$ 21,000$ 21,000$ Antelope Valley Partners for Health Non-Profit Organization Regional Violence Prevention Coalition, Community Action Plan Expansion (RVPC-CAPE) Community-Based Policing 136,950$ 14,950$ 14,950$ Coalition for Humane Immigrant Rights (CHIRLA) Non-Profit Organization CHIRLA’s Palmdale Community Service Project Community-Based Policing 273,143$ 180,000$ 90,000$ Dynamic Therapy Solutions & Dyslexia Center LLC Business Organization The COVID Regression Solution to At Risk Youth At-Risk Youth 67,300$ 49,300$ 49,300$ Friends of the Children (FOTC) - Los Angeles Non-Profit Organization Youth Well-Being through a 2Gen Professional Mentoring At-Risk Youth 123,467$ 25,000$ 25,000$ Homes for Families Non-Profit Organization Palmdale Veteran Enriched Neighborhood Local Military/Veteran 2,406,700$ 100,000$ 100,000$ Jewish Vocational Services (JVS) SoCal Non-Profit Organization JVS Veterans First Skills Training Local Military/Veteran 931,887$ 20,700$ 20,700$ Little LeagueInc. dba American Indian Little League Non-Profit Organization Baseball Field Improvements & Scholarship At-Risk Youth 10,000$ 10,000$ 10,000$ Marzette's House Non-Profit Organization Healthy Heart and Minds - Healthy Snack Program Food & Shelter 2,000$ 2,000$ 2,000$ Mental Health America of Los Angeles Non-Profit Organization TAY Academy - Mental Health Program At-Risk Youth/ Mental Health 482,600$ 25,000$ 25,000$ Mental Health America of Los Angeles Non-Profit Organization Military Resource Center Local Military/Veteran 1,133,209$ 25,000$ 25,000$ Mighty Little Giants, Inc. Non-Profit Organization NICU Essential Self Care Kits Mental Health 10,000$ 10,000$ 10,000$ Saint Mary Elementary School Education Organization High-Dosage Tutoring Program At-Risk Youth 20,000$ 20,000$ 20,000$ SALVA Non-Profit Organization SALVA building healthy communities and reducing disparities with the City Of Palmdale Mental Health/Food & Shelter 355,000$ 355,000$ 177,500$ South Bay Center for Counseling Non-Profit Organization Child Abuse Prevention Community-Based Policing 25,000$ 24,758$ 24,758$ Spring of Evolution dba Wolf Connection Non-Profit Organization Youth Empowerment Mentoring Component At-Risk Youth 2,336,899$ 248,803$ 124,402$ STARBASE Edwards, Inc. Non-Profit Organization STARBASE Edwards 2.0 - After School Program At-Risk Youth 414,500$ 40,000$ 40,000$ The Community Action League Non-Profit Organization Rent Relief Education & Outreach Food & Shelter 15,000$ 15,000$ 15,000$ The Community Action League Non-Profit Organization Jumpstart to Success - Employment, Training and Mentorship Program At-Risk Youth 25,000$ 25,000$ 25,000$ The Way Center of Truth, Inc. Faith-Based Organization Youth Empowerment 2022 - Suicide Prevention: From Depression to Inspiration Mental Health 19,800$ 19,800$ 19,800$ U S Marine Corp Toys for Tots Non-Profit Organization Antelope Valley Toys for Tots At-Risk Youth 47,000$ 26,000$ 26,000$ United American Indian Involvement, Inc. Non-Profit Organization UAII City of Palmdale Native American Youth Outreach Expansion Mental Health 50,000$ 50,000$ 50,000$ Ventura Foundation Non-Profit Organization Developing our next generation of leaders - Leadership Training At-Risk Youth 50,000$ 50,000$ 50,000$ Vets 4 Veterans, Inc Non-Profit Organization Operation Restart Immediate Need Local Military/Veteran 61,000$ 35,000$ 35,000$ Vets 4 Veterans, Inc Non-Profit Organization Vets 4 Veterans Transition House Local Military/Veteran 508,000$ 250,000$ 250,000$ Victory Outreach Palmdale Non-Profit Organization Basketball Tournament At-Risk Youth 9,400$ 9,400$ 9,400$ West Antelope Valley Education, Inc. Education Organization Activities for All - Science, Arts and Athletics At-Risk Youth 44,000$ 25,000$ 25,000$ 9,612,855$ 1,698,711$ 1,306,810$

