Agenda packet, regular meeting, first session — Palmdale City Council, June 26, 2024 (part 1 of 4)

1. CALL MEETING TO ORDER

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

2. ROLL CALL

MAYOR BISHOP, MAYOR PRO TEM LOA, COUNCILMEMBERS OHLSEN,

BETTENCOURT, ALARC
Ó
N

COMMISSIONERS FRAGA-SAENZ, BETTS

3. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

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

ADJOURNED REGULAR MEETING

SUCCESSOR AGENCY

HOUSING AUTHORITY

INDUSTRIAL DEVELOPMENT AUTHORITY

PALMDALE AIRPORT AUTHORITY

PALMDALE CIVIC AUTHORITY

PALMDALE FINANCING AUTHORITY

CITY COUNCIL CHAMBERS
38300 SIERRA HIGHWAY

SUITE B
PALMDALE, CA 93550
WEDNESDAY, JUNE 26, 2024
5:00 PM
www.cityofpalmdaleca.gov

WELCOME
City Council
Wednesday, June 26, 2024

(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 two (2) minutes on the entirety of the Consent Calendar, Appointment(s), 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.

4. PUBLIC COMMENTS

CONSENT CALENDAR, APPOINTMENT(S), NEW BUSINESS, AND CLOSED SESSION: Now is the time for public participation on items listed on the Consent Calendar, Appointment(s), New Business, and Closed Session. Each speaker is allotted two (2) minutes in total for the entirety of the above sections.

5. 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 Consent Calendar and will be considered separately following this portion of the Agenda.

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

5.2 Approve Project Authorization A under Master Services Agreement with NBS Government Finance Group to provide Assessment District and Community Facility District administration, other related consulting services, and continuing disclosure services in an amount not to exceed $1,160,000 for a term of five (5) years.

SR Agrmt No. A-8883 with NBS Government Finance Group.docx

Agrmt No. A-8883 Master Services Agreement with NBS Government Finance Group.pdf

Agrmt No. A-8883-A Project Authorization with NBS Government Finance Group.pdf

City Council
Wednesday, June 26, 2024

5.3 Approve Purchase Order 20250000 with Amazon Capital Services, Inc. dba Amazon Business in an amount not to exceed $217,000 for FY 2024-25.

SR PO 20250000 Amazon Capital Services.docx

PO No. 20250000 Amazon Capital Services.pdf

Contract No. R-TC-17006.pdf

Contract No. R-TC-17006 Amendment 1.pdf

Contract No. R-TC-17006 Extension 1.pdf

Contract No. R-TC-17006 Extension 2.pdf

5.4 Adopt Resolution No. CC 2024-053, a Resolution of the City Council of the City of Palmdale establishing an appropriations limit for Fiscal Year 2024-25 pursuant to Article XIII B of the California Constitution and repeal Resolution No. CC 2023- 042.

SR GANN Appropriation Limit FY 2024-25.docx

Reso. No. CC 2024-053 GANN Appropriation Limit FY 2024-25.docx

5.5 Approve Agreement with Hinderliter, de Llamas & Associates (HdL) for Sales, Use, and Transaction Tax Audit and Information Services in an amount not to exceed $262,000 for a five (5) year term.

SR Agrmt No. A-8885 with Hinderliter, de Llamas & Associates.docx

Agrmt No. A-8885 with Hinderliter, de Llamas & Associates.pdf

5.6 Approve agreement with Pro West and Associates, Inc. to provide Geographical Information System (GIS) services in a not to exceed amount of $300,000 for a three (3) year term.

SR Agrmt No. A-8901 with Pro West and Associates.docx

Agrmt No. A-8901 with Pro West and Associates.pdf

5.7 Adopt Resolution No. CC 2024-060, a Resolution of the City Council of the City of Palmdale approving the Salary and Benefits Policy.

SR Salary and Benefits Policy.docx

Reso. No. CC 2024-060 Salary and Benefits Policy.docx

Exh Salary and Benefits Policy.pdf

5.8 Adopt Resolution No. CC 2024-063, a Resolution of the City Council of the City of Palmdale approving the application for specified grant funds from the Budget Act of 2023, 19.561(B)(14), as clarified by Assembly Budget Committee Letter dated May 8, 2024: Improvements and Maintenance to any City Park in the City of Palmdale.

SR Reso No. CC 2024-063.docx

Reso. No. CC 2024-063.docx

5.9 Award Invitation for Bid and approve requisition with Hasa, Inc. for pool chemical supplies in an amount not to exceed $212,500 for Fiscal Year 2024-2025.

SR Req. No. 250001 with Hasa Inc.docx
City Council
Wednesday, June 26, 2024

Req. No. 250001 with Hasa, Inc.pdf

Atch 1
Bid Tabulation.pdf

5.10 Award Invitation for Bid and approve requisition with Morgan Ingland LLC for commercial streetlight poles in an amount not to exceed $227,487 Fiscal Year 2024-2025.

SR Req. No. 250002 with Morgan Ingland LLC.docx

Req. No. 250002 with Morgan Ingland LLC.pdf

Atch 1 Bid Tabulation.pdf

5.11 Award Invitation for Bid and approve Requisition with Walsma Oil Company, Inc. for Bulk Diesel and unleaded fuel in an amount not to exceed $650,000 for Fiscal Year 2024-2025.

SR Req. No. 250000 with Walsma Oil Company Inc.docx

Req. No. 250000 with Walsma Oil Company, Inc.pdf

Atch 1 Bid Tabulation.pdf

5.12 Approve Consultant Agreement with Transtech Engineers, Inc. for Acting City Engineer and Traffic Engineer staff augmentation support services in the amount of $222,300 for a term of nine months.

SR Agrmt No. A-8892 with Transtech Engineers Inc.docx

Agrmt No. A-8892 with Transtech Engineer, Inc.pdf

5.13 Adopt Resolutions initiating the Tuesday, November 5, 2024, City of Palmdale General Municipal Election: Adopt Resolution No. CC 2024-043, a Resolution of the City Council of the City of Palmdale, California, calling for the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain Officers as required by the provisions of the City of Palmdale Charter; Adopt Resolution No. CC 2024-044, a Resolution of the City Council of the City of Palmdale, California, requesting the Board of Supervisors of the County of Los Angeles to consolidate a General Municipal Election to be held on Tuesday, November 5, 2024, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Elections Code; and, Adopt Resolution No. CC 2024-045, a Resolution of the City Council of the City of Palmdale, California, adopting regulations for Candidates for Elective Office pertaining to Candidate Statements submitted to the voters at the General Municipal Election to be held on Tuesday, November 5, 2024.

SR Resolutions Initiating Nov 5 2024 Election.docx

Reso. No. CC 2024-043.docx

Reso No. CC 2024-044.docx

Reso. No. CC 2024-045.docx

5.14 Approve Agreement with Konica Minolta Business Solutions USA, Inc. for document imaging and indexing services for a not to exceed amount of $681,120 City Council
Wednesday, June 26, 2024
for a term of three (3) years with the option to extend for two additional terms of one (1) year each.

SR Agrmt No. A-8794 Konica Minolta Business Solutions U.S.A. Inc.docx

Agrmt No. A-8794 Konica Minolta Business Solutions U.S.A. Inc.pdf

5.15 Approve the minutes from the previous meeting.

Minutes 06 05 2024 CC SA PFA.pdf

6. JOINT CONSENT CALENDAR CC/SA/HA/IDA/PAA/PCA/PFA
All matters listed under the Joint Consent Calendar will be enacted by one motion unless an item(s) is pulled by Council/Authority, in which case the item(s) will be removed from the Joint Consent Calendar and will be considered separately following this portion of the Agenda
.

6.1 Adopt Joint Resolution of the City Council of the City of Palmdale No. CC 2024- 062, Successor Agency to the Community Redevelopment Agency of the City of Palmdale No. SA 2024-013, the Palmdale Civic Authority No. PCA 2024-002, the Housing Authority of the City of Palmdale No. HA 2024-005, the Industrial Development Authority No. IDA 2024-002, the Palmdale Airport Authority No.

PAA 2024-002, the Palmdale Financing Authority No. PFA 2024-004, collectively the Approving Legislative Bodies (ALB) authorizing the City Manager to bind insurance coverage annually for the approved legislative bodies.

SR Authorization to Bind Insurance Coverage.docx

Reso. No. CC 2024-062, SA 2024-013, PCA 2024-002,HA 2024-005, IDA 2024-002, PAA 2024-002, PFA 2024-004.docx

6.2 Approve the minutes from the previous meetings.

Minutes 04 03 2024 HA.pdf

Minutes 05 01 2024 HA.pdf

Minutes 05 15 2024 HA.pdf

7. JOINT PUBLIC HEARING ITEM CC/SA/HA/IDA/PAA/PCA/PFA

7.1 Adopt Joint Resolution of the City Council of the City of Palmdale No. CC 2024- 064, the Successor Agency to the Community Redevelopment Agency of the City of Palmdale No. SA 2024-012, the Palmdale Civic Authority No. PCA 2024-001, the Housing Authority of the City of Palmdale No. HA 2024-004, the Industrial Development Authority No. IDA 2024-001, the Palmdale Airport Authority of the City of Palmdale No. PAA 2024-001, and the Palmdale Financing Authority No.

PFA 2024-003 approving and adopting the City of Palmdale's Annual Budget for Fiscal Year 2024-25, and approving revenue and expenditure adjustments to Fiscal Year 2023-24; Adopt Resolution No. CC 2024-066, a Resolution of the City Council of the City of Palmdale amending the City's Classification and Pay Schedule for general positions; Adopt Resolution No. CC 2024-067, a Resolution City Council
Wednesday, June 26, 2024
of the City Council of the City of Palmdale amending the Classification and Pay Plan for bargaining unit positions; Adopt Resolution No. CC 2024-068, a Resolution of the City Council of the City of Palmdale amending the Classification and Pay Plan for Parks and Recreation Unbenefited positions; and, Adopt Resolution No. CC 2024-069, a Resolution of the City Council of the City of Palmdale amending the Classification and Pay Plan for Y-Rated positions.

SR FY 2025 Proposed Operating and Capital Budget.docx

Reso No. CC 2024-0064, SA 2024-012, PCA 2024-001, HA 2024-004, IDA 2024- 001, PAA 2024-001, PFA 2024-003.docx

Atch FY 2025 Budget at a Glance.pdf

Atch FY 2025 Proposed Operating and Capital Budget.pdf

Reso No. CC 2024-066 General Classification and Pay Plan.docx

Exh 1 General Classification and Pay Plan July 1, 2024.pdf

Exh 2 General Salary Schedule July 1, 2024.pdf

Reso No. CC 2024-067 BU Classification and Pay Plan.docx

Exh 1 BU Classification and Pay Plan July 1, 2024.pdf

Exh 2 BU Salary Schedule July 1, 2024.pdf

Reso No. CC 2024-068 Parks and Recreation Unbenefited Classification and Pay Plan.docx

Exh 1 Parks and Recreation PT Classification and Pay Plan July 1, 2024.pdf

Exh 2 Parks and Recreation PT Salary Schedule July 1, 2024.pdf

Reso No. CC 2024-069 Y-Rated Classification and Pay Plan.docx

Exh 1 Y-Rate Classification and Pay Schedule July 1, 2024.pdf

Exh 2 Y-Rate Salary Schedule July 1, 2024.pdf

8. PUBLIC HEARING

8.1 Adopt Resolution No. CC 2024-059, a Resolution of the City Council of the City of Palmdale restating in its entirety the City of Palmdale Master Schedule of Fees and repealing all prior enactments inconsistent with this Resolution.

SR FY 2024-25 Master Schedule of Fees and Penalties.docx

Reso. No. CC 2024-059 Master Schedule of Fees and Penalties.docx

FY 2024-25 Proposed Master Schedule of Fees and Penalties.pdf

8.2 Introduce and Adopt Ordinance No. 1643, an Ordinance of the City Council of the City of Palmdale, approving General Plan Amendment 24-0002, Zone Change 24- 0002, and Comprehensive Development Plan 24-0003 finding that the project is consistent with Program Environmental Impact Report 22-002 prepared and certified in conjunction with the City’s General Plan (Palmdale 2045) and direct staff to make necessary modifications to the Palmdale Transit Area Specific Plan.

SR Ord. No. 1643.docx

Ord. No. 1643.docx

Exh A Ord. No. 1643.docx

9. CITY MANAGER’S REPORT

City Council
Wednesday, June 26, 2024

10. COUNCIL REPORTS, ANNOUNCEMENTS AND REQUESTS FOR FUTURE AGENDA ITEMS

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.

12. PRESENTATION BY CITY ATTORNEY

12.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION

Title: City Attorney
Name: William P. Curley, III

This closed session is being held pursuant to the authority of California Government Code Section 54957.

13. ANNOUNCEMENT BY CITY ATTORNEY

14. ADJOURN
meeting to July 10, 2024, at 5:00 p.m. in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.

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 48 hours prior to the meeting.

If you require oral translation, please contact the City Clerk’s Office at (661) 267-5151 at least 48 hours prior to the meeting.

City Council
Wednesday, June 26, 2024
City Council Staff Report
DATE: JUNE 26, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: OPERATIONS DEPARTMENT

FINANCE DIVISION
DISTRICT: ALL
SUBJECT: APPROVE PROJECT AUTHORIZATION A UNDER MASTER

SERVICES AGREEMENT WITH NBS GOVERNMENT FINANCE

GROUP TO PROVIDE ASSESSMENT DISTRICT AND COMMUNITY

FACILITY ADMINISTRATION, OTHER RELATED CONSULTING

SERVICES, AND CONTINUING DISCLOSURE SERVICES IN AN
AMOUNT NOT TO EXCEED $ 1,160,000 FOR A TERM OF FIVE (5) YEARS

RECOMMENDATION
Staff recommends that the City Council:

1. Approve Project Authorization A under Master Services Agreement No. A -8883 with NBS Government Finance Group to provide Assessment District and Community Facility District administration, other related consulting services, and continuing disclosure services in an amount not to exceed $ 1,160,000 for a term of five (5) years; and,

2. Authorize the City Manager or her designee to execute Project Authorization A under Master Services Agreement No. A-8883 with NBS Government Finance Group, including minimal and/or non-substantial changes.

BACKGROUND
NBS has assisted the City with managing and reporting on behalf of its Special Financing District s. The City’s Special Financing Districts include one Assessment District and seven Community Facilities Districts that require continuous management and reporting. Services include, but are not limited to, notice of special tax disclosures, debt disclosures, delinquency monitoring, reminder and demand letters, data collection, policy review, cost recovery, cash flow analysis, fund analysis, levy submittal, tax roll removal and notice, foreclosure proceedings, resubmission of rejects, maintaining parcel chang e data, annual reports, prepayment and recalculation of amortization Report to Mayor and City Council
Re: Approve Project Authorization A with NBS Government Finance Group June 26, 2024

Page 2 ends

schedules, bond calls, bond tenders, release of liens, notice of special assessment, California Debt and Investment Advisory Commission reporting, and county assessor reporting.

In addition to the administration services for Assessment District and Community Facilities Districts, NBS provides the continuing disclosure services required by Federal regulations for debts issued by the City of Palmdale and Successor Agency of the City of Palmdale.

DISCUSSION
The existing agreement with NBS Government Finance Group will expire June 30, 2024.

To ensure the City remains compliant with District reporting, continuing disclosures, delinquency management, and general administration, staff recommend that the City Council approve Project Authorization A under the NBS Master Services Agreement.

FISCAL IMPACT
$1,160,000; the fiscal impact for the full term of five (5) years is $1,160,000. Funds for Fiscal Year 2024-25 are proposed for appropriation through the annual operating budget.

Funding for future years will be proposed through the annual budget process for each subsequent year.

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

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

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

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

ATTACHMENTS
Agrmt No. A-8883-A with NBS Government Finance Group
Agrmt No. A-8883 Master Services Agreement with NBS Government Finance Group AGREEMENT NO. A-8883

CONTRACT FOR SERVICES

BETWEEN THE CITY OF PALMDALE AND NBS GOVERNMENT FINANCE GROUP

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 NBS GOVERNMENT FINANCE GROUP, a CONTRACTOR , (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 CITY 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:

The following services, including but not limited to:
-Assessment District and Community Facilites District Administration -Review of Policy
-Data Collection
-Fund Analysis
-Public Hearings
-Cost Recovery
-Scheduling
-Fiscal Goals
-Annual Reporting(s)
-Administrative Services
-Bond Formation Services
-Elections and Vote Tabulation
-CFD Bond Issuance
-Non-Bonded CFD Formation Services
1-12Concord - Document ID: 02wl4JiUQPtCfixnESfsYS
This agreement will serve as the master agreement for multiple Project Authorization Agreement (PAAs). The scope of work and related fees will be detailed individually within each Project Authorization Agreement.

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.

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

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

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

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

CONTRACTOR’s Team and Key Personnel are as follows:

TBD, DEPENDENT ON THE PROJECT.

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. 2-12Concord - Document ID: 02wl4JiUQPtCfixnESfsYS
CONTRACTOR shall not deviate nor substitute any of these team members without prior written approval by CITY.

3.2 Subcontractors. During the performance of the Agreement, CONTRACTOR may engage such additional SUBCONTRACTORS as may be required for the timely completion of this Agreement. In the event of subcontracting, the sole responsibility for fulfillment of all terms and conditions of this Agreement rests with CONTRACTOR.

CONTRACTOR shall not enter into any Subcontract under this Contract for the performance of this Contract without the advance written approval of CITY. The subcontract shall incorporate by reference the terms and conditions of this Contract.

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

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

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

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

The term of this Contract is FIVE (5) YEARS, commencing on the effective date.

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

5.1 Records. The CONTRACTOR shall retain and shall contractually require each SUBCONTRACTOR to retain all data and other “records” relating to the acquisition and performance of the Contract for a period of five years after the completion of the Contract.
3-12Concord - Document ID: 02wl4JiUQPtCfixnESfsYS

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 ZERO dollars ($0) 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:

Each PAA will have a specific fee schedule attached that applies to the specific scope of work for the individual PAA.

