Agenda packet, first session — Palmdale City Council, October 4, 2023 (part 2 of 2)

DISCUSSION
The grant application to the State of California was submitted in June 2023 with a draft resolution. As part of the federal grant fund application requirements, an adopted resolution is required. Grant application results will be announced in early 2024.

If awarded, the proposed improvements to the trail would include:
 Signage, including restoration of trail monument signs, educational signage, and trail markers
 Repair of broken and/or missing fence rails and posts  Additional trash receptacles and pet waste stations
 Trail and parking lot erosion control improvements
 Installation of swing gates

FISCAL IMPACT
The Recreational Trails Program (RTP) does not establish a maximum grant request amount but does require that the grant requests not exceed 88% of the total project cost.

This means the application requires a match of at least 12% of the total project cost.

Eligible match sources include state funds, local funds, private funds, donated materials and services, and other federal funds. If awarded, funds are available in the Measure A Maintenance Services fund balance and can be allocated to this project to cover the required City match funding. Total project costs are estimated in the table below:

Description of Work RTP Grant
Funding
City Match
Funding Total
Signage $39,600 $5,400 $45,000
Fence Repair $17,600 $2,400 $20,000
Trash Receptacles/Pet Waste Stations $6,160 $840 $7,000 Trail & Parking Lot Erosion Control Imp $35,200 $4,800 $40,000 Swing Gates $9,680 $1,320 $11,000
Labor Compliance $1,320 $180 $1,500
City Administration $5,280 $720 $6,000
Subtotal: $114,840 $15,660 $130,500
Note: This table is intended as an estimate; changes to these figures may and are expected to occur before and during construction.

Report to Mayor and City Council
Re: Adoption of Resolution No. CC 2023-054
October 4, 2023

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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: Lynn Glidden, P.E., Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, Interim City Attorney

ATTACHMENTS
Resolution No. CC 2023-054

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2023-054

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE

APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE
RECREATIONAL TRAILS PROGRAM.

WHEREAS, the Fixing America’s Surface Transportation Act (FAST-ACT) provides funds to the State of California for Grants to federal, state, local, and non- profit organizations to acquire, develop, and/or maintain motorized and non-motorized trail projects; and
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing Project Application under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify, by resolution, the approval of Application(s) of said Application(s) to the State; and
WHEREAS, the Applicant will enter into a Contract with the State of California to complete the Project is awarded.

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

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

SECTION 1 . Approves the filing of an Application for the Recreational Trails Program.

SECTION 2. Certifies that the Project is consistent with the Applicant’s general plan or the equivalent planning document.

SECTION 3 . Certifies that said Applicant has or will have available before the commencement of any work on the Project included in this Application, sufficient funds to operate and maintain the Project.

SECTION 4. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide.

Resolution No. CC 2023-054

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SECTION 5. Appoints the Director of Public Works as an agent to conduct all negotiations, and execute and submit all documents, including, but not limited to Applications, agreements, amendments, payment requests, and so on, which may be necessary for the completion of the Project.

SECTION 6. Agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines.

SECTION 7. The City Clerk shall certify the adoption of this resolution.

PASSED, APPROVED, and ADOPTED this 4th day of October, 2023. _________________________________
Approved as to form: Laura Bettencourt, Mayor
ATTEST:
___________________________ _________________________________ William P. Curley, III Rochelle Scott, Acting City Clerk Interim City Attorney
I, Rochelle Scott, Acting City Clerk 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 4 th day of October 2023 by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Rochelle Scott, Acting City Clerk
City Council Staff Report
DATE: OCTOBER 4, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS
DISTRICT: ALL
SUBJECT: ACCEPT A GRANT FOR $100,000 FROM ANTELOPE VALLEY AIR

QUALITY MANAGEMENT DISTRICT (AVAQMD) TO FUND A

RESIDENTIAL ELECTRIC VEHICLE CHARGING EQUIPMENT

PROGRAM
ISSUE
Accept a grant for $100,000 from Antelope Valley Air Quality Management District (AVAQMD) to a fund residential Electric Vehicle (EV) charging equipment program.

RECOMMENDATION
Staff recommends that the City Council:

1. Accept a $100,000 grant from AVAQMD through Agreement No. A-8541 to fund a residential EV charging equipment program.

2. Authorize the City Manager, or her designee, to negotiate and finalize Agreement No. A-8541 for grant funds from AVAQMD.

BACKGROUND
In early 2023, the United States Department of Energy (DOE) awarded the City a grant through its Energy Efficiency and Conservation Block Grant (EECBG). Staff has allocated $47, 390 to an at-home EV charging program through the Energy for Palmdale’s Independent Choice (EPIC) program. Under the “Your Ride is EPIC” program, the City will provide free at-home EV charging units to qualifying residential EPIC customers.

DISCUSSION
In discussions with AVAQMD, staff learned they could assist with subsidizing wall- mounted EV/PHEV charging units. By accepting the AVAQMD grant and the existing EECBG funding, the City can provide plug -in and wall-mounted units to qualifying residents.

Staff will prepare online information outlining the program on EPIC’s website. The information and online application for the program will ensure that all requirements Report to Mayor and City Council
Re: Acceptance of Grant Agreement No. A-8541
October 4, 2023

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established by EECBG and AVAQMD are met and addressed. EPIC will distribute the units to qualifying residents and will provide the units until funds have been depleted.

FISCAL IMPACT
The total funding available for this program is $147,390. The EECBG grant portion is budgeted in Account No. G0165241-724525-2421 and 241310-463000-2421. The AVAQMD grant will be budgeted in Account No. G0165205-724525 and 2053100- 462404. The city will purchase the equipment to be distributed to qualifying residents and provide a monthly invoice to AVAQMD to reimburse the grant funds.

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

D. Pursue alternative financing opportunities for continued infrastructure improvement 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.

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

B. Provide inclusive access to a variety of supportive services that build a resilient and healthy community.

ATTACHMENTS

1. AVAQMD Draft Agreement No. A-8541

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GRANT AGREEMENT BETWEEN CITY OF PALMDALE AND

ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT
This Grant Agreement AV0823#12 (“Agreement”) is made and entered into this 17th day of August, 2023, by and between the Antelope Valley Air Quality Management District (hereinafter “AVAQMD”) and City of Palmdale (hereinafter “Grantee and/or the City”). Grantee and AVAQMD are hereafter collectively referred to as "the Parties" and individually as “Party”.

WITNESSETH:

WHEREAS, on April 19, 2005 the AVAQMD established the Mobile Source Emission Reductions Program pursuant to the authority granted by the Legislature to air pollution control districts and air quality management districts (“Districts”) under the California Health & Safety Code Sections 44223 and 44225, which authorize the Districts to collect a registration surcharge fee on vehicles registered within the Districts; and
WHEREAS, pursuant to the Health & Safety Code, Section 44229, the surcharge may be used towards eligible clean air mobile source emission reduction projects such as alternative fuel and electric vehicle infrastructure projects; and
WHEREAS, Grantee submitted a proposal for grant funding to establish a resident ial electric vehicle charging program to offer, through their Community Choice Aggregation Program called Energy for Palmdale’s Independent Choice (EPIC) customers , free (or significantly discounted) , residential electric vehicle charging equipment (hereinafter “Program and/or the Program); and WHEREAS, Grantee will utilize the funding toward the purchase of Level-2 Wall-Mounted EV Chargers to be installed by licensed electricians; and
WHEREAS, AVAQMD staff has evaluated the Project based on the Mobile Source Emission Reductions Program criteria and found the Project to be eligible for grant funding; and WHEREAS, the AVAQMD Governing Board approved the proposed Program by Grantee; and WHEREAS, Grantee is qualified and experienced in its prof essional field and is able to perform the activities described in the proposal also described in Exhibit A (also referred to as Scope of Work) attached hereto and incorporated herein by this reference. //

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NOW THEREFORE, in consideration of the mutual covenants and conditions listed below, the Parties agree as follows:

GRANT TERMS AND CONDITIONS

1. Due Diligence: Upon the commencement of the T erm of this Agreement, Grantee agrees to proceed with due diligence to perform the Scope of Work.

2. Purpose: The purpose of this Agreement is to provide grant funding toward the purchase and installation of Level-2 Wall -Mounted EV Chargers for EPIC customers . Grantee shall implement the Program as proposed and pursuant to the Scope of Work.

3. Schedule: Grantee shall follow the general schedule specified in the Scope of Work

4. Term: This Agreement shall commence on the date it is fully executed and shall terminate one (1) year after program funds are depleted or later if approved in writing by the AVAQMD. During the Term, either the AVAQMD or the California Air Resources Board (“CARB ”) or their designee has, upon adequate notice as provided in Paragraph 9, the right to inspect the Project, enforce the provisions 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.

5. Project Award: The total payment to Grantee shall not exceed One Hundred Thousand Dollars ($100,000), also described in the Scope of Work, to be used towards the purchase and installation of Level- 2 Wall-Mounted EV Chargers.
a. Payments.
i. AVAQMD shall not make any advance payment under this Agreement . Grantee will submit a monthly invoice along with a list that includes each participant’s name and address along with a copy of receipt(s) for purchased Level-2 Wall-Mounted EV Chargers and proof of installation performed by a licensed electrician. Invoices may be submitted to AVAQMD, Attention: Julie McKeehan via electronic mail, personally de livered, courier service or united states postal service.
b. Close-out Period.
i. All final invoices shall be submitted by Grantee within sixty (6 0) days following the completion of the Program . AVAQMD shall have no obligation to pay or take any

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action on an invoice submitted after the 60-day close-out period.

6. 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.

7. 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 the Grant;
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.
b. In no event shall any reimbursement 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

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shall such reimbursement impair or prejudice any remedy available to AVAQMD with respect to the breach or default. AVAQMD shall have the right to demand of Grantee R epayment 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 submit repayment of any funds issued upon written demand by AVAQMD. c. In addition to immediate suspe nsion or termination, AVAQMD may seek any other remedies available at law, in equity, or otherwise specified in this Agreement. d. Termination Without Cause: In the event of unavailability of funds because of fault or no fault of either P arty, 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. e. Termination For Cause: AVAQMD may terminate this Agreement upon the conviction for any criminal act by Grantee, its agents, officers and employees if such criminal act directly relates to the Project that is the subject of this Agreement.

8. 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 by a third party due to the third party’s use of the Project equipment 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.

9. Audits, Inspections and Reports:
a. During the Term, either or both the AVAQMD and CARB or their designee shall have the right to inspect the Project, enforce the terms of this Agreement, and pursue recapture of funds for any noncompliance with the terms and conditions of this Agreement. Grantee shall make available to AVAQMD at any time during regular business hours following a three (3) day notice from the AVAQMD, and as oft en as AVAQMD may deem necessary, all of its records and data for examination related to the Project. Grantee shall allow AVAQMD upon a three (3) day advance

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request, at AVAQMD’s cost, to audit and inspect all 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 by AVAQMD to determine if the funds received by Grantee were spent for the Project in accordance with this Agreement. If after said audit AVAQMD makes a determination that the Grant was not spent in conformance with this Agreement , 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 retain all records and data for activities performed under this Agreement for at least three (3) years after the termination or expiration of this Agreement or until all state and federal audits are completed, whichever is later.

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

City of Palmdale
Rhonda Perez
Acting City Manager
38300 Sierra Highway
Palmdale, CA 93550

AVAQMD
Julie McKeehan
Grants Analyst
2551 West Avenue H, Ste. 102
Lancaster, CA 93536

AVAQMD
Barbara Lods
Executive Director
2551 West Avenue H, Ste. 102
Lancaster, CA 93536

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 via electronic mail, personally delivered, courier service or united states postal service addressed to such party.

11. 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.

12. 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.

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13. 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.

14. Succession:
a. Each Party and its respective partners, successors, and legal representatives, and to the extent permitted herein the assigns, are hereby bound to the other Party and its partners, successors, legal representatives and assigns, with respect to all covenants and obligations under this Agreement.
b. Neither Party shall assign, sublet or transfer any rights or obligations under this Agreement without the prior written consent of the other. However, Grantee is authorized to use employees of or assign this Agreement to an affiliate as it may deem appropriate to assist in the completion of the Project or as a result of an internal reorganization. d. Grantee shall not sell or otherwise modify the Project , during the Term of the Agreement without prior written authorization from the AVAQMD.

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

16. Benefit to Parties: Nothing contained in this Agreement shall 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.

17. Change in Scope of Work: Changes or amendments to the Project proposal as it exists at the time the AVAQMD Governing Board awards the Grant, includi ng any increase or decrease in the Grant amount, and any changes in a material term of this Agreement , shall only be effective upon the written agreement of AVAQMD and Grantee, and shall only be effective by a duly-executed written amendment to this Agreement.

18. 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

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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.

19 .

Captions
: The
P
aragraph captions of this
Agreement

are for convenience only and
shall have no
effect on its
construction or
interpretation.

2 0
.

Entire
Agreement
: This
Agreement
, together with the
Project

proposal

and Exhibit A, constitutes
the entire
Agreement

between the Parties and 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.

2 1
.

Rights to Emission Reductions:

Grant funded projects

cannot generate Emission Reduction
Credits (ERCs) pursuant to A
VAQMD Regulation XIV or be used for
emission
offsets pursuant to
AVAQMD
Regulation XIII.

Additionally, Grantee shall disclose during the term of this Agreement any federal or State
claims to
emission reduction
s and/
or carbon credits
.

2 2
.

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

BARBARA LODS

RHONDA PEREZ

Executive

Director

Dated:

City Manager

Dated:

Approved as to Legal Form:
_________________________________

WILLIAM P. CURLEY, III
Interim City Attorney
Dated:

____________________________

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Attest:

ROXANNE FABER
Acting City Clerk

END OF CONTRACT
City Council Staff Report
DATE: OCTOBER 4, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION
DISTRICT: 4
SUBJECT: NOTICE OF COMPLETION – ACCEPT PUBLIC IMPROVEMENTS FOR TRACT 60028 LOCATED BETWEEN 67TH STREET EAST AND
70TH STREET EAST AT AVENUE R-4
ISSUE
Notice of Completion – Accept Public Improvements for Tract 60028 located between 67th Street East and 70th Street East at Avenue R-4.

RECOMMENDATION
Staff recommends that the City Council:

1. Accept the completed public improvements for Tract 60028 located between 67th Street East and 70th Street East at Avenue R-4.

2. Authorize the City Manager or h er designee to file a Notice of Completion and release the security for the completed public improvements.

BACKGROUND
This project constructed street improvements, including curbs, gutters, sidewalks, streetlights, pavement, and landscape on 70th Street East and within Tract 60028 . The public improvements have been installed per the approved construction plan, inspected, and approved by City Public Works inspection staff.

DISCUSSION
The required public improvements for the project listed in Exhibit “A” and shown in Exhibit “B” have been completed to the satisfaction of the City Engineer as required in the Subdivision/Development Improvement Agreement between the developer and the City. This Council action will accept the public improvements as complete and will begin a one-year period, thereafter transferring maintenance responsibility of these improvements from the developer to the City of Palmdale. This Council action will also initiate the City ’s release of applicable securities posted for this project in accordance Report to Mayor and City Council
Re: Acceptance of Completed Public Improvements
October 4, 2023

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with the City’s subdivision regulations. This action is being taken pursuant to Section

16.110.060 of the City’s Municipal Code.

FISCAL IMPACT
The City’s maintenance costs will incrementally increase as a result of acceptance of these improvements.

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.

ATTACHMENTS

1. Exhibit A – List of Completed Public Improvements

2. Exhibit B – Site Map Location

3. Notice of Completion – Tract 60028 Street Improvements

EXHIBIT A

LIST OF COMPLETED PUBLIC IMPROVEMENTS
Tract/Project Plan # Quantity Security

Tract 60028 ST 19-20 124,505 SF $210,500

EXHIBIT B

SITE MAP

RECORDING REQUESTED BY:

CITY OF PALMDALE
WHEN RECORDED MAIL TO:

CITY OF PALMDALE

OFFICE OF THE CITY CLERK
38300 SIERRA HIGHWAY, SUITE C
PALMDALE, CA 93550
Space above this line is for Recorder’s Use

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, is hereby given that:

1. The undersigned is owner or corporate officer of the interest or estate stated below in the property hereinafter described.

2. The full name of the owner is City of Palmdale, a Municipal Corporation.

3. The full address of the owner is 38300 Sierra Highway, Palmdale, CA 93550.

4. The nature of interest or estate of the owner is: Street Improvements-Tract 60028.

5. A work of improvement on the property hereinafter described was completed on August 01, 2023

6. The work done was: “ Street Improvements-Tract 60028”,

7. The name of the Contractor for such work of improvement: Richmond American Homes of MD, Inc.

8. The property on which said work of improvement was completed is in the City of Palmdale, County of Los Angeles, State of California, and is described as follows: located between 67th East and 70th East @ Avenue R-4.

9. The address of said property is: Tract 60028.

Dated: October 04, 2023

CITY OF PALMDALE
Guillermo I. Padilla, City Engineer
____________________________________________________________________________

VERIFICATION
I, the undersigned, say: I am the City Engineer, the declarant of the foregoing notice of completion; I have read the said notice of completion and know the contents thereof; the same is true of my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on October 04, 2023, in the City of Palmdale, California.

Guillermo I. Padilla, City Engineer
City Council Staff Report
DATE: OCTOBER 4, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION
DISTRICT: 4
SUBJECT: NOTICE OF COMPLETION – ACCEPT PUBLIC IMPROVEMENTS FOR TRACT 60028-1 LOCATED AT THE SOUTHEAST CORNER OF
AVENUE R & 65TH STREET EAST.

ISSUE
Notice of Completion – Accept Public Improvements for Tract 60028-1 located at the southeast corner of Avenue R and 65th Street East.

RECOMMENDATION
Staff recommends that the City Council:

1. Accept the completed public improvements for Tract 60028 -1 located at the southeast corner of Avenue R and 65th Street East.

2. Authorize the City Manager or h er designee to file a Notice of Completion and release the security for the completed public improvements.

BACKGROUND
This project constructed street improvements, including curb, gutter, sidewalk, streetlights, pavement, and landscaping on Avenue R and 65th Street East and within Tract 60028 -1. The public improvements have been installed per the approved construction plan, inspected, and approved by City Public Works inspection staff.

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with the City’s subdivision regulations. This action is being taken pursuant to Section

16.110.060 of the City’s Municipal Code.

FISCAL IMPACT
The City’s maintenance costs will incrementally increase as a result of acceptance of these improvements.

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.

ATTACHMENTS

1. Exhibit A – List of Completed Public Improvements

2. Exhibit B – Site Map Location

3. Notice of Completion – Tract 60028-1 Street Improvements

EXHIBIT A

LIST OF COMPLETED PUBLIC IMPROVEMENTS
Tract/Project Plan # Quantity Security

Tract 60028-1 ST 18 -33 66,431 SF $292,900

EXHIBIT B

SITE MAP

RECORDING REQUESTED BY:

CITY OF PALMDALE
WHEN RECORDED MAIL TO:

CITY OF PALMDALE

OFFICE OF THE CITY CLERK
38300 SIERRA HIGHWAY, SUITE C
PALMDALE, CA 93550
Space above this line is for Recorder’s Use

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, is hereby given that:

1. The undersigned is owner or corporate officer of the interest or estate stated below in the property hereinafter described.

2. The full name of the owner is City of Palmdale, a Municipal Corporation.

3. The full address of the owner is 38300 Sierra Highway, Palmdale, CA 93550.

4. The nature of interest or estate of the owner is: Street Improvements-Tract 60028-1.

5. A work of improvement on the property hereinafter described was completed on August 01, 2023

6. The work done was: “ Street Improvements-Tract 60028-1”,

7. The name of the Contractor for such work of improvement: Richmond American Homes of MD, Inc.

8. The property on which said work of improvement was completed is in the City of Palmdale, County of Los Angeles, State of California, and is described as follows: Southeast corner of Avenue R and 65th Street East.

9. The address of said property is: Tract 60028-1.

Dated: October 4, 2023

CITY OF PALMDALE
Guillermo I. Padilla, City Engineer
____________________________________________________________________________

I declare under penalty of perjury that the foregoing is true and correct.

Executed on October 4, 2023, in the City of Palmdale, California.

Guillermo I. Padilla, City Engineer
City Council Staff Report
DATE: OCTOBER 4, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION
DISTRICT: 4
SUBJECT: NOTICE OF COMPLETION – ACCEPT PUBLIC IMPROVEMENTS FOR TRACT 60028-2 LOCATED AT THE SOUTHWEST CORNER OF
AVENUE R & 70TH STREET EAST.

ISSUE
Notice of Completion – Accept Public Improvements for Tract 60028-2 located at the southwest corner of Avenue R and 70th Street East.

RECOMMENDATION
Staff recommends that the City Council:

1. Accept the completed public improvements for Tract 60028 -2 located at the southwest corner of Avenue R and 70th Street East.

2. Authorize the City Manager or h er designee to file a Notice of Completion and release the security for the completed public improvements.

BACKGROUND
This project constructed street improvements, including curb, gutter, sidewalk, streetlights, pavement, and landscaping on Avenue R and 70th Street East and within Tract 60028 -2. The public improvements have been installed per the approved construction plan, inspected, and approved by City Public Works inspection staff.

Page 2 ends

with the City’s subdivision regulations. This action is being taken pursuant to Section

16.110.060 of the City’s Municipal Code.

FISCAL IMPACT
The City’s maintenance costs will incrementally increase as a result of acceptance of these improvements.

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.

