Agenda packet, regular meeting, first session — Palmdale City Council, November 15, 2023 (part 1 of 6)

1. CALL MEETING TO ORDER

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

2. ROLL CALL

MAYOR BETTENCOURT, MAYOR PRO TEM ALARC
Ó

N, COUNCILMEMBERS

BISHOP, LOA, OHLSEN

COMMISSIONERS FRAGA-SAENZ, BETTS

3. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

4. PRESENTATION

4.1 Declaring Saturday, November 25th, 2023 as Small Business Saturday.

PUBLIC COMMENT RULES:
“(California Government Code Section 54954.3).
(a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body’s consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2 [section omitted].

CITY COUNCIL MEETING

HOUSING AUTHORITY

CITY COUNCIL CHAMBERS
38300 SIERRA HIGHWAY

SUITE B
PALMDALE, CA 93550
WEDNESDAY, NOVEMBER 15, 2023
5:00 PM
www.cityofpalmdale.org

WELCOME
City Council
Wednesday, November 15, 2023

(b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of the subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.
(2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non- English speakers receive the same opportunity to directly address the legislative body of a local agency.”

In furtherance of Section 54954.3 of the Brown Act, the public is allotted to speak a total of three (3) minutes on the entirety of the CC/HA Consent Calendar(s), Appointment, New Business and Closed Session, with two (2) minutes on each Public Hearing, and, if desired, an additional two (2) minutes on items not on the agenda that are within the subject matter jurisdiction of the City Council. As specified in the Brown Act, a speaker utilizing a translator will receive twice the amount of time specified.

5. PUBLIC COMMENTS:

CC/HA CONSENT CALENDAR(S), APPOINTMENT, NEW BUSINESS, AND CLOSED SESSION:

Now is the time for public participation on items listed on the CC/HA Consent Calendar(s), Appointment, New Business, and Closed Session. Each speaker is allotted three (3) minutes total on the entirety of the above sections.

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

6.1 Waive full reading of the Resolution(s) and/or Ordinance(s) to be considered and voted on at this meeting. (This permits reading the title only in lieu of reciting the entire text.)

6.2 Approve ongoing contractor service agreements with M. Brey Electric, Inc. dba MBE Construction (A-8566), Houalla Enterprises Ltd. dba Metro Builders & Engineers Group, Ltd. (A-8558), and Nash Construction Services, Inc. (A-8565) for $200,000 each for two years with option for one additional year.

SR_-_HA_-_Ongoing_Contractor_Agreements.docx

Brey Electric, Inc. dba MBE Construction(A-8566).pdf

Metro Builders & Engineers Group (A-8558).pdf

Nash Construction Services Inc. (A-8565).pdf

City Council
Wednesday, November 15, 2023

6.3 Adopt Resolution No. HA 2023-004, a Resolution of the Housing Authority of the City of Palmdale approving the sale of 38553 4
th
Street East, APN 3008-016-902
at the appraised value to an eligible household, and to provide a loan from proceeds or Permanent Local Housing Allocation funds (PLHA) to meet affordability requirements.

03_Staff_Report_HA_4th_Street_v2.docx

Resolution 2023 004 4th Street.docx

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

7.1 Adopt Resolution No. CC 2023-075, a Resolution of the City Council of the City of Palmdale amending the City's Classification and Pay Plan for General Positions; Adopt Resolution No. CC 2023-076, a Resolution of the City Council of the City of Palmdale amending the City's Classification and Pay Plan for Bargaining Unit Positions; and Adopt Resolution No. CC 2023-037, a Resolution of the City Council of the City of Palmdale Establishing Director/Executive Employees' Compensation, Benefits, and Other Terms and Conditions of Employment.

1._Staff_Report_-_Classification_And_Pay_Plan.docx

2. Resolution CC 2023-075 General Positions

11.15.23.doc

3. Exhibit #1 2023-075 CLASSIFICATION AND PAY PLAN General Positions

11.15.2023.doc

3. Exhibit #2 Salary Schedule General Positions 11.15.23.pdf

4. Resolution CC 2023-076 Bargaining Unit 11.15.23.doc

5. Exhibit #1 2023-076 CLASSIFICATION AND PAY PLAN Bargaining Unit

11.15.23.doc

5. Exhibit #2 Salary Schedule Baragining Unit Positions 11.15.23.pdf

6. Resolution CC 2023-037
Executive Employment Resolution.doc

7.2 Adopt Resolution No. CC 2023-067, a Resolution of the City Council of the City of Palmdale approving the Palmdale Aerospace Incentive Program.

SR-_Aerospace_Incentive_Program.docx

RESO- CC 2023-067 Aerospace Incentive Program.doc

Aerospace Incentive Program Application_.docx

7.3 Notice of Completion - Accept Public Improvements for Circle K at 3851 East Palmdale Blvd.

SR-11152023__17-02_.docx

EXHIBIT A 17-02.docx

EXHIBIT B.docx

NOC_17-02 ST IMPROVEMENTS.doc

City Council
Wednesday, November 15, 2023

7.4 Approve ongoing contractor service agreements with M. Brey Electric, Inc. dba MBE Construction, Houalla Enterprises Ltd. dba Metro Builders & Engineers Group, Ltd., and Nash Construction Services, Inc. for $200,000 each for two years.

Ongoing_contractor_agreements_Nash_Mbrey_and_Metro.docx

City of Palmdale - AGENDA ITEM - M. Brey Electric, Inc. dba MBE Construction (MBE) (A-8559) - 09-28-2023 - Preview (2).pdf

City of Palmdale - AGENDA ITEM - Houalla Enterprises LTD. dba. Metro Builders & Engineers Group, LTD (A-8560) - 10-03-20.pdf

City of Palmdale - AGENDA ITEM - Nash Construction Services Inc. (A-8561) - 10- 02-2023 - Preview (2).pdf

7.5 Approve agreement with Southern California Edison (SCE) for participation in the Small Site Rebate Program for the purchase and installation of three Electrical Vehicle (EV) Charging Stations at the Palmdale City Library.

SR_-_Acceptance_of_SCE_Small_Site_Rebate_Program.docx

SCE DRAFT Agreement No. A-8595.pdf

SCE Small Site Rebate Program Process .pdf

7.6 Consideration and adoption of Resolution No. CC 2023-059, a Resolution of the City Council of the City of Palmdale approving the renaming of Avenue Q-6 to Hammack Avenue (Avenue Q-6) between Sierra Highway to 10th Street East.

SR_Hammack_Avenue__Avenue_Q-6_.docx

Resolution CC 2023-059 Hammack Avenue.doc

Map_Hammack Ave (Avenue Q-6).pdf

7.7 Approve the minutes from the previous meetings.

CC - November 1, 2023

11 01 2023 Minutes CC_SA_PFA.pdf

8. APPOINTMENT

8.1 City Council Nomination and Appointment of one (1) Member to the Palmdale Tourism Improvement District Board.

SR PTID Appointment_2023.docx

master_tid_application_Fillable - Stapleton - 18 Oct 23.pdf

Beaumont, Lura.pdf

9. PUBLIC HEARING

9.1 Introduction and Adoption of Ordinance No. 1612,
an Ordinance of the City
Council of the City of Palmdale approving various amendments to the Palmdale Municipal Code.

City Council
Wednesday, November 15, 2023
PUBLIC COMMENTS: Now is the time for public participation on this item.

Each speaker is allotted two (2) minutes.

Staff_Report_Ordinance_No._1612__v1.docx

Ordinance No. 1612 v2.docx

Ordinance No. 1612 Exhibit I - Redlines v2.docx

9.2 Introduction and adoption of Ordinance No. 1615, an Ordinance of the City Council of the City of Palmdale approving amendments to Title 12 of the Palmdale Municipal Code (PMC); and Adopt Resolution No. CC 2023-078, a Resolution of the City Council of the City of Palmdale approving adoption of updated administrative fine amounts for building and safety violations and adoption of fines and plan processing and redemption fees associated with shopping cart enforcement and elimination of certain business permit fees.

PUBLIC COMMENTS: Now is the time for public participation on this item.

Each speaker is allotted two (2) minutes.

Staff_Report_Ordinance_No._1615.docx

Ordinance No. 1615.docx

Ordinance No. 1615 Exhibit I - Redlines.docx

Resolution No. CC 2023-078.docx

9.3 Introduction and adoption of Ordinance No. 1617, an Ordinance of the City Council of the City of Palmdale approving Planned Development 23-001; a request to modify the development standards specified within the Palmdale Municipal Code for a proposed project within the Mixed Use 1 (MU 1) zone.

PUBLIC COMMENTS: Now is the time for public participation on this item.

Each speaker is allotted two (2) minutes.

CC_Staff_Report_PD_23-001.docx

CC_Ordinance_No._1617.docx

EXHIBIT II - PD 23-003.pdf

9.4 Adopt Resolution No. CC 2023-068, a Resolution of the City Council of the City of Palmdale calling special election regarding alteration of Rate and Method of Apportionment of Special Taxes for the City of Palmdale Community Facilities District No. 93-1 (Ritter Ranch); Adopt Resolution No. CC 2023-069, a Resolution of the City Council of the City of Palmdale declaring results of special alteration election in the City of Palmdale Community Facilities District No. 93-1 (Ritter Ranch), determining that alteration of the Rate and Method of Apportionment of Special Taxes for the District is lawfully authorized, and directing recording of an amendment to the Amended and Restated Notice of Special Tax Lien for the District.

PUBLIC COMMENTS: Now is the time for public participation on this item.

City Council
Wednesday, November 15, 2023
Each speaker is allotted two (2) minutes.

1. Staff Report Amendment to CFD 93-1 RMA.docx

1.1 Reso 2023-068 CallSpElecAlterFacRM J19237.docx

1.2 Reso 2023-069 DeclarResultAltFacRM J19239.docx

9.5 Adopt Resolution No. CC 2023-070, a Resolution of the City Council of the City of Palmdale of Annexation of territory to the City of Palmdale Community Facilities District No. 93-1 (Ritter Ranch), authorizing the levy of a special tax therein and submitting the levy of special tax to the qualified elector of the District; Adopt Resolution No. CC 2023-071, a Resolution of the City Council of the City of Palmdale declaring results of special annexation election, determining the validity of prior proceedings, and directing recording of amendment to Notice of Special Tax Lien - City of Palmdale Community Facilities District No. 93-1 (Ritter Ranch).

PUBLIC COMMENTS: Now is the time for public participation on this item.

Each speaker is allotted two (2) minutes.

2. Staff Report Annexation to CFD 93-1.docx

2.1 Reso 2023-070 AnnexTerr J19241.docx

2.2 Reso 2023-071 DeclarResultAnnex J19242.docx

10. NEW BUSINESS

10.1 Approve Purchase and Sale Agreement with RDR Development Holdings LLC to acquire 652 acres of land for $10,800,000. (APNs: 3206-007-001; 3206-007-002; 3205-002-051; 3205-002-053; 3205-002-028; 3206-025-001 (portion); 3206-006- 008 (portion); and 3206-006-028 (portion) located in vicinity of Vineyard Lane and Elizabeth Lake Road.

Staff_Report_RdR.docx

Attachment 1 Aerial Map.pdf

Attachment 2 Agreement A-8533.pdf

Attachment 3 Appraisal.pdf

10.2 Approve execution of agreements related to Palmdale Solar and Battery Residential Program.

20231004_Palmdale_Staff_Report_EPIC_CCA_Power_Choice_Program- FINAL.docx

1. Framework Agreement A-8536.docx

2. Master Power Purchase Agreement A-8537.docx

3. Program Management Agreement A-8538.docx

4. Program Support Services Fee Agreement A-8539.docx

5. Multiparty Non-Disclosure Agreement A-8216.docx

11. NON-AGENDA PUBLIC COMMENTS
:

Now is the time for public participation on
items not listed on the agenda. Each speaker is allotted two (2) minutes total on items not listed on the agenda.

City Council
Wednesday, November 15, 2023

12. CITY COUNCIL ANNOUNCEMENTS AND REQUESTS

13. CITY MANAGER’S REPORT

14. PRESENTATION BY CITY ATTORNEY

14.1 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
Case No. 22AVCV01093
The closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).

14.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Shanae Smith, Patricia Nevarez and Michael "Mike" Behen vs. City of Palmdale, et al.

Los Angeles County Superior Court
Case No. 22STCV18219
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).

14.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION William Robert Herrera, et al vs. City of Palmdale, et al.

Central District of California Federal District Court
Case No. 2:16-cv-09453-MWF-MAR
This closed session is being held pursuant to the authority of California Government Code Section 54956.9.

14.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Priscilla Huerta, et al vs. City of Palmdale, et al.

Central District of California Federal District Court
Case No. 2:18-10354-MWF-FFM
This closed session is being held pursuant to the authority of California Government Code Section 54956.9.

15. ANNOUNCEMENT BY CITY ATTORNEY

16. ADJOURN
meeting to December 6, 2023 at 5:00 p.m. in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.

City Council
Wednesday, November 15, 2023
Americans with Disabilities Act (ADA) Accommodations
In accordance with the Americans with Disabilities Act of 1990, if you require a disability- related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (661) 267-5151 at least 72 hours prior to the meeting.

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

City Council
Wednesday, November 15, 2023
Housing Authority
Staff Report
DATE: NOVEMBER 15, 2023
TO: HONORABLE CHAIR AND COMMISSIONERS
FROM: NEIGHBORHOOD SERVICES
DISTRICT: ALL
SUBJECT: APPROVE ONGOING CONTRACTOR SERVICE AGREEMENTS
WITH M. BREY ELECTRIC, INC. DBA MBE CONSTRUCTION (A-
8566), HOUALLA ENTERPRISES LTD. DBA METRO BUILDERS &
ENGINEERS GROUP, LTD . (A-8558), AND NASH CONSTRUCTION
SERVICES INC. (A-8565) FOR $ 200,000 EACH FOR TWO YEARS

WITH OPTION FOR ONE ADDITIONAL YEAR
ISSUE
Approve ongoing contractor service agreements with M. Brey Electric, Inc. dba MBE Construction (A-8566), Houalla Enterprises Ltd. dba Metro Builders & Engineers Group, Ltd. (A-8558), and Nash Construction Services, Inc. (A-8565) for $200,000 each for two years with option for one additional year.

RECOMMENDATION
Staff recommends that the Housing Authority:

1. Approve ongoing contractor service agreements with M. Brey Electric Inc. dba MBE Construction (A-8566), Houalla Enterprises Ltd., dba Metro Builders & Engineers Group, Ltd. (A-8558), and Nash Construction Services, Inc. (A-8565), for $200,000 each for two years with option for one additional year; and

2. Authorize the Executive Director or their designee to execute with M. Brey Electric, Inc. dba MBE Construction (A-8566), Houalla Enterprises Ltd. dba Metro Builders & Engineers Group, Ltd. (A-8558), and Nash Construction Services, Inc. (A-8565), including non-substantive changes.

Due to the increased number of maintenance projects required at the Housing Authority properties, it was determined that the Housing Authority of the City of Palmdale (Housing Authority) should contract with general contractors to assist with small mainten ance projects, including but not limited to maintenance of Neighborhood Houses and other Housing Authority properties, and the maintenance at turnover of Housing Authority apartment units. The City and Housing Authority solicited Requests for Qualification s Report to Chair and Commissioners of the Housing Authority Re: Approval of Agreement Nos. A-8565, A-8560, and A-8566 November 15, 2023

Page 2 ends

(RFQs) for construction-related services through an open and competitive selection process. The RFQs were publicized on the City’s online bid system, Planet Bids, for 30 calendar days.

DISCUSSION
The City and Housing Authority released Request for Qualifications No. 23-001-3900 for ongoing general contractor and minor construction services in June 2023. Interested firms were required to submit a statement of qualifications that emphasizes their experience in providing general contractor-related services, including but not limited to framing and rough/finish carpentry, drywall, millwork, glazing, plumbing, electrical, HVAC, painting, etc. The selected firms were to provide all necessary personnel, material, transportation, instrumentation, and equipment necessary to satisfy all appropriate agencies and required to ensure compliance with all applicable federal, state, and local statutes, laws, codes, regulations, policies, procedures, ordinances, standards, specifications, performance standards, and guidelines, applicable to the firm’s services and work product.