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

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

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

7.1 CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRACTOR in accordance with state and local laws. 4-12Concord - Document ID: 02wl4JiUQPtCfixnESfsYS

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 5-12Concord - Document ID: 02wl4JiUQPtCfixnESfsYS
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 City Attorney.

10.1.1 Workers’ Compensation and Employer’s Liability
 Workers’ Compensation -- coverage as required by the State of California  Employer’s Liability
$1,000,000 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

10.1.4 Professional Liability (Errors & Omissions) Insurance*  $1,000,000 limit on a per occurrence basis

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

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

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

Such insurance shall be primary insurance, as respects the interest of the City, and any other insurance maintained by the City shall be considered excess coverage and not contributing insurance with the insurance required hereunder. The certificates shall state: “The City of Palmdale, Successor 6-12Concord - Document ID: 02wl4JiUQPtCfixnESfsYS
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 CITY certificates of insurance and endorsements to all required policies demonstrating that CONTRACTOR has the required coverage and showing the required named insured. Within five (5) days of written request from CITY, CONTRACTOR shall deliver to CITY full and complete copies of all insurance policies required by this Contract.

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

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

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

10.8 Acceptable Proof of Insurance:

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

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

10.8.3 *When professional (E&O) liability coverage is provided on a “claims made basis”, CONSULTANT 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 CONSULTANT, or its officers, employees, or agents during the time this Agreement was in effect.

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

10.10 CONTRACTOR shall require any and all subcontractors working on its behalf to provide insurance coverages and limits that are based on the scope of work and nature of risk being performed by the subcontractor. Any and all subcontractors 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 8-12Concord - Document ID: 02wl4JiUQPtCfixnESfsYS
the value of the services provided and work performed as of the date of termination, taking into consideration the costs associated with hiring another CONTRACTOR to complete the services. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete documents when such are delivered to CITY, and to authorized reimbursement expenses. The above is in addition to any other remedies available by law or equity to CITY.

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.
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16 NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

16.1 In performance of this Contract, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of sex, color, race, religion, ancestry, national origin, disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sexual orientation, age, gender, gender identity, 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 10-12Concord - Document ID: 02wl4JiUQPtCfixnESfsYS
create a conflict of interest in the performance of its obligations pursuant to this Contract or which would cause CONTRACTOR to be “financial interested” (as provided in California Government Code Section 1090 et seq. or 87100 et seq.) in any contract or decision made by CITY on any matter.

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

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.

19.3 If applicable, CONTRACTOR acknowledges and understands it must comply with the prevailing wage requirements as set forth in Exhibit “A” attached hereto and incorporated herein by reference, as well as the execution of a Worker’s Compensation Certificate attached hereto as Exhibit “B” and incorporated herein by reference.

20 NOTICES
Any notice required under this Contract shall be in writing, addressed to the appropriate party at its address on the signature page and given personally or by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt.
21 ENTIRE AGREEMENT AND AMENDMENTS

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

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

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

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

CITY OF PALMDALE: NBS GOVERNMENT FINANCE GROUP:

RONDA PEREZ

CITY MANAGER

MIKE RENTNER

PRESIDENT AND CEO

ADDRESS FOR NOTICE:

CITY OF PALMDALE
38250 Sierra Highway
Palmdale, CA 93550

ADDRESS FOR NOTICE:

NBS GOVERNMENT FINANCE GROUP
32605 TEMECULA PARKWAY, 100
TEMECULA, CA 92592
APPROVE AS TO FORM:

William P. Curley, III
City Attorney

ATTEST:

Roxanne Faber
City Clerk

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

■Certificate(s) and Endorsement(s) attached
■Confirmed business name on contract with certificate(s) ■Attached Agreement Checklist and met all requirements
12-12Concord - Document ID: 02wl4JiUQPtCfixnESfsYS
Record of Signing
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DocumentID: 02wl4JiUQPtCfixnESfsYS
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Signing date: 6/5/2024
IP Address: 206.171.111.149
Email: [email protected]
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Signed on 2024-06-05 22:55:19 GMT
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IP Address: 184.167.188.44
Email: [email protected]

AGREEMENT NO. A-8883-A

AUTHORIZATION AGREEMENT

WITH NBS GOVERNMENT FINANCE GROUP
PURSUANT TO ONGOING CONTRACT NO. A-8883

This AGREEMENT is made and entered into by and between the City of Palmdale, a municipal corporation (hereinafter referred to as “CITY”) and NBS GOVERNMENT FINANCE GROUP (hereinafter referred to as “CONTRACTOR/CONSULTANT”) and is an Authorization Agreement entered into pursuant to Ongoing Contract No. A-8883 . This Contract shall become effective on the date of the last signatory.

WHEREAS, the term of Ongoing Contract No. A-8883 between the CITY and CONTRACTOR/CONSULTANT is from full execution of this agreement by the City to 06/30/2029.

CITY and CONTRACTOR/CONSULTANT, in consideration of the mutual covenants herein set forth, agree as follows:

ARTICLE 1. DESCRIPTION OF WORK

The scope of work for this project consists of the following work:
1915 Act Assessment District Administration

KICK-OFF MEETING, PROJECT SCHEDULE
NBS will meet with City staff, legal counsel and other interested parties to:
•Establish lines of communication.
•Clarify the specific project goals and criteria that will meet the City’s preference. •Identify and resolve any special circumstances that may be involved in the administration of the districts.
•Develop project schedules to meet legal requirements and provide for effective interaction of all involved parties.
•Establish meeting dates consistent with schedule to achieve project milestones.

DATA COLLECTION
NBS will gather and review data relevant to the administration of the Assessment District. Data will be obtained from various sources, including City records, Assessor’s parcel maps, and County Assessor information. NBS will maintain and periodically update a database of all parcels within the district along with relevant parcel information.

POLICY REVIEW
NBS will review policies and procedures that have been established by the City for compliance with the governing documents and law. These policies will be incorporated into our service to the City.

COST RECOVERY
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NBS will assist the City in identifying all costs associated with the administration of the Assessment District and recover those costs through the levy process as outlined in §8682 and §8682.1 of the California Streets and Highways Code. These costs may include, but not be limited to Registrar/Transfer/Paying Agent fees, Arbitrage Rebate calculation fees, bank fees, and expenses of the City and its consultants related to the administration of the district.

FUND ANALYSIS
NBS will determine the balance requirements and acquire the current cash balances for the district. We will make recommendations to ensure that the flow of funds and fund balances are in compliance with bond documents. Cash flow analysis will also be performed to determine any levy shortfall or surplus.

LEVY SUBMITTAL
NBS will submit the levy to the County Auditor-Controller in the required format.

Assessments rejected by the County Auditor-Controller will be researched and resubmitted for collection on the County Tax Roll. Any parcels that are not accepted by the County for collection will be invoiced with payment to be directed to the City.

MAINTAIN DISTRICT DATA
NBS will annually track all parcel changes to ensure that all changes are documented. Historical parcel change and assessment apportionment data will be maintained by NBS.

ANNUAL REPORT
NBS will provide a comprehensive Annual Report that will show a detailed listing of the amounts submitted to the County or directly billed for collection, details of delinquent assessments, fund analysis, paid off parcels, all bond call activity, and assessed valuation information.

DELINQUENCY MONITORING
NBS will provide a comprehensive list of delinquencies after each installment becomes due. The delinquency report will provide the district’s overall delinquency percentage as well as a detailed list of each delinquent parcel, with the name and address of the delinquent parcel owner, the delinquent amount, and penalties.

PREPAYMENT CALCULATION/AMORTIZATION SCHEDULE
NBS will provide assessment prepayment calculations and amortization schedules to interested parties. The requester will pay the cost of this service; however, there will be no charge to the City or property owners.

BOND CALLS
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NBS will prepare the spread of principal to be called within maturities for all bond calls and coordinate the call with the Paying Agent/Trustee.

RELEASE OF LIENS
NBS will prepare all documents required to release the liens of parcels that have prepaid the assessment.

NOTICE OF SPECIAL ASSESSMENT
NBS will provide a "Notice of Special Assessment" disclosure notice to requesting parties as required by §53754 of the Government Code of the State of California. The fee of any Notice of Special Assessment shall be paid by the party requesting the disclosure notice.

CONSULTING SUPPORT
NBS will provide a toll-free phone number for use by the City, other interested parties and all property owners. Our staff will be available to answer questions regarding the formation and ongoing collection of assessments for the district. Bilingual staff is available for Spanish-speaking property owners.

COUNTY ASSESSOR REPORTING
NBS will work with the County Assessor to aid in complying with the requirements of Revenue & Taxation Code 163. This includes providing data such as parcel number, original assessment and current principal balance to the County Assessor.

Community Facilities District Administration (Bonded)

DATA COLLECTION
NBS will gather and review data pertinent to the administration of the Community Facilities District. Data will be obtained from various sources such as Assessor’s parcel maps, building permits and County Assessor information as determined to be necessary based on the requirements of the Rate and Method of Apportionment.

NBS will maintain and periodically update a database of all parcels within the district along with relevant parcel information.

ADMINISTRATIVE COST RECOVERY
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NBS will identify all costs associated with the administration of the Community Facilities District and recover those costs through the levy process as outlined in §53317(e) and §53340 of the Government Code of the State of California. Such costs may include, but are not to be limited to: Bank fees, legal fees, county tax collection fees, and all costs and expenses of the City Council and its consultants related to district administration.

CASH FLOW ANALYSIS
NBS will determine the cash flow requirement, acquire current fund balances and make recommendations to keep the flow of funds and fund balances in compliance with the bond documents. Fund transfers might include the transfer of available surplus funds to be used as levy credits or the transfer of reserve funds to the redemption fund upon the prepayment of special taxes. Cash flow analysis will also be performed to determine any levy shortfall or surplus collections.

SPECIAL TAX REQUIREMENT
NBS will calculate the annual Special Tax Requirement that will include all necessary components as outlined in the Rate and Method of Apportionment, such as principal and interest due, administrative expenses, collection for direct financing of services or facilities, and a fund credit or replenishment as determined from analysis of the district funds.

LEVY CALCULATION
NBS will calculate the annual special tax levy for each parcel within the Community Facilities District following the guidelines established in the Rate and Method of Apportionment.

MEETING ATTENDANCE
NBS will attend up to two (2) City Council meetings related to district administration, as requested by the City. NBS will attend additional meetings as requested by the City subject to additional expenses for time and travel.

LEVY SUBMITTAL
NBS will submit the levy to the County Auditor-Controller in the required format.

Special Taxes rejected by the County Auditor-Controller will be researched and resubmitted for collection on the County Tax Roll. Any parcels that are not submitted by the County for collection will be invoiced with payment to be directed to the City.

MAINTAIN DISTRICT DATA
NBS will annually track all parcel changes to ensure that all changes are documented. Historical parcel change data will be maintained by NBS.

SPECIAL TAX LEVY REPORT
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NBS will provide an annual Special Tax Levy Report. This report will include a parcel listing with levy amounts and other parcel information, the details of the annual Special Tax Requirement, current delinquency information, fund analysis, administrative expenses to be recovered, and status of the project and current issues affecting the district.

PREPAYMENT CALCULATIONS
NBS will provide special tax prepayment calculations to interested parties. The party requesting the calculation shall pay the fee of any prepayment calculation.

BOND CALLS
NBS will prepare the spread of principal to be called within maturities for all bond calls and coordinate the call with the Paying Agent/Trustee.

RELEASE OF LIENS
NBS will prepare all documents required to release the liens of parcels that have prepaid the special tax.

CDIAC REPORTING
NBS will perform the necessary reporting to the California Debt and Investment Advisory Commission as required by of the Government Code of the State of California.

For each of the following reporting requirements, NBS will review all pertinent documents and obtain the information needed to:
•Prepare and file the report online as required by GC §53359.5(b) and §53359.5(c) by the October 30th annual deadline.
•Prepare and file the report online as required by GC §8855(k) by the January 31st annual deadline. This report is subject to additional fees per bond issue based on the requirements.

ADDITIONAL REPORTING
NBS will be a resource to the City by staying current and identifying any new legislation and reporting requirements as they relate to the CFD.

For each of the following reporting requirements, NBS will review all pertinent documents and obtain the information needed to:
•Prepare the required reporting to the California State Controller’s Office California Government Code, Section 12463.2, enacted as part of AB 2109. Provide to City staff 5-16Concord - Document ID: 02wkkNhxKEkjiUkQRQDri4
for inclusion in the annual financial transaction report. •Assist in the filing of the SB 165 report to the City Council each year to comply with legislation that enforces additional reporting requirements. California Government Code, Sections 50075.3 or 53411.
•Prepare other reports as required by any State and/or Federal disclosure reporting requirements pertaining to each CFD, as applicable, amended, or newly enacted and required. This may be subject to additional fee.

NOTICE OF SPECIAL TAX DISCLOSURE
NBS will provide Notice of Special Tax Disclosure notices to requesting parties as required by §53340.2 and §53341.5 of the Government Code of the State of California. The fee of any Notice of Special Tax shall be billed to the requesting party.

CONSULTING SUPPORT
NBS will provide a toll-free phone number for use by the City, other interested parties and property owners. Our staff will be available to answer questions regarding the CFD and ongoing collection of the special tax. Bilingual staff is available for Spanish- speaking property owners.

Community Facilities District Administration (Non-Bonded)

DATA COLLECTION
NBS will gather and review data pertinent to the administration of the Community Facilities District (CFD). Data will be obtained from various sources such as assessor’s parcel maps, building permits and county assessor information as determined to be necessary based on the requirements of the Rate and Method of Apportionment. NBS will maintain and periodically update a database of all parcels within the CFD and relevant parcel information.

ADMINISTRATIVE COST RECOVERY
NBS will assist the City in identifying all costs associated with the administration of the CFD and recover those costs through the levy process as outlined in §53317(e) and §53340 of the Government Code of the State of California. Such costs may include, but are not to be limited to: bank fees, legal fees, county tax collection fees, and costs and expenses of the City and its consultants related to administration of the CFD.

SPECIAL TAX REQUIREMENT
NBS will calculate the annual Special Tax Requirement that will include all necessary components as outlined in the Rate and Method of Apportionment, such as funds necessary for authorized services and maintenance, administrative expenses, collection costs for direct financing of services or facilities, and credits as determined from the analysis of the CFD funds.

LEVY CALCULATION
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NBS will calculate the annual special tax levy for each parcel within the CFD following the guidelines established in the Rate and Method of Apportionment.

MEETING ATTENDANCE
NBS will attend CFD-related City Council meetings as requested by the City.

LEVY SUBMITTAL
NBS will submit the levy to the County Auditor-Controller in the required format by the County’s deadline. Special Taxes rejected by the County Auditor-Controller will be researched and resubmitted for collection on the County Tax Roll. Any parcels that are not accepted by the County for collection will be invoiced directly to the parcel owner, with payment to be directed to the City.

SPECIAL TAX LEVY REPORT
NBS will provide an annual Special Tax Levy Report. This report will include a parcel listing with levy amounts and other parcel information, the details of the annual Special Tax Requirement, fund analysis, administrative expenses to be recovered, and status of the project and current issues affecting the CFD.

ADDITIONAL REPORTING
NBS will be a resource to the City by staying current and identifying any new legislation and reporting requirements as they relate to the CFD.

For each of the following reporting requirements, NBS will review all pertinent documents and obtain the information needed to:
•Prepare the required reporting to the California State Controller’s Office California Government Code, Section 12463.2, enacted as part of AB 2109. Provide to City staff for inclusion in the annual financial transaction report. •Assist in the filing of the SB 165 report to the City Council each year to comply with legislation that enforces additional reporting requirements. California Government Code, Sections 50075.3 or 53411.
•Prepare other reports as required by any State and/or Federal disclosure reporting requirements pertaining to each CFD, as applicable, amended, or newly enacted and required. This may be subject to additional fee.

CONSULTING SUPPORT
NBS will provide a toll-free phone number for use by the City, other interested parties and property owners. Our staff will be available to answer questions regarding the 7-16Concord - Document ID: 02wkkNhxKEkjiUkQRQDri4
CFD and ongoing collection of the special tax. Bilingual staff is available for Spanish- speaking property owners.

Enhanced Administration Support

COMMUNICATION
•NBS will attend any bond holder meetings or other meeting for which NBS presence is requested.
•NBS will coordinate with bond counsel and foreclosure attorneys on agenda items as needed.

DELINQUENCY MANAGEMENT
•NBS will provide the foreclosure attorney a filtered Delinquency Detail report showing only the parcels that are in foreclosure. NBS will update any foreclosure spreadsheets as needed, provide payoff calculations, check foreclosure fees, and provide information as needed for ultimate loss and litigation cases. •NBS will manage correspondence received by the City related to delinquency management. NBS will also coordinate with the foreclosure attorney on workouts, delinquency questions, payment plans with the foreclosure attorney or City, and Los Angeles County Tax Sales, and will obtain and/or calculate waivers, tenders’ fees, legal fees, and admin fees related to delinquent assessments.

DOCUMENT REVIEW
•NBS will review figures and information on declarations, legal documents, and district documents, including those from the foreclosure attorney.

REPORTING
•NBS will answer questions or provide information to the auditors as requested by the City.
•NBS will handle statistical requests received by various requesting agencies such as California Municipal Statistics.
•NBS will provide debt service information needed to complete the state controllers report.
•NBS will provide the narratives and footnotes for the budget and ACFR. NBS will also provide the information related to the assessment districts for the District Financial Reports.

COST RECOVERY
•NBS is available to keep track of the invoices received by the City so these costs are recovered via the following years levy. The City will continue to pay invoices received; however, the City will send a copy of all invoices to NBS. The City will provide salary information and time spent per City Personnel involved in the administration of these Districts. NBS will compile a spreadsheet aggregating the invoices and personnel time on a per District basis so the full amounts are recovered via the levy.