ATTACHMENTS

1. Exhibit A – List of Completed Public Improvements

2. Exhibit B – Site Map Location

3. Notice of Completion – Tract 60028-2 Street Improvements

EXHIBIT A

LIST OF COMPLETED PUBLIC IMPROVEMENTS
Tract/Project Plan # Quantity Security

Tract 60028-2 ST 19 - 16 70,980 SF $115,800

EXHIBIT B

SITE MAP

RECORDING REQUESTED BY:

CITY OF PALMDALE
WHEN RECORDED MAIL TO:

CITY OF PALMDALE

OFFICE OF THE CITY CLERK
38300 SIERRA HIGHWAY, SUITE C
PALMDALE, CA 93550
Space above this line is for Recorder’s Use

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, is hereby given that:

1. The undersigned is owner or corporate officer of the interest or estate stated below in the property hereinafter described.

2. The full name of the owner is City of Palmdale, a Municipal Corporation.

3. The full address of the owner is 38300 Sierra Highway, Palmdale, CA 93550.

4. The nature of interest or estate of the owner is: Street Improvements-Tract 60028-2.

5. A work of improvement on the property hereinafter described was completed on August 01, 2023

6. The work done was: “ Street Improvements-Tract 60028-2”,

7. The name of the Contractor for such work of improvement: Richmond American Homes of MD, Inc.

8. The property on which said work of improvement was completed is in the City of Palmdale, County of Los Angeles, State of California, and is described as follows: Southwest corner of Avenue R and 70th Street East.

9. The address of said property is: Tract 60028-2.

Dated: October 04, 2023

CITY OF PALMDALE
Guillermo I. Padilla, City Engineer
____________________________________________________________________________

I declare under penalty of perjury that the foregoing is true and correct.

Executed on October 04, 2023, in the City of Palmdale, California.

Guillermo I. Padilla, City Engineer
City Council Staff Report
DATE: OCTOBER 4, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT

MAINTENANCE DIVISION
DISTRICT: ALL
SUBJECT: AWARD IFB NO. 23-001-3610 PROFESSIONAL ARBORICULTURAL

SERVICES AND APPROVE AGREEMEN T WITH TIP TOP
ARBORISTS, INC. IN AN AMOUNT NOT TO EXCEED $2,750,000
OVER A FIVE-YEAR TERM.

ISSUE
Award IFB No. 23 -001-3610 Professional Arboricultural Services and Approve Agreement with Tip Top Arborists, Inc. in an amount not to exceed $2,750,000 over a five-year term.

RECOMMENDATION
Staff recommends that the City Council:

1. Award IFB No. 23-001-3610 for Professional Arboricultural Services to Tip Top Arborists, Inc.

2. Approve Agreement No. A-8507 with Tip Top Arborists, Inc. in an amount not to exceed $2,750,000 over a five-year term.

3. Authorize the City Manager, or her designee, to execute Agreement No. A-8507 with Tip Top Arborists, Inc., including non-substantive changes.

BACKGROUND
The City administers service agreements with contractors specializing in various professional disciplines to assist with department operations, such as arboricultural services.

The p rofessional arboricultural service contract is utilized to support the City's Urban Forestry Programs in Parks and Facility Grounds, General Benefit Landscapes (including landscaped medians), Fairway Business Park, Park and Rides, Palmdale Transportation Center, Landscape Assessment Districts, and street right of ways. The contractor will also provide select services and/or ornamental abatement for the Housing Division, Housing Report to Mayor and City Council
Re: Award IFB No. 23-001-3610; Approve Agreement No. A-8507 with Tip Top Arborists, Inc.

October 4, 2023

Page 2 ends

Authority, and private property and/or vacant parcels as deemed necessary by the Community Compliance Division.

These arboricultural services include as-requested tree pruning, tree removals, stump grinding, tree inventory data collection, required work zone temporary traffic control, and tree hazard risk assessments.

The services provided by the arboricultural contractor are used in conjunction with work performed by City staff to meet increasing service demands, address deferred maintenance, and further the efficiency of operations to maintain safe and attractive facilities, public spaces, and infrastructure for the community.

DISCUSSION
The City released Invitation for Bid (IFB) No. 23-001-3610 for Professional Arboricultural Services on April 26, 2023. Notification of the IFB release was sent electronically to 48 registered vendors on PlanetBids. The solicitation was also posted on the City’s website and published in the Antelope Valley Press.

Five (5) responses were received on June 7, 2023 as shown below:

BIDDER LOCATION

1. Mariposa Landscape, Inc. Irwindale, CA

2. Tip Top Arborists, Inc. Lancaster, CA

3. West Coast Arborists, Inc. Santa Clarita, CA

4. Green Valley Tree Care, Inc. Granada Hills, CA

5. Thrifty Tree Service, Inc. Tarzana, CA
Each prospective bidder demonstrated that they met and/or exceeded the required qualifications and abilities to perform the requested services outlined in the Invitation for Bids. As a bid requirement, the bidders were to provide itemized unit pricing for landscape work. It was determined that Mariposa Landscape and Tip Top Arborists, Inc. had the lowest responsive pricing.

Maintenance and Purchasing staff determined it would be in the best interest of the City to split the contract equally between the top two bidders. This would allow for operations flexibility and provide citywide scheduling and mobilization benefits.

On June 26, 2023, a Notice of Intent to Multiple Award was issued to Mariposa Landscape, Inc. and Tip Top Arborists, Inc. However, Mariposa Landscape, Inc. withdrew its bid, resulting in the full award to Tip Top Arborists, Inc.

Report to Mayor and City Council
Re: Award IFB No. 23-001-3610; Approve Agreement No. A-8507 with Tip Top Arborists, Inc.

October 4, 2023

Page 3 ends

FISCAL IMPACT
The total contract cost for Professional Arboricultural Services is for an amount not to exceed $2,750,000, over a five-year term, with an estimated cost of $550,000 each fiscal year. This contract estimate was determined based on the IFB’s service item costs and anticipated program needs.

Sufficient funds are budgeted and available in fiscal year 2023-24, and funds for future years will be incorporated in the annual operating budget. Funds are budgeted under Contract Services lines in the following accounts: Park Maintenance (10133002); General Benefit Landscape Areas (10133003); Landscape Assessment Districts (25133003); Palmdale Transportation Center and Park-N-Rides (20333005); Street Maintenance (20733001); Housing Authority; and Community Compliance.

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

B. 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.

ATTACHMENTS

1. IFB No. 23-001-3610 Professional Arboricultural Services Bid Tabulation

2. Agreement No. A-8507 Tip Top Arborists, Inc.

RFP 23-001-3610 Professional Arboricultural Services
Bid Tabulation
U/M YEAR 1
FY 23/24
YEAR 2
FY 24/25
YEAR 3
FY 25/26
YEAR 4
FY 26/27
YEAR 5
FY 27/28
Hourly Rate 125.00$ 128.00$ 131.00$ 134.00$ 137.00$ Hourly Rate 200.00$ 203.00$ 206.00$ 209.00$ 212.00$ Hourly Rate 125.00$ 128.00$ 131.00$ 134.00$ 137.00$ Hourly Rate
Hourly Rate 97.00$ 100.00$ 103.00$ 106.00$ 109.00$ Hourly Rate 91.00$ 94.00$ 97.00$ 100.00$ 103.00$ Hourly Rate 86.00$ 89.00$ 92.00$ 95.00$ 98.00$ SERVICE U/M YEAR 1
FY 23/24
YEAR 2
FY 24/25
YEAR 3
FY 25/26
YEAR 4
FY 26/27
YEAR 5
FY 27/28
TERM
TOTAL
A. TREE PRUNING SERVICES
1 Maintenance Prune 1" - 12" DBH per tree 146.00$ 150.00$ 155.00$ 160.00$ 165.00$ 776.00$ 2 Maintenance Prune 13" - 24" DBH per tree 290.00$ 295.00$ 300.00$ 305.00$ 310.00$ 1,500.00$ 3 Maintenance Prune 25"+ DBH per tree 320.00$ 325.00$ 330.00$ 335.00$ 340.00$ 1,650.00$ 4 Maintenance Prune with Crown Reduction 1" - 12" DBH per tree 146.00$ 150.00$ 155.00$ 160.00$ 165.00$ 776.00$ 5 Maintenance Prune with Crown Reduction 13" - 24" DBH per tree 290.00$ 295.00$ 300.00$ 305.00$ 310.00$ 1,500.00$ 6 Maintenance Prune with Crown Reduction 25"+ DBH per tree 320.00$ 325.00$ 330.00$ 335.00$ 340.00$ 1,650.00$ 7 Palm Tree Prune 1" - 30" DBH per palm 135.00$ 135.00$ 135.00$ 135.00$ 135.00$ 675.00$ 8 Palm Tree Prune 31" - 55" DBH per palm 65.00$ 65.00$ 65.00$ 65.00$ 65.00$ 325.00$ 9 Palm Tree Prune 56"+ DBH per palm 10.00$ 10.00$ 10.00$ 10.00$ 10.00$ 50.00$ TOTALS: 1,722.00$ 1,750.00$ 1,780.00$ 1,810.00$ 1,840.00$ 8,902.00$ B. TREE REMOVAL & STUMP GRINDING SERVICES
1 Tree Removal 1" - 12" DBH per tree 200.00$ 210.00$ 220.00$ 230.00$ 240.00$ 1,100.00$ 2 Tree Removal 13" - 24" DBH per tree 535.00$ 550.00$ 565.00$ 580.00$ 595.00$ 2,825.00$ 3 Tree Removal 25"+ DBH per tree 900.00$ 930.00$ 960.00$ 990.00$ 1,020.00$ 4,800.00$ 4 Stump Grinding 1" - 12" per stump 125.00$ 130.00$ 135.00$ 140.00$ 145.00$ 675.00$ 5 Stump Grinding 13" - 24" per stump 165.00$ 180.00$ 195.00$ 210.00$ 215.00$ 965.00$ 6 Stump Grinding 25"+ per stump 300.00$ 315.00$ 330.00$ 345.00$ 360.00$ 1,650.00$ TOTALS: 2,225.00$ 2,315.00$ 2,405.00$ 2,495.00$ 2,575.00$ 12,015.00$ C. INVENTORY DATA COLLECTION SERVICES
1 Tree Inventory Data Collection per tree 13.00$ 13.00$ 13.00$ 13.00$ 13.00$ 65.00$ 2 Tree Inventory Data Collection per hour 100.00$ 102.00$ 104.00$ 106.00$ 108.00$ 520.00$ TOTALS: 113.00$ 115.00$ 117.00$ 119.00$ 121.00$ 585.00$ D. TREE RISK ASSESSMENTS SERVICES
1 Level 2: Basic Tree Hazard Risk Assessment per tree 100.00$ 100.00$ 100.00$ 100.00$ 100.00$ 500.00$ 2 Level 3: Advanced Tree Risk Assessment
Decay Detection Climbing Inspection w/ Resistograph
Resistance Drilling
per hour 142.00$ 144.00$ 146.00$ 148.00$ 150.00$ 730.00$ 3 Level 3: Advanced Tree Risk Assessment
Decay Detection w/ 2 Trunk Sonic Tomography Scans
per hour 142.00$ 144.00$ 146.00$ 148.00$ 149.00$ 729.00$ 4 Level 3: Advanced Tree Risk Assessment
Air Spade Root Inspection and Evaluation
per hour 90.00$ 93.00$ 96.00$ 99.00$ 102.00$ 480.00$ TOTALS: 474.00$ 481.00$ 488.00$ 495.00$ 501.00$ 2,439.00$ E.
1 Emergency call out: Weekdays 7:00 a.m. to 5:00 p.m.
(Operating Hours)
per hour 260.00$ 265.00$ 270.00$ 275.00$ 280.00$ 1,350.00$ 2 Emergency call out: Weekdays 5:00 p.m. to 7:00 a.m.
(After-Hours)
per hour 285.00$ 290.00$ 295.00$ 300.00$ 305.00$ 1,475.00$ 3 Emergency call out: Weekends Anytime per hour 285.00$ 290.00$ 295.00$ 300.00$ 305.00$ 1,475.00$ 4 Emergency call out: Holidays Anytime per hour 285.00$ 290.00$ 295.00$ 300.00$ 305.00$ 1,475.00$ TOTALS: 1,115.00$ 1,135.00$ 1,155.00$ 1,175.00$ 1,195.00$ 5,775.00$ F. LABOR RATES
1 Senior Tree Trimmer per hour 97.00$ 100.00$ 103.00$ 106.00$ 109.00$ 515.00$ 2 Tree Trimmer per hour 91.00$ 94.00$ 97.00$ 100.00$ 103.00$ 485.00$ 3 Groundsperson per hour 86.00$ 89.00$ 92.00$ 95.00$ 98.00$ 460.00$ 4 I.S.A. TRAQ Qualified Certified Arborist per hour 100.00$ 103.00$ 105.00$ 107.00$ 109.00$ 524.00$ TOTALS: 374.00$ 386.00$ 397.00$ 408.00$ 419.00$ 1,984.00$ $31,700.00Sum Total
EMERGENCY RESPONSE Emergency Response includes 1 Aerial Lift Forestry Truck w/ Chipper and 3-Man Crew (4 hour minimum) Trimmer
Grounds Person
Classification = Tree Maintenance Laberor
Senior Trimmer
Journeyman
Apprentice Journeyman
DIR Labor Classifications: Please indicate the Contractor Craft Classification. Labor Rate table may be duplicated for additional Contractor Craft Classifications if needed.

Supervisor
DIR Labor Classifications
Mariposa Landscape, Inc.
1 of 5
RFP 23-001-3610 Professional Arboricultural Services
Bid Tabulation
U/M YEAR 1
FY 23/24
YEAR 2
FY 24/25
YEAR 3
FY 25/26
YEAR 4
FY 26/27
YEAR 5
FY 27/28
Hourly Rate 85.00$ 88.00$ 91.00$ 94.00$ 97.00$ Hourly Rate 65.00$ 82.00$ 85.00$ 88.00$ 92.00$ Hourly Rate 65.00$ 75.00$ 80.00$ 83.00$ 86.00$ Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
SERVICE U/M YEAR 1
FY 23/24
YEAR 2
FY 24/25
YEAR 3
FY 25/26
YEAR 4
FY 26/27
YEAR 5
FY 27/28
TERM
TOTAL
A. TREE PRUNING SERVICES
1 Maintenance Prune 1" - 12" DBH per tree 99.00$ 105.00$ 110.00$ 115.00$ 120.00$ 549.00$ 2 Maintenance Prune 13" - 24" DBH per tree 175.00$ 180.00$ 185.00$ 190.00$ 195.00$ 925.00$ 3 Maintenance Prune 25"+ DBH per tree 215.00$ 220.00$ 225.00$ 230.00$ 235.00$ 1,125.00$ 4 Maintenance Prune with Crown Reduction 1" - 12" DBH per tree 99.00$ 105.00$ 110.00$ 115.00$ 120.00$ 549.00$ 5 Maintenance Prune with Crown Reduction 13" - 24" DBH per tree 300.00$ 350.00$ 400.00$ 450.00$ 500.00$ 2,000.00$ 6 Maintenance Prune with Crown Reduction 25"+ DBH per tree 400.00$ 450.00$ 475.00$ 500.00$ 550.00$ 2,375.00$ 7 Palm Tree Prune 1" - 30" DBH per palm 95.00$ 95.00$ 95.00$ 95.00$ 95.00$ 475.00$ 8 Palm Tree Prune 31" - 55" DBH per palm 95.00$ 95.00$ 95.00$ 95.00$ 95.00$ 475.00$ 9 Palm Tree Prune 56"+ DBH per palm 95.00$ 95.00$ 95.00$ 95.00$ 95.00$ 475.00$ TOTALS: 1,573.00$ 1,695.00$ 1,790.00$ 1,885.00$ 2,005.00$ 8,948.00$ B. TREE REMOVAL & STUMP GRINDING SERVICES
1 Tree Removal 1" - 12" DBH per tree 255.00$ 260.00$ 265.00$ 270.00$ 275.00$ 1,325.00$ 2 Tree Removal 13" - 24" DBH per tree 525.00$ 530.00$ 535.00$ 540.00$ 545.00$ 2,675.00$ 3 Tree Removal 25"+ DBH per tree 1,100.00$ 1,250.00$ 1,350.00$ 1,400.00$ 1,450.00$ 6,550.00$ 4 Stump Grinding 1" - 12" per stump 95.00$ 95.00$ 95.00$ 95.00$ 95.00$ 475.00$ 5 Stump Grinding 13" - 24" per stump 110.00$ 110.00$ 110.00$ 110.00$ 110.00$ 550.00$ 6 Stump Grinding 25"+ per stump 150.00$ 150.00$ 150.00$ 150.00$ 150.00$ 750.00$ TOTALS: 2,235.00$ 2,395.00$ 2,505.00$ 2,565.00$ 2,625.00$ 12,325.00$ C. INVENTORY DATA COLLECTION SERVICES
1 Tree Inventory Data Collection per tree 4.50$ 4.50$ 4.50$ 4.50$ 4.50$ 22.50$ 2 Tree Inventory Data Collection per hour 75.00$ 75.00$ 75.00$ 75.00$ 75.00$ 375.00$ TOTALS: 79.50$ 79.50$ 79.50$ 79.50$ 79.50$ 397.50$ D. TREE RISK ASSESSMENTS SERVICES
1 Level 2: Basic Tree Hazard Risk Assessment per tree 85.00$ 85.00$ 85.00$ 85.00$ 85.00$ 425.00$ 2 Level 3: Advanced Tree Risk Assessment
Decay Detection Climbing Inspection w/ Resistograph
Resistance Drilling
per hour 125.00$ 125.00$ 125.00$ 125.00$ 125.00$ 625.00$ 3 Level 3: Advanced Tree Risk Assessment
Decay Detection w/ 2 Trunk Sonic Tomography Scans
per hour 150.00$ 150.00$ 150.00$ 150.00$ 150.00$ 750.00$ 4 Level 3: Advanced Tree Risk Assessment
Air Spade Root Inspection and Evaluation
per hour 200.00$ 200.00$ 200.00$ 200.00$ 200.00$ 1,000.00$ TOTALS: 560.00$ 560.00$ 560.00$ 560.00$ 560.00$ 2,800.00$ E.
1 Emergency call out: Weekdays 7:00 a.m. to 5:00 p.m.
(Operating Hours)
per hour 250.00$ 250.00$ 250.00$ 250.00$ 250.00$ 1,250.00$ 2 Emergency call out: Weekdays 5:00 p.m. to 7:00 a.m.
(After-Hours)
per hour 300.00$ 300.00$ 300.00$ 300.00$ 300.00$ 1,500.00$ 3 Emergency call out: Weekends Anytime per hour 300.00$ 300.00$ 300.00$ 300.00$ 300.00$ 1,500.00$ 4 Emergency call out: Holidays Anytime per hour 325.00$ 325.00$ 325.00$ 325.00$ 325.00$ 1,625.00$ TOTALS: 1,175.00$ 1,175.00$ 1,175.00$ 1,175.00$ 1,175.00$ 5,875.00$ F. LABOR RATES
1 Senior Tree Trimmer per hour 85.00$ 88.00$ 91.00$ 92.00$ 95.00$ 451.00$ 2 Tree Trimmer per hour 80.00$ 82.00$ 85.00$ 87.00$ 89.00$ 423.00$ 3 Groundsperson per hour 75.00$ 77.00$ 80.00$ 82.00$ 85.00$ 399.00$ 4 I.S.A. TRAQ Qualified Certified Arborist per hour 95.00$ 100.00$ 105.00$ 105.00$ 105.00$ 510.00$ TOTALS: 335.00$ 347.00$ 361.00$ 366.00$ 374.00$ 1,783.00$ $32,128.50

98.66629317
Difference from previous bid: -$428.50
Sum Total
EMERGENCY RESPONSE Emergency Response includes 1 Aerial Lift Forestry Truck w/ Chipper and 3-Man Crew (4 hour minimum) Journeyman
Apprentice Journeyman
DIR Labor Classifications: Please indicate the Contractor Craft Classification. Labor Rate table may be duplicated for additional Contractor Craft Classifications if needed.