The contractors were given points in different categories:
 Contractor must have a full-time service office in Southern California for the duration of the contract, including a physical address and applicable business license(s), where key staff are located to ensure availability for meetings at City facilities as requested within a reasonable timeframe during normal business hours.
 Contractor has five or more years of experience performing similar work.  Contractor must self-perform most of the primary work outlined in the scope of work section included herein with its workforce (versus using subcontractors).  Contractor has three excellent references for similar work performed in the past five years.
 Contractor shall possess, at a minimum, a valid Class “B” contractor license when the Contractor submits its package.
 Following Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)].
 Following Labor Code Section 1770 et seq., the Project is a “public work.” The selected Bidder (Contractor) and any Subcontractors shall pay wages per the determination of the Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per diem wages.

Report to Chair and Commissioners of the Housing Authority Re: Approval of Agreement Nos. A-8565, A-8560, and A-8566 November 15, 2023

Page 3 ends

Twenty (20) construction firms were notified, and the City received three qualification packages. All three contractors are qualified firms to work for the Housing Authority. MBE Construction and Metro Builders are from Beaumont and Newport Beach, respectively, and Nash Construction Services, Inc. is a local contractor.

As with other ongoing service agreements, MBE Construction, Metro Builders, and Nash Construction will be paid only for work on a specific scope authorized for projects. These agreements will set a not-to-exceed amount of $200,000 per company. The term of this agreement is two years with an option for a one-year extension.

FISCAL IMPACT
Funds for projects will be determined on an as-needed basis and are available in 29264004 and 29364005 Contract Service accounts.

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

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

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

Prepared by: Sophia Reyes, Director of Neighborhood
Services
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, Executive Director
Approved as to form: William P. Curley, III, Interim Authority Attorney

ATTACHMENTS
Agreement No. A-8558 Metro Builders & Engineers Group
Agreement No. A-8565 Nash Construction Services, Inc.

Agreement No. A-8566 MBE Construction
AGREEMENT NO. A-8566

CONTRACT FOR SERVICES
BETWEEN THE HOUSING AUTHORITY OF THE CITY OF PALMDALE AND M.

BREY ELECTRIC, INC. dba MBE CONSTRUCTION

This CONTRACT for services (“Contract” herein) is made and entered into by and between the Housing Authority of the City of Palmdale, a public body corporate and politic, (hereinafter called “HOUSING AUTHORITY”), and M. BREY ELECTRIC, INC. dba MBE CONSTRUCTION, a California 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, HOUSING AUTHORITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
1 HOUSING AUTHORITY PROJECT MANAGER
To provide the services required by this Contract, CONTRACTOR shall act under the authority and approval of Sophia Reyes 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 Housing Authority project manager.
2 DESCRIPTION OF WORK

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

On-Going General Contractor and Minor Construction Services.

The scope of services assigned to the CONTRACTOR shall include a range of projects from minor requests to significant construction projects, such as remodeling or repair work, at HOUSING AUTHORITY-owned facilities and that will typically be time sensitive in nature on an as-needed basis.

CONTRACTOR shall provide a full range of construction maintenance, and repair services, including but not limited to:
• Framing and Rough Carpentry
• Finish Carpentry
• Drywall
1-16Concord - Document ID: generated after first signature • Millwork
• Glazing
• Ceramic and Mosaic Tile
• Plumbing
• Electrical
• Painting
• Roofing
• Sheet Metal
• HVAC
• Flooring
• Welding
• Asbestos Abatement
• Lead Abatement
• Masonry
CONTRACTORS regular business hours are Monday through Friday 8:00 a.m. to 5:00 p.m.

All service shall be completed in a workmanlike manner in compliance with all local, state, and federal rules, laws, and regulations, as applicable. CONTRACTOR agrees to remove all debris, trash, and unused materials when leaving the jobsite, leaving it in a broom-clean condition.

CONTRACTOR'S DIR registration number is 1000005926. CONTRACTOR'S City of Palmdale license number is 11611788. CONTRACTOR hereby certifies that it holds the required license(s).

Prevailing Wage
This Contract calls for work to be performed constituting public works. All labor is to be paid at prevailing wage rates. CONTRACTOR to determine proper wage classification. CONTRACTOR and all subcontractors must be registered with the State of California Department of Industrial Relations (DIR) as a public works contractor for the duration of the agreement and is responsible for any and all registration and/or renewal fees. The HOUSING AUTHORITY will require certified payroll to be submitted and that it may be verified by a 3rd party labor compliance company.

CONTRACTOR acknowledges and understands it must comply with the prevailing wage requirements as per Exhibit A definition for prevailing wage requirements. 2-16Concord - Document ID: generated after first signature Payment and Performance Bonds
Unless otherwise expressly provided in the bid documents, if any individual project performed under the Contract exceeds $25,000,Contractor shall provide a performance and payment bonds, each in amount equal to 100% of the project. Such bonds is requested by the CITY before work is to be performed on the specified project.

2.2 CONTRACTOR shall have no claim for compensation for any services or work, which has not been authorized by HOUSING AUTHORITY’s Authorization to Proceed.

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 HOUSING AUTHORITY. Any extensions of time must be mutually agreed upon in writing and executed by both parties.

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 HOUSING AUTHORITY. 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 HOUSING AUTHORITY.

The written warranty shall be included with the delivered products to the using Department.

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

3.1 Key Staff. HOUSING AUTHORITY 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 HOUSING AUTHORITY.

CONTRACTOR’s Team and Key Personnel are as follows:
3-16Concord - Document ID: generated after first signature Not Applicable
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 HOUSING AUTHORITY.

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.

CONTRACTOR shall not enter into any Subcontract under this Contract for the performance of this Contract without the advance written approval of HOUSING AUTHORITY. 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 HOUSING AUTHORITY.

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 HOUSING AUTHORITY, 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 TWO (2) YEARS/TWENTY-FOUR MONTHS, commencing on the effective date, with HOUSING AUTHORITY reserving the option to extend the agreement for 1 additional term of one year.

5 ACCEPTANCE AND DOCUMENTATION
4-16Concord - Document ID: generated after first signature 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 HOUSING AUTHORITY. All materials, including reports, computer programs and other deliverables, supplied or created under this Contract are the sole property of HOUSING AUTHORITY. 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 HOUSING AUTHORITY.

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
HOUSING AUTHORITY shall pay to CONTRACTOR an amount not to exceed TWO HUNDRED THOUSAND dollars ($200,000.00) 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:
5-16Concord - Document ID: generated after first signature

6.1 An application for payment form must be submitted to HOUSING AUTHORITY 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 HOUSING AUTHORITY of CONTRACTOR’s charges under this Contract. CONTRACTOR shall make such records available to HOUSING 6-16Concord - Document ID: generated after first signature AUTHORITY during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records, and they will be available only to HOUSING AUTHORITY 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 HOUSING AUTHORITY.

No person employed by CONTRACTOR or acting on its behalf, in connection with this Contract shall be considered the Agent or employee of HOUSING AUTHORITY.

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 HOUSING AUTHORITY in applying for and obtaining such tax credits and exemptions, which shall be paid or credited to the HOUSING AUTHORITY. 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 HOUSING AUTHORITY, 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 HOUSING AUTHORITY in the contract documents. CONTRACTOR shall indemnify and hold harmless HOUSING AUTHORITY and anyone directly or indirectly employed by HOUSING AUTHORITY 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 7-16Concord - Document ID: generated after first signature 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 HOUSING AUTHORITY, 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 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 Housing Authority 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
 $1,000,000.00 limit on a per occurrence basis
 $2,000,000.00 general aggregate limit

10.1.3 Commercial Automobile Liability
 $1,000,000.00 combined single limit including owned, non-owned and hired automobile coverage
8-16Concord - Document ID: generated after first signature

10.2 All of CONTRACTOR’s policies shall contain an endorsement providing that written notice shall be given to HOUSING AUTHORITY 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 HOUSING AUTHORITY 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 HOUSING AUTHORITY, and any other insurance maintained by the HOUSING AUTHORITY 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.

10.4 Promptly upon execution of this Contract, and prior to commencement of any work, CONTRACTOR shall deliver to HOUSING AUTHORITY 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 HOUSING AUTHORITY, CONTRACTOR shall deliver to HOUSING AUTHORITY 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 HOUSING AUTHORITY.

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 9-16Concord - Document ID: generated after first signature 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 Housing Authority Attorney.

10.9 Notwithstanding any other provision of this Contract, HOUSING AUTHORITY 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 subcontractor's 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 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
HOUSING AUTHORITY 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 HOUSING AUTHORITY all finished or unfinished documents, processes, programs and other supplies and materials, which shall be HOUSING AUTHORITY’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 HOUSING AUTHORITY 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, HOUSING AUTHORITY shall give written notice to CONTRACTOR specifying all defaults to be remedied within thirty (30) days. Such notice shall set forth the basis for HOUSING AUTHORITY’s dissatisfaction and suggest corrective measures. If, after 10-16Concord - Document ID: generated after first signature thirty days, CONTRACTOR has failed to implement appropriate corrective measures, HOUSING AUTHORITY may elect to terminate this Contract in whole or in part.

12.1 In the event HOUSING AUTHORITY terminates this Contract, in whole or in part, for cause, HOUSING AUTHORITY 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 HOUSING AUTHORITY, and to authorized reimbursement expenses. The above is in addition to any other remedies available by law or equity to HOUSING AUTHORITY.

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 HOUSING AUTHORITY 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 HOUSING AUTHORITY and shall be delivered to or left with HOUSING AUTHORITY upon the completion or termination of this Agreement. CONTRACTOR shall furnish HOUSING AUTHORITY, 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 HOUSING AUTHORITY to copy, reproduce and makes changes as HOUSING AUTHORITY deems necessary.
15 DELEGATION AND ASSIGNMENT
11-16Concord - Document ID: generated after first signature

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 HOUSING AUTHORITY; provided, however, that claims for money due or to become due to CONTRACTOR from HOUSING AUTHORITY 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 HOUSING AUTHORITY 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, marital status, sexual orientation, or age. 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, marital status, sexual orientation or age. 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. HOUSING AUTHORITY 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 HOUSING AUTHORITY has any interest, financially or otherwise, in CONTRACTOR’s firm.
12-16Concord - Document ID: generated after first signature

17.2 For breach or violation of this warranty, HOUSING AUTHORITY 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 HOUSING AUTHORITY on any matter.

18.2 CONTRACTOR shall not employ any City official or employee to perform any work required pursuant to this Contract.

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.
13-16Concord - Document ID: generated after first signature

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. 14-16Concord - 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.

HOUSING AUTHORITY OF THE

CITY OF PALMDALE
M. BREY ELECTRIC, INC. dba MBE
CONSTRUCTION:

Ronda Perez
Executive Director

Matthew Brey
President

ADDRESS FOR NOTICE:

HOUSING AUTHORITY OF THE

CITY OF PALMDALE
38250 Sierra Hwy, 2nd Floor
Palmdale, CA 93550

ADDRESS FOR NOTICE:

M. BREY ELECTRIC, INC. dba MBE

CONSTRUCTION
408 Elm Ave,
Beaumont, CA 92223
APPROVE AS TO FORM:

William P. Curley, III
Interim Authority Counsel

ATTEST:

Roxanne Faber
Acting Authority Secretary

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

15-16Concord - 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
16-16Concord - Document ID: generated after first signature AGREEMENT NO. A-8558

CONTRACT FOR SERVICES

BETWEEN THE HOUSING AUTHORITY OF THE CITY OF PALMDALE AND HOUALLA ENTERPRISES, dba METRO BUILDERS & ENGINEERS GROUP, LTD.

This CONTRACT for services (“Contract” herein) is made and entered into by and between the Housing Authority of the City of Palmdale, a public body corporate and politic, (hereinafter called “HOUSING AUTHORITY”), and HOUALLA ENTERPRISES, dba METRO BUILDERS & ENGINEERS GROUP, LTD., a California 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.

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

On-Going General Contractor and Minor Construction Services.

The scope of services assigned to the CONTRACTOR shall include a range of projects from minor requests to significant construction projects, such as remodeling or repair work, at the HOUSING AUTHORITY-owned facilities and that will typically be time sensitive in nature on an as-needed basis.

CONTRACTOR shall provide a full range of construction maintenance, and repair services, including but not limited to:
• Framing and Rough Carpentry
• Finish Carpentry
1-15Concord - Document ID: generated after first signature • Drywall
• Millwork
• Glazing
• Ceramic and Mosaic Tile
• Plumbing
• Electrical
• Painting
• Roofing
• Sheet Metal
• HVAC
• Flooring
• Welding
• Asbestos Abatement
• Lead Abatement
• Masonry
CONTRACTORS regular business hours are Monday through Friday 8:00 a.m. to 5:00 p.m.

Licenses
At all times during the term of this Contract, CONTRACTOR shall possess a Class B General Building Contractors License with the Contractor's State License Board (CSLB) to perform required work. CONTRACTOR'S CSLB license number is 597589 CONTRACTOR'S DIR registration number is 1000002925. CONTRACTOR'S City of Palmdale license number is 11623698. CONTRACTOR hereby certifies that it holds the required license(s).

CONTRACTOR acknowledges and understands it must comply with the prevailing 2-15Concord - Document ID: generated after first signature wage requirements as per Exhibit A definition for prevailing wage requirements.

Payment and Performance Bonds
Unless otherwise expressly provided in the bid documents, if any individual project performed under the Contract exceeds $25,000,Contractor shall provide a performance and payment bonds, each in amount equal to 100% of the project. Such bonds is requested by the Housing Authority of the City of Palmdale before work is to be performed on the specified project.

2.2 CONTRACTOR shall have no claim for compensation for any services or work, which has not been authorized by HOUSING AUTHORITY’s Authorization to Proceed.

The written warranty shall be included with the delivered products to the using Department.

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

The term of this Contract is TWO (2) YEARS/TWENTY-FOUR MONTHS, commencing on the effective date, with HOUSING AUTHORITY reserving the option to extend the agreement for 1 additional term of one year.

4-15Concord - Document ID: generated after first signature 5 ACCEPTANCE AND DOCUMENTATION
Each task shall be reviewed and approved by the Contract Project Manager to determine acceptable completion.

6.1 An application for payment form must be submitted to HOUSING AUTHORITY which shall include the following: a clear, detailed invoice reflecting 5-15Concord - Document ID: generated after first signature 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 HOUSING AUTHORITY of CONTRACTOR’s charges under this Contract. CONTRACTOR shall make such records available to HOUSING AUTHORITY during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records, and they will be available only to HOUSING AUTHORITY 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.

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 HOUSING AUTHORITY.

No person employed by CONTRACTOR or acting on its behalf, in connection with this Contract shall be considered the Agent or employee of HOUSING AUTHORITY.

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 HOUSING AUTHORITY in applying for and obtaining such tax credits and exemptions, which shall be paid or credited to the HOUSING AUTHORITY. 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 HOUSING AUTHORITY, its use is subject 6-15Concord - Document ID: generated after first signature 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 HOUSING AUTHORITY in the contract documents. CONTRACTOR shall indemnify and hold harmless HOUSING AUTHORITY and anyone directly or indirectly employed by HOUSING AUTHORITY 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 HOUSING AUTHORITY, 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.

Proof of Insurance, as identified in Section 10.8, must be reviewed and accepted by the Housing Authority 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
7-15Concord - Document ID: generated after first signature $1,000,000.00 each employee bodily injury by disease

10.1.2 Commercial General Liability
 $1,000,000.00 limit on a per occurrence basis
 $2,000,000.00 general aggregate limit

10.1.3 Commercial Automobile Liability
 $1,000,000.00 combined single limit including owned, non-owned and hired automobile coverage

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

B. “Severability of Interest” Clause.

Within five (5) days of written request from HOUSING AUTHORITY, CONTRACTOR shall deliver to HOUSING AUTHORITY full and complete copies of all insurance policies required by this Contract.