BOND TENDERS
•NBS will calculate the value of the bonds and the amounts that must be paid in cash as part of our already established Bond Tender Fee.
•NBS will have two people verify bond tender calculations (one person will perform the calculation and verify, another person will verify calculations). There will be no 8-16Concord - Document ID: 02wkkNhxKEkjiUkQRQDri4
additional fee above and beyond our already established Bond Tender Fee. •NBS will track and provide a summary of the bonds that have been tendered and track tender credit surpluses.

Continuing Disclosure
In accordance with the Continuing Disclosure Certificate of the Bonds, NBS will support with the annual disclosure filing requirements of the SEC Continuing Disclosure Rule 15c2-12. Specifically, NBS will perform the following:

DOCUMENT REVIEW
NBS will review pertinent documents of the Bonds, including the Official Statement and Continuing Disclosure Certificate. We will identify material such as the Comprehensive Annual Financial Report and/or other operating data that the City has agreed to provide in the Continuing Disclosure Certificate.

DATA COLLECTION
NBS will collect the bond issue-specific financial information and operating data that the City has agreed to provide in the Continuing Disclosure Certificate.

REPORT PREPARATION
NBS will prepare the Annual Disclosure Report as required in the Disclosure Certificate.

ANNUAL DISSEMINATION
NBS will disseminate the Annual Disclosure Report including City Financials to the Electronic Municipal Market Access system, or EMMA, to other required parties.

SIGNIFICANT EVENTS
NBS will prepare and disseminate a “Notice of Significant Events”, as listed on the Continuing Disclosure Certificate, to EMMA, as required in the certificate. Action will commence upon notification by the City of the occurrence of any of the events.

CITY’S CONTINUING DISCLOSURE RESPONSIBILITIES:

The City shall:
•Furnish NBS with any pertinent information that is available to the City and applicable to the services.
•Designate a person to act with authority on its behalf in respect to the services. •Notify NBS of the occurrence of any events listed in the Continuing Disclosure Certificate.
•Promptly respond to NBS’ requests for reviews and approvals of its work, and to its requests for decisions related to the services.
•Understand and agree that NBS is entitled to rely on all information, data and documents (collectively, “Information”) supplied to NBS by the City or any of its 9-16Concord - Document ID: 02wkkNhxKEkjiUkQRQDri4
agents, contractors or proxies or obtained by NBS from other usual and customary sources including other government sources or proxies as being accurate and correct and NBS will have no obligation to confirm that such Information is correct and that NBS will have no liability to City or any third party if such Information is not correct.

D-FAST Online Software
D-FAST® is an optional service enhancement for the City’s experience that allows direct access to the relevant data. This option is not part of the base Annual Administration services and fees.

NBS developed D-FAST®, an acronym for District Fees, Assessments, and Special Taxes, which has become the industry-leading software. We use this powerful administrative tool in-house to administer a wide range of special taxes, special assessments, and other parcel charges for our clients. It is also licensed to public agencies across the United States for their internal use. D-FAST® is an optional service enhancement for the District’s experience to access the data; however, this selection is completely optional and is not conditional to perform the Annual Administration services.

Our D-FAST® web portal, called D-FAST® Online Pro, is available to our clients (small annual subscription fee) and uniquely combines real-time D-FAST data with County parcel boundaries and Google Maps. It provides “real-time” access to districts and underlying parcel data, allowing the City to:
•Gain enhanced insight with integrated Google Map’s satellite imagery, street maps, and 360° street view
•View ownership, property information, and boundaries for each parcel •See detailed billing & payment history for each account •Understand a particular parcel’s background and status •Confirm if there are overlapping districts on a single parcel With D-FAST® Online Pro, City staff have enhanced access to the data while NBS still provides the full administration and toll-free phone support.

Delinquency Management
NBS will develop a comprehensive delinquency management program which includes a discussion and interpretation of the issuer’s foreclosure covenant together with a review of the existing policies and procedures of the City. This service can be provided as part of overall annual administration or as a stand-alone service. When deemed as the appropriate course of action, NBS will perform the following.

DELINQUENCY REPORTS
NBS will provide the City with an updated list of delinquencies prior to sending any of the below letters. This report will also detail each district’s percentage of delinquencies, as well as a detailed list of each delinquent parcel.

REMINDER LETTER
At the City’s direction, send a reminder letter to the property owner of each delinquent parcel for the December 10th installment. The purpose of the letter is to inform and 10-16Concord - Document ID: 02wkkNhxKEkjiUkQRQDri4
educate the property owner of their obligation to pay the delinquent special tax and/or assessment.

DEMAND LETTER
At the City’s direction, send a demand letter to the property owner of each delinquent parcel for the April 10th installment. This letter will be mailed to any property owner who remains delinquent for both installments or who is delinquent for April 10th only.

The purpose of this letter is to further educate the property owner and advise them of a potential foreclosure.

FORECLOSURE LETTER
This type of letter is typically sent after the installments for a parcel have been removed from the tax roll. The letter delineates what amount must be paid directly to the City to forestall the turnover of collection to foreclosure counsel.

TAX ROLL REMOVAL AND NOTICE
NBS will provide the information required to remove delinquencies from the tax roll and coordinate with the County Auditor Controller to verify the removal. This step is in preparation of turning the delinquencies over to foreclosure counsel. Once removed from the tax roll, each property owner will receive one final foreclosure letter indicating the amount due and payment instructions. NBS will file the Notice of Intent to Remove Delinquent Installments and remove such Notice upon payment of the delinquency.

PAYMENT PLANS
At the City’s discretion, NBS will offer payment plans to property owners in lieu of turning delinquencies over to the City‘s foreclosure counsel.

SUBSEQUENT FORECLOSURE SERVICES
NBS will prepare and deliver all information to the City’s foreclosure counsel. We will also continue to supply the City’s counsel with additional information throughout the foreclosure process. We will continue to respond to property owner and City staff phone calls regarding the status of all cases, and will coordinate and audit status reports on a bi-monthly basis from the City’s foreclosure counsel.

Bilingual staff is available for Spanish-speaking property owners.

Apportionments
Parts 10 and 10.5 of the Streets and Highways Code detail the methodology and 11-16Concord - Document ID: 02wkkNhxKEkjiUkQRQDri4
procedure that the City must follow in apportioning the assessment lien on parcels that are reconfigured and/or subdivided. With our experience in district formation and the development of methods of assessment, we are able to ensure that apportionments are properly performed.

Assuming proceeding under the preferred procedure of Part 10.5, NBS will perform the following:

APPLICATION FORMS
NBS will provide apportionment application forms and instructions to the City’s Engineering representative for inclusion as a condition of approval for subdivision within an assessment district.

SEGREGATION
NBS will apportion the special assessment according to the method of spread as described in the engineer’s report.

NOTICE OF APPORTIONMENT
NBS will prepare a notice of apportionment and send it via certified mail to the issuing underwriter, as required.

ASSESSMENT DIAGRAM
NBS will prepare an amended assessment diagram and notice. The diagram and notice will be filed and recorded with the County Recorder.

AMORTIZATION SCHEDULE
NBS will prepare an amortization schedule for each newly created assessment type.

APPORTIONMENT REPORT
NBS will prepare and submit to the City an Apportionment Report showing the finalized apportionment and the amended assessment diagram.

In the event proceedings are undertaken under Part 10, the following additional items are required:

RESOLUTIONS
NBS will prepare the required resolutions to order the amended assessment, the amended assessment diagram, notices to the property owner, and fix the amount of costs to perform the apportionment.

PUBLIC MEETINGS
NBS will be available to attend any public meetings required to complete the apportionment.
12-16Concord - Document ID: 02wkkNhxKEkjiUkQRQDri4
Arbitrage Rebate
To assist in compliance with the IRS Code and U.S. Treasury Regulations, NBS will provide the following services, at the fees quoted, through the firm of Bond Logistix, LLC ("BLX"), the premier firm for the provision of these services. The following outlines the specific services provided relating to arbitrage rebate calculation and consulting services.

DOCUMENT REVIEW
Pertinent documents of the issue will be reviewed including the Official Statement, Trust Indenture, Tax Certificate, and IRS form 8038-G to determine whether the issue is subject to the rebate requirement and identify what general and/or elective exceptions are available to the issue.

DATA COLLECTION
Collect third-party data and other statistical, financial, and cash flow information required for the reports.

BOND YIELD
Sources and uses of all proceeds will be identified to determine how the rebate requirement applies to each fund. Produce a debt service schedule for the issue and calculate and/or verify the bond yield.

EXCESS EARNINGS CALCULATION
Trust statements and/or City accounting records will be utilized to create a cash flow report for each fund. These reports will be used to identify all investment activity and interest earnings attributable to the funds. Calculate the arbitrage earnings on investment of funds subject to rebate and determine the issuer’s net rebate and/or penalty liability.

INVESTMENT YIELD CALCULATION
The investment yield will be calculated for each fund as a “reality check” to reaffirm the accuracy of the cash flow report. This measure not only ensures the accuracy of the report but also is a useful tool when analyzing investment opportunities.

SUMMARY REPORT
A report will be prepared that summarizes the rebate liability of the issue, identifies the methodology employed, computational assumptions, conclusions, and any recommended changes in record keeping and investment policies. Analyze all transactions and explore every legally permissible avenue to minimize the rebate liability. Identify outstanding proceeds subject to the rebate requirement, and identify the instruments and yields of the investment vehicles utilized by each fund. 13-16Concord - Document ID: 02wkkNhxKEkjiUkQRQDri4

FILING REQUIREMENT
NBS will coordinate the preparation and filing of the IRS form 8038-T with the payment as required.

REVIEW
NBS will review the rebate report with City staff and discuss the policies and procedures as they relate to the rebate requirement to ensure compliance with treasury regulations. The review will also be used to determine the necessity of any future calculations.

LEGAL COUNSEL
Engage, upon request and at additional cost, the services of a tax counsel; whereupon, an independent legal opinion shall be rendered. All BLX reports include a legal opinion from Orrick at no additional charge.

ARBITRAGE COMPLIANCE
Keep abreast of enforcement actions and changes to the code/regulations that affect arbitrage compliance requirements. Assist, upon request and at additional cost, the City in the event of a rebate calculation audit. Consult, upon request and at additional cost, with respect to the structuring of new bond issues and other matters that will affect any eventual arbitrage liability.

City’s Responsibilities
The City shall furnish NBS with any pertinent information that is available to City and applicable to the Services. The City shall designate a person to act with authority on its behalf in respect to the Services. The City shall promptly respond to NBS’ requests for reviews and approvals of its work, and to its requests for decisions related to the Services. City understands and agrees that NBS is entitled to rely on all information, data and documents (collectively, “Information”) supplied to NBS by City or any of its agents, contractors or proxies or obtained by NBS from other usual and customary sources including other government sources or proxies as being accurate and correct and NBS will have no obligation to confirm that such Information is correct and that NBS will have no liability to City or any third party if such Information is not correct.

The CONTRACTOR/CONSULTANT shall not accept any change of scope, or change in contract provisions, unless issued in writing, as a Change Order, or amendment to this Agreement and signed by CITY.

ARTICLE 2. PROJECT STAFF

CONTRACTOR/CONSULTANT shall use only those employees, and sub consultants listed below:

SARA MARES, KRISTEN HARVEY

14-16Concord - Document ID: 02wkkNhxKEkjiUkQRQDri4
ARTICLE 3. CONTRACT PRICE

CITY shall pay CONTRACTOR/CONSULTANT for completion of the Work in accordance with the Contract Documents a fee not to exceed $1,160,000 Dollars ($ONE MILLION, ONE HUNDRED AND SIXTY THOUSAND DOLLARS) determined and payable as set forth in Ongoing Contract No. A-8883 at the following Fee Schedule:

PLEASE SEE EXH B. FOR PRICING SCHEDULE.

No payment made hereunder by CITY to CONTRACTOR/CONSULTANT, shall be construed as an acceptance by CITY of any work or materials, nor as evidence of satisfactory performance by CONTRACTOR/CONSULTANT of its obligations under this Contract.

ARTICLE 4. CONTRACT TIME

CONTRACTOR/CONSULTANT agrees to complete all work within the agreed upon time frame of (5) YEARS from the date this Agreement is executed by CITY.

This Agreement is the Notice to Proceed.

15-16Concord - Document ID: 02wkkNhxKEkjiUkQRQDri4
ARTICLE 5. GENERAL

This Authorization Agreement is entered into pursuant to Ongoing Contract No. 8883 and the terms and conditions contained therein are incorporated herein by reference as if set forth in full.

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 NBS GOVERNMENT FINANCE GROUP

RONDA PEREZ

CITY MANAGER

MICHAEL RENTNER

PRESIDENT AND CEO
ADDRESS FOR NOTICE:

CITY OF PALMDALE
38250 Sierra Highway
Palmdale, CA 93550

ADDRESS FOR NOTICE:

NBS GOVERNMENT FINANCE GROUP
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
APPROVE AS TO FORM:

William P. Curley, III
City Attorney

ATTEST:

Roxanne Faber
City Clerk

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

■Certificate(s) and Endorsement(s) attached
■Confirmed business name on contract with certificate(s) ■Original agreement and previous amendment(s) (if any) are attached ■Attached Agreement Checklist and met all requirements
16-16Concord - Document ID: 02wkkNhxKEkjiUkQRQDri4
Record of Signing
Signed with www.concordnow.com
For
Name
Title
Signed on 2024-06-05 01:10:17 GMT
Secured by Concord™
DocumentID: 02wkkNhxKEkjiUkQRQDri4
SigningID: 02wkkNhxEC2T7tiYnyvlzq
Signing date: 6/5/2024
IP Address: 206.171.111.149
Email: [email protected]
For
Name
Title
Signed on 2024-06-06 16:52:20 GMT
Secured by Concord™
DocumentID: 02wkkNhxKEkjiUkQRQDri4
SigningID: 02wlgq6QjRn0LbhbpRBjML
Signing date: 6/6/2024
IP Address: 184.167.188.44
Email: [email protected]

City Council Staff Report
DATE: JUNE 26, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: OPERATIONS DEPARTMENT

FINANCE DIVISION
DISTRICT: ALL
SUBJECT: APPROVE PURCHASE ORDER 20250000 WITH AMAZON CAPITAL SERVICES, INC. DBA AMAZON BUSINESS IN AN AMOUNT NOT TO
EXCEED $217,000 FOR FY 2024-25

RECOMMENDATION
Staff recommends that the City Council approve Purchase Order 20250000 with Amazon Capital Services, Inc. in an amount not to exceed $ 217,000 for FY 2024 -25.

Adoption of this Purchase Order is contingent upon the City Council approving the FY 2024-25 City of Palmdale Annual Budget.

BACKGROUND
Palmdale Municipal Code §3.08.140 (D) authorizes the City to participate with other public agencies and/or with non -profit groups or organizations for the purpose of cooperative purchasing.

Cooperative purchasing is a fiscally responsible approach to streamlining the purchasing process, saving time and resources spent on preparing and conducting formal and/or informal quotes and invitations for Bids/Proposals for a myriad of products. The City is a member of OMNIA Partners, Public Sector Cooperative Purchasing Program, and achieves additional savings by purchasing items on Amazon through competitive pricing.

The City has collaborated with Amazon to ensure that local vendors are transitioned to and designated as "organization preferred" vendors with priority for purchases.

Report to Mayor and City Council
Re: Purchase Order 20250000 with Amazon Capital Services, Inc.

June 26, 2024

Page 2 ends

DISCUSSION
In, 2019, the City established an Amazon Business Prime account through a cooperative purchasing agreement with OMNIA Partners, Public Sector Contract No. R-TC17006 with Amazon Capital Services to procure office & operating supplies, program supplies, equipment, and technology equipment.

Amazon provides the City with the opportunity to prioritize organizational preferences, such as local and environmental considerations, while also offering competitive pricing and bulk purchasing options that promote the efficient use of public funds.

FISCAL IMPACT
$205,000; Purchase Order 20250000 with Amazon Capital Services will not exceed $205,000 for FY 2024-25.

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

A. Manage resources, costs, and liabilities to ensure the City’s long-term fiscal health. This section indicates how the agenda item is relevant to the guiding principles or values of the strategic plan.