Supervisor
DIR Labor Classifications
Tip Top Arborist
2 of 5
RFP 23-001-3610 Professional Arboricultural Services
Bid Tabulation
U/M YEAR 1
FY 23/24
YEAR 2
FY 24/25
YEAR 3
FY 25/26
YEAR 4
FY 26/27
YEAR 5
FY 27/28
Hourly Rate 100.00$ 103.00$ 106.00$ 109.00$ 112.00$ Hourly Rate 100.00$ 103.00$ 106.00$ 109.00$ 112.00$ Hourly Rate 100.00$ 103.00$ 106.00$ 109.00$ 112.00$ Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
SERVICE U/M YEAR 1
FY 23/24
YEAR 2
FY 24/25
YEAR 3
FY 25/26
YEAR 4
FY 26/27
YEAR 5
FY 27/28
TERM
TOTAL
A. TREE PRUNING SERVICES
1 Maintenance Prune 1" - 12" DBH per tree 90.00$ 93.00$ 96.00$ 99.00$ 102.00$ 480.00$ 2 Maintenance Prune 13" - 24" DBH per tree 150.00$ 155.00$ 160.00$ 165.00$ 170.00$ 800.00$ 3 Maintenance Prune 25"+ DBH per tree 195.00$ 200.00$ 205.00$ 210.00$ 215.00$ 1,025.00$ 4 Maintenance Prune with Crown Reduction 1" - 12" DBH per tree 90.00$ 93.00$ 96.00$ 99.00$ 102.00$ 480.00$ 5 Maintenance Prune with Crown Reduction 13" - 24" DBH per tree 180.00$ 185.00$ 190.00$ 195.00$ 200.00$ 950.00$ 6 Maintenance Prune with Crown Reduction 25"+ DBH per tree 240.00$ 247.00$ 255.00$ 262.00$ 269.00$ 1,273.00$ 7 Palm Tree Prune 1" - 30" DBH per palm 60.00$ 65.00$ 70.00$ 75.00$ 80.00$ 350.00$ 8 Palm Tree Prune 31" - 55" DBH per palm 90.00$ 93.00$ 96.00$ 99.00$ 102.00$ 480.00$ 9 Palm Tree Prune 56"+ DBH per palm 90.00$ 93.00$ 96.00$ 99.00$ 102.00$ 480.00$ TOTALS: 1,185.00$ 1,224.00$ 1,264.00$ 1,303.00$ 1,342.00$ 6,318.00$ B. TREE REMOVAL & STUMP GRINDING SERVICES
1 Tree Removal 1" - 12" DBH per tree 225.00$ 231.00$ 239.00$ 245.00$ 253.00$ 1,193.00$ 2 Tree Removal 13" - 24" DBH per tree 500.00$ 515.00$ 530.00$ 545.00$ 560.00$ 2,650.00$ 3 Tree Removal 25"+ DBH per tree 750.00$ 770.00$ 790.00$ 810.00$ 830.00$ 3,950.00$ 4 Stump Grinding 1" - 12" per stump 90.00$ 93.00$ 96.00$ 99.00$ 102.00$ 480.00$ 5 Stump Grinding 13" - 24" per stump 150.00$ 155.00$ 160.00$ 165.00$ 170.00$ 800.00$ 6 Stump Grinding 25"+ per stump 240.00$ 247.00$ 255.00$ 262.00$ 269.00$ 1,273.00$ TOTALS: 1,955.00$ 2,011.00$ 2,070.00$ 2,126.00$ 2,184.00$ 10,346.00$ C. INVENTORY DATA COLLECTION SERVICES
1 Tree Inventory Data Collection per tree 6.00$ 6.00$ 7.00$ 7.00$ 8.00$ 34.00$ 2 Tree Inventory Data Collection per hour 100.00$ 103.00$ 106.00$ 109.00$ 112.00$ 530.00$ TOTALS: 1,560.00$ 1,600.00$ 1,640.00$ 1,680.00$ 1,760.00$ 8,240.00$ D. TREE RISK ASSESSMENTS SERVICES
1 Level 2: Basic Tree Hazard Risk Assessment per tree 195.00$ 200.00$ 205.00$ 210.00$ 220.00$ 1,030.00$ 2 Level 3: Advanced Tree Risk Assessment
Decay Detection Climbing Inspection w/ Resistograph
Resistance Drilling
per hour 195.00$ 200.00$ 205.00$ 210.00$ 220.00$ 1,030.00$ 3 Level 3: Advanced Tree Risk Assessment
Decay Detection w/ 2 Trunk Sonic Tomography Scans
per hour 195.00$ 200.00$ 205.00$ 210.00$ 220.00$ 1,030.00$ 4 Level 3: Advanced Tree Risk Assessment
Air Spade Root Inspection and Evaluation
per hour 195.00$ 200.00$ 205.00$ 210.00$ 220.00$ 1,030.00$ TOTALS: 780.00$ 800.00$ 820.00$ 840.00$ 880.00$ 4,120.00$ E.
1 Emergency call out: Weekdays 7:00 a.m. to 5:00 p.m.
(Operating Hours)
per hour 300.00$ 309.00$ 318.00$ 327.00$ 336.00$ 1,590.00$ 2 Emergency call out: Weekdays 5:00 p.m. to 7:00 a.m.
(After-Hours)
per hour 390.00$ 399.00$ 411.00$ 423.00$ 435.00$ 2,058.00$ 3 Emergency call out: Weekends Anytime per hour 390.00$ 399.00$ 411.00$ 423.00$ 435.00$ 2,058.00$ 4 Emergency call out: Holidays Anytime per hour 390.00$ 399.00$ 411.00$ 423.00$ 435.00$ 2,058.00$ TOTALS: 1,470.00$ 1,506.00$ 1,551.00$ 1,596.00$ 1,641.00$ 7,764.00$ F. LABOR RATES
1 Senior Tree Trimmer per hour 100.00$ 103.00$ 106.00$ 109.00$ 112.00$ 530.00$ 2 Tree Trimmer per hour 100.00$ 103.00$ 106.00$ 109.00$ 112.00$ 530.00$ 3 Groundsperson per hour 100.00$ 103.00$ 106.00$ 109.00$ 112.00$ 530.00$ 4 I.S.A. TRAQ Qualified Certified Arborist per hour 175.00$ 103.00$ 106.00$ 109.00$ 112.00$ 605.00$ TOTALS: 475.00$ 412.00$ 424.00$ 436.00$ 448.00$ 2,195.00$ $38,983.00

81.31749737
-$6,854.50
Sum Total
EMERGENCY RESPONSE Emergency Response includes 1 Aerial Lift Forestry Truck w/ Chipper and 3-Man Crew (4 hour minimum) Tree Trimmer
Groundsperson
DIR Labor Classifications: Please indicate the Contractor Craft Classification. Labor Rate table may be duplicated for additional Contractor Craft Classifications if needed.

Sr. Tree Trimmer
DIR Labor Classifications
West Coast Arborists, Inc.
3 of 5
RFP 23-001-3610 Professional Arboricultural Services
Bid Tabulation
U/M YEAR 1
FY 23/24
YEAR 2
FY 24/25
YEAR 3
FY 25/26
YEAR 4
FY 26/27
YEAR 5
FY 27/28
Hourly Rate 140.00 145.00 150.00 155.00 160.00 Hourly Rate 96.00 99.00 103.00 107.00 111.00 Hourly Rate 96.00 99.00 103.00 107.00 111.00 Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
SERVICE U/M YEAR 1
FY 23/24
YEAR 2
FY 24/25
YEAR 3
FY 25/26
YEAR 4
FY 26/27
YEAR 5
FY 27/28
TERM
TOTAL
A. TREE PRUNING SERVICES
1 Maintenance Prune 1" - 12" DBH per tree 96.00 99.00 103.00 107.00 111.00 516.00$ 2 Maintenance Prune 13" - 24" DBH per tree 288.00 297.00 307.00 317.00 327.00 1,536.00$ 3 Maintenance Prune 25"+ DBH per tree 432.00 446.00 460.00 475.00 490.00 2,303.00$ 4 Maintenance Prune with Crown Reduction 1" - 12" DBH per tree 120.00 124.00 128.00 132.00 137.00 641.00$ 5 Maintenance Prune with Crown Reduction 13" - 24" DBH per tree 384.00 396.00 409.00 422.00 436.00 2,047.00$ 6 Maintenance Prune with Crown Reduction 25"+ DBH per tree 576.00 594.00 613.00 632.00 652.00 3,067.00$ 7 Palm Tree Prune 1" - 30" DBH per palm 96.00 99.00 103.00 107.00 111.00 516.00$ 8 Palm Tree Prune 31" - 55" DBH per palm 120.00 124.00 128.00 132.00 137.00 641.00$ 9 Palm Tree Prune 56"+ DBH per palm 144.00 149.00 154.00 159.00 164.00 770.00$ TOTALS: 2,256.00$ 2,328.00$ 2,405.00$ 2,483.00$ 2,565.00$ 12,037.00$ B. TREE REMOVAL & STUMP GRINDING SERVICES
1 Tree Removal 1" - 12" DBH per tree 96.00 99.00 103.00 107.00 111.00 516.00$ 2 Tree Removal 13" - 24" DBH per tree 1,440.00 1,485.00 1,531.00 1,579.00 1,628.00 7,663.00$ 3 Tree Removal 25"+ DBH per tree 2,688.00 2,772.00 2,858.00 2,947.00 3,039.00 14,304.00$ 4 Stump Grinding 1" - 12" per stump 192.00 198.00 205.00 212.00 219.00 1,026.00$ 5 Stump Grinding 13" - 24" per stump 288.00 297.00 307.00 317.00 327.00 1,536.00$ 6 Stump Grinding 25"+ per stump 576.00 594.00 613.00 632.00 652.00 3,067.00$ TOTALS: 5,280.00$ 5,445.00$ 5,617.00$ 5,794.00$ 5,976.00$ 28,112.00$ C. INVENTORY DATA COLLECTION SERVICES
1 Tree Inventory Data Collection per tree 4.00 5.00 6.00 7.00 8.00 30.00$ 2 Tree Inventory Data Collection per hour 96.00 99.00 103.00 107.00 111.00 516.00$ TOTALS: 980.00$ 1,016.00$ 1,052.00$ 1,088.00$ 1,124.00$ 5,260.00$ D. TREE RISK ASSESSMENTS SERVICES
1 Level 2: Basic Tree Hazard Risk Assessment per tree 140.00 145.00 150.00 155.00 160.00 195.00$ 2 Level 3: Advanced Tree Risk Assessment
Decay Detection Climbing Inspection w/ Resistograph
Resistance Drilling
per hour 200.00 205.00 215.00 220.00 230.00 750.00$ 3 Level 3: Advanced Tree Risk Assessment
Decay Detection w/ 2 Trunk Sonic Tomography Scans
per hour 200.00 205.00 215.00 220.00 230.00 750.00$ 4 Level 3: Advanced Tree Risk Assessment
Air Spade Root Inspection and Evaluation
per hour 200.00 205.00 215.00 220.00 230.00 935.00$ TOTALS: 490.00$ 508.00$ 526.00$ 544.00$ 562.00$ 2,630.00$ E.
1 Emergency call out: Weekdays 7:00 a.m. to 5:00 p.m.
(Operating Hours)
per hour 96.00 99.00 103.00 107.00 111.00 516.00$ 2 Emergency call out: Weekdays 5:00 p.m. to 7:00 a.m.
(After-Hours)
per hour 144.00 149.00 154.00 159.00 164.00 770.00$ 3 Emergency call out: Weekends Anytime per hour 144.00 149.00 154.00 159.00 164.00 770.00$ 4 Emergency call out: Holidays Anytime per hour 144.00 149.00 154.00 159.00 164.00 770.00$ TOTALS: 528.00$ 546.00$ 565.00$ 584.00$ 603.00$ 2,826.00$ F. LABOR RATES
1 Senior Tree Trimmer per hour 96.00 99.00 103.00 107.00 111.00 516.00$ 2 Tree Trimmer per hour 96.00 99.00 103.00 107.00 111.00 516.00$ 3 Groundsperson per hour 96.00 99.00 103.00 107.00 111.00 516.00$ 4 I.S.A. TRAQ Qualified Certified Arborist per hour 140.00 145.00 150.00 155.00 160.00 750.00$ TOTALS: 428.00$ 442.00$ 459.00$ 476.00$ 493.00$ 2,298.00$ $53,163.00

59.62793672
Sum Total
EMERGENCY RESPONSE Emergency Response includes 1 Aerial Lift Forestry Truck w/ Chipper and 3-Man Crew (4 hour minimum) Journeyman
Apprentice Journeyman
DIR Labor Classifications: Please indicate the Contractor Craft Classification. Labor Rate table may be duplicated for additional Contractor Craft Classifications if needed.

Supervisor
DIR Labor Classifications
Green Valley Tree Care, Inc.
4 of 5
RFP 23-001-3610 Professional Arboricultural Services
Bid Tabulation
U/M YEAR 1
FY 23/24
YEAR 2
FY 24/25
YEAR 3
FY 25/26
YEAR 4
FY 26/27
YEAR 5
FY 27/28
Hourly Rate 175.00$ 192.50$ 211.75$ 232.93$ 256.22$ Hourly Rate 175.00$ 192.50$ 211.75$ 232.93$ 256.22$ Hourly Rate 175.00$ 192.50$ 211.75$ 232.93$ 256.22$ Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
SERVICE U/M YEAR 1
FY 23/24
YEAR 2
FY 24/25
YEAR 3
FY 25/26
YEAR 4
FY 26/27
YEAR 5
FY 27/28
TERM
TOTAL
A. TREE PRUNING SERVICES
1 Maintenance Prune 1" - 12" DBH per tree 400.00$ 440.00$ 484.00$ 532.40$ 585.64$ 2,442.04$ 2 Maintenance Prune 13" - 24" DBH per tree 700.00$ 770.00$ 847.00$ 931.70$ 1,024.87$ 4,273.57$ 3 Maintenance Prune 25"+ DBH per tree 1,000.00$ 1,100.00$ 1,210.00$ 1,331.00$ 1,464.10$ 6,105.10$ 4 Maintenance Prune with Crown Reduction 1" - 12" DBH per tree 700.00$ 770.00$ 847.00$ 931.70$ 1,024.87$ 4,273.57$ 5 Maintenance Prune with Crown Reduction 13" - 24" DBH per tree 1,300.00$ 1,430.00$ 1,573.00$ 1,730.30$ 1,903.33$ 7,936.63$ 6 Maintenance Prune with Crown Reduction 25"+ DBH per tree 1,600.00$ 1,760.00$ 1,936.00$ 2,129.60$ 2,342.56$ 9,768.16$ 7 Palm Tree Prune 1" - 30" DBH per palm 375.00$ 412.50$ 453.75$ 499.13$ 549.04$ 2,289.42$ 8 Palm Tree Prune 31" - 55" DBH per palm 675.00$ 742.50$ 816.75$ 898.43$ 988.27$ 4,120.95$ 9 Palm Tree Prune 56"+ DBH per palm 975.00$ 1,072.50$ 1,179.75$ 1,297.73$ 1,427.50$ 5,952.48$ TOTALS: 7,725.00$ 8,497.50$ 9,347.25$ 10,281.99$ 11,310.18$ 47,161.92$ B. TREE REMOVAL & STUMP GRINDING SERVICES
1 Tree Removal 1" - 12" DBH per tree 1,025.00$ 1,127.50$ 1,240.25$ 1,364.28$ 1,500.71$ 6,257.74$ 2 Tree Removal 13" - 24" DBH per tree 2,025.00$ 2,227.50$ 2,450.25$ 2,695.28$ 2,964.81$ 12,362.84$ 3 Tree Removal 25"+ DBH per tree 3,525.00$ 3,877.50$ 4,265.25$ 4,691.78$ 5,160.96$ 21,520.49$ 4 Stump Grinding 1" - 12" per stump 325.00$ 357.50$ 393.25$ 432.56$ 475.82$ 1,984.13$ 5 Stump Grinding 13" - 24" per stump 625.00$ 687.50$ 756.25$ 831.88$ 915.07$ 3,815.70$ 6 Stump Grinding 25"+ per stump 925.00$ 1,017.50$ 1,119.25$ 1,231.18$ 1,354.30$ 5,647.23$ TOTALS: 8,450.00$ 9,295.00$ 10,224.50$ 11,246.96$ 12,371.67$ 51,588.13$ C. INVENTORY DATA COLLECTION SERVICES
1 Tree Inventory Data Collection per tree 225.00$ 247.50$ 272.25$ 299.48$ 329.43$ 1,373.66$ 2 Tree Inventory Data Collection per hour 200.00$ 220.00$ 242.00$ 264.43$ 290.87$ 1,217.30$ TOTALS: 425.00$ 467.50$ 514.25$ 563.91$ 620.30$ 2,590.96$ D. TREE RISK ASSESSMENTS SERVICES
1 Level 2: Basic Tree Hazard Risk Assessment per tree 105.00$ 1,127.50$ 1,240.25$ 1,364.28$ 1,500.71$ 5,337.74$ 2 Level 3: Advanced Tree Risk Assessment
Decay Detection Climbing Inspection w/ Resistograph
Resistance Drilling
per hour 275.00$ 302.50$ 332.75$ 366.03$ 402.63$ 1,678.91$ 3 Level 3: Advanced Tree Risk Assessment
Decay Detection w/ 2 Trunk Sonic Tomography Scans
per hour 425.00$ 467.50$ 514.25$ 565.68$ 622.25$ 2,594.68$ 4 Level 3: Advanced Tree Risk Assessment
Air Spade Root Inspection and Evaluation
per hour 525.00$ 577.50$ 635.25$ 698.78$ 768.66$ 3,205.19$ TOTALS: 1,330.00$ 2,475.00$ 2,722.50$ 2,994.77$ 3,294.25$ 12,816.52$ E.
1 Emergency call out: Weekdays 7:00 a.m. to 5:00 p.m.
(Operating Hours)
per hour 1,025.00$ 1,127.50$ 1,240.25$ 1,364.28$ 1,500.71$ 6,257.74$ 2 Emergency call out: Weekdays 5:00 p.m. to 7:00 a.m.
(After-Hours)
per hour 1,025.00$ 1,127.50$ 1,240.25$ 1,364.28$ 1,500.71$ 6,257.74$ 3 Emergency call out: Weekends Anytime per hour 1,025.00$ 1,127.50$ 1,240.25$ 1,364.28$ 1,500.71$ 6,257.74$ 4 Emergency call out: Holidays Anytime per hour 1,525.00$ 1,677.50$ 1,845.25$ 2,029.78$ 2,232.76$ 9,310.29$ TOTALS: 4,600.00$ 5,060.00$ 5,566.00$ 6,122.62$ 6,734.89$ 28,083.51$ F. LABOR RATES
1 Senior Tree Trimmer per hour 175.00$ 192.50$ 211.75$ 232.93$ 256.22$ 1,068.40$ 2 Tree Trimmer per hour 175.00$ 192.50$ 211.75$ 232.93$ 256.22$ 1,068.40$ 3 Groundsperson per hour 175.00$ 192.50$ 211.75$ 232.93$ 256.22$ 1,068.40$ 4 I.S.A. TRAQ Qualified Certified Arborist per hour 225.00$ 247.50$ 272.25$ 299.48$ 329.43$ 1,373.66$ TOTALS: 750.00$ 825.00$ 907.50$ 998.27$ 1,098.09$ 4,578.86$ $146,819.90

21.59107859
Sum Total
EMERGENCY RESPONSE Emergency Response includes 1 Aerial Lift Forestry Truck w/ Chipper and 3-Man Crew (4 hour minimum) Journeyman
Apprentice Journeyman
DIR Labor Classifications: Please indicate the Contractor Craft Classification. Labor Rate table may be duplicated for additional Contractor Craft Classifications if needed.

Supervisor
Thrifty Tree Service, Inc.

DIR Labor Classifications
5 of 5
AGREEMENT NO. A-8507

CONTRACT FOR SERVICES
BETWEEN THE CITY OF PALMDALE AND THE NEW TIP TOP ARBORISTS INC.

DBA TIP TOP ARBORISTS INC.

This CONTRACT for services (“Contract” herein) is made and entered into by and between the City of Palmdale, a public body corporate and politic, (hereinafter called “CITY”), and THE NEW TIP TOP ARBORISTS INC. DBA TIP TOP ARBORISTS INC., a Corporation, (hereinafter called “CONTRACTOR”). This Contract shall become effective on the date of the last signatory.

RECITALS
WHEREAS, CONTRACTOR represents that CONTRACTOR has the expertise and is qualified to perform the services described in this Contract.

NOW THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
1 CITY PROJECT MANAGER
To provide the services required by this Contract, CONTRACTOR shall act under the authority and approval of Public Works Director/designee, who shall oversee this Contract, the work performed by CONTRACTOR, assist CONTRACTOR with any necessary information, audit billings, and approve payments. The CONTRACTOR shall channel all contacts and requests through the City project manager. 2 DESCRIPTION OF WORK

2.1 CONTRACTOR shall provide the following services in a manner satisfactory to CITY:

Professional arboricultural services in support of the CITY's Urban Forestry Program in Parks and Facility Grounds, General Benefit Landscapes (including landscaped medians), Fairway Business Park, Park and Rides, Palmdale Transportation Center, Landscape Assessment Districts, and street right of ways, as well as select services and/or ornamental abatement for the Housing Division, Housing Authority, private property and vacant parcels or lots.

Arboricultural services include as-requested tree pruning, tree removals, stump grinding, tree inventory data collection, required work zone temporary traffic control, and tree hazard risk assessments in accordance with the Scope of Services and Technical Specifications set forth in Exhibit B.

2.2 CONTRACTOR shall have no claim for compensation for any services or work, which has not been authorized by CITY’s Authorization to Proceed. 1-13Concord - Document ID: generated after first signature

2.3 CONTRACTOR shall not accept any change of scope, or change in contract provisions, to this Contract unless issued in writing, as a contract change order or amendment and signed by CITY. Any extensions of time must be mutually agreed upon in writing and executed by both parties.

2.4 CONTRACTOR shall maintain in current status all Federal, State, and local licenses and permits required for the operation of the business conducted by the CONTRACTOR as applicable to this contract.

2.5 All work supplied under this Contract shall be fully guaranteed by CONTRACTOR for a minimum period of 365 days from the date of acceptance by CITY. Any defects of design, workmanship, or materials that would result in non- compliance with the Contract specifications shall be fully corrected by CONTRACTOR (including parts and labor) without cost to CITY. The written warranty shall be included with the delivered products to the using Department.

2.6 CITY shall provide to CONTRACTOR, without charge, all data, program information, including reports, records, maps, and other information, now in CITY’s possession, which may facilitate the timely performance of the work. 3 CONTRACTOR’S KEY PERSONNEL

3.1 Key Staff. CITY reserves the right to review and approve CONTRACTOR’S staff including all subcontractors to be assigned to any project by CONTRACTOR during the term of this Contract.

This Contract has been awarded to CONTRACTOR based partially on the key personnel proposed to perform the services required herein. CONTRACTOR shall not change nor substitute any of these key staff for work on this Contract without prior written approval by CITY.

CONTRACTOR’s Team and Key Personnel are as follows:

ISA Certified Arborists; ISA Certified Tree Worker Climber Specialists; TCIA Certified Treecare Safety Professionals; etc.

This Services Contract has been awarded to CONTRACTOR based on its representation that those personnel and subcontractors submitted as part of its bid and listed above will perform the portions of the work listed above.

CONTRACTOR shall not deviate nor substitute any of these team members without prior written approval by CITY.

3.2 Subcontractors. During the performance of the Agreement, CONTRACTOR may engage such additional SUBCONTRACTORS as may be required for the timely completion of this Agreement. In the event of subcontracting, the sole responsibility for fulfillment of all terms and conditions of this Agreement rests with CONTRACTOR. 2-13Concord - Document ID: generated after first signature CONTRACTOR shall not enter into any Subcontract under this Contract for the performance of this Contract without the advance written approval of CITY. The subcontract shall incorporate by reference the terms and conditions of this Contract.