EXHIBIT A - RECOMMENDED AWARDEE LIST

O F F I C E O F T H E C I T Y M A N A G E R
Measure AV
Grant Program Awardee Report

Questions
City Council Staff Report
DATE: June 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT
DISTRICT: ALL
SUBJECT: APPROVE THE EMPLOYMENT AGREEMENT BETWEEN THE CITY

OF PALMDALE AND JOHN JONES, INTERIM CITY ATTORNEY
ISSUE
Approve the Employment Agreement between the City of Palmdale and John Jones, Interim City Attorney.

RECOMMENDATION
Staff recommends that the City Council approve the Employment Agreement between the City of Palmdale and John Jones, Interim City Attorney.

BACKGROUND
Following the May 26, 2022, resignation of the City Attorney , the City Council held a special closed session and interviewed several candidates for the position of Interim City Attorney. Staff was directed to enter into negotiations for Interim City Attorney services with Mr. Jones subject to mutual agreement at the present Council Meeting.

DISCUSSION
At the June 3, 2022, special closed session meeting City Council approved appointing John Jones as the Interim City Attorney.

FISCAL IMPACT
The fiscal impact for a term ending December 31, 2022, is approximately $110,000.00, to be budgeted in account 10114001-701000 through 705000.

STRATEGIC PLAN
Goal IV: Maintain a desirable community where everyone wants to live, work and play.

Objective: C. Invest in staff and other human resource strategies to attract and retain a highly qualified, diverse, and creative workforce.

Report to Mayor and City Council
Re: Approve the Employment Agreement Between the City of Palmdale and John Jones, Interim City Attorney
June 15, 2022

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Prepared by: Terrie Zayas, Management Analyst II
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, Interim City Manager
Approved as to form: Scott E. Porter, Acting City Attorney

ATTACHMENTS

1. Agreement A-7974
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EMPLOYMENT AGREEMENT (A-7974)
BETWEEN THE CITY OF PALMDALE AND JOHN L. JONES II
THIS EMPLOYMENT AGREEMENT (hereinafter “Agreement”) is made and entered into by and between the City of Palmdale, a municipal corporation of the State of California (hereinafter “CITY”) and John L. Jones II (hereinafter “JONES”) both of whom understand as follows:

WHEREAS, the governing body of the City of Palmdale (hereinafter called “the City Council”), desires to retain the services of JONES as Interim City Attorney, as that office is created in Chapter 2.06 of the Municipal Code of the City of Palmdale, and JONES desires to perform and assume responsibility for the provision of professional services to the CITY as Interim City Attorney;
WHEREAS, it is the desire of the City Council to provide certain benefits and establish certain terms and conditions of employment, as set forth herein; and NOW, THEREFORE, in consideration of mutual covenants herein contained, the parties agree as follows:

SECTION 1. DUTIES
A. The CITY requires the services of an Interim City Attorney to assist the CITY on a full-time basis to provide legal advice and consultation on all matters relating to the normal day-to-day business of CITY to the City Council, City Manager, agencies, boards, commissions, committees, and officers of CITY and as requested by the City Council or the City Manager.

B. JONES is willing and qualified to provide such services due to his experience, training, and education.

C. The CITY agrees to employ JONES as the Interim City Attorney of the CITY to perform the functions and duties specified in the ordinances and resolutions of CITY and to perform other legally permissible and proper duties and functions as the City Council may from time to time assign.

D. JONES is authorized to retain, dismiss, monitor and direct all outside legal counsel in matters where either the CITY or JONES feel effective representation requires outside legal counsel in accordance with CITY’s signature authority requirements and municipal code allowances. JONES has the authorization to select, engage and monitor outside legal counsel in consultation and at the direction of the City Council.