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.

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.

CONTRACTOR shall also surrender to HOUSING AUTHORITY all finished or unfinished documents, processes, programs and other supplies and materials, which shall be HOUSING AUTHORITY’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
9-15Concord - Document ID: generated after first signature If HOUSING AUTHORITY 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, HOUSING AUTHORITY shall give written notice to CONTRACTOR specifying all defaults to be remedied within thirty (30) days. Such notice shall set forth the basis for HOUSING AUTHORITY’s dissatisfaction and suggest corrective measures. If, after thirty days, CONTRACTOR has failed to implement appropriate corrective measures, HOUSING AUTHORITY may elect to terminate this Contract in whole or in part.

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 HOUSING AUTHORITY 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 HOUSING AUTHORITY and shall be delivered to or left with HOUSING AUTHORITY upon the completion or termination of this Agreement. CONTRACTOR shall furnish HOUSING AUTHORITY, upon its request, originals and reproducible 10-15Concord - Document ID: generated after first signature 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 HOUSING AUTHORITY to copy, reproduce and makes changes as HOUSING AUTHORITY deems necessary.
15 DELEGATION AND ASSIGNMENT

18.2 CONTRACTOR shall not employ any City official or employee to perform any work required pursuant to this Contract.

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.

21.3 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. 13-15Concord - Document ID: generated after first signature 22 ATTORNEY’S FEES

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

HOUSING AUTHORITY OF THE

CITY OF PALMDALE
HOUALLA ENTERPRISES, dba METRO

BUILDERS & ENGINEERS GROUP,
LTD.:

Ronda Perez
Executive Director

Fouad Houalla
President

ADDRESS FOR NOTICE:

HOUSING AUTHORITY OF THE

CITY OF PALMDALE
38250 Sierra Hwy, 2nd Floor
Palmdale, CA 93550

ADDRESS FOR NOTICE:

HOUALLA ENTERPRISES, dba METRO
BUILDERS & ENGINEERS GROUP, LTD.
2610 Avon Street
Newport Beach, CA 92663
APPROVE AS TO FORM:

William P. Curley, III
Interim Authority Counsel

ATTEST:

Roxanne Faber
Acting Authority Secretary

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

14-15Concord - 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
15-15Concord - Document ID: generated after first signature AGREEMENT NO. A-8565

CONTRACT FOR SERVICES

BETWEEN THE HOUSING AUTHORITY OF THE CITY OF PALMDALE AND NASH CONSTRUCTION SERVICES INC.

This CONTRACT for services (“Contract” herein) is made and entered into by and between the Housing Authority of the City of Palmdale, a public body corporate and politic, (hereinafter called “HOUSING AUTHORITY”), and NASH CONSTRUCTION SERVICES INC., a California 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.

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

On-Going General Contractor and Minor Construction Services.

CONTRACTOR shall provide a full range of construction maintenance, and repair services, including but not limited to:
• Framing and Rough Carpentry
• Finish Carpentry
• Drywall
• Millwork
1-15Concord - Document ID: generated after first signature • Glazing
• Ceramic and Mosaic Tile
• Plumbing
• Electrical
• Painting
• Roofing
• Sheet Metal
• HVAC
• Flooring
• Welding
• Asbestos Abatement
• Lead Abatement
• Masonry
CONTRACTORS regular business hours are Monday through Friday 8:00 a.m. to 5:00 p.m.

Licenses
At all times during the term of this Contract, CONTRACTOR shall possess a Class B General Building Contractors License with the Contractor's State License Board (CSLB) to perform required work. CONTRACTOR'S CSLB license number is 918613 CONTRACTOR'S DIR registration number is 10000064846. CONTRACTOR'S City of Palmdale license number is 11608156. CONTRACTOR hereby certifies that it holds the required license(s).

CONTRACTOR acknowledges and understands it must comply with the prevailing wage requirements as per Exhibit A definition for prevailing wage requirements. 2-15Concord - Document ID: generated after first signature Payment and Performance Bonds
Unless otherwise expressly provided in the bid documents, if any individual project performed under the Contract exceeds $25,000,Contractor shall provide a performance and payment bonds, each in amount equal to 100% of the project. Such bonds is requested by the CITY before work is to be performed on the specified project.

2.2 CONTRACTOR shall have no claim for compensation for any services or work, which has not been authorized by HOUSING AUTHORITY’s Authorization to Proceed.

The written warranty shall be included with the delivered products to the using Department.

CONTRACTOR’s Team and Key Personnel are as follows:

Not Applicable
3-15Concord - Document ID: generated after first signature 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 HOUSING AUTHORITY.

The term of this Contract is TWO (2) YEAR/TWENTY-FOUR MONTHS, commencing on the effective date, with HOUSING AUTHORITY reserving the option to extend the agreement for 1 additional term of one year.

5 ACCEPTANCE AND DOCUMENTATION
4-15Concord - Document ID: generated after first signature Each task shall be reviewed and approved by the Contract Project Manager to determine acceptable completion.

5-15Concord - Document ID: generated after first signature

6.2 CONTRACTOR shall maintain adequate records and shall permit inspection and audit by HOUSING AUTHORITY of CONTRACTOR’s charges under this Contract. CONTRACTOR shall make such records available to HOUSING AUTHORITY during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records, and they will be available only to HOUSING AUTHORITY 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.

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 HOUSING AUTHORITY.

No person employed by CONTRACTOR or acting on its behalf, in connection with this Contract shall be considered the Agent or employee of HOUSING AUTHORITY.

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 HOUSING AUTHORITY in applying for and obtaining such tax credits and exemptions, which shall be paid or credited to the HOUSING AUTHORITY. 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, 6-15Concord - Document ID: generated after first signature product or device is specified in the contract documents for use in the performance of the work and if, to the actual knowledge of HOUSING AUTHORITY, 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 HOUSING AUTHORITY in the contract documents. CONTRACTOR shall indemnify and hold harmless HOUSING AUTHORITY and anyone directly or indirectly employed by HOUSING AUTHORITY 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 HOUSING AUTHORITY, 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.

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

10.1.1 Workers’ Compensation and Employer’s Liability
 Workers’ Compensation -- coverage as required by the State of California 7-15Concord - Document ID: generated after first signature  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
 $1,000,000.00 limit on a per occurrence basis
 $2,000,000.00 general aggregate limit

10.1.3 Commercial Automobile Liability
 $1,000,000.00 combined single limit including owned, non-owned and hired automobile coverage

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

B. “Severability of Interest” Clause.

Within five (5) days of written request from HOUSING AUTHORITY, CONTRACTOR shall deliver to HOUSING AUTHORITY full and complete copies of all insurance policies required by 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 8-15Concord - Document ID: generated after first signature property used in the performance of this Contract shall include a provision waiving the insurer’s right of subrogation against HOUSING AUTHORITY.

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.

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.

CONTRACTOR shall also surrender to HOUSING AUTHORITY all finished or unfinished documents, processes, programs and other supplies and materials, which shall be HOUSING AUTHORITY’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 9-15Concord - Document ID: generated after first signature shall the amount payable upon termination exceed the total maximum compensation provided for in this Contract.
12 TERMINATION FOR CAUSE
If HOUSING AUTHORITY 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, HOUSING AUTHORITY shall give written notice to CONTRACTOR specifying all defaults to be remedied within thirty (30) days. Such notice shall set forth the basis for HOUSING AUTHORITY’s dissatisfaction and suggest corrective measures. If, after thirty days, CONTRACTOR has failed to implement appropriate corrective measures, HOUSING AUTHORITY may elect to terminate this Contract in whole or in part.

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 HOUSING AUTHORITY 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 10-15Concord - Document ID: generated after first signature prepared or produced in the performance of this Contract are to be, and remain the property of HOUSING AUTHORITY and shall be delivered to or left with HOUSING AUTHORITY upon the completion or termination of this Agreement. CONTRACTOR shall furnish HOUSING AUTHORITY, 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 HOUSING AUTHORITY to copy, reproduce and makes changes as HOUSING AUTHORITY deems necessary.
15 DELEGATION AND ASSIGNMENT

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. HOUSING AUTHORITY 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 11-15Concord - Document ID: generated after first signature Order No. 11246 is available for inspection at, and on file with, the Palmdale City Clerk’s Office.
17 FINANCIAL INTEREST CERTIFICATION

18.2 CONTRACTOR shall not employ any City official or employee to perform any work required pursuant to this Contract.

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
12-15Concord - Document ID: generated after first signature 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.

21.3 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. 13-15Concord - Document ID: generated after first signature 22 ATTORNEY’S FEES

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

HOUSING AUTHORITY OF THE

CITY OF PALMDALE
NASH CONSTRUCTION SERVICES INC.:

Ronda Perez
Executive Director

Harold Lester Nash
President

ADDRESS FOR NOTICE:

HOUSING AUTHORITY OF THE

CITY OF PALMDALE
38250 Sierra Highway, 2nd Floor
Palmdale, CA 93550

ADDRESS FOR NOTICE:

NASH CONSTRUCTION SERVICES INC.
32128 Crystalaire Drive
Llano, CA 93544
APPROVE AS TO FORM:

William P. Curley, III
Interim Authority Counsel

ATTEST:

Roxanne Faber
Acting Authority Secretary

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

HOUSING DIVISION
DISTRICT: ALL
SUBJECT: ADOPT RESOLUTION NO. HA 2023-004 A RESOLUTION OF THE

HOUSING AUTHORITY OF THE CITY OF PALMDALE APPROVING
THE SALE OF 38553 4TH STREET EAST, APN 3008-016-902, AT THE

APPRAISED VALUE TO AN ELIGIBLE HOUSEHOLD, AND TO

PROVIDE A LOAN FROM PROCEEDS OR PERMANENT LOCAL

HOUSING ALLOCATION FUNDS (PLHA) TO MEET

AFFORDABILITY REQUIREMENTS
ISSUE
Adopt Resolution No. HA 2023-004 a Resolution of the Housing Authority of the City of Palmdale approving the sale of 38553 4 th Street East, APN 3008 -016-902 at the appraised value to an eligible household, and to provide a loan from proceeds or Permanent Local Housing Allocation funds (PLHA) to meet affordability requirements.

RECOMMENDATION
Staff recommends that the City Council:

1. Adopt Resolution No. HA 2023-004 approving the sale of 38553 4 th Street East, APN 3008-016-902 at the appraised value to an eligible household, and to provide a loan from proceeds or Permanent Local Housing Allocation funds (PLHA) to meet affordability requirements.

2. Authorize the Executive Director or their designee to enter into proposed agreements as described herein, with such minor changes as may be approved by the Executive Director w ith approval as to form by Authority Legal Counsel, execute all documents and take all action s necessary and convenient to dispose of the property and to administer the Housing Authority’s obligations, responsibilities and duties to be performed thereunder.

BACKGROUND
The former Community Redevelopment Agency of the City of Palmdale (Redevelopment Agency) entered into an Affordable Housing Agreement dated April 28, 2004 , with subsequent amendments, with Group Home Consultants in an effort to develop Report to Chair and Commissioners of the Housing Authority Re: Resolution
November 15, 2023

Page 2 ends

affordable single family in-fill housing in Focus Neighborhood No. 3. The former Redevelopment Agency was dissolved on February 1, 2012. Pursuant to the Dissolution Act, on January 2, 2012 the City Council of the City of Palmdale designated the Housing Authority of the City of Palmdale (Housing Authority) as the entity responsible for performing the housing functions previously performed by the former Redevelopment Agency. The Housing Authority reacquired the property from Group Home Consultants on October 2, 2013.

Focus Neighborhood No. 3 was designated as a focus neighborhood to provide targeted services to improve the housing conditions and the physical and social environment of the residents who are predominantly low-income households. The house was utilized as a designated Neighborhood House and was named “Gabriel’s House” with the purpose of providing not only affordable housing services to the community but also served as a Music and Performing Arts Neighborhood House to provide children in the neighborhood the opportunity to develop their musical and performing talents. The Music program provided by Music and Kids is being provided at the Courson Arts Colony East Apartments.

DISCUSSION
The Housing Authority wishes to resell the property located at 38553 4 th Street East, acquired with Redevelopment Agency Low Moderate Income Housing Funds, to an eligible household in compliance with the affordability requirements of the Health and Safety Code. To meet the affordability requirement, a note and second deed of trust, based on need, in an amount not to exceed the lesser of $200,000 or 50% of the purchase price of the property, for downpayment assistance and closing costs, to make the monthly housing costs affordable. The terms of the loan will be for 45 years, at zero interest, with an equity share based on the appraised value of the sale price. In addition, assistance for closing costs may not exceed 5% of the sale price, and loans in total may not exceed 100% of the sale price. The purchaser must provide 1% of the down payment funds required by their primary lender. Documents including but not limited to deeds of trust, covenants for affordability, maintenance, and/or recapture of funds will be recorded on the property.

FISCAL IMPACT
$425,000 sale price, $200,000 downpayment assistance, $5000 Seller closing costs; Property will be sold at the appraised value. Funds for seller’s closing costs are available in account 29364005-782902 Focus Neighborhood 1-4. To assist homebuyers with affordability, funds not to exceed $200,000 are to be loaned from proceeds from the sale of the property or from the City Permanent Local Housing Allocation (PLHA) funds.

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

Report to Chair and Commissioners of the Housing Authority Re: Resolution
November 15, 2023

Page 3 ends

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

Prepared by: Heather Nichols, Senior Housing Coordinator Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, Executive Director
Approved as to form: William P. Curley, Authority Counsel

ATTACHMENTS

1. Resolution HA 2023-004

HOUSING AUTHORITY

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. HA 2023-004

A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF
PALMDALE APPROVING THE DISPOSITION OF 38553 4 TH STREET EAST, APN 3008-016-902
WHEREAS, the Housing Authority of the City of Palmdale (“Housing Authority”) is implementing certain proposed uses in the Merged Project Area including low-income housing, which will aid in carrying out the Redevelopment Plan, pursuant to its obligations under Assembly Bill No. 26 (2011-2012 1 st Ex. Sess.), as amended by Assembly Bill No. 1484 (2011-2012 Regular Session) and as further amended from time to time (collectively, the “Dissolution Bills”) wherein the Authority, as the designated entity, will perform the housing functions previously performed by the former Redevelopment Agency to carry out the purposes of the Redevelopment Plan and the Dissolution Bills; and
WHEREAS, the former Community Redevelopment Agency of the City of Palmdale (Redevelopment Agency) entered into an Affordable Housing Agreement dated April 28, 2004, with subsequent amendments, with Group Home Consultants in an effort to develop affordable single family in-fill housing in Focus Neighborhood No. 3.

The former Redevelopment Agency was dissolved on February 1, 2012. Pursuant to the Dissolution Act, on January 2, 2012 the City Council of the City of Palmdale designated the Housing Authority of the City of Palmdale as the entity responsible for performing the housing functions previously performed by the former Redevelopment Agency. The Housing Authority reacquired the property from Group Home Consultants on October 2, 2013.

NOW THEREFORE, BE IT RESOLVED, THE HOUSING AUTHORITY OF THE CITY

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

SECTION 1. The Housing Authority wishes to resell the property located at 38553 4th Street East acquired with Redevelopment Agency Low Moderate Income Housing Funds to an eligible household in compliance with the affordability requirements of the Health and Safety Code. To meet the affordability requirement downpayment assistance, in the form of a note and second deed of trust based on need, in an amount not to exceed the lesser of $200,000 or 50% of the purchase price of the property plus closing costs. The terms of the loan will be for 45 years, at zero interest, with an equity share based on appraised value of the sale price. In addition, assistance for closing costs may not exceed 5% of the sale price, and loans in total may not exceed 100% of sale price. Purchaser must provide 1% of the down payment funds required by their primary lender. Documents including but not limited to deeds of trust, covenants for affordability, maintenance and/or recapture of funds will be recorded on the property.

Resolution No. HA 2023-004

Page 2 of 2 ends

Funds to be loaned from proceeds from the sale of the property or from the City of Palmdale Permanent Local Housing (PLHA) funds.