3.3 Direct Responsibility. All services required under this Contract shall be performed by CONTRACTOR, or under CONTRACTOR’s direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform such services.

3.3.1 CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Contract, and compliance with all reasonable performance standards established by CITY.

3.3.2 CONTRACTOR shall be responsible for payment of all CONTRACTOR’s employees’ and subcontractor’s wages and benefits and shall comply with all requirements pertaining to the employer’s liability, workers’ compensation, unemployment insurance, and Social Security.

3.3.3 CONTRACTOR shall indemnify and hold harmless CITY, and its respective officers, agents and employees from and against all claims, demands, damages or costs arising from CONTRACTOR’s acts or omissions with respect to any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices.
4 CONTRACT TERM

The term of this Contract is Four (4) Years and Nine (9) Months, commencing on the effective date, with CITY reserving the option to extend the agreement for 0 additional terms of one year each.

5 ACCEPTANCE AND DOCUMENTATION
Each task shall be reviewed and approved by the Contract Project Manager to determine acceptable completion.

5.1 Records. The CONTRACTOR shall retain and shall contractually require each SUBCONTRACTOR to retain all data and other “records” relating to the acquisition and performance of the Contract for a period of five years after the completion of the Contract.

5.2 Property of CITY. All materials, including reports, computer programs and other deliverables, supplied or created under this Contract are the sole property of CITY. CONTRACTOR is not entitled to a patent or copyright on those materials and may not transfer the patent or copyright to anyone else. CONTRACTOR shall not use or release these materials without the prior written consent of CITY. 3-13Concord - Document ID: generated after first signature

5.3 Products. All equipment, materials, parts, and other components incorporated in the work or services performed pursuant to this Contract shall be new, or the latest model and of the most suitable grade for the purpose intended. All work shall be performed in a skilled and workmanlike manner. 6 PRICE
CITY shall pay to CONTRACTOR an amount not to exceed Two Million Seven Hundred Fifty Thousand dollars ($2750000.00) for the completion of all the work and services described in Section 2, which sum shall include all costs or expenses incurred by CONTRACTOR, payable as follows:

See Exhibit C Fee Schedule

6.1 An application for payment form must be submitted to CITY which shall include the following: a clear, detailed invoice reflecting work being billed for, a summary sheet showing percentage of work completed to date, amount/percent billed to date and current status of all tasks within a project; any/all backup documentation supporting the above items. Work schedule updates must also be included with the payment requests.

6.2 CONTRACTOR shall maintain adequate records and shall permit inspection and audit by CITY of CONTRACTOR’s charges under this Contract. CONTRACTOR shall make such records available to CITY during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records, and they will be available only to CITY and any specified public agencies. Such records shall be maintained by CONTRACTOR for one (1) year following completion of the work under this Contract unless a longer period of time is required by state or federal law, in which event CONTRACTOR shall retain its records for the time required by such laws.

6.3 Payment. A separate invoice shall be issued for each shipment of material or service performed, and no payment will be issued prior to receipt of material and/or completion of specified services and receipt of a correct invoice. 7 TAXES

7.1 CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRACTOR in accordance with state and local laws.

7.2 CONTRACTOR is an independent contractor and shall have no power or authority to incur any debt, obligation, or liability on behalf of CITY. No person employed by CONTRACTOR or acting on its behalf, in connection with this Contract shall be considered the Agent or employee of CITY.
4-13Concord - Document ID: generated after first signature

7.3 CONTRACTOR shall be required to obtain a current City of Palmdale business license, as required by the Palmdale Municipal Code, before an Authorization to Proceed is issued.

7.4 When equipment, materials or supplies generally taxable to CONTRACTOR are eligible for a tax exemption due to the nature of the work, CONTRACTOR shall assist the City in applying for and obtaining such tax credits and exemptions, which shall be paid or credited to the City.
8 PATENT FEES AND ROYALTIES
CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use, in the performance of the work or the incorporation in the work of any invention, design, process, program, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, program, product or device is specified in the contract documents for use in the performance of the work and if, to the actual knowledge of CITY, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by CITY in the contract documents.

CONTRACTOR shall indemnify and hold harmless CITY and anyone directly or indirectly employed by CITY from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the work, or resulting from the incorporation in the work of any invention, design, process, program, product or device not specified in the contract documents, and shall defend all such claims in connection with any alleged infringement of such rights. 9 INDEMNIFICATION
To the fullest extent permitted by law, CONTRACTOR and any subcontractors working on its behalf agree to indemnify CITY, its officers, employees, agents and elected and appointed boards (hereinafter “Indemnified Parties”) for any loss, claim, demand, cause of action, cost, expense, damage, obligation or liability which arises out of or is in any way connected with the performance of any work under this agreement, including any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of CONTRACTOR, or its subcontractors, and regardless of any acts, omissions or negligence (whether active or passive) of any person or entity indemnified hereunder. At their own expense, CONTRACTOR and, as applicable, any subcontractors working on its behalf, shall defend any suit, claim or action against the Indemnified Parties founded upon such loss, claim, demand, cause of action, cost, expense, damage, obligation or liability. CONTRACTOR shall ensure that the contract of any subcontractor working under this agreement contain an indemnity agreement, requiring the subcontractor to indemnify and defend the Indemnified Parties pursuant the terms set forth above. CONTRACTOR shall indemnify the Indemnified Parties, and save it harmless from any and all loss, damage, costs, expenses and attorney's fees suffered or incurred on account of any 5-13Concord - Document ID: generated after first signature breach of the aforesaid obligations and covenants, and any other provision or covenant of this agreement.
10 INSURANCE

10.1 CONTRACTOR, at its expense, shall maintain in effect at all times during the performance of work under this Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers listed “A” or better in the Best’s Insurance Guide and authorized to do business in the State of California.

Proof of Insurance, as identified in Section 10.8, must be reviewed and accepted by the City Attorney.

10.1.1 Workers’ Compensation and Employer’s Liability
 Workers’ Compensation -- coverage as required by the State of California  Employer’s Liability -- $1,000,000.00 each accident $1,000,000.00 policy limit bodily injury
$1,000,000.00 each employee bodily injury by disease

10.1.2 Commercial General Liability
 $2,000,000.00 limit on a per occurrence basis
 $5,000,000.00 general aggregate limit

10.1.3 Commercial Automobile Liability
 $5,000,000.00 combined single limit including owned, non-owned and hired automobile coverage

10.1.4 Professional Liability (Errors & Omissions) Insurance  $2,000,000 limit on a per occurrence basis

10.2 All of CONTRACTOR’s policies shall contain an endorsement providing that written notice shall be given to CITY at least thirty (30) calendar days prior to termination, cancellation, or reduction of coverage in the policy.

10.3 Policies providing for bodily injury and property damage coverage shall contain the following:

A. An endorsement extending coverage to the City as an additional insured, as respects liability arising out of the performance of any work under the Contract.

Such insurance shall be primary insurance, as respects the interest of the City, and any other insurance maintained by the City shall be considered excess coverage and not contributing insurance with the insurance required hereunder. The certificates shall state: “The City of Palmdale, Successor Agency to the Community Redevelopment Agency of the City of Palmdale, Palmdale Civic Authority, Housing Authority, Industrial Development Authority, Airport Authority, their officers, agents, employees and volunteers are named as additional insured”.

B. “Severability of Interest” Clause.
6-13Concord - Document ID: generated after first signature

10.4 Promptly upon execution of this Contract, and prior to commencement of any work, CONTRACTOR shall deliver to CITY certificates of insurance and endorsements to all required policies demonstrating that CONTRACTOR has the required coverage and showing the required named insured. Within five (5) days of written request from CITY, CONTRACTOR shall deliver to CITY full and complete copies of all insurance policies required by this Contract.

10.5 The requirements as to the types and limits of insurance to be maintained by CONTRACTOR are not intended to and shall not in any manner limit or qualify CONTRACTOR’s liabilities and obligations under this Contract.

10.6 Any policy or policies of insurance that CONTRACTOR elects to carry as insurance against loss or damage to its equipment and tools or other personal property used in the performance of this Contract shall include a provision waiving the insurer’s right of subrogation against CITY.

10.7 All insurance coverage must be maintained throughout the duration of this Contract.

10.8 Acceptable Proof of Insurance:

10.8.1 ACORD Certificate of Insurance listing all coverage, limits, deductibles and insured; and endorsements for all applicable coverage if agent has authority to issue it; or additional insured Form CG20100704 and CG20370704 or equivalent must be provided for general liability coverage. Additional insured form CA0001 must be provided for automobile liability coverage.

10.8.2 Binders of insurance for all coverage. Agents must confirm that policy endorsements have been ordered from the respective insurance companies. Upon issuance, policy endorsements and a corresponding Certificate of Insurance listing all insurers and coverage must be submitted to the City Attorney.

10.8.3 When professional Liability (E&O) Insurance coverage is provided on a “claims made basis”, CONTRACTOR will continue to renew the insurance for a period of five (5) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONTRACTOR, or its officers, employees, or agents during the time this Agreement was in effect

10.9 Notwithstanding any other provision of this Contract, CITY may immediately terminate this Contract if, at any time CONTRACTOR fails to maintain the required insurance for any period of time or fails to comply with any of the insurance requirements listed above.

10.10 CONTRACTOR shall require any and all subcontractors working on its behalf to provide insurance coverages and limits that are based on the scope of work and nature of risk being performed by the subcontractor. Any and all subcontractors 7-13Concord - Document ID: generated after first signature working on behalf of CONTRACTOR shall be subject to all other insurance requirements that are stated herein.

Any deviation in this requirement will be CONTRACTOR's sole risk. CONTRACTOR's insurance requirements in Section 10 will not be impacted and/or limited by such deviation.

11 TERMINATION WITHOUT CAUSE
City reserves the right to terminate this Contract or any part thereof for its sole convenience with fifteen (15) days written notice. In the event of such termination, CONTRACTOR shall immediately stop all work hereunder, and shall immediately cause any of its suppliers and subcontractors to cease such work. CONTRACTOR shall also surrender to CITY all finished or unfinished documents, processes, programs and other supplies and materials, which shall be City’s property. As compensation in full for services performed to the date of such termination, the CONTRACTOR shall receive an amount equal to the value of the work completed as of the termination date in accordance with the fee schedule or as negotiated between the parties. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Contract.
12 TERMINATION FOR CAUSE
If CITY determines that CONTRACTOR has failed to supply an adequate working force, or to provide services of proper quality, or has failed in any other respect to satisfactorily perform the services specified in this Contract, CITY shall give written notice to CONTRACTOR specifying all defaults to be remedied within thirty (30) days.

Such notice shall set forth the basis for CITY’s dissatisfaction and suggest corrective measures. If, after thirty days, CONTRACTOR has failed to implement appropriate corrective measures, CITY may elect to terminate this Contract in whole or in part.

12.1 In the event CITY terminates this Contract, in whole or in part, for cause, CITY may procure, upon such terms and in such manner, as it may deem appropriate, services similar to those terminated.

12.2 CONTRACTOR shall provide all finished or unfinished documents, data, studies, software, drawings, programs, processes, maps, photographs, reports, etc., prepared by CONTRACTOR within fifteen (15) working days after notice of termination. Upon such termination, CONTRACTOR shall be paid an amount equal to the value of the services provided and work performed as of the date of termination, taking into consideration the costs associated with hiring another CONTRACTOR to complete the services. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete documents when such are delivered to CITY, and to authorized reimbursement expenses. The above is in addition to any other remedies available by law or equity to CITY.
8-13Concord - Document ID: generated after first signature

12.3 If, after notice of termination of the Contract under the provisions of this Section 12, it is determined, for any reason, that CONTRACTOR was not in default, or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 11. 13 DISPUTE RESOLUTION
All claims, disputes, and other matters in question between CITY and CONTRACTOR arising out of or relating to this Contract or the breach thereof shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. 14 OWNERSHIP OF PRODUCT
All product, data, documents, programs and software including, but not limited to, research, field notes, investigations, analysis, studies, processes, software, instructions for use and other manuals, whether complete or incomplete, which are prepared or produced in the performance of this Contract are to be, and remain the property of CITY and shall be delivered to or left with CITY upon the completion or termination of this Agreement. CONTRACTOR shall furnish CITY, upon its request, originals and reproducible and electronic copies of product, data reports, studies and of all other documents listed above. Electronic copies shall be provided in an unprotected format which allows CITY to copy, reproduce and makes changes as CITY deems necessary.
15 DELEGATION AND ASSIGNMENT

15.1 CONTRACTOR shall not delegate or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY; provided, however, that claims for money due or to become due to CONTRACTOR from CITY under this Contract may be assigned to a bank, trust company or other financial institution without such approval.

15.2 Any assignment, delegation or subcontract shall be made in the name of CONTRACTOR and shall not bind or purport to bind CITY and shall not release CONTRACTOR from any obligations under this Contract including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegates and subcontractors. No such assignment, delegation or subcontract shall result in any increase in the amount of total compensation payable to CONTRACTOR under this Contract.
16 NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

16.1 In performance of this Contract, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of sex, color, race, religion, ancestry, national origin, disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sexual orientation, age, gender, gender identity, 9-13Concord - Document ID: generated after first signature gender expression, genetic information, or military and veteran status.

CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their sex, color, race, religion, ancestry, national origin, disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sexual orientation, age, gender, gender identity, gender expression, genetic information, or military and veteran status . Affirmative action relating to employment shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

16.2 The provisions of subsection 16.1 above shall be included in all solicitations or advertisements placed by or on behalf of CONTRACTOR for personnel to perform any services under this Contract. CITY shall have access to all documents, data and records of CONTRACTOR and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 which is incorporated herein by this reference. A copy of Executive Order No. 11246 is available for inspection at, and on file with, the Palmdale City Clerk’s Office. 17 FINANCIAL INTEREST CERTIFICATION

17.1 CONTRACTOR warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no officer or employee of the CITY has any interest, financially or otherwise, in CONTRACTOR’s firm.

17.2 For breach or violation of this warranty, CITY shall have the right to annul this Contract without liability or at its discretion to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.
18 CONFLICT OF INTEREST

18.1 CONTRACTOR stipulates that its officers and employees do not now have a conflict of interest and it further agrees for itself, its officers and its employees that it will not contract for or accept employment for the performance of any work or services with any individual business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Contract or which would cause CONTRACTOR to be “financial interested” (as provided in California Government Code Section 1090 et seq. or 87100 et seq.) in any contract or decision made by CITY on any matter.

18.2 CONTRACTOR shall not employ any City official or employee to perform any work required pursuant to this Contract.
10-13Concord - Document ID: generated after first signature

18.3 To the extent required by the City Manager or his designee, CONTRACTOR shall complete and file with the City Clerk a Form 700 Statement of Economic Interests disclosing any reportable property interests, income, gifts, investments, or business positions.
19 COMPLIANCE WITH LAW

19.1 CONTRACTOR shall comply with all state and federal laws, including but not limited to, the requirement to hire only those persons authorized by federal law to work in the United States. If CONTRACTOR uses any subcontractors to complete this Contract, this same requirement shall be included in all subcontracts and strictly enforced by CONTRACTOR.

19.2 The law of the state of California shall govern this Contract. The venue of any legal action, either formal or informal, shall be the County of Los Angeles. 20 NOTICES
Any notice required under this Contract shall be in writing, addressed to the appropriate party at its address on the signature page and given personally or by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt.
21 ENTIRE AGREEMENT AND AMENDMENTS

21.1 This Contract is the complete Agreement between the parties and supersedes all prior proposals, agreements, and understandings between the parties and may not be modified or terminated orally.

21.2 No attempted waiver of any of the provisions hereof, nor any modification in the nature, extent or duration of the work to be performed by CONTRACTOR hereunder, shall be binding unless in writing and signed by the party against whom the same is sought to be enforced.

21.3 The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party’s right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract. 11-13Concord - Document ID: generated after first signature 22 ATTORNEY’S FEES

If any action at law or in equity is brought to enforce or interpret any provisions of this Contract, the prevailing party in such action shall be entitled to reasonable attorney’s fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.

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: THE NEW TIP TOP ARBORISTS INC.

DBA TIP TOP ARBORISTS INC.:

Ronda Perez
City Manager

James Lewandowski
President

ADDRESS FOR NOTICE:

CITY OF PALMDALE
39110 3rd Street East, Suite C
Palmdale, CA 93550

ADDRESS FOR NOTICE:

THE NEW TIP TOP ARBORISTS INC.

DBA TIP TOP ARBORISTS INC.

PO Box 2107
Lancaster, CA 93539
APPROVE AS TO FORM:

William P. Curley, III
Interim City Attorney

ATTEST:

Roxanne Faber
Acting City Clerk

---------------------------------------- INTERNAL USE ONLY ----------------------------------------

12-13Concord - Document ID: generated after first signature □Certificate(s) and Endorsement(s) attached
□Confirmed business name on contract with certificate(s) □Attached Agreement Checklist and met all requirements
13-13Concord - Document ID: generated after first signature

EXHIBIT A
Prevailing Wage Requirements

1. This Contract calls for work to be performed constituting public works. Contractor and all subcontractors shall pay the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Article 2 of Chapter 1 of Part 7, of Division 2 of the State Labor Code, including, but not limited to, Sections 1770, 1771, 1773, 1773.2 and 1774.

2. This is a public work and re quires the payment of prevailing wages for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor pursuant to Section 1771 of the Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this contract from the Director of the Department of Industrial Relations. These rates are on file with the City or may be obtained at
http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, not more than $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of this Agreement.

3. Contractors and subcontractors who are ineligible to bid for work on, or be awarded, a public works project pursuant to Labor Code Sections 1777.1 and 1777.7 are prohibited from bidding on, being awarded, or performing work as a subcontractor, on this Project pursuant to Public Contract Code Section 6109.

4. Contractor's attention is directed to the provisions in Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the Labor Code. Contractor shall comply with the provisions in these Sections. The statutory provisions for penalties for failure to comply with the State's wage and hours laws will be enforced. Pursuant to Section 1775 of the Labor Code, the Contractor and any subcontrac tors, shall, as a penalty to the City forfeit the prescribed amounts per calendar day, or portion thereof, for each worker paid less than the prevailing wage rates.

5. Pursuant to Labor Code Section 1771.4, the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

6. Each Contractor and subcontractor shall furnish the records specified in Labor Code Section 1776 directly to the State Labor Commissioner at least monthly in the forma t prescribed by the State Labor Commissioner.

7. Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the Contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location.

8. Section 1777.5 of the Labor Code requires Contractor or subcontractor employing workers in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Contract. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions.

Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or fr om the Division of Apprenticeship Standards. Section 1777.6 of the Labor Code provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age.

9. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810. The statutory provisions for penalties for failure to comply with the State's wage and hour laws will be enforced as set forth in Labor Code Section 1813.

EXHIBIT B
Scope of Services and Technical Specifications

SCOPE OF SERVICES
The following are the general conditions for the work to be performed:

CONTRACTOR shall have a minimum of 10 years’ experience in the business of providing professional arboricultural services in support of municipal urban forestry programs.

CONTRACTOR shall comply with Cal -OSHA and American National Standard, ANSI A -Z133 Safety Standard 2017 or latest edition and all other regulatory safety requirements.

The CITY requires CONTRACTOR to have a trained and skilled workforce, proficient in current professional arboricultural practices. The CONTRACTOR’s account manager and field supervisor shall be certified arborists with the International Society of Arboriculture (ISA). Crew foremen working in a senior tree trimmer capacity shall be a certified tree worker climber specialist with the ISA. CITY recommends tree workers be certified as tree worker specialists and/or tree worker aerial lift specialists by the ISA.

The CONTRACTOR’S personnel shall wear uniform shirts with the company name and logo printed or embroidered on them, and they shall wear reflective Class III safety vests while working in city streets and right of ways.

The CONTRACTOR’S aerial lift and other tree service trucks shall be properly equipped with, but not limited to, appropriate safety gear including hard hats, chaps, harnesses, climbing saddles, lanyards, heavy duty rope, first aid kit, fire extinguisher, chain saws, sharp chains, loppers, pole pruners, hand pruners, wedges, woodchipper and hand tools necessary for equipment field maintenance. All CONTRACTOR equipment must be in excellent working condition while in service to the CITY .

At all times during the term of this Contract, CONTRACTOR shall possess and maintain all required Federal, State and local licenses and permits. CONTRACTOR shall possess a valid and current Class C-61 Limited Specialty Contractor's License with D-49 Tree Service subcategory, a C-27 Landscaping Contractor License and a City of Palmdale business license to perform the required work. CONTRACTOR’s State License Board registration number is 821770 and their DIR registration number is 1000004077. CONTRACTOR hereby certifies that it holds the required license(s).

It is understood that except as otherwise specifically stated herein, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, transporta tion of every nature, and all other services and/or facilities of every nature whatsoever necessary to execute, complete, and deliver the arboricultural services within the specified time. Permits, insurance, and licenses (including City of Palmdale busine ss license) necessary for the execution of the work shall be secured and paid for by the CONTRACTOR.

[Technical Specifications on next page]

TECHNICAL SPECIFICATIONS
CONTRACTOR shall provide all labor and equipment to effectively accomplish the foll owing services.

The CITY will accept NO less than the full completion of the specifications and/or functions outlined in Sections A – F. If these specifications are not met, CONTRACTOR shall be subject to the Compliance-Based Penalties, Punitive Damages, and/or Liquidated Damages as defined in Section G.

SECTION A. GENERAL EXPECTATIONS
A.1 Communication and Work Requests
The CONTRACTOR shall respond to e -mails or phone calls from superintendents, city arborists or appointed designees within one (1) business day. Upon receipt of written work requests from the superintendents, city arborists or appointed designees, the CONTRACTOR shall create work orders in tree inventory software and confirm work schedule within two (2) business days. All work requested shall begin within ten (10) business days of work request unless otherwise authorized by the superintendents, city arborists or appointed designees.