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E. JONES shall perform all duties in accordance with the highest professional and ethical standards of the profession and shall comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and orders established by CITY.

F. JONES shall not engage in any activity which is or may become a conflict of interest, prohibited contract, or which may create an incompatibility of office as defined under California law. Prior to performing any services under this agreement and annually thereafter, JONES must complete disclosure forms required by law.

G. JONES shall not, without the City Council’s prior written consent, render to others services of any kind for compensation or engage in any other activity that would materially interfere with his performance of his duties under this Agreement.

JONES shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of JONES’ duties under this Agreement.

H. JONES agrees to diligently carry out the work to be done under this Agreement and understands that in the performance of this Agreement, JONES’s availability and responsiveness are critical.

I. JONES represents that he has the professional skills necessary to perform, and that he will perform, the services in a skillful and professional manner.

SECTION 2. TERM, UNDERSTANDING, AMENDMENT
A. The term of this Agreement shall be effective upon the signature of both PARTIES and continue through December 31, 2022 unless extended by mutual agreement or by operation of Section 2.D., or terminated earlier pursuant to Section 4 of this Agreement. JONES agrees to begin employment as Interim City Attorney on June 20, 2022.

B. The PARTIES recognize and affirm that:

1. JONES serves at the pleasure of the City Council, as an "at-will" employee whose employment may be terminated by the City Council with or without cause, consistent with this Agreement; and

2. There is no express or implied promise made to JONES for any form of continued employment. This Agreement is the sole and exclusive basis for an employment relationship between JONES and CITY.

C. The PARTIES may, upon mutual consent and agreement, amend the terms of this Agreement. No amendment shall be in effect unless it has been reduced to writing and approved by JONES and the City Council.

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D. Unless CITY or JONES delivers a notice to the other in conformity with this Agreement by December 8, 2022, indicating his/its intention to not continue this Agreement beyond December 31, 2022, the term of this Agreement in Section

2.D. shall be extended by one year (through December 31, 2023), with a five percent increase in the salary set forth in Section 3 subject to a satisfactory evaluation.

SECTION 3: COMPENSATION FOR SERVICES PERFORMED
In return for performing the duties and responsibilities outlined in this Agreement, the CITY agrees to compensate JONES as provided herein:

A. SALARY:

1. CITY shall pay a monthly wage of $18,333.33 per month gross pay (equivalent to $220,000 annual salary). This position is exempt under the Fair Labor and Standards Act (FLSA) and California wage and hour laws, and therefore JONES will not be paid overtime compensation for any hours worked in excess of forty (40) hours per workweek. Payments for performance of services rendered will occur on a bi-weekly basis at the same time as regular employees of the City. Taxes and other legally required deductions will be deducted from JONES's compensation under this Agreement.

2. It is recognized that JONES must devote a great deal of time outside normal business hours to the business of CITY, and to that end JONES will be allowed to manage a reasonably flexible schedule during normal business hours. However, it is the intent of the City Council that JONES customarily maintains normal CITY business hours, and the flexible schedule shall in no way interfere with JONES’s ability to timely perform services to the CITY.

B. SALARY ADJUSTMENT:

CITY may increase JONES’s salary, or decrease JONES’s salary with the agreement of JONES, at a regularly scheduled meeting of the City Council.

C. SUPPLEMENTAL BENEFITS:

1. CITY shall provide the same type and extent of health, hospitalization, surgical, vision, dental and comprehensive medical insurance benefits for JONES and his eligible dependents as provided to CITY’S other Director level employees as such benefits may be amended from time to time.

2. CITY shall make a matching contribution to JONES’s deferred compensation plan in the amount up to $500 per month.

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3. JONES shall receive a one-time accrual of 80 hours of vacation as of June 2022. Thereafter, JONES shall accrue vacation at the rate of approximately 6.15 hours per pay period with a maximum accrual of 240 hours. Once JONES reaches 240 hours of accumulated vacation, he shall cease accruing vacation until his vacation leave balance is below 240 hours.