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

ATTACHMENTS
PO 20250000 Amazon Capital Services
Agrmt No. R-TC-17006
Agrmt No. R-TC-17006, Amendment 1
Agrmt No. R-TC-17006, Extension 1
Agrmt No. R-TC-17006, Extension 2
Vendor Name Line Number GL Account Requested Ordered Amount Amazon Capital Services, Inc. 1 10110001-735100- 1,000.00$ Amazon Capital Services, Inc. 2 10111001-735100- 1,200.00$ Amazon Capital Services, Inc. 3 10111001-739500- 1,400.00$ Amazon Capital Services, Inc. 4 10112001-710000- 600.00$ Amazon Capital Services, Inc. 5 10112001-735100- 2,000.00$ Amazon Capital Services, Inc. 6 10112002-735100- 100.00$ Amazon Capital Services, Inc. 7 10112201-735100- 1,500.00$ Amazon Capital Services, Inc. 8 10113001-735100- 2,000.00$ Amazon Capital Services, Inc. 9 10113001-737902- 400.00$ Amazon Capital Services, Inc. 10 10113001-737903- 500.00$ Amazon Capital Services, Inc. 11 10113001-739500- 100.00$ Amazon Capital Services, Inc. 12 10113005-735100- 300.00$ Amazon Capital Services, Inc. 13 10113005-737903- 300.00$ Amazon Capital Services, Inc. 14 10114001-735100- 1,500.00$ Amazon Capital Services, Inc. 15 10115001-735100- 2,200.00$ Amazon Capital Services, Inc. 16 10115001-739500- 750.00$ Amazon Capital Services, Inc. 17 10115002-735100- 600.00$ Amazon Capital Services, Inc. 18 10117001-722330- 250.00$ Amazon Capital Services, Inc. 19 10117001-735100- 1,000.00$ Amazon Capital Services, Inc. 20 10118001-735100- 12,700.00$ Amazon Capital Services, Inc. 21 10118001-737103- 500.00$ Amazon Capital Services, Inc. 22 10119011-735100- 300.00$ Amazon Capital Services, Inc. 23 10119011-737100- 1,000.00$ Amazon Capital Services, Inc. 24 10120001-735100- 5,500.00$ Amazon Capital Services, Inc. 25 10121001-739500- 1,700.00$ Amazon Capital Services, Inc. 26 10122001-733500- 1,000.00$ Amazon Capital Services, Inc. 27 10122001-739500- 100.00$ Amazon Capital Services, Inc. 28 10125001-735100- 1,200.00$ Amazon Capital Services, Inc. 29 10125001-739500- 100.00$ Amazon Capital Services, Inc. 30 10125002-735100- 1,000.00$ Amazon Capital Services, Inc. 31 10125002-737126- 1,500.00$ Amazon Capital Services, Inc. 32 10125004-735100- 1,000.00$ Amazon Capital Services, Inc. 33 10125004-739500- 250.00$ Amazon Capital Services, Inc. 34 10125014-735100- 100.00$ Amazon Capital Services, Inc. 35 10125601-735100- 6,600.00$ Amazon Capital Services, Inc. 36 10125602-735100- 500.00$ Amazon Capital Services, Inc. 37 10131001-735100- 2,500.00$ Amazon Capital Services, Inc. 38 10131001-739500- 1,600.00$ Amazon Capital Services, Inc. 39 10132001-735100- 800.00$ Amazon Capital Services, Inc. 40 10132002-707000- 900.00$ Amazon Capital Services, Inc. 41 10132002-735100- 500.00$ Amazon Capital Services, Inc. 42 10132002-739500- 500.00$ Amazon Capital Services, Inc. 43 10133002-732920- 500.00$ Amazon Capital Services, Inc. 44 10133002-735100- 1,200.00$ Amazon Capital Services, Inc. 45 10133002-739500- 200.00$ Amazon Capital Services, Inc. 46 10133003-735100- 100.00$ Amazon Capital Services, Inc. 47 10133003-739500- 100.00$ Amazon Capital Services, Inc. 48 10133005-732800- 100.00$ Amazon Capital Services, Inc. 49 10133005-735100- 1,000.00$ Amazon Capital Services, Inc. 50 10134002-721400- 250.00$ Amazon Capital Services, Inc. 51 10141001-735100- 10,000.00$ Amazon Capital Services, Inc. 52 10141001-739500- 500.00$ Amazon Capital Services, Inc. 53 10141004-735100- 600.00$ Amazon Capital Services, Inc. 54 10142001-735100-1090 1,200.00$ Amazon Capital Services, Inc. 55 10142001-735100-1091 1,700.00$ Purchase Order 20250000 / Amazon Captial Services, Inc.

Amazon Capital Services, Inc. 56 10142001-736210- 300.00$ Amazon Capital Services, Inc. 57 10142001-736210-1092 1,500.00$ Amazon Capital Services, Inc. 58 10142001-736210-1094 6,500.00$ Amazon Capital Services, Inc. 59 10142001-737100-1093 2,500.00$ Amazon Capital Services, Inc. 60 10142001-737100-1095 500.00$ Amazon Capital Services, Inc. 61 10142001-737100-1099 500.00$ Amazon Capital Services, Inc. 62 10142001-737109-1089 500.00$ Amazon Capital Services, Inc. 63 10142002-732601- 6,300.00$ Amazon Capital Services, Inc. 64 10142002-735100- 2,600.00$ Amazon Capital Services, Inc. 65 10142002-737134- 3,000.00$ Amazon Capital Services, Inc. 66 10142002-739500- 500.00$ Amazon Capital Services, Inc. 67 10144001-736210- 8,000.00$ Amazon Capital Services, Inc. 68 10144002-736210- 750.00$ Amazon Capital Services, Inc. 69 10144003-735100- 1,600.00$ Amazon Capital Services, Inc. 70 10144004-735100- 1,600.00$ Amazon Capital Services, Inc. 71 10144004-736210- 1,600.00$ Amazon Capital Services, Inc. 72 10144005-735100- 1,600.00$ Amazon Capital Services, Inc. 73 10144005-736210- 3,000.00$ Amazon Capital Services, Inc. 74 10144005-739500- 400.00$ Amazon Capital Services, Inc. 75 10161101-722330- 300.00$ Amazon Capital Services, Inc. 76 10161101-739500- 100.00$ Amazon Capital Services, Inc. 77 15316001-735100- 6,100.00$ Amazon Capital Services, Inc. 78 15316001-739500- 13,000.00$ Amazon Capital Services, Inc. 79 15316001-774400- 4,000.00$ Amazon Capital Services, Inc. 80 15316001-774450- 500.00$ Amazon Capital Services, Inc. 81 15433006-732600- 1,000.00$ Amazon Capital Services, Inc. 82 15433006-734100- 500.00$ Amazon Capital Services, Inc. 83 15719012-737183- 1,000.00$ Amazon Capital Services, Inc. 84 15741003-735100- 1,500.00$ Amazon Capital Services, Inc. 85 15741003-736210- 1,800.00$ Amazon Capital Services, Inc. 86 15742001-737100- 32,000.00$ Amazon Capital Services, Inc. 87 15742001-737100-1099 500.00$ Amazon Capital Services, Inc. 88 20016001-739500- 1,250.00$ Amazon Capital Services, Inc. 89 20325602-735100-3410 100.00$ Amazon Capital Services, Inc. 90 20732003-735100- 2,000.00$ Amazon Capital Services, Inc. 91 20732004-735100- 500.00$ Amazon Capital Services, Inc. 92 20732004-739500- 500.00$ Amazon Capital Services, Inc. 93 20733001-735100- 3,000.00$ Amazon Capital Services, Inc. 94 20733001-738400- 500.00$ Amazon Capital Services, Inc. 95 20733001-739500- 1,500.00$ Amazon Capital Services, Inc. 96 25133003-735100-3610 1,000.00$ Amazon Capital Services, Inc. 97 25133003-739500-3610 400.00$ Amazon Capital Services, Inc. 98 25433004-735100-2412 2,500.00$ Amazon Capital Services, Inc. 99 25433004-739500-2412 1,000.00$ Amazon Capital Services, Inc. 100 26034001-735100- 500.00$ Amazon Capital Services, Inc. 101 29364002-735100- 1,000.00$ Amazon Capital Services, Inc. 102 30041005-732800- 800.00$ Amazon Capital Services, Inc. 103 30041005-735100- 6,500.00$ Amazon Capital Services, Inc. 104 30041005-737140- 9,000.00$ Amazon Capital Services, Inc. 105 30041005-739500- 2,000.00$ Amazon Capital Services, Inc. 106 35028001-735100- 400.00$ 217,000.00$ Total PO Amount

DocuSign Envelope ID: F8446656-8F5D-440C-B33D-38961B85C11D CC MISC 00088979 2018 TR

CONTRACT MODIFICATION

MODIFICATION #5 ISSUE DATE: October 19, 2018

REFERENCE: Title: On-Line Marketplace for the Purchase of Goods and Services
Contractor: Amazon Services LLC
Period of Contract: January 18, 2017 through January 18, 2022

Modify the above referenced contract as follows:

1. Special Provision 10.7, which was added to the parties’ contract via Contract Modification # 1, dated November 17, 2017, is hereby deleted and replaced with the following:

10.7. ADDITION OF BUSINESS PRIME. Contractor’s Business Prime Program (currently described here) is hereby added to the Contract. PWCS’ access and use of the Business Prime Program will be pursuant to the Business Prime Program’s terms and conditions (currently available here). If PWCS chooses not to move forward with a paid Business Prime program, PWCS will be eligible to receive free standard shipping on eligible orders to the extent made available to Amazon Business customers (currently available for eligible purchases over $25 as described here).

Except for the changes provided herein, all other terms and conditions of this contract remain unchanged and in full force and effect.

Anthony E. Crosby, CPPO
Anthony E. Crosby, CPPO Purchasing
Supervisor
……………………………………………………………………………………………………………………………

Amazon Services LLC

PRINCE WILLIAM COUNTY PUBLIC SCHOOLS

_______________________________________ _______________________________________ Signature

Signature
P.O.

BOX 389, MANASSAS, VA 20108

WWW.PWCS.EDU

703.791.8743
, FAX
703.791.8610

Revised 7.12.13

Prentis Wilson VP, Amazon Business
_______________________________________
Name and Title
October 23, 2018
_______________________________________
Date
Anthony E. Crosby, CPPO
Purchasing Supervisor October
23, 2018
_______________________________________
Date

PURCHASING OFFICE

DocuSign Envelope ID: F8446656-8F5D-440C-B33D-38961B85C11D CC MISC 00088979 2018 TR

P.O.

BOX 389, MANASSAS, VA 20108

WWW.PWCS.EDU

703.791.8743
, FAX
703.791.8610

Revised 7.12.13

CC MISC 00054367 2018 TR

PURCHASING OFFICE
P.O. BOX 389, MANASSAS, VA 20108 WWW.PWCS.EDU 703.791.8743, FAX 703.791.8610 Revised 7.12.13

CONTRACT MODIFICATION
MODIFICATION #4 ISSUE DATE: July 11, 2018
REFERENCE: Title: On-Line Marketplace for the Purchase of Goods and Services
Contractor: Amazon Services, LLC
Period of Contract: January 18, 2017 through January 18, 2022 Modify the above referenced contract as follows:

1. The parties hereby acknowledge that Contractor has recently updated the Amazon Business Accounts Terms and Conditions ), which are incorporated by reference to Contract and currently available at
https://www.amazon.com/gp/help/customer/display.html/ref=b2b_250_tc?nodeId=201613180.

The parties hereby agree that pursuant to current Section 10 of the Terms and Conditions, MODIFICATIONS will no longer modify this Contract to account for future
Except for the changes provided herein, all other terms and conditions of this contract remain unchanged and in full force and effect.

Anthony E. Crosby
Anthony E. Crosby, CPPO.

Acting Supervisor of Purchasing
Amazon Services, LLC PRINCE WILLIAM COUNTY PUBLIC SCHOOLS _______________________________________ Anthony E. Crosby, CPPO Name and Title A c t i n g Supervisor of Purchasing _______________________________________ ______________________ _________________ D a t e D a t e
DocuSign Envelope ID: 0471DD66-3E33-4CDD-B42B-2E89D79196FA

CC MISC 00017679 2018 TR

PURCHASING OFFICE
P.O. BOX 389, MANASSAS, VA 20108 WWW.PWCS.EDU 703.791.8743, FAX 703.791.8610 Revised 7.12.13

CONTRACT MODIFICATION
MODIFICATION #3 I S S U E D A T E : M a r c h 7 , 2 0 1 8 REFERENCE:

Title: On-Line Marketplace for the Purchase of Goods
a n d S e r v i c e s
Contractor: Amazon Services LLC
Period of Contract: January 18, 2017 through January 18, 2022 Modify the above referenced contract as follows:

1. Add the following to the General Terms and Conditions under 3. Debarment Status:

3.1. Debarment and Suspension (Executive Orders 12549 and 12689 ) A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Except for the changes provided herein, all other terms and conditions of this contract remain unchanged and in full force and effect.

Jim Totty
Jim Totty, CPPO, C.P.M.

Supervisor of Purchasing
Amazon Services LLC PRINCE WILLIAM COUNTY PUBLIC SCHOOLS _______________________________________ Jim Totty, CPPO, C.P.M.

Name and Title Supervisor of Purchasing
_______________________________________ ______________________ _________________ DocuSign Envelope ID: B8AB262A-C752-45A5-81ED-70E5A94670DE

CC MISC 00017679 2018 TR

PURCHASING OFFICE
P.O. BOX 389, MANASSAS, VA 20108 WWW.PWCS.EDU 703.791.8743, FAX 703.791.8610 Revised 7.12.13
D a t e D a t e
DocuSign Envelope ID: B8AB262A-C752-45A5-81ED-70E5A94670DE

City Council Staff Report
DATE: JUNE 26, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: OPERATIONS DEPARTMENT

FINANCE DIVISION
DISTRICT: ALL
SUBJECT: ADOPT RESOLUTION NO. CC 202 4-053, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALMDALE ESTABLISHING AN
APPROPRIATIONS LIMIT FOR FISCAL YEAR 202 4-25 PURSUANT

TO ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION AND
REPEAL RESOLUTION NO. CC 2023-042

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. C C 2024-053, a Resolution of the City Council of the City of Palmdaleestablishing an appropriations limit for Fiscal Year 202 4-25 pursuant to Article XIII B of the Constitution of the State of California and repeal Resolution No. CC 2023-042.

BACKGROUND
Article XII B of the California State Constitution, more commonly referred to as the Gann Initiative or Gann Appropriations Limit (Limit), was adopted by California voters in 1980.

The Limit places restr ictions on the amount of tax proceeds that state and local governmental agencies can receive and appropriate each fiscal year.

The Limit is calculated based on the actual amount of tax proceeds appropriated during the 1978-79 Fiscal Year and is increased each year for inflation and population growth.

Inflationary adjustments are, by law, based on the growth in the California Per Capita Income or the growth in non -residential assessed valuation due to new construction within the City. Population adjustments are based on the population growth of the City or the population growth within the City’s county. The decision as to which of the options to select is made annually by a recorded vote of the City Council.

The statutes regarding the adoption of the Limit, contained in Government Code Section 7910, require the governing body to annually adopt, by resolution, an appropriations limit each year for the following fiscal year.

Report to Mayor and City Council
Re: Reso. No. CC 2024-053 Establishing Appropriations Limit for FY 2024-25 June 26, 2024

Page 2 ends

DISCUSSION
For Fiscal Year 2024-25, the City estimates that tax proceeds to be received, as well as tax proceeds appropriated by the City Council, will continue to be under the legal limit.

The City’s appropriations limit for Fiscal Year 2024-25 is established at $171,208,963, a 3.60 percent increase over the Fiscal Year 2023-24 limit. This is the maximum amount of tax proceeds the City will be able to receive and appropriate in the coming fiscal year.

The City’s appropriations, subject to the limit for Fiscal Year 2024-25, are estimated to be $113,971,313. Therefore, the City’s Fiscal Year 2024-25 adopted budget appropriations subject to the limit are $57,237,650 less than the appropriations limit.

FISCAL IMPACT
$0; there is no fiscal impact associated with this action. his action has no direct fiscal impact. Resolution No. CC 2024-053 would increase the total annual appropriations limit from $165,259,617 to $171,208,963.

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

Prepared by: Willy Galindo, Senior Financial Analyst
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney

ATTACHMENTS
Reso. No. CC 2024-053

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2024-053

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE ESTABLISHING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024- 25 PURSUANT TO ARTICLE XIII B OF THE CALIFORNIA
CONSTITUTION AND REPEAL RESOLUTION NO. CC 2023-042
WHEREAS, Article XIII B of the California Constitution provides that the total annual appropriations subject to limitation for each governmental entity, including this City, shall not exceed the appropriations limit of such entity of government for the prior year, as adjusted for changes in the California per capita income or assessment roll for new non-residential construction and population, except as otherwise provided for in said Article XIII B and implementing State statutes; and WHEREAS, pursuant to said Article XIII B of the California Constitution, and Section 7910 of the California Government Code, the City is required to establish its appropriations limit each year for the following fiscal year; and WHEREAS, since the data necessary to calculate the increase in the non- residential assessed valuation is generally not available from County assessors, there is the possible need to adjust the limit once the assessment data is available; and WHEREAS, the City Manager has caused the limit for the City of Palmdale to be calculated and determined, on a provisional basis, using the per capita income and City population factors, and said appropriations limit for the fiscal year 2024-25 has been, and is hereby provisionally established in the amount of $171,208,963; and WHEREAS, the documentation and calculations necessary to arrive at said limitation amount have heretofore been available for public inspection for the required fifteen (15) days.

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

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

SECTION 1. Adopt Resolution No. CC 2024-053 establishing an appropriation limit in the amount of $171,208,963 for Fiscal Year 2024-25; and Resolution No. CC 2024-053

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SECTION 2 . All supporting documentation used in the determination of said Appropriations Limit be made available at the Finance Division during normal business hours for inspection by the public; and
SECTION 3. Resolution No. CC 2023-042 is hereby repealed in its entirety.

SECTION 4. This Resolution is effective July 1, 2024.

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

PASSED, APPROVED and ADOPTED this 26th day of June, 2024. _________________________________
Approved as to form: Austin Bishop, Mayor
ATTEST:
___________________________ _________________________________ William P. Curley, III Rochelle Scott, City Clerk
City Attorney
I, Rochelle Scott, City Clerk of the City 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 26th day of June, 2024 by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Rochelle Scott, City Clerk
City Council Staff Report
DATE: JUNE 26, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: OPERATIONS DEPARTMENT

FINANCE DIVISION
DISTRICT: ALL
SUBJECT: APPROVE AGREEMENT WITH HINDERLITER, DE LLAMAS & ASSOCIATES (HdL) FOR SALES, USE , AND TRANSACTION TAX

AUDIT AND INFORMATION SERVICES IN AN AMOUNT NOT TO
EXCEED $262,000 FOR A FIVE (5) YEAR TERM

RECOMMENDATION
Staff recommends that the City Council:

1. Approve Agreement with Hinderliter, de Llamas & Associates for Sales, Use, and Transaction Tax Audit and Information Services in an amount not to exceed $262,000 for a five (5) year term; and,

2. Authorize the City Manager or her designee to execute the Agreement No. A - 8885 with Hinderliter, de Llamas & Associates, including minimal and/or non - substantial changes.