24-hour emergency call outs guarantee a minimum compensation of four (4) hours, require immediate crew mobilization with requested operations taking place within (4) hours of work request. CONTRACTOR’S supervisor and/or crew foreman shall meet with superintendents, city arborists or appointed designees prior to beginning work at each location to confirm the specific objectives of the City of Palmdale.

A.2 Contractor Responsibilities
It shall be the sole responsibility of the CONTRACTOR to perform a Level 1: Limited Visual Assessment, as described in the I.S.A. Best Management Practices: Tree Risk Assessment, International Society of Arboriculture, 2017 or latest edition & ANSI A300 Part 9 Tree Risk Assessment 2017 or latest edition, for each tree serviced during all tree maintenance operations.

CONTRACTOR shall inspect the canopy, trunk, trunk flare, surface of tree root zone, and site conditions around the trees being serviced and immediately report any structural concerns, hazards, pest and/or disease presence or any other anomaly to superintendents, city arborists or appointed designees and log findings in tree detail section of city tree inventory.

CONTRACTOR’S account manager and field supervisor shall be responsible to ensure all work is performed in accordance with ANSI A300 Standards Part I Pruning 2017 or latest edition and the arboricultural objectives set forth by the superintendents, city arborists or appointed designees.

A.3 Invoicing/Billing
The CONTRACTOR shall submit detailed billing records, separated per urban forestry program, and itemized per site, outlining tree identification numbers with pricing according to applicable fee schedule for review prior to invoicing . Payments will only be made for complete work orders, no partial billing allowed. Payment terms are minimum net 30 days to maximum net 45 days.

A.4 Traffic Control Requirements
CONTRACTOR shall be responsible for all work zone safety delineation required at each work site including design and implementation of all temporary work zone traffic control per the California Manual on Uniform Traffic Control Devices , latest edition.

CONTRACTOR shall supply all labor and equipment required for proper implement ation of temporary work zone traffic control and shall utilize high visibility arrow/message boards while working on all major arterial streets.

Contractor must obtain an Encroachment Permit. Contractor shall provide Engineered Traffic Control Plans per requirements of their Encroachment Permit.

A.5 Traffic Control Encroachment Permit
All traffic control devices and layouts shall conform to the latest edition of the California Manual of Uniform Traffic Control Devices. Applicant shall submit, for City revie w, an engineered traffic control plan when the proposed construction work involves any of the following conditions: (1) Moving traffic over the street centerline; (2) Reducing the number of travel lanes by more than one lane; (3) Any road closure (one or t wo-way); and/or (4) Any work performed within 250 feet of a traffic signal.

In addition, at the discretion of the Deputy Director of Public Works/City Engineer, an engineered traffic control plan may be required for other work impacting the public right - of-way. The applicant is solely responsible for the traffic control design and implementation. Furthermore, the applicant is responsible for maintaining the approved traffic control plan for the construction zone on a 24 -hours basis. The traffic control p lan shall remain in place until work is completed. Any street closure will require the approval of the Deputy Director of Public Works/City Engineer.

A.6 Traffic Control Conditions
Emergency vehicle access shall always be maintained. Access to private property shall always be maintained, unless otherwise authorized by the City of Palmdale. All traffic signs, traffic control devices and traffic control procedures shall conform to the Manual on Uniform Traffic Control Devices, latest edition.

Superintendents, city arborists or appointed designees MAY assign city staff and resources to assist with traffic control operations if the work of the CONTRACTOR reduces the number of traffic lanes in major arterial streets. The requirements as outlined above do not constitute the issuance of an encroachment permit. Questions related to applying for an encroachment permit can be directed to the Engineering Division at (661) 267-5272.

Any further traffic questions may be directed to city traffic engineer.

SECTION B. PRUNING OPERATIONS
B.1 General Requirements
Pruning operations shall adhere to the ANSI A -300 Part I Pruning 2017 or latest edition and ANSI Z133 Safety Standard 2017 or latest edition. Pruning w ill generally be maintenance pruning and shall adhere to the natural pruning techniques. All pruning tools must be sterilized with a solution of 10% bleach & 90% water or Lysol disinfectant spray prior to pruning each tree. The City of Palmdale shall subm it detailed work requests to the CONTRACTOR outlining location, service description, tree identification numbers and projected costs. Pruning operations should remove no more living material than what is necessary to achieve the following pruning objectives.

B.2 Develop Tree Structure
CONTRACTOR shall develop tree structure improving upon the natural form of each tree, promote or subordinate certain leaders, branches or stems, head back co -dominant leaders, promote or discourage growth in a particular direction, promote desirable branch spacing and canopy structure to reduce the likelihood of branch or whole tree failure.

B.3 Clearance
CONTRACTOR shall p rovide clearance to mitigate interference with traffic signals and signs, vehicular and pedestrian traffic and line of sight, streetlights, other trees and public or private property. Trees shall be pruned to provide a minimum clearance of 17 feet above public right of ways.

B.4 Tree Shape and Size Management
CONTRACTOR shall manage tree shape and size through effective application of branch removal cuts, branch reduction cuts, and branch heading cuts as required to reduce the likelihood of branch or whole tree failure and achieve the city’s specific pruning objectives for each tree.

B.5 Improve Tree Integrity
CONTRACTOR shall i mprove tree integrity by removing dead, crowded, and rubbing branches, increasing sun light and wind penetration while improving upon the natural form of each tree to reduce the likelihood of branch or whole tree failure. Lion-tailing is unacceptable.

B.6 Protection of Public and Private Property
CONTRACTOR shall be responsible for the protection of all public and private property and improvements within and adjacent to all work areas including but not limited to plant material, lawns, sprinkler systems, drains, fencing, block walls, brick or masonry work, sidewalks, street paving, streetlights, traffic signals, utility pedestals and all other public or private improvements.

B.7 Restitution for Public or Private Property Damage
Any public or private improvements damaged by the CONTRACTOR while conducting scheduled work shall be replaced in kind at the CONTRACTOR’S expense, to the absolute satisfaction of the superintendents, city arborists, appointed designees and/or private property owner. Replacement shall take place no later than five (5) working days from the date of damage, unless otherwise authorized.

SECTION C. TREE REMOVAL AND STUMP GRINDING
C.1 General Requirements
Tree removal operations shall observe ANSI A-300 Part I Pruning 2017 or latest edition, ANSI Z133 Safety Standard 2017 or latest edition and all other applicable regulatory safety standards. Tree removals are intended to mitigate hazards and shall include removal of dead or dying trees, trees with pronounced canopy, trunk, or root system defects, overcrowded trees and trees whose conflict with public or private infrastructure or interest cannot be otherwise resolved. The City of Palmdale shall submit detailed work requests to the CONTRACTOR outlining location, service description, tree identification numbers and projected costs.

C.2 Method
The CONTRACTOR shall consider all tree and site conditions when formulating each tree removal plan. This includes surrounding obstacles, targets, terrain, wind direction and magnitude, structure, flaws and lean of each tree. CONTRACTOR must obtain approval from superintendents, city arborists or appointed designees in advance of any felling operations.

C.3 Underground Service Alert
The CONTRACTOR is responsible for contacting Underground Service alert, securing a dig-alert ticket, and allowing the time required by law for members to respond and mark their underground infrastructure and verifying positive electronic response prior to conducting any stump grinding operations. CONTRACTOR must analyze and respect all utility markings and grind stumps with care to avoid contact with any underground infrastructure within the stump grind zone.

C.4 Stump Grinding
All tree stumps are to be ground within five (5) working days of the tree removal unless otherwise requested or authorized by superintendents, city arborists or appointed designees. Where possible, stump grinding must strive to achieve a minimum depth of twenty-four inches (24”) below grade unt il anchoring roots are no longer visible, to accommodate the successful planting of replacement trees. CONTRACTOR shall provide stump grinding work schedule, and report issues preventing grinding to a minimum depth of 24 inches (24”) to superintendents, city arborists or appointed designees.

C.5 Wood Grindings
CONTRACTOR shall compact wood grindings flush with adjacent grade and remove all excess stump grinding material from the job site.

C.6 Protection of Public and Private Property
CONTRACTOR shall be responsi ble for the protection of all public and private property and improvements within and adjacent to all work areas including but not limited to plant material, lawns, sprinkler systems, drains, fencing, block walls, brick or masonry work, sidewalks, street paving, street lights, traffic signals, utility pedestals and all other public or private improvements.

C.7 Restitution for Public or Private Property Damage
Any public or private improvements damaged by the CONTRACTOR while conducting scheduled work shall be replaced in kind at the CONTRACTOR’S expense, to the absolute satisfaction of the superintendents, city arborists, appointed designees and/or private property owner. Replacement shall take place no later than five (5) working days from the date of damage, unless otherwise authorized.

SECTION D. CLEAN UP OPERATIONS
D.1 General Requirements
All walkways, trails, parking lots, right of ways, or adjacent public and private property dirtied by the CONTRACTOR’S arboricultural operations shall be cleaned prior to completion of work at each site. Under no circumstances shall any trimmings, leaves, and/or debris remain in public right of ways and/or adjacent public or private property.

Superintendents, city arborists or appointed designees shall be the sole judge as to the adequacy of clean-up and shall have the authority to direct further clean up, with results expected the same day. Any costs resulting from the use of City personnel or equipment for clean-up due to the CONTRACTOR not complying with clean-up expectations shall be deducted from the CONTRACTOR’S billing.

D.2 Disposal of Green Waste
All green waste produced because of the CONTRACTOR’S operations under this agreement shall be reduced, reused, and/or recycled. Reducing shall include, but is not limited to, chipping, grinding, and/or shredding of green waste. Reusing will include, but is not limited to, using chipped, ground, or shredded tree green waste as mulch. Recycling will include, but is not limited to, re-purposing wood that is too large to be chipped, ground, or shredded as firewood and/or as mulch provided to Waste Management.

CONTRACTOR shall dispose of all green waste, free of charge, at the City of Palmdale Maintenance Center located at 39110 3rd Street East. Green waste shall be deposited in a designated collection area and/or as directed by the superintendents, city arborists or appointed designees.

D.3 Staging of Equipment
CONTRACTOR will be authorized to stage arboricultural equipment at the City of Palmdale Maintenance Center while conducting work requested by and performed for the City of Palmdale.

CONTRACTOR shall indemnify and hold the City harmless for any equipment loss or damage experienced while the CONTRACTOR’S equipment is staged at the City of Palmdale’s Maintenance Center.

SECTION E. TREE INVENTORY
Tree inventories serve as the foundation for developing and sustaining an effective urban forest management plan. Superintendents, city arborists or appointed designees may request the CONTRACTOR to conduct tree inventory data collection c oncurrent with or independent from tree maintenance and removal operations. The tree location and attribute data shall be collected using handheld computers with geographic positioning system (GPS) capabilities, logged directly into the city’s tree inventory software.

Data to be collected by the CONTRACTOR while performing tree inventory operations shall include but is not limited to photo, location, unique asset number, tree species, trunk diameter at breast height, tree condition, record of service hi story provided under this agreement, direct maintenance costs, and available planting sites resulting from tree removals.

CONTRACTOR shall inspect the canopy, trunk, trunk flare, surface of tree root zone, and site conditions around the trees being serv iced and immediately report any structural concerns, hazards, pest and/or disease presence or any other anomaly to superintendents, city arborists or appointed designees and log findings in tree detail section of city tree inventory software.

SECTION F. TREE RISK ASSESSMENT
F.1 Level 1: Limited Visual Assessment
It shall be the sole responsibility of the CONTRACTOR to perform a Level 1: Limited Visual Assessment, as described in the I.S.A. Best Management Practices: Tree Risk Assessment, International Society of Arboricu lture, 2017 or latest edition & ANSI A300 Part 9 Tree Risk Assessment 2017 or latest edition, for each tree serviced during all tree maintenance operations. CONTRACTOR shall inspect the canopy, trunk, trunk flare, surface of tree root zone, and site conditions around the trees and immediately report any structural concerns, hazards, pest and/or disease presence or any other anomaly to superintendents, city arborists or appointed designees and log findings in tree detail section of city tree inventory software.

F.2 Level 2: Basic Tree Risk Assessment
Superintendents, city arborists or appointed designees may request CONTRACTOR to perform a Level 2: Basic Tree Risk Assessment as described in the I.S.A. Best Management Practices, Tree Risk Assessment, International Society of Arboriculture 2017 or latest edition & ANSI A300 Part 9 Tree Risk Assessment 2017 or latest edition.

The methodology shall follow the I.S.A. matrix-based approach set forth in the I.S.A. Tree Risk Assessment Qualification (TRAQ) program and shall be performed by a TRAQ qualified Arborist. CONTRACTOR shall utilize and submit a completed I.S.A. Basic Tree Risk Assessment Form or city approved substitute form (Appendix D or E) for each tree being assessed.

F.3 Level 3: Advanced Tree Risk Assessment
Superintendents, city arborists or app ointed designees may request CONTRACTOR to perform a Level 3: Advanced Tree Risk Assessment as described in the I.S.A. Best Management Practices, Tree Risk Assessment, International Society of Arboriculture 2017 or latest edition & ANSI A300 Part 9 Tree Risk Assessment 2017 or latest edition.

The Level 3: Advanced Tree Risk Assessment may be requested in conjunction with or following a Level 2 Basic Tree Risk Assessment. This assessment may include climbing inspections, detailed target analysis, detailed site evaluation, health evaluation, storm, or wind load analysis, measuring and assessing lean, examination of the root system using a compressed air tool and/or, ground penetrating sonar, resistance drilling using a resistograph, and/or sonic tomography o f a specific section of a tree using a Picus tomograph or equivalent, to help determine the presence and level of decay.

The Level 3: Advanced Tree Risk Assessment report shall include name of the TRAQ qualified tree risk assessor, the date of the asses sment, statement of the assignment scope of work, location, identification, and pictures of the tree assessed, level of inspection and details of the method, targets, occupancy rates, likelihood of impacting the target, and potential consequences of failure, site factors considered, documentation of the likelihood of failure, such as a list of tree conditions, structural defects, and response growth that were observed, risk assessment and conclusion, options and or recommendations for hazard mitigation, res idual risk information, recommendations for reassessment and limitations of the assessment.

SECTION G. COMPLIANCE, PUNITIVE DAMAGE PENALTIES, AND/OR

LIQUIDATED DAMAGES
The CITY will accept NO less than the full completion of the specifications and/or functions outlined in Sections A – F. If these specifications are not met, CONTRACTOR shall be subject to the Compliance -Based Penalties, Punitive Damages, and/or Liquidated Damages as defined below.

Applicable Sections: A. General Expectations; B. Pruning Operations; C . Tree Removal and Stump Grinding; D. Clean Up Operations; E. Tree Inventory; and F. Tree Risk Assessment.

G.1 Compliance
Superintendents, city arborists or appointed designees shall have the right to withhold payment and leverage punitive damages for any wor k not complying with I.S.A. Best Management Practices, Tree Pruning, International Society of Arboriculture 2019 or latest edition ANSI A-300 Part I Pruning 2017 or latest edition, ANSI Z133 Safety Standard 2017 or latest edition, the Manual on Uniform Traffic Devices 2022 or latest edition, the City of Palmdale’s arboricultural objectives and any other applicable industry standards and regulatory requirements.

G.2 Punitive Damages
Superintendents, city arborists or appointed designees will notify the CONTRACTOR both verbally and in writing each time the CONTRACTOR’S performance is unsatisfactory and can suspend CONTRACTOR’S operations at any time. CONTRACTOR will have five (5) working days to correct deficient work. Any deficient work not corrected within five (5) working days or deemed beyond correction shall result in withholding of the associated payment and punitive damage penalty of $500 per violation. Significant violations may result in a penalty equal to the appraised value of damaged tree/s.

G.3 Liquidated Damages
It shall be agreed by the parties to the Agreement that time is of the essence, and in the event of a delay in starting the work or the delivery of the equipment, goods, services, and personnel required for project implementation and training or equipment beyond the timeline set forth in section A.1, damage will be sustained by the City and that it is or will be impractical to determine the actual amount of the damage caused by reason of such delay. It is therefore agreed that the successful Contractor will pay to the City the sum of twenty-five hundred dollars ($2,500) for each working day delay in completing the schedule set by the Contractor, as set forth in the Agreement beyond any timeline or due date, or authorized extension.

These damages shall be deducted from any monies due, or which may thereafter become due, to the successful Contractor under the Agreement or may be recovered by the City through any lawful means.

The successful Contractor will be granted an extension of time and will not be assessed liquidated damages for any portion of the delay in performance which would be excused pursuant to the force majeure provisions of the Agreement, provided that the successful Contractor shall notify the City’s representative in writing of the causes of delay within one (1) business day from the beginning of any such delay. The successful Contractor shall bear the burden of proof to establish that any delay is sub ject to the force majeure provisions of the Agreement.

G.4 Force Majeure
The time period(s) specified for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control a nd without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather (to be determined by City staff), fires, earthquakes, floods, epidemics, quarantine restrictions, riots strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor will within ten (10) days of the commencement of such delay notify the City in writing of the causes of the delay.

The City will asce rtain the facts and the extent of the delay and extend the time for performing the services for the period of the enforced delay when and if the judgment of the superintendent, or designee, the delay is justified. The superintendent or his designee’s, decision shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however, caused; Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

SERVICE U/M YEAR 1
FY 23/24
YEAR 2
FY 24/25
YEAR 3
FY 25/26
YEAR 4
FY 26/27
YEAR 5
FY 27/28
A. TREE PRUNING SERVICES
1 Maintenance Prune 1" - 12" DBH per tree 99.00$ 105.00$ 110.00$ 115.00$ 120.00$ 2 Maintenance Prune 13" - 24" DBH per tree 175.00$ 180.00$ 185.00$ 190.00$ 195.00$ 3 Maintenance Prune 25"+ DBH per tree 215.00$ 220.00$ 225.00$ 230.00$ 235.00$ 4 Maintenance Prune with Crown Reduction 1" - 12" DBH per tree 99.00$ 105.00$ 110.00$ 115.00$ 120.00$ 5 Maintenance Prune with Crown Reduction 13" - 24" DBH per tree 300.00$ 350.00$ 400.00$ 450.00$ 500.00$ 6 Maintenance Prune with Crown Reduction 25"+ DBH per tree 400.00$ 450.00$ 475.00$ 500.00$ 550.00$ 7 Palm Tree Prune 1" - 30" DBH per palm 95.00$ 95.00$ 95.00$ 95.00$ 95.00$ 8 Palm Tree Prune 31" - 55" DBH per palm 95.00$ 95.00$ 95.00$ 95.00$ 95.00$ 9 Palm Tree Prune 56"+ DBH per palm 95.00$ 95.00$ 95.00$ 95.00$ 95.00$ B. TREE REMOVAL & STUMP GRINDING SERVICES
1 Tree Removal 1" - 12" DBH per tree 255.00$ 260.00$ 265.00$ 270.00$ 275.00$ 2 Tree Removal 13" - 24" DBH per tree 525.00$ 530.00$ 535.00$ 540.00$ 545.00$ 3 Tree Removal 25"+ DBH per tree 1,100.00$ 1,250.00$ 1,350.00$ 1,400.00$ 1,450.00$ 4 Stump Grinding 1" - 12" per stump 95.00$ 95.00$ 95.00$ 95.00$ 95.00$ 5 Stump Grinding 13" - 24" per stump 110.00$ 110.00$ 110.00$ 110.00$ 110.00$ 6 Stump Grinding 25"+ per stump 150.00$ 150.00$ 150.00$ 150.00$ 150.00$ C. INVENTORY DATA COLLECTION SERVICES
1 Tree Inventory Data Collection per tree 4.50$ 4.50$ 4.50$ 4.50$ 4.50$ 2 Tree Inventory Data Collection per hour 75.00$ 75.00$ 75.00$ 75.00$ 75.00$ D. TREE RISK ASSESSMENTS SERVICES
1 Level 2: Basic Tree Hazard Risk Assessment per tree 85.00$ 85.00$ 85.00$ 85.00$ 85.00$ 2 Level 3: Advanced Tree Risk Assessment
Decay Detection Climbing Inspection w/ Resistograph Resistance Drilling per hour 125.00$ 125.00$ 125.00$ 125.00$ 125.00$ 3 Level 3: Advanced Tree Risk Assessment
Decay Detection w/ 2 Trunk Sonic Tomography Scans
per hour 150.00$ 150.00$ 150.00$ 150.00$ 150.00$ 4 Level 3: Advanced Tree Risk Assessment
Air Spade Root Inspection and Evaluation
per hour 200.00$ 200.00$ 200.00$ 200.00$ 200.00$ E.
1 Emergency call out: Weekdays 7:00 a.m. to 5:00 p.m. (Operating Hours) per hour 250.00$ 250.00$ 250.00$ 250.00$ 250.00$ 2 Emergency call out: Weekdays 5:00 p.m. to 7:00 a.m. (After-Hours) per hour 300.00$ 300.00$ 300.00$ 300.00$ 300.00$ 3 Emergency call out: Weekends Anytime per hour 300.00$ 300.00$ 300.00$ 300.00$ 300.00$ 4 Emergency call out: Holidays Anytime per hour 325.00$ 325.00$ 325.00$ 325.00$ 325.00$ F. LABOR RATES
1 Senior Tree Trimmer per hour 85.00$ 88.00$ 91.00$ 92.00$ 95.00$ 2 Tree Trimmer per hour 80.00$ 82.00$ 85.00$ 87.00$ 89.00$ 3 Groundsperson per hour 75.00$ 77.00$ 80.00$ 82.00$ 85.00$ 4 I.S.A. TRAQ Qualified Certified Arborist per hour 95.00$ 100.00$ 105.00$ 105.00$ 105.00$

EXHIBIT C
Fee Schedule
EMERGENCY RESPONSE *Includes 1 Aerial Lift Forestry Truck w/ Chipper and 3-Man Crew (4 hour minimum) City Council Staff Report
DATE: OCTOBER 4, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS
DISTRICT: ALL
SUBJECT: APPROVE LONG -TERM BUNDLED RENEWABLE ENERGY
RESALE AGREEMENT BETWEEN ENERGY FOR PALDMALE’S

INDEPENDENT CHOICE AND SHELL ENERGY NORTH AMERICA
(US), L.P.