4. JONES shall accrue ninety-six (96) hours of paid sick leave per year, at the rate of approximately 3.7040 hours per pay period. Sick leave has no cash value, and JONES will not be compensated for any unused sick leave upon termination of employment for any reason.

5. JONES shall accrue administrative leave at the rate of approximately 3.704 hours per pay period (equivalent to 96 hours annually). Administrative leave does not accrue during unpaid leaves of absence.

6. Upon termination of employment for any reason (including termination, resignation, retirement, layoff, or death), JONES will be compensated for any accumulated, but unused, vacation time, floating holiday and administrative leave on the books on the date of termination.

7. CITY shall provide JONES long-term disability coverage. JONES shall pay any employee contribution at the same level as other Executive Management employees.

8. CITY shall provide JONES with term life insurance in the amount of $500,000. JONES shall pay any employee contribution at the same level as other Executive Management employees.

9. JONES shall be enrolled in the California Public Employees’ Retirement System (CalPERS) at the 2% @ age 62 formula. JONES shall pay the

6.75% employee contribution.

10. JONES's duties require that he will engage in travel while conducting City business. The CITY, in consideration of and compensation for JONES's travel for City business, both during and outside of normal business hours, shall pay JONES $400.00 per month as an automobile allowance. If JONES is required to travel more than sixty (60) miles round trip on CITY business, JONES may submit for mileage reimbursement at the current IRS rate. JONES will not be provided with a dedicated CITY vehicle.

11. CITY agrees to pay for reasonable CITY-related business expenses incurred by JONES.

12. CITY agrees to furnish JONES with a computer and software for his use in performance of his job-related activities. CITY shall pay JONES $40.00 per month as a phone allowance in recognition that JONES will use his personal smartphone in connection with CITY-related business.

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13. CITY shall pay or reimburse such professional licenses, dues, subscriptions and memberships to such organizations or agencies as JONES shall determine necessary to maintain professional relationships in appropriate national, regional, state and local associations as deemed desirable for continued professional growth, advancement and benefit to CITY.

14. CITY shall encourage attendance at the League of California Cities City Attorney conferences and participation in other City Attorney organizations and shall pay or reimburse JONES for continuing legal education.

15. JONES shall also receive any other retirement benefits not set forth herein that regular full-time employees receive. Any changes in retirement benefits that are made available to the other regular full-time employees during a fiscal year shall also be made available to JONES.

16. Unless in conflict with the express provisions of this Agreement, JONES shall receive all benefits provided to the CITY’S Executive Management employees. As used herein, benefits include, but are not limited to, paid holidays, retirement benefits and payments, health insurance, vision insurance, dental insurance and life insurance.

D. BONDING:

CITY will pay for the cost of fiduciary bonds required of JONES because of the exercise of his duties under this Agreement.

SECTION 4: RESIGNATION, TERMINATION. AND SEVERANCE
A. Resignation by JONES: JONES may resign at any time upon providing the CITY with at least thirty (30) days advance written notice of the effective date of his resignation. ln the event that JONES resigns, he shall not be entitled to any severance pay nor continued compensation and benefits, except as otherwise provided by law.

1. The CITY may determine, in its sole discretion, that JONES’s service shall be continued for an additional thirty (30) days (for a total of sixty (60) days before the effective date of JONES’s resignation) to adequately transition any ongoing work to the CITY'S new permanent or interim City Attorney. JONES shall during such continuation period perform sufficient work pursuant to the terms and conditions of this Agreement in order to provide for an orderly transition.

2. The CITY may determine, in its sole discretion, that JONES will serve all or part of the 30-day notice period in the status of paid administrative leave.

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3. The CITY may determine, in its sole discretion, that JONES's separation will be effective at a time prior to the end of the notice period, provided CITY pays JONES all compensation due and owing through the last day actually worked, plus an amount equal to the base salary and insurance benefits set forth in Section 3.C.1, above, JONES would have earned through the balance of the notice period.