BACKGROUND
On an annual basis, the City uses Hinderliter, de Llamas & Associates (HdL) to provide Sales, Use, and Transaction Tax databases for ongoing reports, analysis , and ad hoc services. In addition, the firm provides sales tax audit and recovery work that redirects misallocated sales tax to the City. HdL audit fees are contingent on finding revenue, with the fees based on a percentage of sales tax recovered. The recovery varies each year based on these audits, as do the audit fees. Audit fees are only charged if additional sales tax is recovered. As sales tax recovery occurs, the additional revenue and offset of audit fees will be budgeted.

DISCUSSION
HdL provides sales, use, and transaction tax expertise, analysis, recaptured revenues, and precise revenue projections for the City’s general sales tax and Measure AV sales tax. Staff recommend that the City continue its relationship with HdL for these services.

Report to Mayor and City Council
Re: Approve Agreement with Hinderliter, de Llamas & Associates June 26, 2024

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FISCAL IMPACT
$262,000; funds for Fiscal Year 2024-25 are proposed in the annual operating budget.

Funding for future years will be proposed through the annual budget process.

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

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

ATTACHMENTS
Agrmt No. A-8885 with Hinderliter, de Llamas & Associates AGREEMENT NO. A-8885

CONTRACT FOR CONSULTANT SERVICES

BETWEEN THE CITY OF PALMDALE AND HINDERLITER, DE LLAMAS, &

ASSOCIATES

THIS CONTRACT FOR CONSULTANT 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 HINDERLITER, DE LLAMAS, & ASSOCIATES (hereinafter called “CONSULTANT”). This Contract shall become effective on the date of the last signatory.

RECITALS
WHEREAS, City desires to engage CONSULTANT to provide certain consultant services; and
WHEREAS, CONSULTANT represents that CONSULTANT has the expertise and is qualified to perform the services described in this Contract. And, if required, is duly registered under the laws of the State of California; and WHEREAS, CONSULTANT desires to accept such engagement.

NOW, THEREFORE, the parties agree as follows:
1 DESCRIPTION OF WORK

1.1 The City hereby engages CONSULTANT, and CONSULTANT accepts such engagement, to provide the following services:

1. Sales and Use Tax and Economic Analysis/Forecasting Services/Reports

1.1. CONSULTANT will establish a special database identifying the name, address, and quarterly allocations of all sales tax producers within the City. This database will be utilized to generate special reports to the City on major sales tax producers by rank and category, sales tax activity by categories, or business districts, identification of reporting aberrations, and per capita and outlet comparisons with regional and statewide sales.

1.2. CONSULTANT will periodically provide updated reports to the City identifying changes in sales by individual businesses, business groups, and categories, and by geographic area. These reports may include, without limitation, quarterly aberrations due to State audits, fund transfers, and receivables, along with late or double payments, and quarterly reconciliation worksheets to assist with budget forecasting.

CONSULTANT'S will meet quarterly in person or virtually with the City.

1.3. CONSULTANT will provide, following each calendar quarter a summary analysis for the City to share with Council Members, the Chamber of Commerce, other 1-18Concord - Document ID: 02wkjrLRnTA12ku3hDQEKd
economic development interest groups, and the public that analyze the City’s sales tax trends by major groups and geographic areas without disclosing confidential individual tax records.

1.4. CONSULTANT will establish a special database with the California Department of Tax and Fee Administration (“CDTFA”) registration data for businesses within applicable district boundaries holding seller’s permit accounts.

1.5. Periodically license for the limited, non-exclusive, non-transferable use by City’s staff certain of CONSULTANT'S web-based sales, use and/or transactions tax program(s) containing sellers permit, registration, allocation and related information for business outlets within City’s jurisdiction registered with the CDTFA.

1.6. CONSULTANT will provide periodically updated reports endeavoring to identify and assist with budget forecasting (i) changes in allocation totals by individual businesses, business groups, and categories, and (ii) aberrations due to State audits, fund transfers, and receivables, along with late or double payments.

2. Allocation and Audit Recovery Services

2.1. CONSULTANT will conduct (when mutually agreed with City) initial and ongoing sales and use tax audits of businesses to help identify and correct distribution and allocation errors and to proactively affect favorable registration, reporting, or formula changes, thereby generating previously unrealized sales and use tax income for the City and/or recovering misallocated tax from registered taxpayers. Common errors that will be monitored and corrected include but are not limited to transposition errors resulting in misallocations; erroneous consolidation of multiple outlets; formula errors; misreporting of “point of sale” to the wrong location; delays in reporting new outlets; misallocating use tax payments to the allocation pools or wrong jurisdiction; and erroneous fund transfers and adjustments.

2.2. CONSULTANT will initiate contacts with the CDTFA and sales management and accounting officials in companies that have businesses where a probability of error exists to endeavor to help verify whether current tax receipts accurately reflect the local sales activity. Such contacts will be conducted in a professional and courteous manner.

2.3. CONSULTANT will prepare and submit to the CDTFA information for the purpose of correcting any identified allocation errors, and follow-up with individual businesses and the CDTFA to promote recovery by the City of back or prospective quarterly payments that may be owing.

2.4. If, during the course of its audit, the CONSULTANT finds businesses located in the City’s jurisdiction that are properly reporting sales and use tax but have the 2-18Concord - Document ID: 02wkjrLRnTA12ku3hDQEKd
potential for modifying their operation to provide an even greater share to City, the CONSULTANT may so advise City and collaborate with those businesses and City to encourage such changes.

3. Transactions Tax and Economic Analysis/Forecasting Services/Reports

3.1 CONSULTANT will establish a database containing all applicable Department of Tax and Fee Administration (CDTFA) registration data for each business within the Measure “AV” District boundaries holding a seller’s permit account. Said database shall also identify the quarterly transactions and use tax allocations under each account for the most current and previous quarters where available.

3.2 CONSULTANT will provide updated reports each quarter identifying changes in allocation totals by individual businesses, business groups, and categories. Quarterly aberrations due to State audits, fund transfers, receivables, and late or double payments will also be identified. Quarterly reconciliation worksheets to assist the finance officer with budget forecasting will be included.

3.3. CONSULTANT will advise and work with CITY Staff on planning and economic questions related to maximizing revenues, preparation of revenue projections and general information on transactions and use tax questions.

3.4. CONSULTANT will make available to CITY the HdL proprietary software program and Measure “AV” database containing all applicable registration and quarterly allocation information for CITY business outlets registered with the Department of Tax and Fee Administration. The database will be updated quarterly.

4. Deficiency/Allocation Reviews and Recovery

4.1. CONSULTANT will conduct ongoing reviews to identify and correct unreported transactions, tax payments, and distribution errors, thereby generating previously unrealized revenue for the City. Reviews shall include:

4.1. (a) Comparison of county-wide local tax allocations to transactions tax for brick and mortar stores and other cash register-based businesses, where clearly all transactions are conducted on-site within the Measure “AV” City boundaries, and therefore subject to transactions tax.

4.1. (b) Review of any significant one-time use tax allocations to ensure that there is corresponding transaction tax payments for taxpayers with nexus within the City boundaries.

4.1. (c) Review of state-wide transactions tax allocations and patterns to identify any obvious errors and omissions.
3-18Concord - Document ID: 02wkjrLRnTA12ku3hDQEKd

4.1. (d) Identification and follow-up with any potentially large purchasers of supplies and equipment (e.g. hospitals, universities, manufacturing plants, agricultural operations, refineries) to ensure that their major vendors are properly reporting corresponding transactions tax payments to the Measure “AV” Transactions Tax District.

4.2. CONSULTANT will initiate, where the probability of an error exists, contacts with the appropriate taxpayer management and accounting officials to verify whether current tax receipts accurately reflect the local sales activity. Such contacts will be conducted in a professional and courteous manner so as to enhance CITY’s relations with the business community.

4.3. CONSULTANT will prepare and submit to the Department of Tax and Fee Administration all information necessary to correct any allocation errors and deficiencies that are identified and shall follow up with the individual businesses and the California Department of Tax and Fee Administration to ensure that all back quarter payments due the CITY are recovered.

5. Consulting and Other Optional Services
CONSULTANT may, from time to time in its sole discretion, consult with City’s staff, including without limitation, regarding (i) technical questions and other issues related to sales, use and transactions tax, (ii) utilization of reports to enhance business license collection efforts, (iii) sales tax projections for proposed annexations, economic development projects and budget planning, (iv) negotiating/review of tax sharing agreements, (v) establishing purchasing corporations, (vi) meeting with taxpayers to encourage self-assessment of tax obligations, and (vii) other sales, use or transactions tax revenue-related matters.

CONSULTANT shall perform and complete all such work and services in a manner satisfactory to CITY.

1.2 Project deliverables shall be reviewed and approved by CITY to determine acceptable completion. CITY shall have the right to review and inspect the work during the course of its performance at such times as may be specified by CITY.

1.3 CONSULTANT shall not accept any change of scope, or change in contract provisions, 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.
4-18Concord - Document ID: 02wkjrLRnTA12ku3hDQEKd

1.4 CITY shall provide to CONSULTANT, 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. 2 CITY PROJECT MANAGER
To provide the services required by this Contract, CONSULTANT shall act under the authority and approval of a Project Manager appointed by CITY. The City Project Manager will oversee the work under this Contract, assist CONSULTANT with any necessary information, audit billings, and approve payments. CONSULTANT shall channel reports, deliverables, and special requests through the City Project Manager. 3 CONSULTANT’S KEY PERSONNEL
CONSULTANT’s Team and Key Personnel are as follows:

ANDREW NICKERSON
This Consultant Services Contract has been awarded to CONSULTANT based on its representation that those personnel and subcontractors listed above will perform the portions of the work listed herein. CONSULTANT shall not deviate nor substitute any of these team members without prior written approval by CITY. 4 CONTRACT TERM
The term of this contract is FIVE (5) YEARS, commencing on the effective date. 5 TAXES

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

5.2 CONSULTANT 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 CONSULTANT or acting on its behalf, in connection with this Contract shall be considered the Agent or employee of CITY.

5.3 CONSULTANT 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.
6 PATENT FEES AND ROYALTIES
CONSULTANT 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, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified by CITY 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 5-18Concord - Document ID: 02wkjrLRnTA12ku3hDQEKd
payment of any license fee or royalty to others, the existence of such rights shall be disclosed by CITY in the contract documents. CONSULTANT 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, product or device not specified by CITY, and shall defend all such claims in connection with any alleged infringement of such rights. 7 STANDARDS OF PERFORMANCE
CONSULTANT shall be responsible for the completeness and accuracy of its services and work and documents resulting there from, and CITY shall not be responsible for discovering deficiencies therein. CONSULTANT shall correct any such deficiencies or errors without additional compensation and without cost to CITY, except to the extent any such deficiency is directly attributable to deficiencies in CITY -furnished information.
8 CONSULTANT’S PERSONNEL

8.1 All services required under this Contract shall be performed by CONSULTANT, or under CONSULTANT’S direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform such services.

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

8.3 CONSULTANT shall be responsible for payment of all CONSULTANT’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.

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

9.1 For all of work and services including the various phases of tasks as described in Section 1, CITY shall pay to CONSULTANT an amount not to exceed the sum of TWO HUNDRED AND SIXTY TWO THOUSAND dollars ($262000), payable as follows:
6-18Concord - Document ID: 02wkjrLRnTA12ku3hDQEKd

6. Sales and Use Tax and Economic Analysis/Forecasting Services/Reports

6.1. Fees for performing the sales tax and economic analysis/forecasting Services as described above shall initially be $763.70 per month, commencing with the month of the Effective Date (hereafter referred to as “monthly fee”). The monthly fee shall be invoiced quarterly in arrears and shall be paid by the City no later than 30 days after the invoice date.

6.2. Consultant may change the non-hourly Fees established above once a year. Any such change must be with reference to the 12-month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI-U), as reported by the U.S. Bureau of Labor Statistics (the “CPI Change”).

7. Allocation and Audit Recovery Services

7.1. Fees for performing the allocation and audit recovery Services described above shall be 15% of all new, increased, and recovered sales and use tax revenue received by the City as a result, in whole or in part, of the allocation audit and recovery services (hereafter referred to as “audit fee”). The fee shall be paid notwithstanding any related City assistance, work in parallel, and/or incurrence of attorneys’ fees or other costs or expenses in connection, with the relevant Services.

7.2. The Fee described above includes, without limitation, State fund transfers received for back quarter reallocations and monies received in the second eight (8) consecutive reporting quarters following completion of the Consultant’s allocation audit and confirmation of the corrections by the CDTFA.

7.3. These Fees shall be paid by the City upon the Consultant’s submittal of evidence of the Consultant’s relevant Services in support thereof, including, without limitation, copies of relevant communications between the Consultant and the CDTFA and/or taxpayers.

FEES – Transactions Tax Services

8. Transactions Tax and Economic Analysis/Forecasting Services/Reports

8.1. Fees shall be paid $200 monthly and billed quarterly for the transaction district tax reports that we include with the quarterly sales tax analyses. The monthly fee shall be invoiced quarterly in arrears and shall be paid by the City no later than 30 days after the invoice date.

8.2. The consultant may change the non-hourly Fees established above once a year.

Any such change must be based on the 12-month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI-U), 7-18Concord - Document ID: 02wkjrLRnTA12ku3hDQEKd
as reported by the U.S. Bureau of Labor Statistics (the “CPI Change”).

9. Allocation and Audit Recovery Services

4.1 Fees shall be paid 25% of the initial amount of new transactions or use tax revenue received by the City because of audit and recovery work performed by the Consultant (hereafter referred to as "audit fees"). New revenue shall not include any amounts determined and verified by the City or Consultant to be increment attributable to causes other than the Consultant’s work pursuant to this agreement. In the event that the Consultant is responsible for an increase in the tax reported by businesses already properly making tax payments to the City, it shall be the Consultant’s responsibility to separate and support the incremental amount attributable to its efforts prior to the application of the audit fee. Said audit fees will apply to state fund transfers received for those specific quarters identified as being missing and/or deficient following completion of the audit by the Consultant and confirmation of corrections by the California Department of Tax and Fee Administration but shall not apply prospectively to any future quarter. Consultant shall provide City with an itemized quarterly invoice showing all formula calculations and amounts due for audit fees.

10. Consulting and Other Optional Services

10.1. Fees for performing the consulting and other optional Services described above shall be based on the following initial hourly rates: (i) Principal - $325; (ii) Programmer - $295; (iii) Senior Analyst - $245; and (iv) Analyst - $195.

10.2. Consultant may change the rates for its hourly Fees from time to time. A 30 days prior written notice to City will be given.

11. General Provisions Relating to Fees

11.1. Fees for travel and lodging expenses will be invoiced at cost and applied to all meetings (including implementation, training, operations, and support). Travel expenses only apply to out-of-scope travel and must, therefore, be pre-approved by the City.

11.2. Fees will be invoiced monthly to the City for Services performed during the prior month. To the extent that the Consultant has commercially reasonable means to do so, Fees will be netted out of the City’s monthly revenue disbursement.

12. Confidentiality Information
Section 7056 of the State of California Revenue and Taxation Code (“R&T Code”) specifically limits the disclosure of confidential taxpayer information contained in the records of the CDTFA. Section 7056 specifies the conditions under which a city, 8-18Concord - Document ID: 02wkjrLRnTA12ku3hDQEKd
county or district may authorize persons other than such city, county or district’s officers and employees to examine state sales and use tax records.

The following conditions specified in Section 7056-(b)(1) of the State of California R&T Code are hereby made part of this Agreement:

12.1. Consultant is authorized by this Agreement to examine sales, use, or transactions and use tax records of the CDTFA provided to City pursuant to a contract under the Bradley-Burns Uniform Local Sales and Use Tax Law R&T Code Section 7200 et.seq.

12.2. Consultant is required to disclose information contained in, or derived from, those sales or transactions and use tax records only to an officer or employee of the City who is authorized by City resolution provided to the CDTFA to examine the information.

12.3. Consultant is prohibited from performing consulting services for a retailer (as defined in R&T Code Section 6015), during the term of this agreement.

12.4. Consultant is prohibited from retaining the information contained in or derived from those sales, use, or transactions and use tax records after this agreement has expired. Information obtained by examination of the CDTFA records shall be used only for purposes related to the collection of local sales and use tax or for other governmental functions of the City as set forth by resolution adopted pursuant to Section 7056 (b) of the Revenue and Taxation Code. The resolution shall designate the Consultant as a person authorized to examine sales and use tax records and certify that this agreement meets the requirements set forth above and in Section 7056 (b), (1) of the Revenue and Taxation Code.

The Contract Price is CONSULTANT’S estimate of its charges for all of the services, including all labor, equipment, material, subcontractor and reimbursable costs, to be provided under this Agreement. Progress payments shall be made on a time and material basis. Final payment shall be made upon completion of all services and City acceptance of all deliverables, not-to-exceed the Contract Price.

9.2 CONSULTANT shall perform no work in excess of the total contract price without prior written approval of CITY. Total contract price includes expenses related to travel to and from CITY to meet with City and to appear, if so required, before City Council or any other board or commission of CITY.

9.3 CONSULTANT shall maintain adequate records and shall permit inspection and audit by CITY of CONSULTANT’s charges under this Contract. CONSULTANT 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 CONSULTANT for one (1) year following completion of the 9-18Concord - Document ID: 02wkjrLRnTA12ku3hDQEKd
work under this Contract unless a longer period of time is required by state or federal law, in which event CONSULTANT shall retain its records for the time required by such laws.

9.4 No payment made hereunder by CITY to CONSULTANT, shall be construed as an acceptance by CITY of any work or materials, nor as evidence of satisfactory performance by CONSULTANT of its obligations under this Contract. 10 INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT and any contractors or 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 CONSULTANT, its contractors or subcontractors, and regardless of any acts, omissions or negligence (whether active or passive) of any person or entity indemnified hereunder. At their own expense, CONSULTANT and, as applicable, any contractors or 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. CONSULTANT shall ensure that the contract of any contractor or subcontractor working under this agreement contain an indemnity agreement, requiring the contractor or subcontractor to indemnify and defend the Indemnified Parties pursuant the terms set forth above. CONSULTANT 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.
11 INSURANCE

11.1 CONSULTANT, 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 11.8, must be reviewed and accepted by the City Attorney.