SECTION 2. The Authority Board hereby authorizes the Executive Director or their designee to enter into proposed agreements as described herein, with such minor changes as may be approved by the Executive Director with approval as to form by Authority Legal Counsel, execute all documents and take all actions necessary and convenient to dispose of the property and to administer the Housing Authority’s obligations, responsibilities and duties to be performed thereunder.

SECTION 3. The Authority Secretary shall certify to the adoption of this resolution.

PASSED, APPROVED and ADOPTED this 15th day of November, 2023. _________________________________
Approved as to form: Laura Bettencourt, Mayor
ATTEST:
___________________________ _________________________________ William P. Curley, III Rochelle Scott, Acting Authority Secretary Authority Attorney
I, Rochelle Scott, Acting Authority Secretary of the Housing Authority of the City of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the Housing Authority of the City of Palmdale at a special meeting of said Authority held on the 15th day of November by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date: ____________________________ _________________________________ Rochelle Scott, Acting Authority Secretary
City Council Staff Report
DATE: NOVEMBER 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: FINANCE DEPARTMENT

HUMAN RESOURCES DIVISION
DISTRICT: ALL
SUBJECT: ADOPT RESOLUTION NO. CC 2023 -075, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALMDALE AMENDING THE
CITY’S CLASSIFICATION AND PAY PLAN FOR GENERAL
POSITIONS; ADOPT RESOLUTION NO. CC 2023 -076, A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE
AMEDNING THE CITY’S CLASSIFICATION AND PAY PLAN FOR
BARGAINING UNIT POSITIONS; AND ADOPT RESOLUTION NO.

CC 2023-037, A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALMDALE ESTABLISHING DIRECTOR/EXECUTIVE
EMPLOYEES’ COMPENSATION, BENEFITS, AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT.

ISSUE
Adopt Resolution No. CC 2023 -075, a Resolution of the City Council of the City of Palmdale amending the City’s Classification and Pay Plan for General Positions; Adopt Resolution No. CC 2023 -076, a Resolution of the City Council of the City of Palmdale amending the City’s Classification and Pay Plan for Bargaining Unit Positions; and Adopt Resolution No. CC 2023 -037, a Resolution of the City Council of the City of Palmdale Establishing Director/Executive Employees’ Compensation, Benefits, and Other Terms and Conditions of Employment.

RECOMMENDATION
Staff recommends that the City Council:

1. Adopt Resolution No. CC 2023-075, a Resolution of the City Council of the City of Palmdale amending the City’s Classification and Pay Plan for General Positions;

2. Adopt Resolution No. CC 2023 -076, a Resolution of the City Council of the City of Palmdale amending the City’s Classif ication and Pay Plan for Bargaining Unit Positions; and

3. Adopt Resolution No. CC 2023 -037, a Resolution of the City Council of the City of Palmdale Establishing Director/Executive Employees’ Compensation, Benefits, and Other Terms and Conditions of Employment.

Report to Mayor and City Council
Re: Adopt Resolution Nos. CC 2023-075, 2023-076 and 2023-037 November 15, 2023

Page 2 ends

BACKGROUND
The City Manager, in collaboration with the Human Resources division, monitors and evaluates positions within the organization and makes recommendations based on the needs of the City.

DISCUSSION
As City Management continues to evaluate the organization in an effort to increase efficiency and enhance our ability to serve the community, several changes are being proposed, as outlined below.

Classification and Pay Plan for General Positions
It is requested that the City add a City Clerk position, under the direction of the City Manager’s Department. This position will provide a strong level of leadership, direct, develop, and coordinate policies and staff, and ensure legal compliance in the City Clerk’s Office.

The Director of Finance title will be changed to Director of Operations. This title change will align with the responsibilities and areas of oversight, which include the Finance, Information Technology, Human Resources, and Purchasing & Risk Management Divisions. There is no change in salary proposed.

A Public Safety Director is being requested to oversee the Public Safety Department, which will include Code Enforcement, Community Service Officers, Neighborhood Compliance Officers, Public Safety Officers, and Public Safety Outreach.

Upgrades of one (1) Office Assistant, and one (1) Administrative Assistant in the Public Safety and Public Works departments, respectively, to Sr. Administrative Assistants.

These departments currently do not have senior administrative support. The proposed upgrades will provide high-level support to the departments and Directors, alleviating time spent on administrative functions, and thus allowing staff and management to focus on programs and projects.

It is proposed that the Classification and Pay Plan be amended to reflect a change in the pay range for the Senior Civil Engineer Position from a Range 40 to a Range 42. The City has had vacancies in this position for over two years and has exhausted all efforts to fill this position, including hiring an executive recruiting firm. A comparison was done for this position, in which the City looked at multiple municipalities of similar size and demographics. It was found that the City of Palmdale pays 15% to 20% lower than surrounding agencies, including Lancaster, Victorville, and Santa Clarita. The fiscal impact associated with this action would be an increase in salary cost of approximately $11,000 annually.

Report to Mayor and City Council
Re: Adopt Resolution Nos. CC 2023-075, 2023-076 and 2023-037 November 15, 2023

Page 3 ends

Classification and Pay Plan for Bargaining Unit Positions It is requested that the Classification and Pay Plan for Bargaining Unit Employees is amended to include classifications for Traffic Signal Technicians I, II and Senior. The Traffic Signals Division will transfer from the Engineering Division to the Maintenance Division.

Director/Executive Employee’s Terms and Conditions of Employment Resolution No. CC 2023-037 is proposed to establish Terms and Conditions of Employment for executive-level staff.

The City currently has individual Employment Agreements with each of its Directors and Executive Employees. In an effort to streamline the agreements and have the terms and conditions for its upper management apply to each of them fairly, staff recommends having one resolution apply uniformly to the City’s Directors and Executive Employees.

The City Manager and City Attorney will continue to have their own individual Employment Agreement with the City Council.

Unless otherwise noted, there is no change to the benefits. In general, the resolution to adopt the establishment of the terms and conditions of employment for the City’s Directors and Executive Employees provides for the following:

1. Classifications Covered. The following Director / Executive Management classifications shall be covered under the provisions of this Resolution:
 Assistant City Manager
 Deputy City Manager
 Director of Operations
 Director of Economic & Community Development
 Director of Finance
 Director of Neighborhood Services
 Director of Parks & Recreation
 Director of Public Safety
 Director of Public Works

2. Pay Increase . The City Manager has the discretion to authorize pay increases within the approved steps of the Classification and Pay Plan.

3. Employment Status. All employees covered by this Resolution shall serve at the pleasure of the City Manager and may be terminated at any time with or without cause and without any right to pre or post-termination hearings. In the event an employee is terminated without cause, the City shall pay the employee severance in the amount not to exceed six (6) month’s salary. Employees terminated for Report to Mayor and City Council
Re: Adopt Resolution Nos. CC 2023-075, 2023-076 and 2023-037 November 15, 2023

Page 4 ends

cause or voluntarily resign from their position are not entitled to severance benefits.

4. Deferred Compensation. All employees covered under this Resolution shall be eligible to enroll in the City’s Deferred Compensation 457(b) Plan. The City shall annually contribute five thousand dollars ($5,000) to participating employees, such amount to be equally contributed per pay period to each pay period established by the City.

5. Auto Allowance. The following classifications shall be eligible for an auto allowance:
 Deputy City Manager: $200 monthly
 Director: $200 monthly
 Assistant City Manager: $400 monthly

6. UCLA Physical. All employees covered by this Resolution shall be entitled to one executive physical every other fiscal year at the UCLA medical facilities.

7. Accrued Leave. Employees covered under this Resolution shall accrue the following leaves:
 Vacation: Employees shall accrue vacation leave at the rate of 160 hours annually
 Sick Leave: Employees shall accrue sick leave at the rate of 96 hours annually
 Administrative Leave: Employees shall accrue administrative leave at the rate of 96 hours annually

8. Medical, Dental, and Vision Insurance. All classifications covered by this Resolution shall continue to receive the same Medical, Dental and Vision Insurance as General Employees.

FISCAL IMPACT
There is no fiscal impact in FY 2023-24. Funds are budgeted and available in the various department/division Salary and Benefit accounts, as the result of vacancy savings during the year. The ongoing fiscal impact is anticipated to be an increase of approximately $452,500 in salary and benefits.

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

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

Report to Mayor and City Council
Re: Adopt Resolution Nos. CC 2023-075, 2023-076 and 2023-037 November 15, 2023

Page 5 ends

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

Prepared by: Janelle Samson, Director of Finance
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, City Attorney

ATTACHMENTS

1. Resolution No. CC 2023-075

2. Resolution No. CC 2023-076

3. Resolution No. CC 2023-037

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2023-075

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALMDALE AMENDING THE CITY’S CLASSIFICATION AND

PAY PLAN FOR GENERAL POSITIONS

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

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

SECTION 1. The City’s Classification and Pay Plan for General Positions is amended as set forth in the attached Exhibit #1 and Exhibit #2.

SECTION 2. The City Clerk shall certify the passage and adoption of this resolution Amending the City’s Classification and Pay Plan for General Positions. It is deemed to be effective November 15, 2023.

SECTION 3. The City Clerk shall certify to the adoption of this resolution. \
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Resolution No. CC 2023-075

Page 2 of 2 ends

PASSED, APPROVED and ADOPTED this 15th day of November, 2023. _________________________________
Approved as to form: Laura Bettencourt, Mayor
ATTEST:
___________________________ _________________________________ William P. Curley, III Rochelle Scott, Acting City Clerk City Attorney
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 15 th day of November, 2023 by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Rochelle Scott, Acting City Clerk
Revised November 15, 2023
CLASSIFICATION AND PAY PLAN – GENERAL POSITIONS
FY 2023 – 2024
TITLE RANGE RANGE #
Hourly
Intern $17.00- $19.17 per hour 14
Program Aide $17.00- $19.17 per hour 14
Administrative Intern $18.61 – $23.76 per hour 18
Records Management Clerk I $18.61 – $23.76 per hour 18
Public Security Officer $18.61 – $23.76 per hour 18
Office Assistant I $20.52 – $26.19 per hour 20
Records Management Clerk II $20.52 – $26.19 per hour 20 Senior Public Security Officer $20.52 – $26.19 per hour 20 SAVES Assistant $22.63 – $28.88 per hour 22
Senior Records Management Clerk $22.63 – $28.88 per hour 22 Neighborhood Compliance Officer $24.95 – $31.85 per hour 24 Theater Operations Technician $24.95 – $31.85 per hour 24 Senior Neighborhood Compliance Officer $27.51 – $35.11 per hour 26 Theater Operations Coordinator $27.51 – $35.11 per hour 26 Administrative Assistant $28.88 – $36.86 per hour 27
TITLE RANGE RANGE #
Monthly
Office Assistant I $3,557 - $4,540 20 Senior Public Security Officer $3,557 - $4,540 20 Account Clerk I $3,923 - $5,006 22 Office Assistant II $3,923 - $5,006 22 SAVES Assistant $3,923 - $5,006 22 Account Clerk II $4,325 - $5,521 24
Audio Technician $4,325 - $5,521 24
Neighborhood Compliance Officer $4,325 - $5,521 24
Public Safety Technician $4,325 - $5,521 24
Records Management Specialist $4,325 - $5,521 24
Community Compliance Aide I $4,768 - $6,086 26
Community Service Officer $4,768 - $6,086 26
Development Technician I $4,768 - $6,086 26
Information Technology Technician I $4,768 - $6,086 26
Senior Account Clerk $4,768 - $6,086 26
Theater Operations Coordinator $4,768 - $6,086 26
Administrative Assistant $5,006 - $6,389 27
Management Aide $5,006 - $6,389 27
Business License Coordinator $5,255 - $6,711 28
Community Compliance Aide II $5,255 - $6,711 28
Community Development Technician II $5,255 - $6,711 28
Financial Technician $5,255 - $6,711 28
Information Technology Technician II $5,255 - $6,711 28 Revised November 15, 2023
TITLE RANGE RANGE #
Monthly
Payroll Specialist $5,255 - $6,711 28
Public Safety Specialist $5,255 - $6,711 28
Housing Technician $5,521 - $7,044 29
SAVES Coordinator $5,521 - $7,044 29
Senior Administrative Assistant $5,521 - $7,044 29
Senior Community Development Technician $5,521 - $7,044 29 Supervising Public Security Officer $5,521 - $7,044 29 Building Inspector I $5,796 - $7,398 30
Economic Development Coordinator $5,796 - $7,398 30
Engineering Technician I $5,796 - $7,398 30
Plan Reviewer Aide $5,796 - $7,398 30
Planning Aide $5,796 - $7,398 30
Public Works Inspector I $5,796 - $7,398 30
Recreation Coordinator $5,796 - $7,398 30
Senior Payroll Specialist $5,796 - $7,398 30
Buyer $6,086 - $7,769 31
City Council Legislative Aide $6,086 - $7,769 31
Code Enforcement Officer I $6,086 - $7,769 31
Community Compliance Specialist $6,086 - $7,769 31
Deputy City Clerk $6,086 - $7,769 31
Digital Media Specialist $6,086 - $7,769 31
Environmental Compliance Inspector $6,086 - $7,769 31
Executive Assistant $6,086 - $7,769 31
Human Resources Specialist $6,086 - $7,769 31
Neighborhood Services Specialist $6,086 - $7,769 31
Traffic Signal & Streetlight Technician I $6,086 - $7,769 31 Assistant Planner $6,389 - $8,155 32
Building Inspector II $6,389 - $8,155 32
Engineering Technician II $6,389 - $8,155 32
Information Technology Specialist $6,389 - $8,155 32
Public Works Inspector II $6,389 - $8,155 32
Supervising Community Development Technician $6,389 - $8,155 32 Assistant Engineer I $6,711 - $8,564 33
Code Enforcement Officer II $6,711 - $8,564 33
Collection System Maintenance Planner $6,711 - $8,564 33 Community Compliance Coordinator $6,711 - $8,564 33
GIS Analyst $6,711 - $8,564 33
Human Resources Analyst I $6,711 - $8,564 33
Legal and Risk Coordinator $6,711 - $8,564 33
Management Analyst I $6,711 - $8,564 33
Recreation Supervisor $6,711 - $8,564 33
Senior Buyer $6,711 - $8,564 33
Traffic Signal & Streetlight Technician II $6,711 - $8,564 33 Associate Planner $7,044 - $8,993 34
Plan Reviewer $7,044 - $8,993 34
Senior Building Inspector $7,044 - $8,993 34
Senior Engineering Technician $7,044 - $8,993 34
Senior Public Works Inspector $7,044 - $8,993 34
Revised November 15, 2023
TITLE RANGE RANGE #
Monthly
Assistant Engineer II $7,398 - $9,443 35
Assessment District Specialist $7,398 - $9,443 35
City Council Chief of Staff $7,398 - $9,443 35
Community Programs Coordinator $7,398 - $9,443 35
Financial Analyst $7,398 - $9,443 35
Housing Coordinator $7,398 - $9,443 35
Human Resources Analyst II $7,398 - $9,443 35
Information Technology Analyst I $7,398 - $9,443 35
Asset Management Specialist $7,398 - $9,443 35
Management Analyst II $7,398 - $9,443 35
Marketing & Digital Specialist $7,398 - $9,443 35
Media Production Specialist $7,398 - $9,443 35
Paralegal $7,398 - $9,443 35
Senior Code Enforcement Officer $7,398 - $9,443 35
Senior Traffic Signal & Streetlight Technician $7,398 - $9,443 35 Water Park Supervisor $7,398 - $9,443 35
Collection System Superintendent $7,769 - $9,915 36
Community Compliance Supervisor $7,769 - $9,915 36
Facilities Superintendent $7,769 - $9,915 36
Fleet Superintendent $7,769 - $9,915 36
Landscape Superintendent $7,769 - $9,915 36
Parks Superintendent $7,769 - $9,915 36
Public Safety Supervisor $7,769 - $9,915 36
Senior Financial Analyst $7,769 - $9,915 36
Associate Engineer $8,155 - $10,402 37
Information Technology Analyst II $8,155 - $10,402 37
Public Art Program Manager $8,155 - $10,402 37
Public Works Project Manager $8,155 - $10,402 37
Senior Housing Coordinator $8,155 - $10,402 37
Senior Human Resources Analyst $8,155 - $10,402 37
Senior Management Analyst $8,155 - $10,402 37
Senior Planner $8,155 - $10,402 37
Senior Plan Reviewer $8,155 - $10,402 37
Supervising Building Inspector $8,155 - $10,402 37
Supervising Financial Analyst $8,155 - $10,402 37
Supervising Public Works Inspector $8,155 - $10,402 37
Budget Officer $8,564 - $10,930 38
Deputy Public Information Officer $8,564 - $10,930 38
Diversity, Equity & Inclusion Specialist $8,564 - $10,930 38 Purchasing & Contracts Manager $8,564 - $10,930 38
Safety Officer $8,564 - $10,930 38
Street Superintendent $8,564 - $10,930 38
Traffic Signal & Streetlight Manager $8,564 - $10,930 38 GIS Coordinator $8,993 - $11,476 39
Senior Information Technology Analyst $8,993 - $11,476 39 Senior Public Works Project Manager $8,993 - $11,476 39 Revised November 15, 2023
TITLE RANGE RANGE #
Monthly
Community Compliance Manager $9,443 - $12,052 40
Community Programs Manager $9,443 - $12,052 40
Deputy City Attorney $9,443 - $12,052 40
Emergency Services Administrator $9,443 - $12,052 40
Energy Resources Manager $9,443 - $12,052 40
Engineering Manager $9,443 - $12,052 40
Innovation and Environmental Manager $9,443 - $12,052 40 Housing Manager $9,443 - $12,052 40
Principal Planner $9,443 - $12,052 40
Recreation Manager $9,443 - $12,052 40
Senior Engineer $9,443 - $12,052 40
Traffic Manager $9,443 - $12,052 40
Assistant to the City Manager $9,915 - $12,653 41
City Clerk $9,915 - $12,653 41
Communications Manager $9,915 - $12,653 41
Building Official $10,402 - $13,286 42
Economic Development Manager $10,402 - $13,286 42
Information Technology Manager $10,402 - $13,286 42
Maintenance Services Manager $10,402 - $13,286 42
Senior Civil Engineer $10,402 - $13,286 42
Capital Improvement Program Manager $11,476 - $14,647 44 Finance Manager $11,476 - $14,647 44
Human Resources Manager $11,476 - $14,647 44
Planning Manager $11,476 - $14,647 44
Traffic Engineer $11,476 - $14,647 44
Deputy Director of Economic & Community Development $12,052 - $15,378 45 Deputy Director of Finance $12,052 - $15,378 45
Deputy Director of Parks & Recreation $12,052 - $15,378 45 Assistant City Attorney $13,286 - $16,955 47
City Engineer $13,286 - $16,955 47
Deputy Director of Public Works $13,286 - $16,955 47
Deputy City Manager $13,948 - $17,805 48
Director of Economic & Community Development $13,948 - $17,805 48 Director of Finance $13,948 - $17,805 48
Director of Neighborhood Services $13,948 - $17,805 48
Director of Operations $13,948 - $17,805 48
Director of Parks & Recreation $13,948 - $17,805 48
Director of Public Safety $13,948 - $17,805 48
Director of Public Works $16,955 - $21,641 52
Assistant City Manager $19,630 - $25,052 55
TITLE Monthly - Contract
City Manager $25,728.54
City of Palmdale
Hourly Wage Range/Step Schedule - General Positions
Effective July 3, 2023
Range Step A Step B Step C Step D Step E Step F
14 N/A N/A 17.00 17.74 18.61 19.17
15 15.50 17.00 17.74 18.61 19.55 20.52
16 17.00 17.74 18.61 19.55 20.52 21.56
17 17.74 18.61 19.55 20.52 21.56 22.63
18 18.61 19.55 20.52 21.56 22.63 23.76
19 19.55 20.52 21.56 22.63 23.76 24.95
20 20.52 21.56 22.63 23.76 24.95 26.19
21 21.56 22.63 23.76 24.95 26.19 27.51
22 22.63 23.76 24.95 26.19 27.51 28.88
23 23.76 24.95 26.19 27.51 28.88 30.32
24 24.95 26.19 27.51 28.88 30.32 31.85
25 26.19 27.51 28.88 30.32 31.85 33.44
26 27.51 28.88 30.32 31.85 33.44 35.11
27 28.88 30.32 31.85 33.44 35.11 36.86
28 30.32 31.85 33.44 35.11 36.86 38.72
29 31.85 33.44 35.11 36.86 38.72 40.64
30 33.44 35.11 36.86 38.72 40.64 42.68
31 35.11 36.86 38.72 40.64 42.68 44.82
32 36.86 38.72 40.64 42.68 44.82 47.05
33 38.72 40.64 42.68 44.82 47.05 49.41
34 40.64 42.68 44.82 47.05 49.41 51.88
35 42.68 44.82 47.05 49.41 51.88 54.48
36 44.82 47.05 49.41 51.88 54.48 57.20
37 47.05 49.41 51.88 54.48 57.20 60.01
38 49.41 51.88 54.48 57.20 60.01 63.06
39 51.88 54.48 57.20 60.01 63.06 66.21
40 54.48 57.20 60.01 63.06 66.21 69.53
41 57.20 60.01 63.06 66.21 69.53 73.00
42 60.01 63.06 66.21 69.53 73.00 76.65
43 63.06 66.21 69.53 73.00 76.65 80.47
44 66.21 69.53 73.00 76.65 80.47 84.50
45 69.53 73.00 76.65 80.47 84.50 88.72
46 73.00 76.65 80.47 84.50 88.72 93.16
47 76.65 80.47 84.50 88.72 93.16 97.82
48 80.47 84.50 88.72 93.16 97.82 102.72
49 84.50 88.72 93.16 97.82 102.72 107.84
50 88.72 93.16 97.82 102.72 107.84 113.25
51 93.16 97.82 102.72 107.84 113.25 118.91
52 97.82 102.72 107.84 113.25 118.91 124.85
53 102.72 107.85 113.25 118.91 124.85 131.09
54 107.85 113.25 118.91 124.85 131.09 137.65
55 113.25 118.91 124.85 131.09 137.65 144.53
56 118.91 124.85 131.09 137.65 144.53 151.75
57 124.85 131.09 137.65 144.53 151.75 159.34
58 131.09 137.65 144.53 151.75 159.34 167.31
59 137.65 144.53 151.75 159.34 167.31 175.68
60 144.53 151.75 159.34 167.31 175.68 184.46
61 151.75 159.34 167.31 175.68 184.46 193.69
62 159.34 167.31 175.68 184.46 193.69 203.36
63 167.31 175.68 184.46 193.69 203.36 213.54
Effective July 3, 2023