ISSUE
Approve Long-Term Bundled Renewable Energy Resale Agreement between Energy for Palmdale’s Independent Choice and Shell Energy North America (US), L.P.

RECOMMENDATION
Staff recommends the City Council approve a Long-Term Bundled Renewable Energy Resale Agreement with Shell Energy on behalf of Energy for Palmdale’s Independent Choice (EPIC) to promote EPIC’s compliance with applicable long-term renewable energy contracting mandates reflected in California’s RPS program.

BACKGROUND
The California Renewable Portfolio Standard Program (“RPS” or “RPS Program”) was established by Senate Bill (“SB”) 1078, and was subsequently modified by SB 107, SB 1036, and SB 2-1X. In October of 2015, the State of California enacted Senate Bill 350 (SB 350), also known as The Clean Energy and Pollution Reduction Act of 2015.

Amongst other details, SB 350 increased California’s RPS mandate to 50% by 2030, established multi -year RPS compliance periods and imposed a 65% long -term contracting requirement for all statutorily required RPS purchases. Note that “long-term,” as defined by SB 350, reflects a delivery period of 10 years or more. Subsequently, Senate Bill 100 (SB 100, 2018) was signed into law, which further increased California’s RPS procurement mandate to 60% by 2030 and also required all of the state’s electricity supply to be sourced from carbon-free resources no later than 2045.

As a California Community Choice Aggregator, EPIC must comply with applicable RPS procurement mandates, including the noted long-term contracting mandate. With this in mind, it has identified certain contracting opportunities, including the subject long -term Report to Mayor and City Council
Re: Approve Long-Term Bundled Renewable Energy Resale Agreement between Energy for Palmdale’s Independent Choice and Shell Energy North America (US), L.P.

October 4, 2023

Page 2 ends

PCC1 Resale Agreement with Shell Energy, to further its progress in fulfilling such mandates.

DISCUSSION
To meet the requirements of SB 100, CalChoice, on behalf of EPIC, has been engaged in competitive solicitation processes and bilateral contracting discussions to identify suitable procurement opportunities to facilitate EPIC’s compliance with applicable RPS procurement mandates, including the long-term contracting requirement. CalChoice, as well as its legal and technical team, spent several months negotiating and finalizing terms and conditions associated with the subject long-term PCC1 Resale Agreement with Shell Energy on behalf of EPIC.

This opportunity was determined to be: 1) cost-competitive relative to current market conditions for similar products; and 2) relatively unique in terms of its delivery characteristics, which will provide near-term (FY 2023-24) PCC1 deliveries to EPIC as part of a long-term purchase agreement. Note that very few, if any, long-term RPS transactions being executed at this time reflect near-term deliveries in 2023 and 2024.

Such deliveries, which will be provided to EPIC on a “firm” (meaning, guaranteed) basis, are very important in promoting RPS compliance, as such volumes are expected to ensure the sufficiency of long-term RPS purchases in Compliance Period 4, which includes years 2021 through 2024. Absent deliveries from this prospective Resale Agreement with Shell Energy, EPIC would likely be deficient meeting its long-term RPS procurement obligations.

The balance of the delivery term (FY 2024-25 and beyond) will provide annual volumes approximating 15% of EPIC’s need/requirement. These future deliveries will promote EPIC’s ongoing compliance with applicable RPS mandates while also promoting portfolio and supplier diversity by allowing for purchases from several other suppliers/projects in rounding out EPIC’s RPS needs. Failure to meet the long-term RPS procurement mandate and/or RPS procurement mandates in general would trigger substantial financial penalties.

As a condition of the agreement, payment terms are such that the City’s general fund is protected. It is also important to note that EPIC’s current financial projections indicate that adequate revenues exist to support this purchase. Additionally, this particular transaction is also not expected to trigger the need for retail rate changes.

Report to Mayor and City Council
Re: Approve Long-Term Bundled Renewable Energy Resale Agreement between Energy for Palmdale’s Independent Choice and Shell Energy North America (US), L.P.

October 4, 2023

Page 3 ends

FISCAL IMPACT
Sufficient revenues will be generated to cover operating expenses, including power procurement. The impact associated with this transaction is as follows: FY 2023-24, approximately $4 million; for FYs 2024-25 through 2036-37, approximately $3.4 to $4.2 million per year.

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.

A. Implement and administer environmentally sustainable programs.

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

B. Provide inclusive access to a variety of supportive services that build a resilient and healthy community.

Prepared by: Lynn Glidden, P.E. Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, Interim City Attorney

ATTACHMENTS
Power Purchase Agreement
1 Shell Energy North America (US), L.P.

TRANSACTION CONFIRMATION
Firm Bundled Renewable Energy (“PCC1”) Resale

This confirmation (this “Conf irmation”) is entered into this [October 5, 2023] (“Effective Date”), by and between City of Palmdale, a California municipal corporation and charter city (“Palmdale” or “Buyer”) and Shell Energy North America (US), L.P. (“Shell Energy”), each referred to herein individually as a “ Party” and collectively as the “Parties ”, regarding the purchase and sale of the Product (as defined below) under the terms and conditions herein. Capitalized terms used in this Confirmation and not defined herein have the meaning assigned thereto in the Master Agreement (each as defined below). The Master Agreement and this Confirmation shall be collectively referred to herein as the “Agreement.”

Seller: Shell Energy

Buyer: City of Palmdale (Buyer’s WREGIS Account Holder Name: City of Palmdale ,

Master Agreement: This C onf
irmation shall be governed by the terms and conditions of the EEI Master Agreement, dated effective October 5, 2023, (as amended from time to time, the “Master Agreement ”). Terms not defined in this Confirmation shall have the meaning set forth in the Master Agreement.

Product: As
used herein, “Product” shall mean Energy produced hourly by the Projects that is simultaneously bundled with the Renewable Energy Credits (“RECs”) generated therefrom, which together qualifies as Portfolio Content Category 1 (as defined below), under and pursuant to the California Renewable Portfolio Standard.

Environmental Attributes: The only Environmenta l Attributes “RECs” conveyed under this Confirmation as part of the Product are those Environmental Attributes required for the Product to qualify as PCC1 under the RPS .

Project: As used herein, “Project” shall mean one or more ERRs owned by Shell Energy or from which Shell Energy has a contract to purchase Product, in either case that have a first point of interconnection with a California balancing authority, have a first point of interconnection with distribution facilities used to serve end users within a California balancing authority area, or are scheduled from the ERR into a California balancing authority without substituting electricity from another source.

Delivery Period:

Commencing October 1, 2023, through December 31 st 2037; provided that the RECs attributable to the Energy generated during the Delivery Period but created after the Delivery Period shall be transferred to and paid for by Buyer in accordance with the terms of this Confirmation. Solely for purposes of clarifying Product quantities, delivery characteristics and pricing, t he Delivery Period will be divided into two (2) periods:

Delivery Period 1 and Delivery Period 2 as follows:

Delivery Period 1: October 1 , 2023 and continuing through December 31, 2025

Delivery Period 2: January 1, 2026 and continuing through December 31, 2037

Quantity: The Quantity for Delivery Period 1 is Firm and as set forth in the table below for the years 2023-2025.

Period 1 Annual
Delivery Quantity
2023
2024 2025 Total
Quantity (MWh)

The Quantity for Delivery Period 2 is set forth in the table below for years 2026-2037, and as more specifically described on Schedule A. The Quantity for Delivery 2 is Firm a nd applies to all days of the

3 Delivery Period 2: Duri ng Delivery Period 2, Buyer shall pay Seller for the Energy portion of the Product equal to the monthly Quantity for Delivery Period 2 that is scheduled and delivered to the Delivery Point in accordance with this Confirmation, including Schedule A, multiplied by the Energy Price as provided below. Buyer shall pay the REC Price portion of the Contract Price for Delivery Period 2 to Seller subsequent to the transfer of the RECs into Buyer’s WREGIS account as provided below.

Buyer s
hall make payment to Seller by wire transfer or ACH payment to the bank account specified for Seller in the Master Agreement. Buyer shall pay undisputed invoice amounts on or before the twenty- third (23rd) day of the month in which the invoice was received, provided that such invoice was received by the fifteenth (15th) day of the month, otherwise the invoice will be paid on the next month’s monthly distribution date under the Security Documents (i.e., the 23rd of the month). If such due date falls on a weekend or legal holiday, such due date shall be the next Business Day.

Supporting Data: In the event that the Product being transferred from Seller to Buyer originates from a Project(s) outside of the state of California , Seller shall provide Buyer a reconciliation consisting of hourly meter data, tag data and associated calculations, lesser of each by hour, for each vintage month of RECs delivered to Buyer under this Confirmation.

Compliance
With RPS:

Seller represents and warrants to Buyer that t he purchase and sale of Product pursuant to this Confirmation is a resale and meets the following additional requirements:

i. this Confirmation transfers only Energy and RECs that have not yet been generated prior to the effective date of this Confirmation;
ii. in connection with the transfer of the Energy and associated RECs that comprise the Product purchased and sold under this Confirmation the Energy transferred by this Confirmation is transferred to Buyer in real -time via sale by Seller to, and purchase by Buyer from, the California ISO; and
iii. if applicable, the California Renewables Portfolio Standard -eligible energy is scheduled from one or more Eligible Renewable Energy Resources that are not interconnected to a California balancing authority into a California balancing authority without substituting electricity from another source, and the original hourly or subhourly schedule is maintained.

Change in Law
Provisions: If after the Effective Date there is a change in applicable law or a governmental authority with jurisdiction over the Parties or the subject matter of this Confirmation interprets, enacts or materially modifies any law, regulation, rule or order that (a) repeals or invalidates the RPS, (b) makes it illegal or impossible to transfer any part of the Product as contemplated pursuant to this Confirmation, or (c) causes the Product to no longer qualify as PCC1 under the RPS at the time of delivery, then in the case of item (c) the Parties will in good faith negotiate regarding amendments to the terms of this Confirmation solely to cause the Product to again qualify as PCC1 and Seller shall take such commercially reasonable actions as may be prudent in an effort to cause the Product to again qualify as PCC1, but will not be required to incur any costs or expenses in pursuit thereof in excess of an aggregate amount equal to (the “Compliance Cap”). In the case of (1) items (a) and (b) of th e preceding sentence, or (2) item (c) of the preceding sentence if Seller has met or exceeded the Compliance Cap or the Parties have not agreed to amendments to this Confirmation within sixty (60) days after the change referred to in the preceding sentence, then in either case either Party may by giving written notice to the other terminate this Confirmation. In the event of any such termination, ne ither Party shall have any liability to the other as a result of such termination nor any further liability or payment or performance obligations hereunder; provided, however, that the Parties shall remain liable for any payments due for, and all other obligations that may lawfully be performed respecting, delivery and receipt of Product prior to such termination.

SPECIAL PROVISIONS:

A. Non-Modifiable Standard Terms and Conditions

(1) Eligibility: Selle r, and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement that: (i) the Project qualifies and is certified by the CEC as an Eligible Renewable Energy Resource (“ERR”) as such term is defined in

4 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, Non- Modifiable. (Source: D.07 -11-025, Attachment A.) D.08 -04- 009]

(2) Applicable Law: Gove rning Law. 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, Non-Modifiable. (Source: D.07-11-025, Attachment A) D.08-04-009]

(3) Transfer of Renewable Energy Credits: S
eller and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement the renewable energy credits transferred to Buyer conform to the definition and attributes required fo r compliance with the California Renewables Portfolio Standard, as set forth 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 l egislation. 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 REC-1, Non-modifiable. D.11-01-025]

(4) Tracking of RECs in WREGIS: S
eller 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, Non-modifiable. D.11-01-025]

B. Additional Terms and Conditions

(1) Seller Representations and Warranties: S eller represents and warrants:

(a) Seller has not sold the Product to be transferred to Buyer to a third party;

(b) the Energy component of the Product produced by a Project and purchased by Seller for resale to Buyer hereunder is not being sold by Seller back to the Project or Project owner;

(c) as Energy is delivered to and directly settled with the California ISO, the sale is being reported to FERC as a sale to the California ISO under the applicable electronic quarterly reports requirements; and

(d) the Product meets the requirements set forth in PUC Code 399.16(b)(1) and the RPS compliance requirements for Portfolio Content Category 1 as set forth in CPUC Decision 11-12-052.

(2) Buyer Representations and Warranties. Buyer represents and warrants that Buyer has taken all necessary steps to establish a WREGIS account to receive the RECs to be transferred from Seller to Buyer prior to the first delivery under this Confirmation.

C. AMENDMENTS TO THE MASTER AGREEMENT

Confidentiality. Se ction 10.11, Confidentiality, of the Master Agreement is amended for purposes of this Confirmation by inserting after the word “proceeding” prior to the semicolon the following: “or to Deliver RECs pursuant to the requirements of WREGIS”.

Notwithstanding anything to the contrary in Section 10.11, Confidentiality, of the Master Agreement, shall be permitted to publicly disclose the Parties’ names, resource type, delivery term, project location, and project capacity with respect to this Confirmation.

DEFINITIONS:

For purposes of this Confirmation, the following definitions shall apply:

“California Renewables Portfolio Standard” or (“ RPS”) means the renewable energy program and policies, codified in California Public Utilities Code Sections 399.11 through 399.32 and California Public Resources Code Sections 25740 through 25751, as such provisions are amended or supplemented from time to time.

“CEC” means the California Energy Commission or its regulatory successor. 5 “CPUC” means the California Public Utilities Commission or its regulatory successor.

“Environmental Attributes” mean s characteristics concerning or affecting the environment created by or resulting from the generation of electric energy by an ERR and which is capable of measurement, verification or calculation. Environmental Attributes do not include tax credits or other benefits under any law or other subsidy for generation of Energy by an ERR.

“ERR” means an
eligible renewable energy resource, as such term is defined in the California Public Utilities Code Section 399.12 or Section 399.16, which is either (a) designed and intended to provide electricity at an annualized plant capacity factor of less than 60 percent, as defined in California Public Utilities Code Section 8340(a), or (b) emits CO2 at a rate less than 1,100 lbs/MWh, in compliance with D.07-01-039, or both.

“FERC” means the Federal Energy Regulatory Commission or its regulatory successor.

“Firm” means, with respect to a Transa ction, that if either Party fails to perform its obligation to sell and deliver or purchase and receive the Product, the Party to which performance is owed shall be entitled to receive from the Party that failed to perform an amount determined pursuant to Article 4 of the EEI Master Agreement. Force Majeure shall not excuse performance of a Firm Transaction.

“Product Content Category 1 ” or (“ PCC1”) means electric energy as set forth in CPUC Code 399.16(b)(1) and the RPS compliance requirements for Portfolio Content Category 1 as set forth in CPUC Decision 11- 12-052.

“STC” stands for Standard Terms and Conditions of the CPUC relating to purchase and sales of the Product.

“WECC” means the Western Electricity Coordinating Council or its successor organizations.

“WREGIS” mean s the Western Renewable Energy Generation Information System or its successor systems.

Notwithstanding anything contained in the Master Agreement to the contrary, this Confirmation shall not be effective unless executed by both Parties.

IN WITNESS WHEREOF, the Parties have signed this Confirmation effective as of the Effective Date.

City of Palmdale , a California municipal corporation
and charter city
Shell Energy North America (US), L.P.

By:

Name: Name:

Title: Title:

Schedule A: Hourly Fixed Energy Schedule (MW)

City Council Staff Report
DATE: OCTOBER 4, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS

ENGINEERING DIVISION
DISTRICT: 1
SUBJECT: ADOPT RESOLUTION NO. CC 202 3-053 A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALMDALE ADOPTING THE

JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE

COUNTY OF LOS ANGELES ACTING ON BEHALF OF THE LOS

ANGELES COUNTY GENERAL FUND, LOS ANGELES COUNTY

CONSOLIDATED FIRE PROTECTION DISTRICT, AND THE LOS
ANGELES COUNTY WATERWORKS #40 – ANTELOPE VALLEY,

THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT
NO. 14 OF LOS ANGELES COUNTY, AND THE GOVERNING

BODIES OF THE ANTELOPE VALLEY CEMETERY DISTRICT,

ANTELOPE VALLEY MOSQUITO AND VECTOR CONTROL

DISTRICT, ANTELOPE VALLEY RESOURCE CONSERVATION
DISTRICT, CITY OF PALMDALE, AND THE ANTELOPE VALLEY –

EAST KERN WATER AGENCY APPROVING AND ACCEPTING

NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES
RESULTING FROM ANNEXATION 14-447 TO COUNTY
SANITATION DISTRICT NO. 14.

ISSUE
Adopt Resolution No. CC 2023-053, a Resolution of the City Council of the City of Palmdale adopting the Joint Resolution of the Board of Supervisors of the County of Los Angeles acting on behalf of the Los Angeles County General Fund, Los Angeles County Consolidated Fire Protection District, and the Los Angeles County Waterworks #40 – Antelope Valley, and the governing bodies of the Antelope Valley Cemetery District, Antelope Valley Mosquito and Vector Control District, Antelope Valley Resource Conservation District, City of Palmdale, and the Antelope Valley – East Kern Water Agency approving and accepting negotiated exchange of property tax revenues resulting from Annexation No. 14-447 to County Sanitation District No. 14.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. CC 2023-053, a Resolution of the City Council of the City of Palmdale adopting the Joint Tax Sharing Resolution entitled “Annexation 14-447” with the County Sanitation District No. 14 of Los Angeles County.

Report to Mayor and City Council
Re: Resolution No. CC 2023-053
October 4, 2023

Page 2 ends

BACKGROUND
In accordance with the Revenue and Tax Code (Sections 99 and 99.01), any time there is a jurisdictional change that results in a special district providing a new service not previously provided to an area, the law requires the governing bodies of all local agencies that receive a portion of that property tax determined by resolution the amount of the annual tax increase to be transferred to that special district. The existing tax revenue based on the property's assessed value received by agencies will not change. This resolution only affects a percentage of future revenue agencies would receive based on the increased property valuation assessment.

DISCUSSION
In the attached letter dated July 27, 2023, the County Sanitation District has requested that the City of Palmdale enter into a tax-sharing agreement for the annexation of parcel number 3218-015-089, as shown in Exhibit A. The proposed development is located at the intersection of Columbia Way (Avenue M) and Division Street and has requested annexation into the County Sanitation District (CSD) No. 14. This annexation is a condition of the development’s entitlement and is required before receiving sewer service.

The execution of the attached Joint Resolution will approve the tax-sharing agreement by the City for the annexation of the subject property into the County Sanitation District No. 14 boundary. All public agencies and special districts that currently receive property tax revenues for these parcels execute and are a party to the same Joint Resolution.

Staff recommends that the City Council adopt Resolution No. CC 2023-053 authorizing the Mayor to execute the Joint Tax Sharing Resolution entitled Annexation No. 14-447 with the County Sanitation District No. 14 for the parcel.

FISCAL IMPACT
The current property tax share ratio for the City of Palmdale within the area of the Ritter Ranch development properties is 0.066294048 (6.6294%). This Council action will allocate 0.003365570 (0.3366%) of any future tax increase to the County Sanitation District No. 14. This results in a net City tax share rate of 0.065895873 (6.5896%). For example, a tax increase based on the assessed property value for these parcels will generate an additional $100 in total property tax. The City would receive an additional $6.5896 of this increase, and the Sanitation District would receive $0.3366. This allocation is made following the State Revenue and Taxation Report to Mayor and City Council
Re: Resolution No. CC 2023-053
October 4, 2023

Page 3 ends

Code, and the allocation formula is established and calculated by the County Auditor- Controller.

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.

ATTACHMENTS

1. Resolution No. CC 2023-053

2. Sanitation District of Los Angeles County Transmittal Letter

3. County Joint Resolution for Annexation No. 14-447

4. Property Tax Transfer Resolution Worksheet

5. Exhibit A, Annexation Map No. 447

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2023-053

JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE

COUNTY OF LOS ANGELES ACTING IN BEHALF OF THE LOS

ANGELES COUNTY GENERAL FUND, LOS ANGELES COUNTY

CONSOLIDATED FIRE PROTECTION DISTRICT, AND THE LOS
ANGELES COUNTY WATERWORKS #40 – ANTELOPE VALLEY, THE
BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 14

OF LOS ANGELES COUNTY, AND THE GOVERNING BODIES OF THE

ANTELOPE VALLEY CEMETERY DISTRICT, ANTELOPE VALLEY

MOSQUITO AND VECTOR CONTROL DISTRICT, ANTELOPE VALLEY

RESOURCE CONSERVATION DISTRICT, CITY OF PALMDALE, AND
THE ANTELOPE VALLEY – EAST KERN WATER AGENCY APPROVING

AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX

REVENUES RESULTING FROM ANNEXATION TO COUNTY
SANITATION DISTRICT NO. 14.

ANNEXATION NO. 447
WHEREAS, pursuant to Section 99 and 99.01 of the Revenue and Taxation Code, prior to the effective date of any jurisdictional change which will result in a special district providing a new service, the governing bodies of all local agencies that receive an apportionment of the property tax from the area must determine the amount of property tax revenues from the annual tax increment to be exchanged between the affected agencies and approve and accept the negotiated exchange of property tax revenues by resolution; and
WHEREAS, the governing bodies of the agencies signatory hereto have made determinations of the amount of property tax revenues from the annual tax increments to be exchanged as a result of the annexation to County Sanitation District No. 14 entitled Annexation No. 447;

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 negotiated exchange of property tax revenues resulting from the annexation of territory to County Sanitation District No. 14 in the annexation entitled Annexation No. 447 is approved and accepted.