11.1.1 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
10-18Concord - Document ID: 02wkjrLRnTA12ku3hDQEKd

11.1.2 Professional Liability (Errors & Omissions) Insurance*  $1,000,000 limit on a per occurrence basis

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

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

11.2 All of CONSULTANT’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.

11.3 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, in the same manner as the named 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 certificate and endorsements shall state: “The City of Palmdale, the Successor Agency of the Community Redevelopment Agency of the City of Palmdale, Palmdale Civic Authority, Industrial Development Authority of the City of Palmdale, Palmdale Airport Authority, their officers, agents, employees and volunteers are named as additional insured’s.”
B. “Severability of Interest” clause.

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

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

11.6 Any policy or policies of insurance that CONSULTANT elects to carry as insurance against loss or damage to its equipment and tools or other personal 11-18Concord - Document ID: 02wkjrLRnTA12ku3hDQEKd
property used in the performance of this Contract shall include a provision waiving the insurer’s right of subrogation against CITY.

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

11.8 Acceptable Proof of Insurance:

11.8.1 ACORD Certificate of Insurance listing all coverages, limits, deductibles and insureds; and endorsements for all applicable coverages if agent has authority to issue it; Additional insured Form CG20101185 or CG20100707 and CG20370704 or equivalent must be provided for general liability coverage.

Additional insured form CA0001 must be provided for automobile liability coverage.

11.8.2 Agents must confirm that policy endorsements have been ordered from the respective insurance companies. Upon issuance, policy endorsements listing all insurers must be submitted to the City Attorney.

11.8.3 *When professional (E&O) liability coverage is provided on a “claims made basis”, CONSULTANT 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 CONSULTANT, or its officers, employees, or agents during the time this Agreement was in effect.

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

11.10 CONSULTANT 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 CONSULTANT shall be subject to all other insurance requirements that are stated herein.

Any deviation in this requirement will be CONSULTANT's sole risk. CONSULTANT's insurance requirements in Section 11 will not be impacted and/or limited by such deviation.

12 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, CONSULTANT shall immediately stop all work hereunder, and shall immediately cause any of its suppliers and sub-consultants to cease such work. CONSULTANT 12-18Concord - Document ID: 02wkjrLRnTA12ku3hDQEKd
shall also surrender to CITY all finished or unfinished documents or programs and other materials, which shall be City’s property. As compensation in full for services performed to the date of such termination, the CONSULTANT 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.
13 TERMINATION FOR CAUSE

13.1 If the City determines that the CONSULTANT 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, the City shall give written notice to the CONSULTANT specifying all defaults to be remedied within thirty (30) days. Such notice shall set forth the basis for the City’s dissatisfaction and suggest corrective measures. If, after thirty days, the CONSULTANT has failed to implement the corrective measures, the City may elect to terminate this Contract, in whole or in part.

13.2 In the event the City terminates this Contract in whole or in part as provided herein above, the City may procure, upon such terms and in such manner, as it may deem appropriate, services similar to those terminated.

13.3 If this Contract is terminated as provided above, the City may require the CONSULTANT to provide all finished or unfinished documents, data, studies, software, drawings, maps, photographs, reports, etc., prepared by the CONSULTANT. Upon such termination, the CONSULTANT shall be paid an amount equal to the value of the services provided and work performed as of the date of termination. Such payment by the City may take into consideration the costs associated with hiring another CONSULTANT to complete the services. In the event no new CONSULTANT is employed, the CONSULTANT shall be paid an amount equal to the value of the work performed. 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 the City.

13.4 If, after notice of termination of the Contract under the provisions of this Section 13, it is determined, for any reason, that CONSULTANT 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 12. 14 DISPUTE RESOLUTION
13-18Concord - Document ID: 02wkjrLRnTA12ku3hDQEKd
All claims, disputes, and other matters in question between CITY and CONSULTANT 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. 15 OWNERSHIP OF DOCUMENTS
All documents, including, but not limited to, research, field notes, investigations, analysis, and studies which are prepared in the performance of this Contract are to be, and remain the property of CITY. CONSULTANT shall furnish CITY, upon its request, originals or reproducible or electronic copies of reports, studies and of all other documents listed above.
16 SUBCONTRACTING, DELEGATION AND ASSIGNMENT

16.1 CONSULTANT shall not delegate, subcontract 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 CONSULTANT from CITY under this Contract may be assigned to a bank, trust company or other financial institution without such approval. Any proposed delegation, assignment or subcontract shall provide a description of the services covered, identification of the proposed assignee, delegates or subcontractor, and an explanation of why and how the same was selected, including the degree of competition involved. Any proposed agreement with an assignee, delegates or subcontractor shall include the following:

A. The amount involved, together with CONSULTANT’s analysis of such cost or price; and
B. A provision requiring that any subsequent modification or amendment shall be subject to the prior written consent of CITY.

C. The requirement to hire only those persons authorized by federal law to work in the United States.

16.2 Any assignment, delegation or subcontract shall be made in the name of CONSULTANT and shall not bind or purport to bind CITY and shall not release CONSULTANT 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 CONSULTANT under this Contract.
17 NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

17.1 In performance of this Contract, CONSULTANT 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. CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without 14-18Concord - Document ID: 02wkjrLRnTA12ku3hDQEKd
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.

17.2 The provisions of subsection 17.1 above shall be included in all solicitations or advertisements placed by or on behalf of CONSULTANT for personnel to perform any services under this Contract. CITY shall have access to all documents, data and records of CONSULTANT 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. 18 FINANCIAL INTEREST CERTIFICATION

18.1 CONSULTANT 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 CONSULTANT’s firm.

18.2 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.
19 CONFLICT OF INTEREST

19.1 CONSULTANT 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 CONSULTANT to be “financial interested” (as provided in California Government Code Section 1090 et seq. or 87100 et seq.) in any contract or decision made by CITY on any matter.

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

19.3 If CONSULTANT is a registered professional engineer or licensed land surveyor and the scope of work requires CONSULTANT’S recommendation of the actual formula to spread the costs of an assessment district’s improvements, then CONSULTANT shall not participate in making that recommendation if the additional elements set forth in Government Code section 87100.1(c) apply. Those additional elements are: (1) CONSULTANT has received income of $250 or more for 15-18Concord - Document ID: 02wkjrLRnTA12ku3hDQEKd
professional services in connection with any parcel included in the benefit assessment district within 12 months prior to the creation of the district; and (2) the district includes other parcels in addition to those parcels for which CONSULTANT received the income. In the event a conflict of interest does arise in that context, City shall select a different CONSULTANT to recommend the actual formula to spread the costs of the assessment district’s improvements and the costs of such services shall be deducted from the compensation to be paid to CONSULTANT.

19.4 To the extent required by the City Manager/designee, CONSULTANT 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.
20 COMPLIANCE WITH LAW

20.1 CONSULTANT 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 CONSULTANT uses any subcontractors to complete this Contract, this same requirement shall be included in all subcontracts and strictly enforced by CONSULTANT.

20.2 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. 21 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.
22 ENTIRE CONTRACT AND AMENDMENTS

22.1 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.

22.2 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 CONSULTANT hereunder, shall be binding unless in writing and signed by the party against whom the same is sought to be enforced.

22.3 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. 16-18Concord - Document ID: 02wkjrLRnTA12ku3hDQEKd

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

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

CITY OF PALMDALE: HINDERLITER, DE LLAMAS, &
ASSOCIATES:

RONDA PEREZ

CITY MANAGER

ROBERT GRAY

VICE PRESIDENT
ADDRESS FOR NOTICE:

CITY OF PALMDALE
38250 Sierra Highway
Palmdale, CA 93550

ADDRESS FOR NOTICE:

HINDERLITER, DE LLAMAS, &

ASSOCIATES
120 S. State College Blvd. #200
Brea, CA 92821
APPROVE AS TO FORM:

William P. Curley, III
City Attorney

ATTEST:

Roxanne Faber
City Clerk

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

■Certificate(s) and Endorsement(s) attached
■Confirmed business name on contract with certificate(s) ■Attached Agreement Checklist and met all requirements
17-18Concord - Document ID: 02wkjrLRnTA12ku3hDQEKd
18-18Concord - Document ID: 02wkjrLRnTA12ku3hDQEKd
Record of Signing
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City Council Staff Report
DATE: JUNE 26, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: OPERATIONS DEPARTMENT

INFORMATION TECHNOLOGY DIVISION
DISTRICT: ALL
SUBJECT: APPROVE AGREEMENT WITH PRO WEST AND ASSOCIATES, INC.

TO PROVIDE GEOGRAPHIC INFORMATION SYSTEM ( GIS)
SERVICES IN A NOT TO EXCEED AMOUNT OF $300,000 FOR A

THREE-YEAR TERM

RECOMMENDATION
Staff recommends that the City Council:

1. Approve Agreement No. A-8901 with Pro West and Associates, Inc. , to provide Geographic Information System Services in a not to exceed amount of $300,000 for a three-year term; and,

2. Authorize the City Manager or her designee to execute the Agreement No. A- 8901 with Pro West and Associates , I nc., including minimal and/or non - substantial changes.

BACKGROUND
The City’s Geographical Information Systems (GIS) Program provides City staff with a toolset to view parcel and data layers within Palmdale City boundaries . Some of the tools include application viewers to access parcel information, customized applications for the field staff to track inventory, customized maps, and reporting.The City contracted with Pro West for GIS services for a one-year term. During this time, the City migrated to a more cutting-edge and industry -leading Esri ArcGIS software and implement ed improvements that benefit the organization and community.

DISCUSSION
The current agreement with Pro West and Associates, Inc. expires on June 30, 2024 .

Staff are pleased with the services provided by Pro West and recommend that the City Council approve a new agreement for a term of three (3) years. This will allow for Report to Mayor and City Council
Re: Approve Agrmt No. A-8901 with Pro West and Associates, Inc.

June 26, 2024

Page 2 ends

continuity of services while the City continues improving and building out the upgraded software platform.

The proposed agreement will utilize Cooperative Purchasing, as authorized in Palmdale Municipal Code §3.08.140 (D), where the City may participate with other public agencies and/or with non-profit groups or organizations for the purpose of cooperative purchasing.

This allows for a fiscally responsible approach to streamline the purchasing process, saving time and resources spent preparing and conducting formal Invitations for Bids for a myriad of products.

FISCAL IMPACT
$300,000; the fiscal impact for the three (3) year term is $300,000. Funds are proposed in the annual operating budget for FY 2024-25. Funding for future years will be requested for appropriation through the annual budget process.

STRATEGIC PLAN
Goal I: Maintain effective public safety and protection for life, property, and the environment.

B. Be prepared to protect life, property, and the environment in the event of catastrophic disasters and emergencies.

C. Use a variety of methods to communicate timely, useful, and trusted information about city programs, services, and policies.

Prepared by: Stuart Thompson, Information Technology
Manager
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney

ATTACHMENTS
Agrmt No. A-8901 Pro West and Associates, Inc.

AGREEMENT NO. A-8901

CONTRACT FOR SERVICES

BETWEEN THE CITY OF PALMDALE AND PRO-WEST & ASSOCIATES

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 PRO-WEST & ASSOCIATES, a Corporation, (hereinafter called “CONTRACTOR”). This Contract shall become effective on the date of the last signatory.

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

NOW THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
1 CITY PROJECT MANAGER
To provide the services required by this Contract, CONTRACTOR shall act under the authority and approval of Stuart Thompson 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:

Pro-West will provide technical support to the City on a variety of GIS related needs, per the GSA contract # 47QTCA18D00AS

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.

2.5 All work supplied under this Contract shall be fully guaranteed by CONTRACTOR for a minimum period of 90 days from the date of acceptance by 1-12Concord - Document ID: 02wo4C82PzmxbGlaSmPext
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.

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:

Kendis Scharenbroich - CEO Contract staff as follows:
- Jennifer Ward
- Paul Rairamo
- Brian Bjelland
- Royal Paddock
- Emily Weber
- Mike Nordquist
- Alex Lange
- Cassie Rott
- Nils Odgren
- Ruth Workman
- Cole Sutton
- Haylee Craiglow
- Nic Stoterau
This Services Contract has been awarded to CONTRACTOR based on its representation that those personnel and subcontractors submitted as part of its bid and listed above will perform the portions of the work listed above.

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

3.2 Subcontractors. During the performance of the Agreement, CONTRACTOR may engage such additional SUBCONTRACTORS as may be required for the timely 2-12Concord - Document ID: 02wo4C82PzmxbGlaSmPext
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.

The term of this Contract is THREE (3) YEARS, commencing on the effective date, with CITY reserving the option to extend the agreement for N/A 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.

5.2 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 3-12Concord - Document ID: 02wo4C82PzmxbGlaSmPext
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 three hundred thousand dollars ($300000.00) 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:

Billed monthly as services are used; net 45 days GSA Rates 5-Year Escalation (effective 4/18/23-4/17/28) Please see attachment A, NTE $300,000

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 4-12Concord - Document ID: 02wo4C82PzmxbGlaSmPext
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 5-12Concord - Document ID: 02wo4C82PzmxbGlaSmPext
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
 $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

10.1.2 Professional Liability (Errors & Omissions)/Cyber 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, 6-12Concord - Document ID: 02wo4C82PzmxbGlaSmPext
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:

10.8.3 *When professional liability/cyber liability is provided on a "claims made basis", CONTRACTOR will continue to renew the insurance for a period of five (5) years after this Contract 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 Contract, and will cover CONTRACTOR, or its officers, employees or agents during the time this Contract 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 7-12Concord - Document ID: 02wo4C82PzmxbGlaSmPext
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 8-12Concord - Document ID: 02wo4C82PzmxbGlaSmPext
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.

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 9-12Concord - Document ID: 02wo4C82PzmxbGlaSmPext

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 10-12Concord - Document ID: 02wo4C82PzmxbGlaSmPext
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.

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.

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.

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: PRO-WEST & ASSOCIATES:

Ronda Perez
City Manager

Kendis Scarenbroich
CEO

ADDRESS FOR NOTICE:

CITY OF PALMDALE
38250 Sierra Hwy.

Palmdale, CA 93550

ADDRESS FOR NOTICE:

PRO-WEST & ASSOCIATES
8239 State 371 NW
Walker, MN 56484
APPROVE AS TO FORM:

William P. Curley, III
City Attorney

ATTEST:

Roxanne Faber
City Clerk

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

■Certificate(s) and Endorsement(s) attached
■Confirmed business name on contract with certificate(s) ■Attached Agreement Checklist and met all requirements
12-12Concord - Document ID: 02wo4C82PzmxbGlaSmPext
Record of Signing
Signed with www.concordnow.com
For
Name
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Signed on 2024-06-10 20:56:48 GMT
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DocumentID: 02wo4C82PzmxbGlaSmPext
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Signing date: 6/10/2024
IP Address: 206.171.111.149
Email: [email protected]
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Signing date: 6/10/2024
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City Council Staff Report
DATE: JUNE 26, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: OPERATIONS DEPARTMENT

FINANCE DIVISION
DISTRICT: ALL
SUBJECT: ADOPT RESOLUTION NO. CC 2024-060, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALMDALE APPROVING THE

SALARY AND BENEFITS POLICY

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. CC 2024 -060, a Resolution of the City Council of the City of Palmdale Approving the Salary and Benefits Policy.

BACKGROUND
The Human Resources Rules & Regulations were last updated in 2015 and contain rules and regulations that apply to employees and items relating to the salary and benefits of City employees. The City Council has modified certain sections of the document throughout the years to ensure compliance with applicable laws ; however, a full review of the document was necessary to stay current with best prac tices, to provide a clear and concise Salary and Benefits policy, and to allow for simplified implementation and distribution of the policy.

DISCUSSION
Staff proposes the adoption of a stand-alone Salary and Benefits Policy. This policy contains information on holidays, accrued leave (vacation time, sick leave, etc.), leaves of absence, and related issues and ensures compliance with all applicable laws. It is standard practice to update this policy annually or at such times that legislation requires an update.

Salary and Benefits are key components of the City’s strategic plan to attract and retain talent. A dedicated policy underscores the importance of these elements and highlights the City’s commitment to offering compelling and comprehensive packages.

Report to Mayor and City Council
Re: Adopt Reso. No. CC 2024-060 Approving the Salary and Benefits Policy June 26, 2024

Page 2 ends

The proposed Salary and Benefits Policy provides clarification and minor updates.

However, this policy does not propose substantive changes or additional benefits.

FISCAL IMPACT
$0; There is no fiscal impact associated with this action.

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

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

Prepared by: Garrett W. Rickert, Acting HR Manager
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney

ATTACHMENTS
Reso. No. CC 2024-060
Salary and Benefits Policy

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2024 - 060

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE UPDATING AND APPROVING THE CITY’S SALARY AND BENEFITS
POLICY
WHEREAS, the City of Palmdale previously adopted policies, rules, regulations and resolutions related to salary and benefits of employment at the City of Palmdale; and WHEREAS, the City Council of the City of Palmdale desires and intends to modify certain sections of the policies, rules, regulations and resolutions related to salary and benefits of employment; and to supersede any conflicting provisions contained within prior policies, rules, regulations and resolutions relating to salary and benefits;

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 Salary and Benefits Policy is established as set forth in Exhibit 1.

Section 2: Any and all prior policies, rules, regulations and resolutions which are in direct conflict with the policies, rules and regulations set forth in Exhibit 1 shall be superseded by the policies set forth in Exhibit 1.