Page 1 of 4 ends

City of Palmdale
Bi-weekly Wage Range/Step Schedule - General Positions
Effective July 3, 2023
Range Step A Step B Step C Step D Step E Step F
14 N/A N/A 1,360.00 1,419.20 1,488.80 1,533.60
15 1,240.00 1,360.00 1,419.20 1,488.80 1,564.00 1,641.60 16 1,360.00 1,419.20 1,488.80 1,564.00 1,641.60 1,724.80 17 1,419.20 1,488.80 1,564.00 1,641.60 1,724.80 1,810.40 18 1,488.80 1,564.00 1,641.60 1,724.80 1,810.40 1,900.80 19 1,564.00 1,641.60 1,724.80 1,810.40 1,900.80 1,996.00 20 1,641.60 1,724.80 1,810.40 1,900.80 1,996.00 2,095.20 21 1,724.80 1,810.40 1,900.80 1,996.00 2,095.20 2,200.80 22 1,810.40 1,900.80 1,996.00 2,095.20 2,200.80 2,310.40 23 1,900.80 1,996.00 2,095.20 2,200.80 2,310.40 2,425.60 24 1,996.00 2,095.20 2,200.80 2,310.40 2,425.60 2,548.00 25 2,095.20 2,200.80 2,310.40 2,425.60 2,548.00 2,675.20 26 2,200.80 2,310.40 2,425.60 2,548.00 2,675.20 2,808.80 27 2,310.40 2,425.60 2,548.00 2,675.20 2,808.80 2,948.80 28 2,425.60 2,548.00 2,675.20 2,808.80 2,948.80 3,097.60 29 2,548.00 2,675.20 2,808.80 2,948.80 3,097.60 3,251.20 30 2,675.20 2,808.80 2,948.80 3,097.60 3,251.20 3,414.40 31 2,808.80 2,948.80 3,097.60 3,251.20 3,414.40 3,585.60 32 2,948.80 3,097.60 3,251.20 3,414.40 3,585.60 3,764.00 33 3,097.60 3,251.20 3,414.40 3,585.60 3,764.00 3,952.80 34 3,251.20 3,414.40 3,585.60 3,764.00 3,952.80 4,150.40 35 3,414.40 3,585.60 3,764.00 3,952.80 4,150.40 4,358.40 36 3,585.60 3,764.00 3,952.80 4,150.40 4,358.40 4,576.00 37 3,764.00 3,952.80 4,150.40 4,358.40 4,576.00 4,800.80 38 3,952.80 4,150.40 4,358.40 4,576.00 4,800.80 5,044.80 39 4,150.40 4,358.40 4,576.00 4,800.80 5,044.80 5,296.80 40 4,358.40 4,576.00 4,800.80 5,044.80 5,296.80 5,562.40 41 4,576.00 4,800.80 5,044.80 5,296.80 5,562.40 5,840.00 42 4,800.80 5,044.80 5,296.80 5,562.40 5,840.00 6,132.00 43 5,044.80 5,296.80 5,562.40 5,840.00 6,132.00 6,437.60 44 5,296.80 5,562.40 5,840.00 6,132.00 6,437.60 6,760.00 45 5,562.40 5,840.00 6,132.00 6,437.60 6,760.00 7,097.60 46 5,840.00 6,132.00 6,437.60 6,760.00 7,097.60 7,452.80 47 6,132.00 6,437.60 6,760.00 7,097.60 7,452.80 7,825.60 48 6,437.60 6,760.00 7,097.60 7,452.80 7,825.60 8,217.60 49 6,760.00 7,097.60 7,452.80 7,825.60 8,217.60 8,627.20 50 7,097.60 7,452.80 7,825.60 8,217.60 8,627.20 9,060.00 51 7,452.80 7,825.60 8,217.60 8,627.20 9,060.00 9,512.80 52 7,825.60 8,217.60 8,627.20 9,060.00 9,512.80 9,988.00 53 8,217.60 8,628.00 9,060.00 9,512.80 9,988.00 10,487.20 54 8,628.00 9,060.00 9,512.80 9,988.00 10,487.20 11,012.00 55 9,060.00 9,512.80 9,988.00 10,487.20 11,012.00 11,562.40 56 9,512.80 9,988.00 10,487.20 11,012.00 11,562.40 12,140.00 57 9,988.00 10,487.20 11,012.00 11,562.40 12,140.00 12,747.20 58 10,487.20 11,012.00 11,562.40 12,140.00 12,747.20 13,384.80 59 11,012.00 11,562.40 12,140.00 12,747.20 13,384.80 14,054.40 60 11,562.40 12,140.00 12,747.20 13,384.80 14,054.40 14,756.80 61 12,140.00 12,747.20 13,384.80 14,054.40 14,756.80 15,495.20 62 12,747.20 13,384.80 14,054.40 14,756.80 15,495.20 16,268.80 63 13,384.80 14,054.40 14,756.80 15,495.20 16,268.80 17,083.20 Effective July 3, 2023

Page 2 of 4 ends

City of Palmdale
Monthly Wage Range/Step Schedule - General Positions
Effective July 3, 2023
Range Step A Step B Step C Step D Step E Step F
14 N/A N/A 2,947 3,075 3,226 3,323
15 N/A 2,947 3,075 3,226 3,389 3,557
16 2,947 3,075 3,226 3,389 3,557 3,737
17 3,075 3,226 3,389 3,557 3,737 3,923
18 3,226 3,389 3,557 3,737 3,923 4,118
19 3,389 3,557 3,737 3,923 4,118 4,325
20 3,557 3,737 3,923 4,118 4,325 4,540
21 3,737 3,923 4,118 4,325 4,540 4,768
22 3,923 4,118 4,325 4,540 4,768 5,006
23 4,118 4,325 4,540 4,768 5,006 5,255
24 4,325 4,540 4,768 5,006 5,255 5,521
25 4,540 4,768 5,006 5,255 5,521 5,796
26 4,768 5,006 5,255 5,521 5,796 6,086
27 5,006 5,255 5,521 5,796 6,086 6,389
28 5,255 5,521 5,796 6,086 6,389 6,711
29 5,521 5,796 6,086 6,389 6,711 7,044
30 5,796 6,086 6,389 6,711 7,044 7,398
31 6,086 6,389 6,711 7,044 7,398 7,769
32 6,389 6,711 7,044 7,398 7,769 8,155
33 6,711 7,044 7,398 7,769 8,155 8,564
34 7,044 7,398 7,769 8,155 8,564 8,993
35 7,398 7,769 8,155 8,564 8,993 9,443
36 7,769 8,155 8,564 8,993 9,443 9,915
37 8,155 8,564 8,993 9,443 9,915 10,402
38 8,564 8,993 9,443 9,915 10,402 10,930
39 8,993 9,443 9,915 10,402 10,930 11,476
40 9,443 9,915 10,402 10,930 11,476 12,052
41 9,915 10,402 10,930 11,476 12,052 12,653
42 10,402 10,930 11,476 12,052 12,653 13,286
43 10,930 11,476 12,052 12,653 13,286 13,948
44 11,476 12,052 12,653 13,286 13,948 14,647
45 12,052 12,653 13,286 13,948 14,647 15,378
46 12,653 13,286 13,948 14,647 15,378 16,148
47 13,286 13,948 14,647 15,378 16,148 16,955
48 13,948 14,647 15,378 16,148 16,955 17,805
49 14,647 15,378 16,148 16,955 17,805 18,692
50 15,378 16,148 16,955 17,805 18,692 19,630
51 16,148 16,955 17,805 18,692 19,630 20,611
52 16,955 17,805 18,692 19,630 20,611 21,641
53 17,805 18,694 19,630 20,611 21,641 22,722
54 18,694 19,630 20,611 21,641 22,722 23,859
55 19,630 20,611 21,641 22,722 23,859 25,052
56 20,611 21,641 22,722 23,859 25,052 26,303
57 21,641 22,722 23,859 25,052 26,303 27,619
58 22,722 23,859 25,052 26,303 27,619 29,000
59 23,859 25,052 26,303 27,619 29,000 30,451
60 25,052 26,303 27,619 29,000 30,451 31,973
61 26,303 27,619 29,000 30,451 31,973 33,573
62 27,619 29,000 30,451 31,973 33,573 35,249
63 29,000 30,451 31,973 33,573 35,249 37,014
Effective July 3, 2023