SECTION 2. For each fiscal year commencing on and after July 1, 2023, or after the effective date of this jurisdictional change, whichever is later, the County Auditor shall transfer to County Sanitation District No. 14 a total of 0.3365570 percent of the annual tax increment attributable to the land area encompassed within Annexation No. 447 as shown on the attached Property Tax Transfer Resolution Worksheet.

SECTION 3. No additional transfer of property tax revenues shall be made from any other tax agencies to County Sanitation District No. 14 as a result of annexation entitled Annexation No. 447.

SECTION 4. No transfer of property tax increments from properties within a community redevelopment project, which are legally committed to a Community Redevelopment Agency, shall be made during the period that such tax increment is legally committed for repayment of the redevelopment project costs.

SECTION 5. If at any time after the effective date of this resolution, the calculations used herein to determine initial property tax transfers or the data used to perform those calculations are found to be incorrect thus producing an improper or inaccurate property tax transfer, the property tax transfer shall be recalculated and the corrected transfer shall be implemented for the next fiscal year.

The foregoing resolution was adopted by the Board of Supervisors of the County of Los Angeles, the Board of Directors of County Sanitation District No. 14 of Los Angeles County, and the governing bodies of Antelope Valley Cemetery District, Antelope Valley Mosquito and Vector Control District, Antelope Valley Resource Conservation District, City of Palmdale, and the Antelope Valley – East Kern Water Agency, signatory hereto.

SECTION 6. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED and ADOPTED this 4th day of October 2023.

Approved as to form: Laura Bettencourt, Mayor
William P. Curley III
Interim City Attorney
ATTEST:

Rochelle Scott, Acting City Clerk
I, Rochelle Scott, Acting 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 4th day of October, 2023 by the following roll call vote:

AYES:

NOES:

ABSTAIN: ABSENT:

Date:

Rochelle Scott, Acting City Clerk

City Council/SA/HA – 08/02/2023 – 5pm

1 MINUTES

CITY COUNCIL/SA/HA

CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B

PALMDALE, CALIFORNIA
AUGUST 2, 2023

1) CALL MEETING TO ORDER

Mayor Bettencourt called the meeting to order at 5:00 pm.

*Note: All City Council memberships are reflected in their City Council titles.

2) ROLL CALL MAYOR BETTENCOURT, MAYOR PRO TEM ALARCÓN,

COUNCILMEMBERS BISHOP, LOA, OHLSEN COMMISSIONERS FRAGA-

SAENZ, BETTS

PRESENT: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen, Christina Fraga-Saenz, Dianne Betts.

ABSENT: None.

3) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

4) PRESENTATION

4.1) Mayor Bettencourt presented Certificates of Recognition to the Palmdale High School Solar Car Challenge team.

5) PUBLIC COMMENT RULES

6) PUBLIC COMMENTS

The following individuals provided public input: Eugene Hernandez spoke regarding Items 7.1, 13.1, 13.3, a nd the City's adopted budget; Jason Zink spoke regarding Items 7.1, 7.2, section 13 , and the Joint Palmdale/Lancaster City Council meeting; and Diane spoke regarding item 7.1.

7) CONSENT CALENDAR

7.1) Receive and file the monthly and quarterly investment activity reports for June 2023.

7.2) Approve First Amendment for Agreement with Taft Electric Company to increase contract price $180,000 for an amount not to exceed $270,000 for a term through June 2025.

Mayor Pro Tem Alarcón pulled this item for discussion. Director of Public Works Glidden provided background information on Taft Electric.

City Council/SA/HA – 08/02/2023 – 5pm

2 Motion: Approve First Amendment for Agreement with Taft Electric Company to increase contract price $180,000 for an amount not to exceed $270,000 for a term through June 2025
Moved by Andrea Alarcón, seconded by Laura Bettencourt.

Vote: Motion carried (5-0)
Yes: Laur a Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.

Motion: Approve all items as listed on the Consent Calendar except 7.2.

Moved by Austin Bishop, seconded by Richard J. Loa.

Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.

8) NEW BUSINESS

8.1) Presentation on Public Safety.

Neighborhood Services Director Reyes and the Public Safety Division provided a detailed PowerPoint presentation on services provided to the community and businesses.

Discussion ensued regarding the benefit of neighborhood watch programs, the feasibility study with Animal Arts and Team She lter USA , graffiti, Part 1 Crimes, Sheriff's Department response times and vacancies, increased funding for additional staffing in the City of Palmdale Neighborhood Services Compliance Department, Sheriff's Department CARPing, and a Public Safety minute for residents. Lieutenant Rhea, Los Angeles Sheriff's Department, provided clarification on the questions asked by Council.

Chad Christensen, Battalion Chief of the Los Angeles County Fire Department, provided a presentation on the local resources and services provided to the public.

Mayor Bettencourt , Mayor Pro Tem Alarcón, and Council thanked t he Los Angeles County Fire Department for their service.

Councilmember Bishop asked which calls are received the most , fire or paramedic. Battalion Chief Christensen responded paramedic calls for sure.

Mayor Bettencourt stated she would like to have somet hing presented at every other Council meeting related to first responders, the fire department, paramedics, and the Sheriff's Department to keep the public informed on what they are doing and how they are doing it.

The following individuals provided public input: Eug ene Hernandez spoke regarding a post he received from Sheriff Luna; Kalisha Miles -Johnson, AVC political science student, commented in support of information provided at the meeting; Laurel Forrest commented regarding the microphone and public City Council/SA/HA – 08/02/2023 – 5pm

3 comment sect ion; Mario Presents and Carol Ross spoke in support of the Sheriff's Department, Fire Department, and City Council; Jaylene Davidson, Diane, Citizen (no name provided), and Carl spoke in support of the Sheriff's Department and Fire Department; Jason Zink commented regarding attachments for agenda items and Sheriff vacancies; Xavier Flores spoke regarding alcohol outlet density; Citizen (no name provided) commented regarding a one -on-one meeting with each Councilmember; Felix Menendez spoke in support of Sheriff's Department, Human Rights Advisory Committee, and Council.

Mayor Bettencourt announced that the neighborhood watch programs have bilingual staff and deputies and provided the website for the Los Angeles County Sheriff's Department (www.lasd.org) and th e Federal Bureau of Investigation (www.fbi.gov) to search for crime stats.

Mayor Bettencourt closed the Public Comments.

9) NON-AGENDA PUBLIC COMMENTS:

The following individual s provided public input: Jason Zink and Christine Parkinson commented regarding the Sheriff's Department and other miscellaneous items; Laurel Forrest commented in support of Council, on the topic of addiction, and the Joint Palmdale/Lancaster City Council meeting; Carol Ross, Michael Ross, Diane, Chuck Murphy, and three cit izens (no name provided) spoke on the Joint Palmdale/Lancaster City Council meeting; citizen (no name provided), Felix Menendez, and Marisela Gomez commented in support of SALVA receiving City grant funds; Bryant Kline, Teamsters 396, spoke reg arding the Amazon strike; Jaylene Davidson commented regarding Mayor Pro Tem Alarcón and the Sheriff's Department; Irvine commented regarding an incident that happened at SALVA and the services provided; Eugene Hernandez spoke regarding support for the un housed and non -profits; Xavier Flores commented regarding public criticism of a Council person; and Mario Presents spoke in support of the Palmdale Freedom Coalition.

Mayor Bettencourt closed the Public Comments.

10) INFORMATIONAL REPORT FROM MAYOR AND / OR COUNCILMEMBERS ON

THEIR VARIOUS COMMITTEE MEMBERSHIPS AND MEETINGS ATTENDED AT

PUBLIC EXPENSE

10.1) Council Reports on Committee Memberships and Meetings Attended at Public Expense.

The Council stated their reports were on file.

Councilmember Ohlsen announced the July 1st fireworks celebration was well attended and it was a great event; Veteran Peer Access Network facility is open for services; and National Night Out was great.

City Council/SA/HA – 08/02/2023 – 5pm

4 11) CITY COUNCIL ANNOUNCEMENTS AND REQUESTS

Councilmember Bishop requested that staff review the microphone set up on the podium and replace it with something more suitable for public access.

Councilmember Loa spoke about the participation in sports at the Best of the West Softball Complex and the need for a future snack bar.

Mayor Pro Tem Alarc ón spoke about the future snack bar, food distribution programs, and veteran programs.

Mayor Bettencourt requested a future presentation on the Best of the West Softball Complex snack bar.

Councilmember Ohlsen requested the creation of a Public Safety Committee. He also committed to holding town halls or having coffee with the public to increase communication and clear up misinformation.

12) CITY MANAGER’S REPORT

City Manager Perez reported on the following: National Night Out; Battle Cross Monument reveal in Poncitlan Square; Music in the park at Domenic Massari on July 27th; SAVES Back to School event and a community resource fair on July 31st; shovel ceremony for Transwestern Development Company; Music in the Park at Domenic Massari August 3rd; public outreach meeting on the animal feasibility study; Family Movie Night; Summer Concert Series; Tequila & Taco Festival; rollout of the Accela Program; and the Fentanyl Awareness event.

Interim City Attorney Curley made a statement regarding the cost of public improvement projects.

13) PRESENTATION BY CITY ATTORNEY

Interim City Attorney Curley confirmed the Closed Session items.

13.1) CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property Address: Vacant Land located along 3rd Street East near Avenue P- 12 (APN 3006-006-036)
Negotiators for the City: Sophia Reyes, Director Neighborhood Services and Heather Nichols, Senior Housing Coordinator
Negotiator for Property Owner: Leo Hayashi Trust and Hirokazu Konishi Under Negotiation: Price and terms of payment

13.2) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 case

13.3) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Land Developers & Associates Corporation v. Successor Agency to the Community Redevelopment Agency of the City of Palmdale, et al.

Los Angeles County Superior Court
City Council/SA/HA – 08/02/2023 – 5pm

5 Case No. 22AVCV01093
The closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).

13.4) CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property Address: Vacant land VIC of Vineyard Lane and Elizabeth Lake Road (APN 3206-007-001; 3206-006-028; 3205-002-051; 3206-007-059; 3205-002-053; 3206-005-008)
City Negotiator: Luis Garibay, Director of Economic & Community Development
Negotiating parties: RDR Development Holdings LLC
Under negotiation: Price and terms

13.5) CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property Address: Vacant land VIC of Avenue O-8 and 10th St. West (APN 3005-038-076)
City Negotiator: Luis Garibay, Director of Economic & Community Development
Negotiating parties: Green Valley Corporation
Under negotiation: Price and terms

13.6) PUBLIC EMPLOYMENT
Title: City Attorney

14) ANNOUNCEMENT BY CITY ATTORNEY

Items 13.1 - 13.5 - Interim City Attorney Curley announced Council was updated, provided direction to staff, and there were no reportable actions.

Item 13.6 - City Manager Perez announced the Council provided direction and there was no reportable action.

15) ADJOURN

Mayor Bettencourt adjourned the meeting 9:45 p m to August 16, 2023, at 5:00 p m in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.

APPROVED, PASSED, and ADOPTED this 4th day of October 2023.

Laura Bettencourt, Mayor

ATTEST:

Rochelle Scott, Acting City Clerk
City Council Minutes – 08/16/2023 – 5pm

1 MINUTES

CITY COUNCIL/HOUSING AUTHORITY

CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B

PALMDALE, CALIFORNIA
AUGUST 16, 2023

www.cityofpalmdale.org

1) CALL MEETING TO ORDER

Mayor Bettencourt called the meeting to order at 5:00 p.m.

*Note: All City Council memberships are reflected in their City Council titles.

2) ROLL CALL MAYOR BETTENCOURT, MAYOR PRO TEM ALARCÓN,

COUNCILMEMBERS BISHOP, LOA, OHLSEN COMMISSIONERS FRAGA-

SAENZ, BETTS

PRESENT: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen, Christina Fraga -Saenz, Dianne Betts.

ABSENT: None.

3) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

Interim City Attorney Curley requested the addition of a new Item 14.1 D'Angelo vs City of Palmdale and stated the findings and the need to take immediate action .

Motion: Add item 14.1 regarding D'Angelo vs City of Palmdale case.

Moved by Andrea Alarcón, seconded by Austin Bishop.

Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.

4) WAIVER OF FULL READING OF RESOLUTION(S) and ORDINANCE(S)

Motion: Move to waive full reading of the Resolution (s) and/or Ordinance(s) to be considered and voted on at this meeting.

Moved by Richard J. Loa, seconded by Austin Bishop.

Vote: Motion carried (7-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen, Christina Fraga -Saenz, Dianne Betts.

City Council Minutes – 08/16/2023 – 5pm

2 5) PUBLIC COMMENTS:

The following individuals provided public input: Eugene Hernandez commented regarding the future snack bar at the Best of the West Softball Complex; Cesar spoke in favor of Patrick Brophy being appointed to The Palmdale Aerospace Academy; Michael Ross spoke regarding items 7.5 and 7.6; and Jason Zink spoke regarding items 7.2, 7.5, and 7.6.

Mayor Bettencourt closed the Public Hearing.

6) HOUSING AUTHORITY CONSENT CALENDAR

6.1) Review and approve budget adjustments for acquisition of vacant land located along 3rd Street East near Avenue P -12 (APN 3006-006-036).

6.2) Approve the minutes from the previous meetings.

June 7, 2023 - HA Minutes
June 21, 2023 - HA Minutes

Motion: Approve all items listed on the Housing Authority Consent Calendar Moved by Austin Bishop, seconded by Richard J. Loa.

Vote: Motion carried (7-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen, Christina Fraga -Saenz, Dianne Betts.

7) CONSENT CALENDAR

7.1) Approve Second Amendment to agreement with NBS Government Finance Group (A-7611) to increase the total amount of the Agreement by $75,250 for a not to exceed amount of $1,001,380 for the remainder of the term through 2024.

7.2) Approve Second Amendment to Lega l Services Agreement with Bradley, Gmelich & Wellerstein, LLP (A -7819) to increase the total amount of the Agreement by an additional $240,000 not to exceed the sum of $990,000.

7.3) Approve service agreement for a digital divide study with Nutter Consulting in the amount of $140,000 for a term of six (6) months.

7.4) Award Agreement with MNS Engineers, Inc. for Construction Management and Inspection Services Associated with PN795, Sam Yellen Park Phase 2, in the amount of $535,568 for a term of 16 months from the date of Notice to Proceed.

7.5) Approve Grant Agreement A-8464 with Advancing Communities Together for $781,820 for development of 20 -units of crisis interim housing, for a ten -year term, to be located at 38629 9th Street East, Palmdale.

Housing Coordinator Nichols provided a detailed overview of Item 7.4.

City Council Minutes – 08/16/2023 – 5pm

3 Council asked questions regarding the tiny home community's funding source, project location, and maximum capacity . Housing Coordinator Nichols responded.

Rossie and Olivia Cherry, Advancing Communities Together, spoke regarding developing properties, workforce development, servi ng the unhoused in the community, and a safety plan.

Discussion ensued regarding competitive proposals, access for City of Palmdale referrals, operational costs, and funding sources.

Motion: Approve Grant Agreement A-8464 (7.5) and A-8465 (7.6) with Advancing Communities Together.

Moved by Richard J. Loa, seconded by Austin Bishop.

Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.

7.6) Approve Grant Agreement A-8465 with Advancing Communities Together for $390,220 for facility improvements and site preparation for a Winter Shelter to be located at 38626 9th Street East, Palmdale.

7.7) Adopt Resolution No. CC 2023 -050, a Resolution of the Cit y Council of the City of Palmdale establishing a new full -time position and amending the City’s Classification and Pay Plan for General Positions.

7.8) Adopt Resolution No. CC 2023 -048, a Resolution of the City Council of the City of Palmdale, authorizing the submission of the application for the 2023 Local Edward Byrne Memorial Justice Grant (JAG) Program to receive Grant allocation of $54,869.

7.9) Approve the minutes from the previous meeting. July 12, 2023 - CC/SA Minutes July 19, 2023 - CC Minutes

Motion: Approve all items listed on the Consent Calendar except 7.5 and 7.6.

Moved by Austin Bishop, seconded by Richard J. Loa.

Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.

8) APPOINTMENT

8.1) City Council nomination and appointment of one (1) member to The Palmdale Aerospace Academy Board of Directors.

Mr. Brophy provided his background and experience.

Motion: Appoint Patrick Brophy to The Palmdale Aerospace Academy Board of Directors.

Moved by Richard J. Loa, seconded by Eric Ohlsen.

City Council Minutes – 08/16/2023 – 5pm

4 Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.

9) PUBLIC HEARING

9. 1) Introduction and Adoption of Ordinance No. 1613, an Ordinance of the City Council of the City of Palmdale approving Zoning Ordinance Amendment 23- 001 and Zone Change 23 -001, a request to modify Title 17 of the Palmdale Municipal Code to address inconsiste ncies correct typographical errors, update the associated Zoning Map and find that the Amendment is consistent with Program Environmental Impact Report (PEIR) 22 -002 prepared and certified in conjunction with City's General Plan (Palmdale2045).

Mayor Bettencourt read the title of Ordinance No. 1613.

Associate Planner Almora provided a brief PowerPoint on this project.

Mayor Bettencourt called for Public Comments.

Public Comment: Jason Zink

Mayor Bettencourt closed the Public Comments.

Motion: Introduce and Adopt Ordinance No. 1613
Moved by Andrea Alarcón, seconded by Richard J. Loa.

Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.

9. 2) Introduction and Adoption of Ordinance No. 1614, an Ordinance of the City Council of the City of Palmdale, a request to amend various sections of the Palmdale Municipal Code to address inconsistencies, correct typographical errors and references and findin g that the Amendment is consistent with Program Environmental Impact Report 20 -002 prepared and certified in conjunction with the City's General Plan (Palmdale 2045).

Planning Manager Magana read the title of Ordinance No. 1614 and presented a PowerPoint on the this item.

Public Comment: Jason Zink

Mayor Bettencourt closed the Public Comments.

Motion: Introduce and Adopt Ordinance No. 1614
Moved by Richard J. Loa, seconded by Andrea Alarcón.

Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Al arcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.

City Council Minutes – 08/16/2023 – 5pm

5 9. 3) Introduction and Adoption of Ordinance No. 1611, an Ordinance of the City Council of the City of Palmdale, Amending Section 2.08.010 of the Palmdale Municipal Code to establish the process to annually designate the mayor and selecting the mayor pro tem.

Mayor Bettencourt read the title of Ordinance No. 1611.

Interim City Attorney Curley presented a detailed overview of this item.

There was Council discussion regarding a Councilmember declining their rotational position as mayor, and a rotational option for mayor pro tem.

Mayor Bettencourt called for Public Comments.

The foll owing individuals provided public input: Jason Zink, Marcos Alvarez, Vicky Ventura, Felix Menendez, Marsha Furman, Xavier Flores, citizen (no name provided), and Bertha De Alegria

Mayor Bettencourt closed the Public Comments.

Council discussion ensued regarding the redistricting process, rotational systems, and the California Voters Rights Act.

Councilmember Ohlsen requested that staff research and report back to the Council on the process and feasibility of bringing back the directly elected mayor.

Councilmember Ohlsen suggested adding two provisions: 1) A Councilmember can deny the rotational position as mayor and 2) The mayor pro tem shall serve with the same provisions as mayor that they cannot be represented twice within a full rotation.

There was further discussion among the Council regarding amendments to the ordinance. Interim City Attorney Curley restated the changes suggested by Council. Discussion ensued regarding election reform .

Council suggested creating a public survey to receive feedback from the community after the legal analysis is completed .

Council provided direction to City Manager Perez to receive a legal analysis of a rotational mayor versus and at -large mayor and a strong mayor versus a ceremonial mayor.

Motion: Introduce and Adopt Ordinance No. 1611 with the amen dments articulated by Interim City Attorney Curley from the dais.

Moved by Laura Bettencourt, seconded by Richard J. Loa.

Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.

City Council Minutes – 08/16/2023 – 5pm

6 10) NEW BUSINESS

10. 1) Presentation update for the Community Programs Division.

Community Programs Coordinator Morales gave a detailed PowerPoint on the resources and services offered through SAVES and introduced the community partners.

Discussion ensued regarding the timefram e for the relocation of SAVES and the different programs offered at SAVES.

Council thanked staff and the community partners.

Mayor Bettencourt called for Public Comments .

Public Comment: Jason Zink spoke regarding signage and grants .

Mayor Bettencourt closed the Public Comments .

10. 2) Consideration and adoption of City Council Rules and Regulations; recommendation to adopt Resolution No. CC 2023 -052, a Resolu tion establishing a Code of Conduct for City Council Members and Officials and establishing rules for conducting City Council Meetings.

Mayor Bettencourt requested that the item be postponed.

Discussion ensued regarding designating an Ad Hoc Committee and revisions to the code of conduct .

Motion: Continue Item 10.2
Moved by Laura Bettencourt, seconded by Andrea Alarcón.

Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.

10. 3) Letter of Support protecting U.S. Manufacturing Jobs, Community Investments, and Promoting Innovative Workforce and Community Partnerships.

Mayor Pro Tem Alarcón recused herself from this item stating a conflict of interest.

Councilmember Bishop recused himself from this item stating he has done business with BYD in the past.

Economic and Community Development Director Garibay provided Council with the background on this item.

Mayor Bettencourt called for Public Comments.

The following individuals provided public comments: Jason Zink; Eugene City Council Minutes – 08/16/2023 – 5pm

7 Hernandez, and Marcos Alvarez.

Mayor Bettencourt closed the Public Comments.

Discussion ensued regarding saving local jobs.

Motion: Approve Letter of Support p rotecting U.S. Manufacturing Jobs, Community Investments and Promoting Innovative Workforce and Community Partnerships
Moved by Laura Bettencourt, seconded by Richard J. Loa.