Section 3: The City expressly reserves the right, in its sole discretion, at any time and from time to time, but upon a non-discriminatory basis, to amend or rescind any provision of this Resolution or any benefits or salary provisions, or to terminate any benefits or salary provisions.

Section 4: This Resolution shall become effective immediately upon its passage.

Section 5: The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 26th day of June, 2024 by the City Council of the City of Palmdale pursuant to the following vote:
_________________________________
Approved as to form: Austin Bishop, Mayor
ATTEST:
___________________________ _________________________________ William P. Curley, III Rochelle Scott, City Clerk
City Attorney
I, Rochelle Scott, City Clerk of the City 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 26TH day of June, 2024 by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Rochelle Scott, City Clerk

Salary and Benefits Policy
UPDATED June 2024

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Updated and Rev. 06/2024
2 TABLE OF CONTENTS

SECTION 1 - PAY PLAN .............................................................................................................................. 8 Section 1-1 - Compensation ................................................................................................................... 8 Section 1-2 - Changes in the Compensation Plan ............................................................................... 8 Section 1-3 - Compensation for Work Out of Classification/ Provisional Appointment .................. 8 SECTION 2 - CLASSIFICATION PLAN ....................................................................................................... 9 Section 2-1 - Preparation of Classification Plan .................................................................................. 9 Section 2-2 - Amendment and Revision of Plan ................................................................................... 9 Section 2-3 - Allocation of Positions ..................................................................................................... 9 Section 2-4 - New Positions.................................................................................................................. 10 Section 2-5 - Reclassification ............................................................................................................... 10 Section 2-6 - Use of Classification Title .............................................................................................. 10 SECTION 3 - TRANSFER, PROMOTION, DEMOTION, SUSPENSION, REDUCTION IN PAY, REINSTATEMENT, DICIPLINE AND COMPLAINT POLICIES AND PROCEDURES ............................. 10 SECTION 4 - PAID TIME OFF.................................................................................................................... 11 Section 4-1 - Holidays ........................................................................................................................... 11 Section 4-2 - Annual Vacation Leave ................................................................................................... 12 Section 4-3 - Sick Leave........................................................................................................................ 14 Section 4-4 - Payment and Conversion of Accumulated Sick Leave ............................................... 16 Section 4-5 - Jury Duty .......................................................................................................................... 16 Section 4-6 - Other Court Appearances .............................................................................................. 17 Section 4-7 - Bereavement/Reproductive Loss Leave ....................................................................... 17 Section 4-8 - Time for Voting ................................................................................................................ 18 SECTION 5 - OTHER TIME OFF................................................................................................................ 19 Section 5-1 - Time Off To Attend School Activities ........................................................................... 19 Section 5-2 - Leave Related To Domestic Violence or Sexual Assault ............................................ 20 Section 5-3 - Crime Victims' Leave ...................................................................................................... 21 Section 5-4 - Other Time Off ................................................................................................................. 21 SECTION 6 - LEAVES OF ABSENCE ....................................................................................................... 21 Section 6-1 - General Provisions ......................................................................................................... 21 Section 6-2 - Family Care and Medical Leave ..................................................................................... 23 Section 6-3 - Pregnancy Disability Leave ........................................................................................... 40 Section 6-4 - Military Leave .................................................................................................................. 42 Section 6-5 - Benefits Earned During A Leave of Absence Without Pay ......................................... 42 SECTION 7 – BENEFITED PART-TIME, UNBENEFITED PART-TIME, SEASONAL UNBENEFITED PART-TIME AND VARIABLE HOUR EMPLOYEE SALARY, POLICIES AND FRINGE BENEFITS ...... 42 Section 7-1 - Salary Increases .............................................................................................................. 42 Section 7-2 - Policies and Fringe Benefits .......................................................................................... 43 Section 7-3 - Policies and Fringe Benefits: All Employees ............................................................... 43 SECTION 8 - EXEMPT EMPLOYEES ........................................................................................................ 43 Section 8-1 - Exempt Employees ......................................................................................................... 43 Section 8-2 - Exempt Employee Compensation ................................................................................. 44 Section 8-3 - Administrative Leave for Exempt Employees .............................................................. 44 SECTION 9 - ADMINISTRATIVE INSTRUCTIONS .................................................................................. 45 Section 9-1 - Additional Policies, Rules and Regulations ................................................................. 45 Section 9-2 - Administrative Instructions ........................................................................................... 45 SECTION 10 - ANTI-HARASSMENT RULE .............................................................................................. 45 SECTION 11 - HEALTH AND SAFETY ..................................................................................................... 45 SECTION 12 - CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CalPERS) ................... 46 _______________________
Updated and Rev. 06/2024
3 DEFINITIONS

Allocation
The assignment of a position to a classification in accordance with the duties, authority and responsibilities of the position.

Anniversary Date
The first workday an employee completes in the service of the City. When an employee is promoted or the employee's position is reclassified the employee's anniversary date for salary review purposes will become the first workday the employee completes in the new or reclassified position.

Appointing Authority
The City Manager or his or her designee. The appointing authority may delegate all duties, responsibilities, powers and authority granted him or her by th is Policy and the administrative instructions, policies, regulations, procedures or orders promulgated pursuant to this Policy.

Benefited Part-Time Employee
An employee who has successfully completed the probationary peri od established for the position and is employed for an indefinite period of time . Employees who became Benefited Part -Time on or before June 30, 2013 and are regularly scheduled to work at least 20 hours per we ek but less than 32 hours per week.

Employees who became Benefited Part -Time on or after July 1, 2013 and are regularly scheduled to work at least 20 hours per week but less than 28 hours per week.

City
The City of Palmdale.

Classification
A position or positions assigned to the same job title.

Classification Specification
A written description of a position including but not limited to classification title, _______________________
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4 general statement of the required level of work, distinguishing features of work, examples of duties, and minimum qualifications required for the position.

Classified Service
All positions of employment in the service of the City except for the following:

A. Elected officers;
B. Individuals serving on boards, commissions and agencies; C. Individuals performing services under contract;
D. Individuals performing services during a declared emergency; E. Individuals appointed to unbenefited part-time positions; F. Volunteers;
G. City Manager;
H. Assistant City Manager;
I. Deputy City Manager;
J. Director of Economic and Community Development;
K. Director of Neighborhood Services;
L. Director of Operations / Treasurer;
M. Director of Parks and Recreation.

N. Director of Public Safety;
O. Director of Public Works;

Compensation
The rate of pay established for a position.

Compensatory Time
Time off from work in lieu of monetary payment for overtime work. (Commonly referred to as CTO)

Day
Calendar day unless otherwise specified.

Demotion
Assignment of an employee from one position or classification in a pay range to a position or classification in a range which has a lower maximum rate of pay. A _______________________
Updated and Rev. 06/2024
5 demotion may be voluntary or involuntary and may be the result of disciplinary or non - disciplinary action.

Department
The organizational unit under the immediate charge of a Director.

Executive Employee:

An individual assigned to any of the following classifications: Assistant City Manager, Deputy City Manager , Director of Economic and Community Development, Director of Neighborhood Services , Director of Operations / Treasurer, Director of Parks and Recreation, Director of Public Safety, Director of Public Works.

Executive Employees are at -will employees, who serve at the pleasure of the City Manager. As such, they may be disciplined by the City Manager at any time and they may be dismissed at any time by the City Manager, with or without cause or notice. Further, City policies and procedures related to disciplinary procedures and the related appeal procedures do not apply to Executive Employees.

If a n Executive Employee is involuntarily terminated or laid off by the City Manager, he or she will receive severance pay in accordance with the Benefits Resolution approved by the City Council.

Employee
An individual legally employed by the City and compensated through the City payroll for his or her services.

Exempt Employee
Exempt employees are paid on a salary basis, and based on the type and nature of their duties are not subject to the overtime pay requirements of the law. Accordingly, such employees do not receive overtime compensation. Employees whose duties fall within the executive, administrative, and professional categories, as set forth in the Fair Labor Standards Act, are exempt from overtime compensation.

Full-Time Employee
An employee who has successfully completed the probationary period _______________________
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6 established for the position, who is employed for an indefinite period of time and who is regularly scheduled to work at least 32 hours each workweek.

Hours Worked
Hours during which an employee is performing his or her job duties as directed by the City.

Immediate Family
The employee’s spouse/registered domestic partner and the parent, parent-in- law, stepparent, child, stepchild, custodial child, son -in-law, daughter -in-law, grandparent, grandchild, sibling, brother-in-law, sister -in-law, or guardian of the employee, or the same relatives of a spouse or domestic partner.

Leave of Absence
An approved absence from work as provided for by this Policy.

Merit Pay Increases
A discretionary increase in compensation which may be granted for meritorious service; completion of minimum prescribed periods of fully satisfactory employment; and continued improvement in performance.

Nonexempt Employees
Employees who are entitled to receive overtime compensation as provided by federal law, and this Policy.

Overtime Work
With the exception of holidays, overtime compensation shall be based on hours worked, not hours paid. If accrued banked time is used during the work week, overtime compensation will be calculated at the straight time rate. Holidays will be included in the calculation of "hours worked" for purposes of overtime calculations. For purposes of including holidays, the day the City observes the holiday will be considered, and not the date of the actual holiday.

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Updated and Rev. 06/2024
7 Pay Range
One or more specific pay rates assigned to a class of positions as the compensation for that classification.

Position
The duties and responsibilities assigned to a job within a classification.

Provisional Appointment
The temporary appointment of an employee, who possesses the minimum qualifications established for a particular position, in the absence of available eligibles.

May be used to fill temporary vacancies resulting from a leave of absence.

Seasonal Unbenefited Part-Time Employee
An employee hired on a temporary basis not to exceed 120 days. The employee is at-will and as such accrues no status or rights in the position.

Serious Health Condition
This term is the same as defined in the federal Family and Medical Leave Act, and the California Family Rights Act.

Sick Leave
Time off with pay for employees. Sick leave may be used by employees incapacitated by illness or injury, or public health requirements. Sick leave may also be used to care for immediate family members or a designated person.

Unbenefited Part-Time Employee
An employee hired on a part -time basis. The employee is at -will and as such accrues no status or rights in the position. An Unbenefited part-time Employee may not work over 28 hours per week. Under no circumstances will a part -time employee work more than 960 hours per fiscal year, unless the position is excluded from the City’s contract with the California Public Employees’ Retirement System.

Variable Hour Employee
A Variable Hour Employee is expected to wor k initially at least 30 hours per _______________________
Updated and Rev. 06/2024
8 week. The period o f employment at more than 30 hours per week is reasonably expected to be of a limited duration and at their start date it cannot be determined that the employee is reasonably expected to work on average at least 30 hours per week over the initial measurement period. Designating an employee as a Variable Hour Employee is subject to approval by the Appointing Authority. The employee is at -will and as such accrues no status or rights in the position.

Workday
The scheduled number of hours an employee is required to work per day. An employee's workday may be modified by the appointing authority.

Workweek
The seven -day period designated for the purpose of calculating overtime for nonexempt employees as follows: for those employees on a four/ten schedule, and for those employees whose schedule is the traditional five days a week, the workweek begins at 12:01 a.m. Monday and ends at midnight on Sunday ; for those employees on a 9/80 schedule, the workweek begins at noon on Friday and ends at noon on the next Friday.

SECTION 1 - PAY PLAN

Section 1-1 - Compensation
The City's compensation plan includes the hourly or monthly rates of pay adopted by the City and the assignment of the various positions to ranges in a salary schedule. Unless otherwise provided, all rates of compensation shall be expressed as an hourly or monthly rate.

Section 1-2 - Changes in the Compensation Plan
Adjustments to the compensation plan may be recommended by the appointing authority and are contingent on the approval of the City Council.

Section 1-3 - Compensation for Work Out of Classification/ Provisional Appointment
With the approval of the Deputy Director in Human Resources , the Director may _______________________
Updated and Rev. 06/2024
9 assign regular employees to a higher-level classification in the case of unusual extended leaves and/or vacancies of fifteen (15) consecutive calendar days or more as a professional growth and development opportunity. The employee must meet the minimum qualifications to hold the higher position in order to qualify for an out -of-class assignment. The assignment may last for a maximum of six (6) consecutive months.

The Deputy Director in Human Resources may approve extending the length of an out - of-class assignment. The Director must present requests for an out -of-class assignment to the Deputy Director in Human Resources in advance and receive approval from the Deputy Director in Human Resources before the employee is appointed to a higher-level classification.

Employees appointed to an out -of-class assignment will be compensated with either a 5% increase or at Step A of the assigned classification, whichever is greater.

Benefit levels will remain unchanged for the duration of the out -of-class assignment.

Compensation changes will be effective with the first day of the third week of the out -of- class assignment and continue through the end of the assignment.

SECTION 2 - CLASSIFICATION PLAN

Section 2-1 - Preparation of Classification Plan
The Deputy Director in Human Resources shall ascertain and record the duties and responsibilities of all positions in the classified service and shall recommend a classification plan for all positions in the classified service. The classification plan shall consist of classes of positions defined by class specifications and job title. The classification plan shall be developed and maintained so that all positions with substantially similar duties, responsibilities, authority, and character of work are included within the same classification and that similar schedules of compensation apply to all positions in the same classification.

Section 2-2 - Amendment and Revision of Plan
The appointing authority may revise the classification plan whenever he or she deems necessary, contingent upon approval by the City Council.

Section 2-3 - Allocation of Positions
Following the adoption of the classification plan, the Deputy Director in Human _______________________
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10 Resources shall allocate each position to its appropriate classification on the basis of duties and responsibilities. The allocation of positions may be changed by the appointing authority.

Section 2-4 - New Positions
Except as directed by the appointing authority, no person shall be appointed or employed to fill a new position until the classification plan is amended to add the new position.

Section 2-5 - Reclassification
If the duties of a position change materially such that the position belongs in a different classification, Human Resources will review the position and if appropriate, recommend to the City Manager and reallocate the position to the appropriate classification contingent on approval by City Council.

Section 2-6 - Use of Classification Title
The title of the classification to which any position is allocated shall be used in all official personnel records and business transactions of the City.

SECTION 3 - TRANSFER, PROMOTION, DEMOTION, SUSPENSION, REDUCTION

IN PAY, REINSTATEMENT, DICIPLINE AND COMPLAINT POLICIES AND

PROCEDURES

The Appointing Authority shall establish and implement policies and procedures for recruitment, examination, appointment, probationary periods of employment, transfer, promotion, demotion, administrative suspension, reduction in pay and reinstatement.

The Appointing Authority shall establish and implement disciplinary policies and procedures and for the appeal thereof, in accordance with federal and state law. The policies established by the Appointing Authority may be overridden by an MOU or by City Council Resolution.

The Appointing Authority shall establish and implement policies and procedures for processing complaints in accordance with federal and state law. The policies established by the Appointing Authority may be overridden by an MOU or by City _______________________
Updated and Rev. 06/2024
11 Council Resolution.

SECTION 4 - PAID TIME OFF

Section 4-1 - Holidays
The following are the paid holidays for regular full -time employees and benefited part-time employees of the City:

1. New Year's Day

2. Martin Luther King Jr. Day

3. Presidents’ Day

4. César Chavez Day (floating holiday)

5. Memorial Day

6. Juneteenth

7. Independence Day

8. Labor Day

9. Columbus Day (floating holiday)

10. Veterans Day

11. Thanksgiving Day

12. Day After Thanksgiving

13. Christmas Eve

14. Christmas Day

15. New Year’s Eve

Benefited part-time employees receive the holidays on a prorated basis.

The dates on which each of the foregoing holidays is observed shall be determined by the City.

Generally, if any of the foregoing holidays fall on a Saturday or Sunday, the preceding Friday or the following Monday shall be observed as a holiday. All holidays will be paid based on the employees’ regular work schedule. An employee on an unpaid leave of absence is not eligible for holiday pay.

An employee eligible for floating holidays may use accumulated floating holidays at any time during employment upon department head approval. The City will keep a record of floating holiday use, accrual and accumulation. If an employee terminates his or her employment with the City and has accumulated floating holidays, he or she shall _______________________
Updated and Rev. 06/2024
12 be paid for the accumulated floating holidays. For eligible full-time employees, a floating holiday shall be equivalent to the number of hours an employee is regularly scheduled to work during a workday. For eligible benefited part-time employees, a floating holiday shall be based on the employee’s regular weekly work schedule.

There is no limit on the number of floating holidays an employee may accumulate.

In addition to receiving their base rate of pay, full-time and benefited part-time employees who are scheduled to work on a City holiday (other than floating holidays) shall receive 1.5 hours of holiday pay for every hour worked on a City observed holiday.

Full-time nonexempt employees and benefited part-time employees who are required to work on a holiday to which they are entitled, will have the hours equal to the number of hours an employee is regularly scheduled to work during a workday posted to their holiday banked time. Benefited part-time employees covered by the prior sentence will have prorated hours posted to their holiday banked time based on their regular weekly work schedule.

Except as to Teamsters Local 911, an employee must work their regularly scheduled shift immediately before and immediately after that holiday or be on a pre- approved absence in order to receive holiday pay. Employees with unexcused absences or absences with little or no reasonable advance notice do not receive holiday pay. A new employee whose first working day is the day after a holiday shall not receive holiday pay. An employee who is separating from employment and whose last day is an observed holiday shall not receive holiday pay.

Section 4-2 - Annual Vacation Leave

B. Accrual. Except as to Director/Executive Management employees, all full-time employees and benefited part -time employees hired on or before August 1, 2012 shall be entitled to paid vacation leave as follows:

Vacation Accrual Rate
- at beginning of benefited status - 80 hours per year earned at a rate of 3.07 hours per pay period
- at beginning of 5th year of
employment
- 120 hours per year earned at a rate of 4.61
hours per pay period
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Updated and Rev. 06/2024
13 - at beginning of 10th year of
employment
- 160 hours per year earned at a rate of 6.15
hours per pay period

Individuals who become full -time or benefited part -time employees on or after August 2, 2012 shall be entitled to paid vacation leave as follows:

Vacation Accrual Rate
- at beginning of benefited status - 80 hours per year earned at a rate of 3.07 hours per pay period
- at beginning of 5th year of
employment
- 100 hours per year earned at a rate of 3.84
hours per pay period
- at beginning of 10th year of
employment
- 120 hours per year earned at a rate of 4.61
hours per pay period

As set forth in Resolution 2023-037, Director/Executive Management employees accrue vacation leave at the rate of 6.15 hours per pay period (160 hours annually).