Page 3 of 4 ends

City of Palmdale
Yearly Wage Range/Step Schedule - General Positions
Effective July 3, 2023
Range Step A Step B Step C Step D Step E Step F
14 N/A N/A 35,360 36,899 38,709 39,874 15 N/A 35,360 36,899 38,709 40,664 42,682 16 35,360 36,899 38,709 40,664 42,682 44,845 17 36,899 38,709 40,664 42,682 44,845 47,070 18 38,709 40,664 42,682 44,845 47,070 49,421 19 40,664 42,682 44,845 47,070 49,421 51,896 20 42,682 44,845 47,070 49,421 51,896 54,475 21 44,845 47,070 49,421 51,896 54,475 57,221 22 47,070 49,421 51,896 54,475 57,221 60,070 23 49,421 51,896 54,475 57,221 60,070 63,066 24 51,896 54,475 57,221 60,070 63,066 66,248 25 54,475 57,221 60,070 63,066 66,248 69,555 26 57,221 60,070 63,066 66,248 69,555 73,029 27 60,070 63,066 66,248 69,555 73,029 76,669 28 63,066 66,248 69,555 73,029 76,669 80,538 29 66,248 69,555 73,029 76,669 80,538 84,531 30 69,555 73,029 76,669 80,538 84,531 88,774 31 73,029 76,669 80,538 84,531 88,774 93,226 32 76,669 80,538 84,531 88,774 93,226 97,864 33 80,538 84,531 88,774 93,226 97,864 102,773 34 84,531 88,774 93,226 97,864 102,773 107,910 35 88,774 93,226 97,864 102,773 107,910 113,318 36 93,226 97,864 102,773 107,910 113,318 118,976 37 97,864 102,773 107,910 113,318 118,976 124,821 38 102,773 107,910 113,318 118,976 124,821 131,165 39 107,910 113,318 118,976 124,821 131,165 137,717 40 113,318 118,976 124,821 131,165 137,717 144,622 41 118,976 124,821 131,165 137,717 144,622 151,840 42 124,821 131,165 137,717 144,622 151,840 159,432 43 131,165 137,717 144,622 151,840 159,432 167,378 44 137,717 144,622 151,840 159,432 167,378 175,760 45 144,622 151,840 159,432 167,378 175,760 184,538 46 151,840 159,432 167,378 175,760 184,538 193,773 47 159,432 167,378 175,760 184,538 193,773 203,466 48 167,378 175,760 184,538 193,773 203,466 213,658 49 175,760 184,538 193,773 203,466 213,658 224,307 50 184,538 193,773 203,466 213,658 224,307 235,560 51 193,773 203,466 213,658 224,307 235,560 247,333 52 203,466 213,658 224,307 235,560 247,333 259,688 53 213,658 224,328 235,560 247,333 259,688 272,667 54 224,328 235,560 247,333 259,688 272,667 286,312 55 235,560 247,333 259,688 272,667 286,312 300,622 56 247,333 259,688 272,667 286,312 300,622 315,640 57 259,688 272,667 286,312 300,622 315,640 331,427 58 272,667 286,312 300,622 315,640 331,427 348,005 59 286,312 300,622 315,640 331,427 348,005 365,414 60 300,622 315,640 331,427 348,005 365,414 383,677 61 315,640 331,427 348,005 365,414 383,677 402,875 62 331,427 348,005 365,414 383,677 402,875 422,989 63 348,005 365,414 383,677 402,875 422,989 444,163 Effective July 3, 2023

Page 4 of 4 ends

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2023-076

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALMDALE AMENDING THE CITY’S CLASSIFICATION AND

PAY PLAN FOR BARGAINING UNIT POSITIONS

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

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

SECTION 1. The City’s Classification and Pay Plan for Bargaining Unit Positions is amended as set forth in the attached Exhibit #1 and Exhibit #2.

SECTION 2. The City Clerk shall certify the passage and adoption of this resolution Amending the City’s Classification and Pay Plan for Bargaining Unit Positions. It is deemed to be effective November 15, 2023.

SECTION 3. The City Clerk shall certify to the adoption of this resolution. \
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Resolution No. CC 2023-076

Page 2 of 2 ends

PASSED, APPROVED and ADOPTED this 15th day of November, 2023. _________________________________
Approved as to form: Laura Bettencourt, Mayor
ATTEST:
___________________________ _________________________________ William P. Curley, III Rochelle Scott, Acting City Clerk City Attorney
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 15 th day of November, 2023 by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Rochelle Scott, Acting City Clerk
Revised November 15, 2023
CLASSIFICATION AND PAY PLAN – BARGAINING UNIT POSITIONS FY 2023-2024
TITLE RANGE RANGE #
Hourly
Maintenance Helper $17.20 - $19.93 per hour 14
TITLE RANGE RANGE #
Monthly
Custodian I $3,997 - $5,103 22 Maintenance Worker I $3,997 - $5,103 22 Collection System Operator I $4,406 - $5,625 24
Custodian II $4,406 - $5,625 24
Maintenance Worker II $4,406 - $5,625 24
Collection System Operator II $4,859 - $6,202 26
Equipment Operator $5,625 - $7,179 29
Landscape Inspector $5,625 - $7,179 29
Lead Custodian $5,625 - $7,179 29
Maintenance Leadworker $5,625 - $7,179 29
Maintenance Specialist $5,625 - $7,179 29
Senior Collection System Operator $5,625 - $7,179 29 Heavy Equipment Operator $6,202 - $7,916 31
Senior Maintenance Specialist $6,202 - $7,916 31
Traffic Signal & Streetlight Technician I $6,202 - $7,916 31 Traffic Signal & Streetlight Technician II $6,711 - $8,564 33 Senior Traffic Signal & Streetlight Technician $7,398 - $9,443 35 Revised November 15, 2023
City of Palmdale
Hourly Wage Range/Step Schedule - Bargaining Unit Positions Effective July 3, 2023
Range Step A Step B Step C Step D Step E Step F
14 N/A N/A 17.20 18.06 18.98 19.93
22 23.06 24.22 25.42 26.70 28.03 29.44
24 25.42 26.70 28.03 29.44 30.90 32.45
26 28.03 29.44 30.90 32.45 34.08 35.78
29 32.45 34.08 35.78 37.57 39.45 41.42
31 35.78 37.57 39.45 41.42 43.50 45.67
33 38.72 40.64 42.68 44.82 47.05 49.41
35 42.68 44.82 47.05 49.41 51.88 54.48
Revised November 15, 2023
City of Palmdale
Bi-Weekly Range/Step Schedule - Bargaining Unit Positions Effective July 3, 2023
Range Step A Step B Step C Step D Step E Step F
14 N/A N/A 1,376.00 1,444.80 1,518.40 1,594.40
22 1,844.80 1,937.60 2,033.60 2,136.00 2,242.40 2,355.20 24 2,033.60 2,136.00 2,242.40 2,355.20 2,472.00 2,596.00 26 2,242.40 2,355.20 2,472.00 2,596.00 2,726.40 2,862.40 29 2,596.00 2,726.40 2,862.40 3,005.60 3,156.00 3,313.60 31 2,862.40 3,005.60 3,156.00 3,313.60 3,480.00 3,653.60 33 3,097.60 3,251.20 3,414.40 3,585.60 3,764.00 3,952.80 35 3,414.40 3,585.60 3,764.00 3,952.80 4,150.40 4,358.40 Revised November 15, 2023
City of Palmdale
Monthly Wage Range/Step Schedule - Bargaining Unit Positions Effective July 3, 2023
Range Step A Step B Step C Step D Step E Step F
14 N/A N/A 2,981 3,130 3,290 3,455
22 3,997 4,198 4,406 4,628 4,859 5,103
24 4,406 4,628 4,859 5,103 5,356 5,625
26 4,859 5,103 5,356 5,625 5,907 6,202
29 5,625 5,907 6,202 6,512 6,838 7,179
31 6,202 6,512 6,838 7,179 7,540 7,916
33 6,711 7,044 7,398 7,769 8,155 8,564
35 7,398 7,769 8,155 8,564 8,993 9,443
Revised November 15, 2023
City of Palmdale
Yearly Wage Range/Step Schedule - Bargaining Unit Positions Effective July 3, 2023
Range Step A Step B Step C Step D Step E Step F
14 N/A N/A 35,776 37,565 39,478 41,454 22 47,965 50,378 52,874 55,536 58,302 61,235 24 52,874 55,536 58,302 61,235 64,272 67,496 26 58,302 61,235 64,272 67,496 70,886 74,422 29 67,496 70,886 74,422 78,146 82,056 86,154 31 74,422 78,146 82,056 86,154 90,480 94,994 33 80,538 84,531 88,774 93,226 97,864 102,773 35 88,774 93,226 97,864 102,773 107,910 113,318

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2023-037

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE ESTABLISHING DIRECTORS / EXECUTIVE EMPLOYEES’

COMPENSATION, BENEFITS, AND OTHER TERMS AND CONDITIONS

OF EMPLOYMENT
WHEREAS, the City of Palmdale currently employs its Directors and Executive management staff by individual Employment Agreements; and WHEREAS, the City of Palmdale desires to consolidate and terminate all of the existing Employment Agreements and establish the terms and conditions of employment by a unified Compensation Program Resolution that would continue the existing terms and conditions of the individual Employment Agreements and would thereafter establish the compensation programs for all future Directors and Executive Employees; and
WHEREAS, the City Manager has determined that more effective oversight, fairness, and consistency of administration of the Directors/Executive Management staff will be accomplished through the adoption of a unified Compensation Program Resolution and, therefore has recommended that the City Council adopt this Resolution memorializing the compensation, benefits, and other terms and conditions of employment for all Directors/Executive Management employees.

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

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

SECTION 1. City Manager Authority. In accordance with the City of Palmdale Municipal Code § 2.04(B)(C) and(D), the City Manager is the administrative head of the City government and responsible for the efficient administration of all City affairs including, without limitation, directing department heads, transfer employees from one department to another, consolidate or combine offices, position, departments or units, appoint, remove, exercise control over and supervise departments and City employees, with the exception of the City Attorney and the City Treasurer.

SECTION 2. Pay Increase . The City Manager has the discretion to authorize pay increases within the approved steps of the Classification and Pay Plan.

SECTION 3. Classifications Covered. The following Director/Executive Management classifications shall be covered under the provisions of this Resolution:
 Assistant City Manager
 Deputy City Manager
 Director of Operations
Resolution No. CC 2023-037

Page 2 of 5 ends

 Director of Economic & Community Development
 Director of Finance
 Director of Neighborhood Services
 Director of Parks & Recreations
 Director of Public Safety
 Director of Public Works
All Employment Agreements held by incumbent employees in the above-listed classifications shall terminate effective midnight on November 19, 2023. Effective 12:01 am on November 20, 2023 all incumbent employees in the above listed positions shall be employed by the City in accordance with the terms and conditions provided herein.

SECTION 4. Salary Schedule. All classifications covered by this Resolution shall be paid in accordance with the City’s “Classification and Pay Plan” as may be adopted and modified from time to time by the City Council. The Pay Plan for FY 2023-24 is attached to this Resolution and is incorporated herein.

SECTION 5. CalPERS Retirement. The City is a member of the California Employees’ Retirement System (CalPERS). All full-time employees are enrolled in either a New Member or a Classic plan as determined by CalPERS. New Members shall be enrolled in the 2% @ 62 formula and shall contribute the full 6.75% employee contribution.

Classic CalPERS members are enrolled in one of the following: 1) 2% @ 60 formula and are responsible for paying an employee contribution of 7%; and, 2) 2.7% @ 55 formula and are responsible for paying an employee contribution of 8%.

SECTION 6. Employment Status. All employees covered by this Resolution shall serve at the pleasure of the City Manager and may be terminated at any time, with or without cause, and without any right to pre or post-termination hearing. In the event an employee is terminated without cause, the City shall pay to the employee severance in an amount not to exceed six (6) month’s salary, less applicable deductions. As a condition to receiving severance under this Section, the employee would be required to execute a severance and release agreement wherein the employee would agree to resign and release any and all claims, including civil and administrative claims, in exchange for the severance pay. Employees terminated for cause or who voluntarily resign from their positions are not entitled to severance benefits. Upon termination from employment either with or without cause, the employee shall be paid for accrued but unused vacation but not for accrued sick leave in accordance with state law or the City’s Human Resources Rules & Regulations.

SECTION 7. Deferred Compensation. All employees covered under this Resolution shall be eligible to enroll in the City’s Deferred Compensation 457(b) Plan (“Plan”). The Resolution No. CC 2023-037

Page 3 of 5 ends

terms and conditions of participation in the Plan are subject to the City Council’s modification of such Plan as required under applicable federal and California law. The City shall annually contribute five thousand dollars ($5,000) to participating employees, such amount to be equally contributed per pay period to each pay period established by the City.

SECTION 8. Auto Allowance. The following classifications shall be eligible for an auto allowance: 1) Deputy City Manager -- $ 200/month; 2) Director -- $ 200/month; 3) Assistant City Manager -- $ 400/month.

SECTION 9. UCLA Physical. All employees covered by this Resolution shall be entitled to one executive physical every other fiscal year at the UCLA medical facilities.

SECTION 10. Cost of Living Adjustments (COLA). The City Council may, from time to time, adopt by Resolution COLA adjustments and/or adjustments to the Classification and Pay Plan for those employees covered under this Resolution.

Employees covered by this Resolution shall receive a COLA when the City Council approves a COLA for General Employees.

SECTION 11. Accrued Leave. Employees covered under this Resolution shall accrue the following leaves:
a. Vacation: Employees shall accrue vacation leave at the rate of 6.15 hours per pay period (160 hours annually), such pay periods as established by the City Council.
b. Sick Leave: Employees shall accrue sick leave at the rate of 3.7 hours per pay period (96 hours annually), such pay periods as established by the City Council.
c. Administrative Leave: Employees shall accrue administrative leave at the rate of 3.7 hours per pay period (96 hours annually), such pay period as established by the City Council.

SECTION 12. Medical, Dental, and Vision Insurance. All classifications covered by this Resolution shall continue to receive the same Medical, Dental and Vision Insurance as General Employees and may be modified from time to time.

SECTION 13. Long Term Disability Insurance. The City will continue to contribute one hundred percent (100%) of the premium for Long Term Disability Insurance, the same as General Employees, and may be modified from time to time.

Resolution No. CC 2023-037

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SECTION 14. Life Insurance. The City will continue to contribute one hundred percent (100%) of the premium for a term life policy of $50,000, the same as General Employees, and may be modified from time to time.

SECTION 15. Professional Development. The City agrees to budget and pay for professional dues, subscriptions, trainings, and other associated costs, such as travel, room and board, on behalf of the Employee which are reasonably necessary for professional growth as solely determined by the City Manager.

SECTION 16. Technology/Cell Phone Allowance. The City shall provide Employee with a City cell phone for the conduct of City business only, paid for by the City. In the alternative, Employee may elect to receive a cell phone allowance in accordance with the City’s Administrative Policy A-4.

SECTION 17. Existing Employment Agreements. The City Council shall continue to recognize and comply with the terms of the Employment Agreements of the City Manager and the current City Attorney. With respect to the current Assistant City Manager position, the City will recognize the Employment Agreement of the incumbent; however, in the event that the Assistant City Manager position becomes vacant, any new incumbent shall be covered under the terms and conditions of this Resolution. The City Manager and the City Attorney positions are not covered under the provisions of this Resolution and may separately enter into Employment Agreements with the City Council.

SECTION 18. The effective date of this resolution shall be November 15th, 2023. \
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Resolution No. CC 2023-037

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SECTION 19. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED and ADOPTED this 15th day of November, 2023. _________________________________
Approved as to form: Laura Bettencourt, Mayor
ATTEST:
___________________________ _________________________________ William P. Curley, III Rochelle Scott, Acting City Clerk City Attorney
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 15 th day of November, 2023 by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Rochelle Scott, Acting City Clerk
City Council Staff Report
DATE: NOVEMBER 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT

ECONOMIC DEVELOPMENT DIVISION
DISTRICT: ALL
SUBJECT: ADOPT RESOLUTION NO. CC 2023-067, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALMDALE APPROVING THE

PALMDALE AEROSPACE INCENTIVE PROGRAM
ISSUE
Adopt Resolution No. CC 2023 -067, a Resolution of the City Council of the City of Palmdale approving the Palmdale Aerospace Incentive Program.

RECOMMENDATION
Staff recommends that the City Council:

1. Adopt Resolution No. CC 2023 -067, a Resolution of the Cit y Council of the City of Palmdale approving the Palmdale Aerospace Incentive Program; and

2. Authorize the City Manager , or her designee, to take actions necessary to implement the program, including the execution of reimbursement agreements with qualified recipients.

BACKGROUND
The aerospace and defense industries have a profound impact on the local economy.

These sectors provide highly skilled jobs and significantly contribute to regional and local development. The City continually seeks ways to support these innovative industries and attract businesses that are eager to expand their presence within the Palmdale market.