B. TERMINATION BY THE CITY: JONES serves at the City Council's pleasure and may be terminated at any time, with or without cause. The City Council may terminate JONES's employment at any time upon written notice to JONES.

1. Subject to the limitations in Section 4,B.2, in the event JONES is terminated by the CITY without cause, the CITY agrees to pay JONES at the time of receipt of his last paycheck a lump sum cash payment equal to six (6) months of his monthly salary. However, in the event JONES is terminated because of his/her malfeasance in office, gross misconduct, conviction for a felony, or conviction for an illegal act involving personal gain to JONES, then Employer shall have no obligation to pay the termination benefits.

2. As a condition for CITY's full payment of severance benefits to JONES, JONES will:
a. Release and discharge CITY and its elected officials, appointed officers, employees, sub-contractors, agents, accounts, attorneys, successors and all other persons acting for, under, or in concert with CITY both past and present from any and all personal claims, demands, actions, causes of action,
obligations, damages, liabilities, losses, costs and expenses, including attorney's fees of any kind or nature whatsoever, past, present and future, arising from, relating to or in connection with any rights of JONES to (i) receive severance benefits under this Agreement, (ii) any right of employee to continued employment with CITY, and (iii) any claim, demand, or cause of action or damages for wrongful termination (collectively, the "Released Matters"); and
b. Agree to waive all claims, demands, actions, causes of action, obligations, liabilities, claims of credits or offsets, costs, and expenses, including attorney's fees, of any kind or nature whatsoever as to the Released Matters. As to the Released Matters only, JONES will acknowledge that he has read and understands California Civil Code S 1542 which currently states:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
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c. The parties agree that full payment of the severance benefits in this Agreement will act as a complete and total release of all future claims which may arise out of the Released Matters whether such claims are currently known or unknown, foreseen or unforeseen, contingent or absolute; and as to the Released Matters the parties intentionally and specifically waive any rights they may have under the provisions of Civil Code § 1542, as well as under any other statutes or common law principles of similar effect, and each party assumes full responsibility for such injuries, damages, losses or liabilities that any of them may hereafter incur with respect to the Released Matters.

3. ln the event JONES is terminated for cause the City shall have no obligation to pay the severance as set forth in Section 4.B.1, above.

C. If, as the result of long-term or permanent disability, sickness, accident, injury, mental incapacity, or other personal health-related reason, JONES is unable to perform his essential duties after exhausting all paid/unpaid leave under this Agreement or state or federal law, CITY will have the option to terminate JONES’s employment and this Agreement, subject to the severance payment requirements of this Agreement. ln exercising this option, the CITY will comply with its obligations under applicable state and federal disability and public retirement laws.

D. Any deliberations and decision by CITY regarding the termination of JONES's services shall be made in closed session in accordance with the Ralph M. Brown Act. Except where JONES is charged with or alleged to have committed criminal misconduct or acts involving moral turpitude, if CITY has decided to terminate JONES's services CITY shall provide JONES the opportunity to resign in lieu of being terminated, and the parties shall cooperate regarding public announcements regarding JONES's separation from CITY.

E. If a breach of contract is declared by either CITY or JONES, written notice of the breach shall be delivered to the parties as set forth in SECTION 10 of this Agreement, and there shall be a thirty (30) day "cure period" from the date of delivery of said notice for CITY or JONES to remedy the breach.

SECTION 5: OTHER TERMS AND CONDITIONS OF EMPLOYMENT
A. The City Council, by Resolution, shall fix any other terms and conditions of employment as it may determine from time to time relating to the performance of JONES provided such terms and conditions are not inconsistent with provisions of this Agreement or law.

B. Cost of Living Adjustments (COLAs), fringe benefits and working conditions applicable generally to employees of the Employer, as such rules now exist or hereinafter may be amended, shall also apply to the Employee, except where A-7974

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such fringe benefits and working conditions are inconsistent with the terms contained herein.