Vote: Motion carried (3-0)
Yes: Laura Bettencourt, Richard J. Loa, Eric Ohlsen.

Mayor Pro Tem Alarcon and Councilmember Bishop returned to the dais.

11) NON-AGENDA PUBLIC COMMENTS:

The following individuals provided public input: Jason Zink commented regarding grant leveraging, agenda presentations, and support for seniors; David Harris spoke regarding grants, Waste Management, and thanked Parks and Recreation for allowing their day camp to operate at Domenic Massari Park; Bertha De Alegria commented in support of SAVES; citizen (no name provided) disc ussed appointment of mayor and mayor pro tem; Eugene Hernandez commented regarding the Sheriff's Department; and Marcos Alvarez spoke regarding help for troubled youth and challenges faced in the Antelope Valley.

Mayor Bettencourt commented regarding chal lenges experienced in the North County when trying to get help for mental health issues.

Mayor Pro Tem Alarcón provided the 988 crisis line for suicide prevention.

Discussion ensued regarding the 988 crisis line, contacting 911 for the Mental Evaluation Team; fentanyl poisoning report, and mental health .

Citizen (no name provided) discussed the council rules of conduct.

12) CITY COUNCIL ANNOUNCEMENTS AND REQUESTS

Councilmember Ohlsen reiterated his request for the creation of a Cr iminal Justice Commission.

Mayor Pro Tem Alarcón announced the Antelope Valley Air Quality Management District (AVAQMD) approved funding for 12 electric vehicle charging stations at McAdams Park and electric vehicle charging stations at the Auto Mall; and applications are being accepted from Junior High and High School students for the Mayor Pro Tem for the Day Program.

Discussion ensued regarding a future leaders program and mock city council meetings.

City Council Minutes – 08/16/2023 – 5pm

8 13) CITY MANAGER’S REPORT

City Manager Perez reported on the following: Tequila & Taco Festival; Family Movie Night August 18th; Summer Concert Series August 19th; Palmdale Partners Academy; Installation of flashing beacon at Summerwind Elementary to increase safety; Letter of Support was sent to advocate for additional SNAP benefits; held outreach meetin gs surrounding unhoused population in March, April, and May; Small Business Grant Program; and celebration of the City's 61st birthday on August 24th.

Mayor Pro Tem Alarcón stated the non -profit organization training boot camp was amazing.

14) PRESENTATION BY CITY ATTORNEY

Interim City Attorney Curley confirmed the Closed Session items.

14. 1) CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION Donald D'Angelo v. County of Los Angeles, et al
Los Angeles County Superior Court Case No. 21AVC00441

14. 2) PUBLIC EMPLOYMENT
Title: City Attorney

15) ANNOUNCEMENT BY CITY ATTORNEY

Interim City Attorney Curley announced there were no reportable actions.

16) ADJOURNMENT

Mayor Bettencourt adjourned the meeting in honor of the victims in Lahaina, Maui to September 6, 2023, at 5:00 p.m. in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.

APPROVED, PASSED, and ADOPTED this 4th day of October 2023.

Laura Bettencourt, Mayor

ATTEST:

Rochelle Scott, Acting City Clerk
City Council/SA/HA – 09/06/2023 – 5pm

1 MINUTES

CITY COUNCIL/SA/HA

CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B

PALMDALE, CALIFORNIA
SEPTEMBER 6, 2023

www.cityofpalmdale.org

1) CALL MEETING TO ORDER

Mayor Bettencourt called the meeting to order at 5:00 pm.

*Note: All City Council memberships are reflected in their City Council titles.

2) ROLL CALL MAYOR BETTENCOURT, MAYOR PRO TEM ALARCÓN,

COUNCILMEMBERS BISHOP, LOA, OHLSEN COMMISSIONERS FRAGA-

SAENZ, BETTS

PRESENT: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa, Christina Fraga -Saenz, Dianne Betts.

ABSENT: None.

3) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

4) PRESENTATIONS

4. 1) Mayor Bettencourt presented a Proclamation to Jacqueline Fontana, You Are Enough Foundation, declaring September as Suicide Prevention Awareness Month in the City of Palmdale.

4. 2) Mayor Bettencourt presented Certificates of Recognition to the Quartz Hill Fury girls ’ soccer team for winning the 11U Girls Extra championship at the 2023 AYSO National Games.

4. 3) Mayor Bettencourt, Congressman Garcia’s Office, Assemblyman Lackey’s Office, Assemblyman Carrillo’s Office, and Kathryn Barger’s Office made presentations to Mike Miller in honor of his retirement from the City of Palmdale.

5) WAIVER OF FULL READING OF RESOLUTION(S) and ORDINANCE(S)

Motion: Move to waive full reading of the Resolution (s) and/or Ordinance(s) to be considered and voted on at this meeting.

Moved by Andrea Alarcón, seconded by Richard J. Loa.

City Council/SA/HA – 09/06/2023 – 5pm

2 Vote: Motion carried (5-0)
Yes: Laura Bettencou rt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J.

Loa.

6) PUBLIC COMMENT RULES

7) PUBLIC COMMENTS:

None.

Mayor Bettencourt closed the Public Comments.

8) HOUSING CONSENT CALENDAR

8. 1) Approval of the Housing Authority of The City of Palmdale's Annual Report prepared and submitted per the Health and Safety Code Section 34328 and 34328.1 and authorize the Executive Director or their designee to submit the report to the State of California Department of Housing and Community Development (HCD).

Management Analyst II Bartlett provided a brief overview of the item.

Mayor Pro Tem Alarcón commended staff for their hard work.

Motion: Approve all items as listed on the Housing Authority Consent Calendar Moved by Andrea Alarcón, seconded by Christina Fraga -Saenz.

Vote: Motion carried (7-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa, Christina Fraga -Saenz, Dianne Betts.

9) CONSENT CALENDAR

9.1) Receive and file the Monthly Investment Activity Reports for July 2023.

9.2) Approval of the City Council's Discretionary Funds Policy and Procedures.

Mayor Pro Tem Alarcón pulled this item for discussion.

City Council Chief of Staff Zayas presented the staff report.

Discussion ensued regarding a dedicated email address for funding requests, utilization of funds by Councilmembers to support community events, and flexibility in using the discretionary funds. City Manager Perez and Interim City Attorney Curley provided clarification on the use of discretionary funds.

There was Council consensus to bring this item back at a later date.

City Council/SA/HA – 09/06/2023 – 5pm

3 9.3) Approve Third Amendment with Universal Electronic Alarms, Inc. to increase contract price by $90,000 in an amount not to exceed $190 ,000, for the remainder of the term through June 2024.

9.4) Approve Second Amendment with NBS Government Finance Group to increase the total amount of the agreement by $78,000 for an amount not to exceed $208,000 and extend the agreement through March 2025.

9.5) Approve Lease Agreement with the American Legion, Post 348, for a City- owned building located at 1002 East Avenue Q -12, Palmdale, CA 93550.

Mayor Pro Tem Alarcón pulled this item for discussion.

Economic and Community Development Director Garibay provi ded a brief overview of the item.

Ralph Velador, Vice Commander of the Palmdale American Legion Post 348, spoke regarding the organization and the services provided to the community.

Councilmember Loa requested that City Manager Perez and Economic and Community Development Garibay find a location for the American Legion to occupy until they take up residence at 1002 East Avenue Q -12.

Mayor Pro Tem Alarcón requested an amendment to Paragraph 4 regarding the lease rate. Discussion ensued.

Motion: Approve Lease Agreement with the American Legion, Post 348, for a City-owned building located at 1002 East Avenue Q -12, Palmdale, CA 93550 with amendment to lease rate.

Moved by Andrea Alarcón, seconded by Richard J. Loa.

Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.

9.6) Approve Energy for Palmdale’s Independent Choice (EPIC) 2022 Power Content Label and Attestation.

Public Works

Motion: Approve all items as listed on the Consent Calendar exce pt Items 9.2 and

9.5. Moved by Richard J. Loa, seconded by Laura Bettencourt.

Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J.

Loa.

City Council/SA/HA – 09/06/2023 – 5pm

4 10) PUBLIC HEARING

10.1) Public Hearing to receive feedback on the Draft Consolidated Annual Performance Evaluation Report (CAPER) for Fiscal Year 2022 -2023; review and approve the 2022 -2023 CAPER; and authorize the City Manager or their designee to make necessary changes and submit the CAPER report to the U.S. Department of Housing and Urban Development (HUD) by September 28, 2023 in compliance with HUD Regulations

Management Analyst II Bartlett presented the staff report.

There were Council questions regarding the services for the unhoused, use and carryover of unused funds, and public outreach. Neighborhood Services Director Reyes provided clarification on the available programs and the allocation of grant funds.

Public Comment: Jason Zink spoke regarding the support of seniors and disabled veterans.

Mayor Bettencourt closed the Public Comments.

Motion: Approve the findings as listed on the staff report.

Moved by Andrea Alarcón, seconded by Austin Bishop.

Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.

11) NEW BUSINESS

11.1) Presentation on Los Angeles Homeless Services Authority Homeless Count.

Heather Varden, Community Relations Coordinator of LAHSA, provided a detailed PowerPoint on the 2023 Greater Los Angeles Homeless Count.

Discussion ensued regarding the homeless count for Palmdale, response time for the Los Angeles County Homeless Outreach Portal, outreach to the unhoused in remote areas, migration study and funding of communities, mental health and safety, and a domestic violence shelter.

Council thanked Ms. Varden for her service.

City Council/SA/HA – 09/06/2023 – 5pm

5 12) NON-AGENDA PUBLIC COMMENTS:

The following individuals provided public comments: Todd Davis, Toys for Tots, thanked Council for locating a facility for their organization; Bryant Kline updated Council regarding the Amazon strike; Breela spoke in support of Toys for Tots; Pastor Duncan commented in support of Toys for Tots and the unhoused; Gigi Speaks encouraged individuals to attend Gracefest and spoke regarding outreach to the homeless; Selina Baraza, Palmdale Food Park, commented in support of food truck vendors; Luis Navarro, Trinity Harvest Food Bank, spoke regarding recognition of Hisp anic Heritage Month; Jason Zink commented regarding digital signs, City website, and the creation of a HUD district in the Antelope Valley; citizen (no name provided) spoke regarding the rotational mayor; Marsha commented regarding the unhoused, outreach p rograms, human trafficking, and safety; Marcos Alavarez, Roger Soderstedt, and citizen (no name provided) spoke regarding the unhoused and providing a solution; citizen (no name provided) spoke regarding the unhoused and providing solutions, and the City's code of conduct for Councilmembers; and Jesus Gutierrez commented regarding corporations paying reasonable wages.

13) INFORMATIONAL REPORT FROM MAYOR AND / OR COUNCILMEMBERS ON

THEIR VARIOUS COMMITTEE MEMBERSHIPS AND MEETINGS ATTENDED AT

PUBLIC EXPENSE

13. 1) Council Reports on Committee Memberships and Meetings Attended at Public Expense.

Council reports were posted with the agenda.

14) CITY COUNCIL ANNOUNCEMENTS AND REQUESTS FOR NEW AGENDA ITEMS

Mayor Pro Tem Alarcón reported the following: Metrolink announced they will increase the service lines in the Antelope Valley in October starting as early as 4:00 am and returning as late as 11 pm; stated September is Childhood Cancer Awareness month and requested a formal pro clamation to commemorate; and announced that she would be hosting an event at a local salon donating ten inches of her hair to Locks of Love.

Mayor Bettencourt expressed the importance of cancer patients having hair and thanked Mayor Pro Tem Alarcón for donating her hair to Locks of Love.

15) CITY MANAGER’S REPORT

City Manager Perez reported on the following: 9th Annual Generations Art Contest; Palmdale Partners Academy; Gracefest to be held on September 8th and 9th; Kiwanis Duck Race to be held on September 8th @ Dry Town; Fallen Heroes Memorial Remembrance Ceremony to be held at the mall on Monday September 11th @ 9am; AV Fair and Alfalfa Festival to be held September 22nd through October 1st; Movie Nights at the Amphitheatre for Halloween; the City received the Earl F Sayre Excellence in Safety Award; and grand openings of Xevichez , Handel’s , Farmer's Insurance, Hair by Mariam, and Jersey Mike Subs.

City Council/SA/HA – 09/06/2023 – 5pm

6 16) PRESENTATION BY CITY ATTORNEY

Interim City Attorney Curley confirmed the Closed Session items.

16. 1) CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Vacant land located at the Northeast quadrant of the Antelope Valley (State Route 14) Freeway and West Palmdale Boulevard (APN 3008 - 041-001, 002, 003, 004, 005, 007, 008, 009, 010).

City Negotiator: Ronda Perez, City Manager and Michael Miller, Assistant City Manager Negotiating Parties: Royal and Aframian, LLC; Royal Investors Group, LLC; 26 Maple, LLC; JAZ Investment Corporation; and K Land Associates.

Under Negotiation: Price and terms of payment

16. 2) CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property Address: Vacant land VIC of Avenue O and Sierra Highway (APN 3006-003-036; 3006-003-036; 3006-003-040; 3006-003-044) City Negotiator: Luis Garibay, Director of Economic & Community Development
Negotiating parties: Sierra Gateway Resolution, LLC
Under negotiation: Price and terms

17) ANNOUNCEMENT BY CITY ATTORNEY

Closed Session was held from 8:14 pm - 8:58 pm

Interim City Attorney announced there were two properly agendized items, the Council was updated, provided direction to staff, and there was no reportable action.

Mayor Bettencourt announced that the State of the City would be held on S eptember 13, 2023 at 11am, and tickets are available for purchase.

18) ADJOURN

Mayor Bettencourt adjourned the meeting at 9:00 pm to October 4, 2023 at 5:00 pm in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.

PASSED, APPROVED, and ADOPTED this 4th day of October 2023.

Laura Bettencourt, Mayor

ATTEST:

Rochelle Scott, Acting City Clerk

CITY OF PALMDALE

OFFICE OF THE CITY COUNCIL

M E M O R A N D U M

TO: City Clerk

FROM: Laura Bettencourt, Mayor

SUBJECT: Monthly Informational Report – Events and Meetings

DATE: October 4, 2023

During the period September 1, through September 30, 2023, I attended the following meetings and events:

Sept. 5: Palmdale Partners Academy Welcome

Sept. 6: Legacy Commons Advisory Board Installation

Sept. 6: Regular Council Meeting

Sept. 6: Brent Ives, BHI Consulting

Sept. 10: Family Day at Drytown

Sept. 11: 9/11 Remembrance Ceremony AV Fallen Heroes Memorial

Sept. 13: State of the City-AV Chambers Luncheon

Sept. 14: County Sanitation District 14 and 20 Board meeting

Sept. 16: Press Conference at AV Hospital for Deputy Clinkunbroomer

Sept. 17: Press Conference for Deputy Clinkunbroomer

Sept. 17: Vigil for Sheriff’s Deputy Clinkunbroomer

Sept. 18: Press Conference for Deputy Clinkunbroomer

Sept. 29: Presentation to Judy Cooperberg of MHALA

Sept. 30: Childhood Cancer Awareness-Locks of Love donation MPT Alarcon

CITY OF PALMDALE

OFFICE OF THE CITY COUNCIL

M E M O R A N D U M

TO: City Clerk

FROM: Andrea Alarcón, Mayor Pro Tem

SUBJECT: Monthly Informational Report – Events and Meetings

DATE: October 4, 2023

During the period September 1, through September 30, 2023, I attended the following meetings and events:

Sept. 1: Xevichez Grand Opening

Sept. 8: Dolores Huerta Food Distribution

Sept. 6: Regular Council Meeting

Sept. 8: Ventura Graphix 22
nd Year Anniversary Celebration

Sept. 9: Erick A. Garcia “You Are Enough” Foundation Suicide Prevention Awareness Month Event

Sept. 8: Dolores Huerta Food Distribution

Sept. 11: 9/11 Remembrance Ceremony AV Fallen Heroes Memorial

Sept. 13: State of the City-AV Chambers Luncheon

Sept. 14: Palmdale Woman’s Club Luncheon

Sept. 14: AV Grubfest-Victory Outreach

Sept. 15: SALVA Food Distribution

Sept. 15: BYTE Dental Kit Giveaway

Sept. 15: Dolores Huerta Food Distribution

Sept. 15: SALVA Family Movie Night

Sept. 16: Mexican American Independence Day Celebration-Adelanto

Sept. 16: Palmdale Playhouse Hispanic Heritage Month Performance

Sept. 16: Press Conference for Deputy Clinkunbroomer at AV Hospital/Procession to Coroner

Sept. 17: Press Conference for Deputy Clinkunbroomer

Sept. 17: Vigil for Sheriff’s Deputy Clinkunbroomer

Sept. 18: Press Conference for Deputy Clinkunbroomer

Sept. 19: AVAQMD Board Meeting

Sept. 19-22: League of California Cities Annual Conference and Expo

Sept. 26: Palmdale Public Art Commission Meeting

Sept. 27: Guest Speaker AVID Students—Littlerock High School

Sept. 27: Sister Cities Meeting

Sept. 27: Measure AV Committee Meeting

Sept. 28: Valley Oasis 1
st Annual Young Adult Resource Fair

Sept. 28: 9
th Annual Biz Fed Freshman Policymakers Reception

Sept. 30: SAVES Empty Bowls Gala

Sept. 30: Locks of Love Hair Donation

Sept. 28-Sept.30: AV Fair & Alfalfa Festival

CITY OF PALMDALE

OFFICE OF THE CITY COUNCIL

M E M O R A N D U M

TO: City Clerk

FROM: Austin Bishop, Councilmember

SUBJECT: Monthly Informational Report – Events and Meetings

DATE: October 4, 2023

During the period September 1, through September 30, 2023, I attended the following meetings and events:

Sept. 1: Xevichez Grand Opening

Sept. 6: Spanish Talk Radio Program

Sept. 6: Regular Council Meeting

Sept. 7: Handel’s Homemade Ice Cream Grand Opening

Sept. 11: 9/11 Remembrance Ceremony AV Fallen Heroes Memorial

Sept. 12: Audit Committee Meeting

Sept. 13: State of the City-AV Chambers Luncheon

Sept. 16: Press Conference at AV Hospital for Deputy Clinkunbroomer

Sept. 17: Press Conference for Deputy Clinkunbroomer

Sept. 17: Vigil for Sheriff’s Deputy Clinkunbroomer

Sept. 18: Press Conference for Deputy Clinkunbroomer

Sept. 19: AVAQMD Board Meeting

Sept. 19: Public Art: Walk on Words Sidewalk Poetry Unveiling

Sept. 19: Sister Cities Welcome Reception

Sept. 20: Jersey Mike’s Grand Opening

Sept. 22-27: AV Fair & Alfalfa Festival

CITY OF PALMDALE

OFFICE OF THE CITY COUNCIL

M E M O R A N D U M

TO: City Clerk

FROM: Richard Loa, Councilmember

SUBJECT: Monthly Informational Report – Events and Meetings

DATE: October 4, 2023

During the period September 1, through September 30, 2023, I attended the following meetings and events:

Sept. 1: Xevichez Grand Opening

Sept. 6: Regular Council Meeting

Sept. 6: Brent Ives, BHI Consulting

Sept. 7: SCAG Transportation Committee Meeting

Sept. 7: Amigos De La Feria Board Meeting

Sept. 11: 9/11 Remembrance Ceremony AV Fallen Heroes Memorial

Sept. 12: Swearing-In Lancaster Police Chief

Sept. 13: State of the City-AV Chambers Luncheon

Sept. 14: LA County Sanitation District 14 and 20 Board Meeting

Sept. 14: Amigos De La Feria Board Meeting

Sept. 16: Press Conference for Deputy Clinkunbroomer at AV Hospital

Sept. 17: Press Conference for Deputy Clinkunbroomer

Sept. 17: Vigil for Sheriff’s Deputy Clinkunbroomer

Sept. 18: Press Conference for Deputy Clinkunbroomer

Sept. 21: Amigos De La Feria Board Meeting

Sept. 22: Amigos De La Feria Opening Night Event at AV Fair & Alfalfa Festival
Sept. 24: Amigos De La Feria at AV Fair & Alfalfa Festival

Sept. 26: AVTA Board Meeting

Sept. 26: Sheriff’s Booster’s AV Fair Concert

Sept. 27: Business Friendly Developer Roundtable

Sept. 28: Amigos De La Feria Board Meeting

CITY OF PALMDALE

OFFICE OF THE CITY COUNCIL

M E M O R A N D U M

TO: City Clerk

FROM: Eric Ohlsen, Councilmember

SUBJECT: Monthly Informational Report – Events and Meetings

DATE: October 4, 2023

During the period September 1, through September 30, 2023, I attended the following meetings and events:

Sept. 6: Spanish Talk Radio Program

Sept. 6: Regular Council Meeting

Sept. 6: Brent Ives, BHI Consulting

Sept. 8: Kiwanis Duck Race at Drytown

Sept. 8: Ventura Grafix 22
nd Year Anniversary Celebration Mixer

Sept. 11: 9/11 Remembrance Ceremony AV Fallen Heroes Memorial

Sept. 13: State of the City-AV Chambers Luncheon

Sept. 16: Press Conference for Deputy Clinkunbroomer at AV Hospital

Sept. 17: Press Conference for Deputy Clinkunbroomer

Sept. 17: Vigil for Sheriff’s Deputy Clinkunbroomer

Sept. 18: Press Conference for Deputy Clinkunbroomer

Sept. 19: Public Art: Walk on Words Sidewalk Poetry Unveiling

Sept. 19: Sister Cities Welcome Reception

Sept. 20: Jersey Mike’s Grand Opening

Sept. 26: AVTA Board Meeting

Sept. 22-30: AV Fair & Alfalfa Festival

Palmdale City CouncilOctober 4, 2023

Palmdale City Council
October 4, 2023