Notably, many businesses in the Los Angeles basin face limitations in their opportunities to grow, making Palmdale an attractive alternative. Beyond providing essential support services to Air Force Plant 42, attracting new aerospace related businesses to Palmdale will bolster the local community by providing well -compensated, skilled employment opportunities closer to home.

DISCUSSION
The Palmdale Aerospace Incentive Program (PAIP) aims to accelerate the attraction of new businesses and foster the growth of the local aerospace ecosystem. This strategic initiative is supported by three primary objectives: attracting small to mid-size aerospace and defense-related businesses, promoting the creation of high -quality jobs and capital Report to Mayor and City Council
Re: Adopt Resolution No. CC 2023-067
November 15, 2023

Page 2 ends

investment, and attracting projects that significantly enhance employment opportunities and investments within the City. To qualify for the PAIP, businesses must create a minimum of 50 full-time jobs, be a small to mid-size business engaged in the manufacturing of military and aerospace equipment or military weaponry and meet annual revenue standards aligned with the Small Business Administration Small Business Size Standards. The incentive amount that a business can qualify for is based on the number of full-time jobs created and the size of the building that will be utilized by the business.

The City will allocate $250,000 to fund the first year of the PAIP.

The PAIP represents a significant step toward the City's objectives of fostering quality job creation, economic attraction and local expansion, and the advancement of manufacturing in the aerospace and defense sectors. Palmdale has nearly 13 million square feet of industrial space in the development pipeline, and this program will play a crucial role in engaging potential end users with these opportunities. To promote the program, the City will utilize existing real estate broker and developer networks. The City will also utilize paid and organic marketing opportunities to help promote the program.

This includes advertising in aerospace related publications, targeted marketing campaigns, partnerships with aerospace and business associations, and hosting targeted meetings and events to connect the City with decision makers.

FISCAL IMPACT
$250,000; funds for the PAIP is allocated within the Measure AV budget for FY 2023-

24. STRATEGIC PLAN
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: Mica Schuler, Senior Management Analyst
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, City Attorney

ATTACHMENTS

1. Resolution CC 2023-067

2. Application

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2023-067

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE

APPROVING THE PALMDALE AEROSPACE INCENTIVE PROGRAM
WHEREAS, the Palmdale Aerospace Incentive Program (PAIP) is a strategic initiative designed to attract small to mid-size aerospace and defense support businesses that provide goods and services that sustain the operations of the aerospace and defense industry in our region; and
WHEREAS, the PAIP is strategically designed to encourage quality job creation and capital investment in Palmdale; and
WHEREAS, the PAIP is in alignment with the goals of the Palmdale City Council, to foster economic vitality and innovation; and WHEREAS, the PAIP will incentivize the creation of new primary jobs and investment in the City by providing incrementally larger incentives for projects creating more jobs and capital investment; and
WHEREAS, the PAIP eligibility criteria is comprehensive and the evaluation and calculation of incentive amounts will ensure that the program attracts businesses poised to significantly contribute to Palmdale's economic and industrial development; and
WHEREAS, in an effort to demonstrate the City’s commitment to job creation and advancement of the aerospace and defense industry, the City Council of the City of Palmdale has decided to enact this Resolution.

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

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

SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals of this Resolution, are true and correct.

SECTION 2. The City’s PAIP shall be instituted to facilitate quality job creation and capital investment in Palmdale by attracting small to mid-size aerospace and defense support businesses that provide product and services that sustain the operations of the aerospace and defense industry.

Resolution No. CC 2023-067

Page 2 of 3 ends

SECTION 3. The PAIP eligibility criteria requires that a business demonstrate that a minimum of 50 new primary jobs will be created and the business plays a vital role in the aerospace and defense supply chain. Eligibility criteria for business size is aligned with the Small Business Administration Small Business Size Standards, which include businesses with annual revenue of $47 million or less. Qualified support businesses encompass those producing specialized parts for aircraft, spacecraft, missiles, and defense systems.

SECTION 4. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED and ADOPTED this 15th day of November 2023. _________________________________
Approved as to form: Laura Bettencourt, Mayor
ATTEST:
___________________________ _________________________________ William P. Curley III, City Attorney Rochelle Scott, Acting City Clerk Resolution No. CC 2023-067

Page 3 of 3 ends

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 15 th day of November 2023 by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Rochelle Scott, Acting City Clerk
Attachment 2
Palmdale Aerospace Incentive Program Application

Palmdale Aerospace Incentive Program
2 Introduction and Program Guidelines
The City of Palmdale Aerospace Incentive Program (PAIP) is a structured initiative aimed at attracting aerospace and defense-related businesses to the area. The goals of the PAIP are to:
 Attract aerospace and defense supportive businesses that provide products and services to support the operations and manufacturing processes of aerospace and defense companies.  Incentivize job creation and capital investment in the city.  Provide larger incentives for projects with more jobs and capital investment in Palmdale.

Eligibility Requirement:
 A minimum of 50 new primary jobs must be created.
 A minimum of 70,000 square feet of new construction or new lease space will be utilized.  End users of the company’s product must be in the aerospace or defense industry or play a crucial role in the supply chain of the aerospace and defense sectors, helping them produce advanced technologies and systems for military and civilian purposes. They must provide products or services to support the operations and manufacturing process of aerospace and defense companies as outlined in the qualifying companies’ section of this program.
 Businesses annual revenue must be $47 million or less as designated by the North American Industry Classification System (NAICS) utilized by the US Small Business Administration to qualify as a small business for businesses involved in the manufacturing of military and aerospace equipment or military weapons.
 A minimum of three consecutive years of first-class business operation in a field of business as set forth in the qualifying companies section outlined in this program is required.  If the building to be occupied by the qualifying company is owned by another party, a lease agreement with a minimum 5-year commitment is necessary.

Incentive Structure:
 Total Incentive = (Total Square Feet x .75 Incentive Rate per SF) + (Total Jobs Created x 1,300 Incentive Rate per Job)
 The maximum incentive capped at $250,000 per project or until funds are exhausted.

Qualifying companies must be in one of the following categories:
 Component Manufacturers: These companies produce specific parts and components used in aircraft, spacecraft, missiles, and defense systems. Examples include engine manufacturers, avionics suppliers, and companies that produce structural components like wings or fuselage sections.  Materials Suppliers: These suppliers provide the materials needed for manufacturing aerospace and defense products. This includes specialized metals, composites, ceramics, and other advanced materials that meet strict aerospace and defense industry standards for strength, durability, and weight.  Electronics and Avionics Suppliers:This category includes companies that supply electronic components, avionics systems, navigation equipment, and communication systems for aircraft, satellites, and defense applications.
 Software and IT Services Providers: These suppliers develop and provide software solutions for aircraft and defense systems. This can include flight control software, simulation software, cybersecurity services, and more.

Palmdale Aerospace Incentive Program
3  Maintenance, Repair, and Overhaul (MRO) Providers:MRO companies offer services to maintain, repair, and overhaul aerospace and defense equipment. This includes routine maintenance, inspections, and the refurbishment of military vehicles, aircraft, and naval vessels.  Logistics and Supply Chain Management: Suppliers in this category provide logistics and supply chain management services, ensuring that the necessary parts and equipment are delivered on time and efficiently to support aerospace and defense manufacturing and operations.  Testing and Certification Services: These companies offer testing, validation, and certification services to ensure that aerospace and defense products meet safety and quality standards. They conduct various tests, including stress testing, environmental testing, and electromagnetic interference testing.  Research and Development (R&D) Firms : R&D companies work on cutting-edge technologies and innovations in the aerospace and defense sectors. They may collaborate with government agencies and defense contractors to develop new technologies and systems.  Consulting and Professional Services: These suppliers offer consulting, engineering, and other professional services to help aerospace and defense companies with design, development, regulatory compliance, and project management.
 Raw Material Suppliers: Companies that provide basic raw materials, such as metals, plastics, and chemicals, which are used in the manufacturing processes of aerospace and defense products.  Tool and Equipment Suppliers: These suppliers provide specialized tools, machinery, and equipment needed for the manufacturing and maintenance of aerospace and defense products.

Application/Evaluation Process
A completed application must be submitted. Staff will evaluate and calculate the incentive amount based on the incentive structure. If approved, a signed incentive reimbursement agreement will be required agreeing to policies of the program and the City of Palmdale. Approved incentive funds will be distributed by check upon proof that the business has received an approved Building Permit from the City of Palmdale.

The information requested on this application is needed by the City of Palmdale to determine eligibility for the Palmdale Aerospace Incentive Program. If you have any questions concerning the information being requested on this application, please contact Economic Development. Please complete the information requested and submit it to:

Email: [email protected] Mail: City of Palmdale Economic Development
38250 Sierra Highway
Palmdale, CA 93550
Phone: 661-267-5125
Eligibility Checklist
The checklist below assists businesses to determine eligibility for the PAIP.

Will this business be located within Palmdale City boundary? Yes ___ No ___ Does this business meet the criteria outlined for qualified businesses? Yes ___ No ___ Will this business create a minimum of 50 new primary jobs? Yes ___ No ___ Palmdale Aerospace Incentive Program
4 Will this business utilize a minimum of 70,000 square feet in either new construction or new lease space?
Yes ___ No ___
Does this business have a minimum of three years in business providing services as a qualified business?
Yes ___ No ___
Is this business plan to remain in Palmdale for at least 5 years? Yes ___ No ___ If you answered yes to all questions in the eligibility checklist, you may be eligible for the PAIP. Proceed to complete application. If you answered no to any question, you may not be eligible for the PAIP.

Summary Application
Legal Name of Business:

DBA (if applicable):

Business Address:

Point of Contact:

Contact Email:

Contact Phone:

Date Business Opened:

Federal EIN:

Qualifying Business Category:

Number of Jobs to be Created:

New construction or Lease:

If New Construction, Expected
Date of Completion:

If Lease, Provide Lease Term:

Square Footage of Facility:

Application Signature Page
(complete one signature page for each business owner)
The applicant warrants and represents that no City Council Member, City Staff Member, Commission Member, Committee Member, and/or any person who is subject to the provisions of the City’s Conflict of Interest Code, has any ownership interest of any kind or amount in the business for which the grant would be issued, or would otherwise receive a financial benefit from any grant which may be extended to applicant and/or for the business.

By accepting this grant, I agree to comply with the current and future guidelines and other requirements as set forth by the City of Palmdale.

Name (Print) ___________________________________ Date _____________________________________ Signature ________________________________________________________________________________ I attest that I have read and understood the application and completed the application in full, including the required attachments listed below. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Required Attachments (all applicants)
Palmdale Aerospace Incentive Program
5 1. Comprehensive business proposal detailing the type of business, operational methods, facility size, and the number of jobs to be created, among other relevant information.

2. Approved Site Plans for new construction or copy of LOI or lease agreement.

City Council Staff Report
DATE: NOVEMBER 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION
DISTRICT: 5
SUBJECT: NOTICE OF COMPLETION – ACCEPT PUBLIC IMPROVEMENTS FOR CIRCLE K AT 3851 EAST PALMDALE BLVD
ISSUE
Notice of Completion – Accept Public Improvements for Circle K at 3851 East Palmdale Blvd.

RECOMMENDATION
Staff recommends that the City Council:

1. Accept the completed public improvements for Circle K at 3851 East Palmdale Blvd.; and,

2. Authorize the City Manager, or her 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, and pavement on Palmdale Blvd. and 40th St. East. 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 a nd the City. This Council action will accept the public improvements as complete . After the developer fulfills a one -year maintenance period, the improvements will be transferred to the City for maintenance . This Council action will also initiate the City ’s release of applicable securities posted per the City’s subdivision regulations. This action is being taken according to Section 16.110.060 of the City’s Municipal Code.

Report to Mayor and City Council
Re: Acceptance of Completed Public Improvements
November 15, 2023

Page 2 ends

FISCAL IMPACT
The City’s maintenance costs will incrementally increase due to acceptance of these improvements. The developer is required to fulfill a one-year maintenance period prior to transferring responsibilities to the City. Ongoing maintenance costs will be allocated through the annual budget process for future years.

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, 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, City Attorney

ATTACHMENTS

1. Exhibit A – List of Completed Public Improvements

2. Exhibit B – Site Map Location

3. Notice of Completion – Circle K Street Improvements

EXHIBIT A

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

Circle K ST 17-02 891 LF $263,500

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-Circle K.

5. A work of improvement on the property hereinafter described was completed on October 03, 2023

6. The work done was: “ Street Improvements-Circle K”,

7. The name of the Contractor for such work of improvement: Circle K Stores, 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: North of Palmdale Blvd. and 40th Street East.

9. The address of said property is: 3851 East Palmdale Blvd.

Dated: November 15, 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 November 15, 2023, in the City of Palmdale, California.

Guillermo I. Padilla, City Engineer
City Council Staff Report
DATE: NOVEMBER 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION
DISTRICT: ALL
SUBJECT: APPROVE ONGOING CONTRACTOR SERVICE AGREEMENTS
WITH M. BREY ELECTRIC, INC. DBA MBE CONSTRUCTION,
HOUALLA ENTERPRISES LTD. DBA METRO BUILDERS &
ENGINEERS GROUP, LTD ., AND NASH CONSTRUCTION
SERVICES INC. FOR $200,000 EACH FOR TWO YEARS
ISSUE
Approve ongoing contractor service agreements with M. Brey Electric, Inc. dba MBE Construction, Houalla Enterprises Ltd. dba Metro Builders & Engineers Group, Ltd., and Nash Construction Services, Inc. for $200,000 each for two years.

RECOMMENDATION
Staff recommends that the City Council:

1. Approve ongoing contractor service agreements with M. Brey Electric Inc. dba MBE Construction, Houalla Enterprises Ltd., dba Metro Builders & Engineers Group, Ltd., and Nash Construction Services, Inc., for $200,000 each for two years; and

2. Authorize the City Manager, or her designee, to execute Agreement No. A-8559, Agreement No. A-8560 and Agreement No. A-8561 with M. Brey Electric Inc. dba MBE Construction, Houalla Enterprises Ltd., dba Metro Builders & Engineers Group, Ltd., and Nash Construction Services, Inc., respectively, including non - substantive changes.

BACKGROUND
Due to the increased number of maintenance projects required at the Department of Public Works, it was determined that the City of Palmdale should contract with general contractors to assist with small maintenance projects , including but not limited to the painting of office space, renovation of bathrooms, etc.,thus allowing the City maintenance staff to continue providing prevent ative maintenance services on city facilities. The City solicited Requests for Qualifications (RFQs) for construction-related services through an Report to Mayor and City Council
Re: Approval of Agreement Nos. A-8559, A-8560, and A-8561 November 15, 2023

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open and competitive selection process. The RFQs were publicized on the City’s online bid system, Planet Bids, for 30 calendar days.

DISCUSSION
The City released Request for Qualifications No. 23-001-3900 for ongoing general contractor and minor construction services in June 2023. Interested firms were required to submit a statement of qualifications that emphasizes their experience in providing general contractor-related services, including but not limited to framing and rough/finish carpentry, drywall, millwork, glazing, plumbing, electrical, HVAC, painting, etc. The selected firms were to provide all necessary personnel, material, transportation, instrumentation, and equipment necessary to satisfy all appropriate agencies and required to ensure compliance with all applicable federal, state, and local statutes, laws, codes, regulations, policies, procedures, ordinances, standards, specifications, performance standards, and guidelines, applicable to the firm’s services and work product.

Report to Mayor and City Council
Re: Approval of Agreement Nos. A-8559, A-8560, and A-8561 November 15, 2023

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Twenty (20) construction firms were notified, and the City received three qualification packages. All three contractors are qualified firms to work for the City. MBE Construction and Metro Builders are from Beaumont and Newport Beach, respectively, and Nash Construction is a local contractor.

FISCAL IMPACT
$600,000; Agreements for each of the three (3) contractors will be for $200,000 per contractor. Funds for projects will be determined on an as-needed basis, and funds will only be spent to the extent that services are utilized. Funds are budgeted and available for FY 2023-24 in Facilities Maintenance contract service accounts.