SECTION 6: INSURANCE
JONES shall maintain minimum automobile insurance coverage of: (a) ONE HUNDRED THOUSAND DOLLARS ($100,000.00) per person, THREE HUNDRED THOUSAND DOLLARS ($300,000.00) per any one occurrence; and (b) property damage coverage in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000.00) per occurrence.

SECTION 7: CONFLICT OF INTEREST
JONES, by executing this Agreement, certifies that at the time JONES signs this Agreement, and for the duration of same, JONES does not and will not perform services for any other client which would create a conflict, or the appearance of a conflict, whether monetary or otherwise, as between the interests of CITY hereunder, and the interests of such other client.

SECTION 8: ASSIGNMENT
The City Council is entering into this Agreement in consideration of the personal rendition of the services of JONES and JONES shall not assign any of the duties, responsibilities, or obligations of this Agreement except with the express written consent of the City Council.

SECTION 9: MISCELLANEOUS PROVISIONS
A. WAIVER: The acceptance of any services or the payment of any money by CITY shall not operate as a waiver of any provision hereof, or of any right to damages or indemnity stated herein. The waiver of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach of this Agreement.

B. MODIFICATION: No waiver or modification of this Agreement is valid unless made in writing and signed by all parties.

C. SEVERABILITY: In the event a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable the remaining provisions shall not be affected.

D. ENTIRE AGREEMENT: This Agreement sets forth the entire understanding between the parties.

E. HEADINGS: Paragraph headings are used for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this Agreement or any of its provisions.

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F. ATTORNEYS FEES AND VENUE: Should any party to this Agreement bring legal action against the other, (formal judicial proceeding, mediation or arbitration) for breach of this Agreement, the case shall be handled in Los Angeles County, California, and the party prevailing in such action shall be entitled to a reasonable attorney’s fee which shall be fixed by the judge, mediator or arbitrator hearing the case and such fee shall be included in the judgment, together with all costs.

G. CHOICE OF LAW: This Agreement is governed by and to be construed in accordance with the laws of the State of California.

H. CONFIDENTIALITY: JONES agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY'S prior written consent, any trade secret or confidential information. The covenants contained in this section shall survive the termination of this Agreement for whatever cause.

I. ARMS LENGTH NEGOTIATIONS: This Agreement has been negotiated at arm’s length and between persons sophisticated and knowledgeable in the matters dealt with in this Agreement. Accordingly, any rule of law (including California Civil Code § 1654) or legal decision that would require interpretation of the ambiguities in this Agreement against the party that has drafted it is not applicable and is hereby waived. The provisions of this Agreement shall be interpreted in a reasonable manner to affect the purposes of the parties in this Agreement.

J. INDEMNIFICATION & DUTY TO DEFEND: Except as otherwise permitted, provided, limited or required by law, including without limitation California Government Code Sections 825, 995, and 995.2 through 995.8, the City will defend and pay any costs and judgments assessed against JONES arising out of an act or omission by JONES occurring in the course and scope of JONES’s performance of his duties under this Agreement, except for civil, criminal or administrative actions solely and recklessly initiated by JONES. However, in the event the CITY provides funds for legal criminal defense pursuant to this section and terms of the Government Code, JONES shall reimburse the CITY for such legal criminal defense funds if JONES is convicted of a crime involving an abuse of office or position, as provided by Government Code Sections 53243 - 53243.4.

SECTION 10: NOTICES
Any notice given under this Agreement shall be in writing and considered given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follow:

TO THE CITY OF PALMDALE:

Mayor
City of Palmdale
38300 Sierra Hwy., Suite A
Palmdale, CA 93550
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TO JONES:

John L. Jones II
505 Anderson Way, #C
San Gabriel, CA 91776
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove written.

JOHN L. JONES II: CITY OF PALMDALE,
California Charter City:

By: _______________________ By: ____________________________ John L. Jones II Steven D. Hofbauer
Mayor
ATTEST:
_______________________________
Shanae Smith
City Clerk

Palmdale City CouncilJune 15, 2022

Palmdale City Council
June 15, 2022