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. Agreement No. A-8559
Agreement No. A-8560
Agreement No. A-8561
Report to Mayor and City Council
Re: Approval of Agreement Nos. A-8559, A-8560, and A-8561 November 15, 2023

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AGREEMENT NO. A-8559

CONTRACT FOR SERVICES
BETWEEN THE CITY OF PALMDALE AND M. BREY ELECTRIC, INC. dba MBE

CONSTRUCTION

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 M. BREY ELECTRIC, INC. dba MBE CONSTRUCTION, a California 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:

On-Going General Contractor and Minor Construction Services.

The scope of services assigned to the CONTRACTOR shall include a range of projects from minor requests to significant construction projects such as remodeling or repair work, at City-owned facilities and that will typically be time sensitive in nature on an as-needed basis. .

CONTRACTOR shall provide a full range of construction, maintenance, and repair services, including but not limited to:
• Framing and Rough Carpentry
• Finish Carpentry
• Drywall
• Millwork
• Glazing
• Ceramic and Mosaic Tile
1-17Concord - Document ID: generated after first signature • Plumbing
• Electrical
• Painting
• Roofing
• Sheet Metal
• HVAC
• Flooring
• Welding
• Asbestos Abatement
• Lead Abatement
• Masonry
CONTRACTORS regular business hours are Monday through Friday 8:00 a.m. to 5:00 p.m. .

Licenses
At all times during the term of this Contract, CONTRACTOR shall possess a Class A General Engineering or Class B General Building Contractors License with the Contractor's State License Board (CSLB) to perform required work. CONTRACTOR'S CSLB license number is 581224. CONTRACTOR'S DIR registration number is 1000005926. CONTRACTORS City of Palmdale license number is 11611788.

CONTRACTOR hereby certifies that it holds the required license(s).

Prevailing Wage
This Contract calls for work to be performed constituting public works. All labor is to be paid at prevailing wage rates. CONTRACTOR to determine proper wage classification. CONTRACTOR and all subcontractors must be registered with the State of California Department of Industrial Relations (DIR) as a public works contractor for the duration of the agreement and is responsible for any and all registration and/or renewal fees. The CITY will require certified payroll to be submitted and that it may be verified by a 3rd party labor compliance company.

CONTRACTOR acknowledges and understands it must comply with the prevailing wage requirements as per Exhibit A definition for prevailing wage requirements.

Payment and Performance Bonds
Unless otherwise expressly provided in the bid documents, if any individual project 2-17Concord - Document ID: generated after first signature performed under the Contract exceeds $25,000, Contractor shall provide a performance bond and payment bond, each in amount equal to 100% of the project.

Such bonds is requested by the CITY before work is to be performed on the specified project.

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.

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. Contractor acknowledges and understands it must comply with the prevailing wage requirements as set for in Exhibit “A”.

2.5 All work supplied under this Contract shall be fully guaranteed by CONTRACTOR for a minimum period of 730 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.

CONTRACTOR’s Team and Key Personnel are as follows:

Not Applicable
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. 3-17Concord - Document ID: generated after first signature CONTRACTOR shall not deviate nor substitute any of these team members without prior written approval by CITY.

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.

3.3.3 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 TWO (2) YEARS/TWENTY FOUR MONTHS, commencing on the effective date, with CITY reserving the option to extend the agreement for 1 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 4-17Concord - Document ID: generated after first signature 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.

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 HUNDRED THOUSAND dollars ($200000.00) 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:
5-17Concord - Document ID: generated after first signature *Option to Extend
CONTRACTOR shall be paid a one (1) hour minimum per call out.

Pricing shall be firm fixed price for stated term and shall include all costs in accordance with all contract requirements, including but not limited to fully burdened labor, payroll and other taxes, fringes, licenses and permits, insurance, workforce 6-17Concord - Document ID: generated after first signature productivity, coordination, transportation, field overhead, general, and administrative overhead, and profit. The Bidder shall submit all costs to the CITY. All hourly rates, service fees, or charges shall include any and all travel charges (i.e., portal to portal) necessary.

Payment shall be based on actual quantities and there is not guarantee that the CITY shall require any certain quantity. Payment Terms are Net 45 Days.

Material Mark-Up. CITY has the option to purchase parts for projects. In the event CONTRACTOR purchases material, parts, or components, reimbursement will be based on the price plus the stated material mark-up percentage supplied in the cost proposal form. The CONTRACTOR shall first submit a quote to the CITY for approval before work is performed. Any non-warrantied work must be approved by the CITY.

CITY may request CONTRACTOR submit a copy of the detailed vendor invoice for materials to serve as back-up to CONTRACTOR’S detailed invoice specifying all labor, parts, taxes, fees, etc. CITY will pay only for materials used for each job, as well as applicable sales tax. The mark-up percentage applies to material cost only.

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.

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. 7-17Concord - Document ID: generated after first signature

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.

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 8-17Concord - Document ID: generated after first signature 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 breach of the aforesaid obligations and covenants, and any other provision or covenant of this agreement.
10 INSURANCE

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

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
 $2,000,000.00 combined single limit including owned, non-owned and hired automobile coverage

10.1.4 Pollution/Environmental Liability
 $2,000,000.00 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, 9-17Concord - Document ID: generated after first signature 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.

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.

10.7 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.

10.8.3 *When pollution/environmental liability 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 10-17Concord - Document ID: generated after first signature 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 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 11-17Concord - Document ID: generated after first signature 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.

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 12-17Concord - Document ID: generated after first signature

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, 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 13-17Concord - Document ID: generated after first signature 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.

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.

21.3 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. 14-17Concord - Document ID: generated after first signature 22 ATTORNEY’S FEES

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: M. BREY ELECTRIC, INC. dba MBE
CONSTRUCTION:

Ronda Perez
City Manager

Matthew Brey
President

ADDRESS FOR NOTICE:

CITY OF PALMDALE
38250 Sierra Highway
Palmdale, CA 93550

ADDRESS FOR NOTICE:

M. BREY ELECTRIC, INC. dba MBE

CONSTRUCTION
408 Elm Ave
Beaumont, CA 92223.

APPROVE AS TO FORM:

William P. Curley, III
City Attorney

ATTEST:

Roxanne Faber
Acting City Clerk

15-17Concord - 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 requires 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 subcontractors, 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 format 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 16-17Concord - Document ID: generated after first signature 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 from 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.

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

■Certificate(s) and Endorsement(s) attached
■Confirmed business name on contract with certificate(s) ■Attached Agreement Checklist and met all requirements
17-17Concord - Document ID: generated after first signature AGREEMENT NO. A-8560

CONTRACT FOR SERVICES
BETWEEN THE CITY OF PALMDALE AND HOUALLA ENTERPRISES LTD. dba METRO BUILDERS & ENGINEERS GROUP, LTD.

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 HOUALLA ENTERPRISES LTD. dba METRO BUILDERS & ENGINEERS GROUP, LTD., a California 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.

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

On-Going General Contractor and Minor Construction Services.

The scope of services assigned to the CONTRACTOR shall include a range of projects from minor requests to significant construction projects, such as remodeling or repair work, at City-owned facilities and that will typically be time-sensitive in nature on an as-needed basis.

CONTRACTOR shall provide a full range of construction, maintenance, and repair services, including but not limited to:
• Framing and Rough Carpentry
• Finish Carpentry
• Drywall
• Millwork
1-16Concord - Document ID: generated after first signature • Glazing
• Ceramic and Mosaic Tile
• Plumbing
• Electrical
• Painting
• Roofing
• Sheet Metal
• HVAC
• Flooring
• Welding
• Asbestos Abatement
• Lead Abatement
• Masonry
CONTRACTORS regular business hours are Monday through Friday 8:00 a.m. to 5:00 p.m.

CONTRACTOR’s CSLB license number is 597589. CONTRACTOR’s DIR registration number is 1000002925 CONTRACTORS City of Palmdale Business License number is xxx. CONTRACTOR hereby certifies that it holds the required license(s).

Prevailing Wage
This Contract calls for work to be performed constituting public works. All labor is to be paid at prevailing wage rates. CONTRACTOR to determine proper wage classification. CONTRACTOR and all subcontractors must be registered with the State of California Department of Industrial Relations (DIR) as a public works contractor for the duration of the agreement and is responsible for any and all registration and/or renewal fees. The CITY will require certified payroll to be submitted and that it may be verified by a 3rd party labor compliance company.

CONTRACTOR acknowledges and understands it must comply with the prevailing wage requirements as per Exhibit A definition for prevailing wage requirements.

Payment and Performance Bonds
2-16Concord - Document ID: generated after first signature Unless otherwise expressly provided in the bid documents, if any individual project performed under the Contract exceeds $25,000, Contractor shall provide a performance and payment bonds, each in amount equal to 100% of the project. Such bond is requested by the CITY before work is to be performed on the specified project.

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.

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.

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.

CONTRACTOR’s Team and Key Personnel are as follows:

Not Applicable
3-16Concord - Document ID: generated after first signature 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.

The term of this Contract is TWO (2) YEARS/TWENTY FOUR MONTHS, commencing on the effective date, with CITY reserving the option to extend the agreement for 1 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.
4-16Concord - 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 HUNDRED THOUSAND dollars ($200000.00) 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:
*Option to Extend
CONTRACTOR shall be paid a one (1) hour minimum per call out.

Pricing shall be firm fixed price for stated term and shall include all costs in accordance with all contract requirements, including but not limited to fully burdened labor, payroll and other taxes, fringes, licenses and permits, insurance, workforce productivity, coordination, transportation, field overhead, general, and administrative 5-16Concord - Document ID: generated after first signature overhead, and profit. The Bidder shall submit all costs to the CITY. All hourly rates, service fees, or charges shall include any and all travel charges (i.e., portal to portal) necessary.

Payment shall be based on actual quantities and there is not guarantee that the CITY shall require any certain quantity. Payment Terms are Net 45 Days.

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 6-16Concord - Document ID: generated after first signature employed by CONTRACTOR or acting on its behalf, in connection with this Contract shall be considered the Agent or employee of CITY.

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.

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 7-16Concord - Document ID: generated after first signature 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 breach of the aforesaid obligations and covenants, and any other provision or covenant of this agreement.
10 INSURANCE

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

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
 $2,000,000.00 combined single limit including owned, non-owned and hired automobile coverage

10.1.4 Pollution/Environmental Liability
 $2,000,000.00 limit on a per occurrence basis

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, 8-16Concord - Document ID: generated after first signature Airport Authority, their officers, agents, employees and volunteers are named as additional insured”.

B. “Severability of Interest” Clause.

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.

10.9 Notwithstanding any other provision of this Contract, CITY may immediately terminate this Contract if, at any time CONTRACTOR fails to maintain the required 9-16Concord - Document ID: generated after first signature insurance for any period of time or fails to comply with any of the insurance requirements listed above.

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.

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 10-16Concord - Document ID: generated after first signature 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.

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

15.2 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 11-16Concord - Document ID: generated after first signature

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, gender expression, genetic information, or military and veteran status.

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.

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 12-16Concord - Document ID: generated after first signature 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.

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.

21.3 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. 13-16Concord - Document ID: generated after first signature 22 ATTORNEY’S FEES

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: HOUALLA ENTERPRISES LTD. dba

METRO BUILDERS & ENGINEERS
GROUP, LTD.:

Ronda Perez
City Manager

Fouad Houalla
President

ADDRESS FOR NOTICE:

CITY OF PALMDALE
38250 Sierra Highway
Palmdale, CA 93550

ADDRESS FOR NOTICE:

HOUALLA ENTERPRISES LTD. dba

METRO BUILDERS & ENGINEERS
GROUP, LTD.
2610 Avon St.

Newport Beach, CA 92663
APPROVE AS TO FORM:

William P. Curley, III
City Attorney

ATTEST:

Roxanne Faber
Acting City Clerk

14-16Concord - Document ID: generated after first signature

EXHIBIT “A”

PREVAILING WAGE REQUIREMENTS

1. This Contract calls for work to be performed constituting public works.

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

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 15-16Concord - Document ID: generated after first signature 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.

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

□Certificate(s) and Endorsement(s) attached
□Confirmed business name on contract with certificate(s) □Attached Agreement Checklist and met all requirements
16-16Concord - Document ID: generated after first signature AGREEMENT NO. A-8561

CONTRACT FOR SERVICES

BETWEEN THE CITY OF PALMDALE AND NASH CONSTRUCTION SERVICES 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 NASH CONSTRUCTION SERVICES INC., a California Coporation , (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.

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

On-Going General Contractor and Minor Construction Services.

The scope of services assigned to the CONTRACTOR shall include a range of projects from minor requests to significant construction projects, such as remodeling or repair work, at City-owned facilities and that will typically be time sensitive in nature on an as-needed basis..

CONTRACTOR shall provide a full range of construction maintenance, and repair services, including but not limited to:
• Framing and Rough Carpentry
• Finish Carpentry
• Drywall
• Millwork
• Glazing
1-16Concord - Document ID: generated after first signature • Ceramic and Mosaic Tile
• Plumbing
• Electrical
• Painting
• Roofing
• Sheet Metal
• HVAC
• Flooring
• Welding
• Asbestos Abatement
• Lead Abatement
• Masonry
CONTRACTORS regular business hours are Monday through Friday 8:00 a.m. to 5:00 p.m.

Licenses
At all times during the term of this Contract, CONTRACTOR shall possess a Class B General Building Contractors License with the Contractor's State License Board (CSLB) to perform required work. CONTRACTOR'S CSLB license number is 918613 CONTRACTOR'S DIR registration number is 10000064846. CONTRACTOR'S City of Palmdale license number is 11608156. CONTRACTOR hereby certifies that it holds the required license(s).

Prevailing Wage
This Contract calls for work to be performed constituting public works. All labor is to be paid at prevailing wage rates. CONTRACTOR to determine proper wage classification. CONTRACTOR and all subcontractors must be registered with the State of California Department of Industrial Relations (DIR) as a public works contractor for the duration of the agreement and is responsible for any and all registration and/or renewal fees. The CITY will require certified payroll to be submitted and that it may be verified by a 3rd party labor compliance company.

CONTRACTOR acknowledges and understands it must comply with the prevailing wage requirements as per Exhibit A definition for prevailing wage requirements.

Payment and Performance Bonds
2-16Concord - Document ID: generated after first signature Unless otherwise expressly provided in the bid documents, if any individual project performed under the Contract exceeds $25,000,Contractor shall provide a performance and payment bonds, each in amount equal to 100% of the project. Such bonds is requested by the CITY before work is to be performed on the specified project..

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.

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.

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.

CONTRACTOR’s Team and Key Personnel are as follows:

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

The term of this Contract is TWO (2) YEARS/TWENTY FOUR MONTHS, commencing on the effective date, with CITY reserving the option to extend the agreement for 1 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.
4-16Concord - 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 HUNDRED THOUSAND dollars ($200000.00) 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:
*Option to Extend
CONTRACTOR shall be paid a one (1) hour minimum per call out.

Pricing shall be firm fixed price for stated term and shall include all costs in 5-16Concord - Document ID: generated after first signature accordance with all contract requirements, including but not limited to fully burdened labor, payroll and other taxes, fringes, licenses and permits, insurance, workforce productivity, coordination, transportation, field overhead, general, and administrative overhead, and profit. The Bidder shall submit all costs to the CITY. All hourly rates, service fees, or charges shall include any and all travel charges (i.e., portal to portal) necessary.

Payment shall be based on actual quantities and there is not guarantee that the CITY shall require any certain quantity. Payment Terms are Net 45 Days.

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. 6-16Concord - 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.

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 7-16Concord - Document ID: generated after first signature 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 breach of the aforesaid obligations and covenants, and any other provision or covenant of this agreement.
10 INSURANCE

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

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
 $2,000,000.00 combined single limit including owned, non-owned and hired automobile coverage

10.1.4 Pollution/Environmental Liability
 $2,000,000.00 limit on a per occurrence basis

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, 8-16Concord - Document ID: generated after first signature Palmdale Civic Authority, Housing Authority, Industrial Development Authority, Airport Authority, their officers, agents, employees and volunteers are named as additional insured”.