Vacation leave will accrue on a bi -weekly basis based on hours worked or when an employee is in pay status. Regardless of an employee’s hire date, the accrual will begin on the date the employee becomes either full -time or benefited part -time.

Benefited part-time employees accrue vacation leave on a prorated basis. Employees are not eligible to use vacation leave until it has been accrued. Vacation leave may be accumulated up to a maximum of 240 hours. Benefited part -time employees may accumulate up to 160 hours.

Once this maximum amount is accumulated, the employee will cease accruing any additional paid vacation. An employee resumes accruing vacation after taking a vacation and thereby reducing the amount accumulated below the maximum.

An employee may take vacation leave with the prior approval of the employee's Director, or the Director’s designee, with due regard to the employee's wishes and the needs of the department. The City may direct an employee to use vacation leave. The City may deny a vacation request or postpone an employee's vacation depending on the needs of the City.

Terminated employees shall be paid for all accrued vacation leave.

If there is a holiday during vacation or other time off with pay, an employee will receive holiday pay and such time will not be charged to the employee's vacation or _______________________
Updated and Rev. 06/2024
14 other paid time off.

Vacation benefits are not earned during the unpaid portion of a leave of absence, except as otherwise required by state or federal law.

If an employee has accrued vacation leave in their bank, it must be used.

Employees cannot voluntarily go in unpaid status.

B. Accrued Leave Buy Back. Four times each fiscal year, as of the first pay period in March, May, September, and November , an exempt employee who has a combined total of at least 520 hours in their vacation, administrative leave and floating holiday accrued banks may convert 40 or more hours of this time to cash. In no event can an exempt employee reduce his or her combined accrued leave balance (excluding sick leave) below 480 hours.

Four times each fiscal year, as of the first pay period in March, May, September, and November, a nonexempt full-time employee who has a combined total of 280 hours in their vacation, compensatory time and floating holiday accrued banks may convert 40 or more hours of compensatory time to cash. If a nonexempt employee does not have a full 40 hours of accrued compensatory time, he or she may convert the difference from his or her vacation or floating holiday bank if necessary in order to participate in the buy back program. Nonexempt employees may then also convert vacation time and floating holiday leave to cash. In no event can a nonexempt employee reduce his or her combined accrued leave balance (excluding sick leave) below 240 hours.

Four times each fiscal year, as of the first pay period in March, May, September, and November, a benefited part -time employee who has a combined total of 140 hours in their vacation, compensatory time and floating holiday accrued banks may convert 20 or more hours of compensatory time to cash. If a benefited part -time employee does not have a full 20 hours of accrued compensatory time, he or she may convert the difference from his or her vacation or floating holiday bank if necessary in order to participate in the buy back program. Benefited part -time employees may then also convert vacation time and floating holiday leave to cash. In no event can a benefited part-time employee reduce his or her combined accrued leave balance (excluding sick leave) below 120 hours.

Section 4-3 - Sick Leave
Paid sick leave shall not be considered a right which an employee may use at his or her discretion. Sick leave shall be used by employees for the following: (1) Diagnosis, _______________________
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15 care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member; or (2) For an employee who is a victim of domestic violence, sexual assault, or stalking. Family members include the employee’s parent, child, spouse, registered domestic partner, grandparent, grandchild, sibling or designated person.

When the need for sick leave is foreseeable, an employee must personally give the employee's supervisor as much advance notice as possible of the need to take sick leave. When the need for sick leave is not foreseeable, and except as otherwise required by law, an employee must personally give the employee's supervisor notice of the need to take sick leave as soon as practical. When possible, such notice shall be given before the start of the employee's scheduled workday and prior to the start of each additional workday thereafter that the employee is absent. If it is impossible for the employee to notify his or her supervisor, the employee must notify his or her Director. In addition, all absences shall be reported in accordance with departmental policies.

The City reserves the right to request verification for any absence due to illness or disability if circumstances indicate that the employee is not requesting paid sick leave for a valid purpose.

Eligible employees earn paid sick leave based on hours worked or hours paid (e.g., when an employee is on paid leave). Full-time employees earn sick leave at the rate of eight (8) hours per month. Benefited part-time employees earn sick leave on a prorated basis.

Paid sick leave is not earned (i.e., does not accrue) during unpaid leaves of absence, except as otherwise required by state or federal law.

Full-time and benefited part -time employees hired on or before August 1, 2012 may accumulate sick leave without a limit. Individuals who become full -time employees on or after August 2, 2012 may accumulate a maximum of 800 hours of sick leave.

Individuals who became benefited part -time employees on or after August 2, 2012 may accumulate a maximum of 400 hours of sick leave.

Unbenefited, Seasonal and Variable Hour Employees shall receive forty (40) hours of paid sick leave on January 1st for use during that calendar year. Newly hired Unbenefited, Seasonal and Variable Hour Employees shall receive forty (40) hours of sick leave on their first day of employment. An Unbenefited, Seasonal or Variable Hour Employee may use sick leave beginning on the 90th day of employment. Unused sick hours do not carry over to the next calendar year.
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16 Full-time and benefited part -time employees are not eligible to use sick leave until it has been accrued. Sick leave may only be used in increments of fifteen minutes unless smaller increments are permitted by law. Sick leave must be reported per departmental policy.

Retaliation or discrimination against an employee who uses paid sick leave is prohibited by City policy and California state law.

An employee who returns to work for the City within one year of separation of service will be credited with up to forty (40) hours of sick leave. If the employee separated with less than forty (40) hours of accrued sick leave, then he/she will be credited with the number of hours he/she had accrued at the time of separation.

If an employee has accrued sick leave in their bank, it must be used.

Employees cannot voluntarily go in unpaid status. If an employee’s sick leave is exhausted, other accrued leave may be used at the discretion of the department with Human Resources approval.

Section 4-4 - Payment and Conversion of Accumulated Sick Leave

Full-time and benefited part -time employees may be entitled to convert either 20 or 40 hours of sick leave to an equal amount of vacation time or pay during September.

In order to be entitled to convert, the employee must have at least 212 hours of accumulated sick leave at the time of the annual request, and must have at least 192 hours of accumulated sick leave after the conversion during the last pay period in September.

An employee whose employment with the City terminates or is terminated before the last day of the last pay period in September is not eligible to convert sick leave, including on a prorated basis.

Section 4-5 - Jury Duty
Full-time and benefited part -time employees who have received a summons for jury duty during their normal working hours shall be deemed on duty and shall receive their regular pay for up to a maximum of ten (10) calendar days of jury service. In some circumstances, exempt employees may be required to be compensated beyond ten days under the provisions of state or federal law.

An employee who volunteers for jury duty, or who serves on a grand jury, will not _______________________
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17 be paid for that time by the City.

If an employee is required to serve on jury duty, the employee must notify his or her supervisor of the need for time off for jury duty as soon as a notice or summons from the court is received. An employee must present a verification from the court clerk of having served on jury duty in order to qualify for pay. Employees will be expected to report or return to work for the remainder of their work schedule on any day they are dismissed from jury duty. Employees shall maintain their normal work schedule and may not alter their work schedule and/or flex their time off while serving on jury duty.

Employees who are scheduled to work a night shift assignment are not required to report or return to work on a day they report to jury duty. Employees working the night shift should contact Human Resources for specific assistance in coordinating jury duty with their schedule.

Section 4-6 - Other Court Appearances
Any employee who is called as a witness in a trial, deposition or other legal proceeding, arising out of or related to the course of his or her employment, shall be deemed to be on duty and shall receive pay for the time so engaged. An employee absent as a witness for a non -job related purpose shall not be entitled to pay during such absence. Exceptions to this rule can only be made on the written authorization of the appointing authority. Employees may request such an exception by submitting the appropriate form to the City Attorney’s office, prior to the required appearance. In some circumstances, exempt employees may be required to be compensated under the provisions of state or federal law when absent as a witness for a non -job-related purpose.

Section 4-7 - Bereavement/Reproductive Loss Leave
Full-time and benefited part -time employees are permitted to take f ive (5) days leave upon the occurrence of a qualifying death or reproductive loss event.

Bereavement leave may be taken if the employee’s absence from work is necessitated by the death of a member of the employee’s Immediate Family. Full -Time employees shall receive up to three (3) paid days for bereavement. Benefited Part-Time employees receive Bereavement Leave on a prorated basis. If an employee has exhausted paid bereavement leave, the employee may use other available leave time, such as sick leave or other compensatory time off. Such paid sick leave (or other compensatory time _______________________
Updated and Rev. 06/2024
18 off) will run concurrently with leave taken pursuant to this section.

Qualifying death definition: Immediate family shall be defined as the death of an employee’s spouse, domestic partner, child, stepchild, parent, parent -in-law, grandparent, grandchild, brother, sister, mother/father -in-law, son or daughter -in-law, brother or sister -in-law, legal guardian, or custodial child, or the same relatives of a domestic partner, any relative by blood or marriage who is a member of the employee’s household, domestic partner, and any parent, grandparent, spouse, child, brother or sister of the employee, or the parent, brother or sister of the employee’s spouse, ex - spouse, or deceased spouse, regardless of residence or employee’s current marital status.

Reproductive loss definition: any failed adoption, failed surrogacy, miscarriage, stillbirth or unsuccessful assisted reproduction by the employee, the employee’s current spouse or domestic partner, or by another individual if the employee would have been a parent of a child had the reproductive loss not occurred.

Bereavement/Reproductive Loss leave may be taken on non -consecutive days but must be completed within three (3) months of the date of death or reproductive loss.

For leave related to a reproductive loss, employees may take multiple leaves for subsequent reproductive losses. However, employees are limited to a total of twenty (20) days of reproductive loss leave in a twelve (12) month period. Further, employees receive three (3) paid days of reproductive loss leave each calendar year. If an employee has exhausted this paid reproductive loss leave, the employee may use other available leave time, such as sick leave or other compensatory time off, for a subsequent reproductive loss. Such paid sick leave (or other compensatory time off) will run concurrently with leave taken pursuant to this section.

Employees will be required to provide documentation of the death of the qualifying family member within 30 days of the first day of leave. Documentation includes, but is not limited to: a death certificate, a published obituary, or written verification of death, burial or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution or governmental agency.

Employees will not be required to provide documentation of a reproductive loss and City will not request documentation.

Section 4-8 - Time for Voting
Employees who do not have sufficient time outside of their regular working hours _______________________
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19 to vote in a statewide election may request time off to vote from his/her supervisor. If possible, employees should make their request at least two (2) days in advance of the election. Up to two hours of paid time off will be provided at the beginning or end of the employee's regular shift, whichever will allow the most free time for voting and the least time off work.

Section 4-9 Relay Appointment
The Appointing Authority may, without specific City Council approval to amend the Authorized Full-Time List, permit the simultaneous appointment of two employees to one budgeted position within the Classified Service to allow for an employee departing from that position to train an employee newly appointed to that position. Such “relay appointment” can be made only where the departing employee has provided the City with a written and irrevocable notice of retirement or resignation. A relay appointment may not exceed 60 days.

SECTION 5 - OTHER TIME OFF

Section 5-1 - Time Off To Attend School Activities
An employee who is a parent, guardian or grandparent with custody of a child in kindergarten or grades 1 -12, inclusive, or attending a licensed child day care facility, who wishes to take time off to participate in activities of the school or child care facility, may take off up to eight (8) hours each calendar month (up to a maximum of forty (40) hours each school year), per child. The employee must give reasonable notice to his or her supervisor of the planned absence and use existing vacation, administrative leave, compensatory time or floating holiday accrued for this purpose. Otherwise, such time off for nonexempt employees is unpaid. For exempt employees, such time off may be paid or unpaid as provided by applicable law. The City requires documentation from the school noting the date and time of the employee’s visit.

If both parents of a child work for the City, only one parent (the first to provide notice) may take the time off unless the City approves both parents taking time off simultaneously.

An employee may also be granted time off to attend a school conference involving the possible suspension of his or her child.

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20 Section 5-2 - Leave Related To Domestic Violence or Sexual Assault Leave for Victims of Domestic Violence, Sexual Assault, Stalking or Other Crimes to Obtain Restraining Orders or Injunctive Relief : Any employee who is a victim of domestic violence, sexual assault, stalking, or other crime may take leave from work to obtain or attempt to obtain any relief, including, but not limited to: a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the employee or their child, if the employee provides advance notice of the need for leave. If advance notice is not feasible, the employee must provide any of the following certifications within a reasonable time after the leave: a police report indicating that the employee was a victim; a court order protecting the employee from the perpetrator; evidence from the district attorney or court that the employee has appeared in court; or documentation from a health care provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuse. The leave is unpaid unless the employee elects to use Healthy Workplace Healthy Family Act of 2014 sick leave, accrued vacation or paid leave, or other compensatory time off.

Leave for Victims of Domestic Violence, Sexual Assault, Stalking or Other Crimes to Obtain Medical Attention or Counseling or Safety Planning : Any employee who is a victim of domestic violence, sexual assault, stalking, or other crime, may take leave from work to attend to any of the following: obtaining medical attention or psychological counseling; obtaining services from a shelter, program or crisis center; or participating in safety planning or other actions to increase safety, if the employee provides advance notice of the employee’s intention to take time off for these purposes.

If advance notice is not feasible, the employee must provide any of the following to the City within a reasonable time after the leave: a police report indicating that the employee was a victim; a court order protecting the employee from the perpetrator; evidence from the district attorney or court that the employee has appeared in court; or documentation from a health care provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuse. The leave is unpaid unless the employee elects to use Healthy Workplace Healthy Family Act of 2014 sick leave, accrued vacation or personal leave, or compensatory time off.

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21 Section 5-3 - Crime Victims' Leave
The City will provide unpaid time off to an employee to attend judicial proceedings related to a crime, if that employee is a victim of crime, an immediate family member (as defined by law) of a victim, a registered domestic partner of a victim, or the child of a registered domestic partner of a victim. The City requires that where feasible, in advance of taking leave, the employee provide Human Resources with a copy of the notice of each scheduled proceeding that is provided to the victim by the agency responsible for providing notice. If advance notice is not possible, the employee is required to provide Human Resources with a copy of the notice within a reasonable time. Employees may use existing vacation, administrative leave, compensatory time or floating holiday accrued hours for this purpose. Otherwise, such time off for nonexempt employees is unpaid. For exempt employees, such time off may be paid or unpaid as provided by applicable law. If an employee is a victim of a crime and is called to testify in a legal proceeding, the employee may be paid in accordance with the benefits provided for in the section herein entitled “Other Court Appearances.” Section 5-4 - Other Time Off
The City will grant other time off as required by law. The employee will provide reasonable advance notice and written verification of the need for such time off. If time off is taken due to an emergency the employee within a reasonable amount of time will provide appropriate verification as required by the City.

SECTION 6 - LEAVES OF ABSENCE

Section 6-1 - General Provisions
The appointing authority may grant a leave of absence in certain circumstances.

An employee is required to notify his or her supervisor and Human Resources in writing as soon as he or she becomes aware of a need for a leave of absence. The appointing authority will consider the request in accordance with applicable law and the City's leave policies. An employee will be notified whether the leave request is granted or denied. If an employee is granted leave, he or she must comply with the terms and conditions of the leave including keeping in touch with his or her supervisor and Human Resources during the leave and giving prompt notice if there is any change in the return date.

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22 for unemployment insurance while on a leave of absence. Acceptance of other employment while on leave may be treated as a voluntary resignation from employment at the City. Misuse of a leave of absence is also prohibited. Misuse of leave includes not returning to work from a leave when the reason the leave was granted no longer exists and using leave for a purpose for which it was not granted. For instance, if an employee is granted leave for two weeks to take care of an ill family member but the employee goes on vacation, or after one week the family member is no longer ill and the employee fails to return to work, the employee has misused the leave.

Benefits, such as vacation and paid sick leave, will not accrue during the unpaid portion of any leave of absence. Except as otherwise provided herein, or by law, upon timely return from a leave of absence, an employee will be credited with the full employment status that existed prior to the start of the leave. An employee will not receive credit for the time he or she was on leave during the unpaid portion of any leave, except that the employee will retain his or her original date of hire.

If an employee does not return to work from the leave prior to or immediately upon the expiration of the leave granted by the appointing authority, the employee will not be reinstated to employment with the City and will be considered to have voluntarily resigned from employment, unless the employee has requested and been granted an extension of leave, or additional leave. Any request for an extension of leave or for additional leave must be made in writing prior to the original expiration of the leave. Any such request received after the original expiration of leave will not be granted. The appointing authority may refuse to grant an extension or request for additional leave in its sole discretion except as otherwise provided by law.

The City will not continue to pay for the premiums for group health insurance for employees or their eligible dependents during the time the employee is on a leave of absence except as required herein, or by law. Prior to starting any leave of absence an employee must make all necessary arrangements with Human Resources to pay the required insurance premiums. An employee's failure to make the required arrangements may result in loss of insurance coverage for the employee and dependents.

Depending on the circumstances described in this Salary and Benefits Policy, an employee is required to use, or may elect to use, and in one circumstance an employee is prohibited from using, accrued paid sick and vacation leave, and other accrued paid leaves (floating holidays, compensatory time, and administrative leave) during the _______________________
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23 otherwise unpaid portion of the leave of absence.

Any sick, vacation or other accrued leave payments made to an employee will be integrated with any wage replacement benefits (such as workers’ compensation and disability insurance wage replacement benefits) an employee receives, so that the sum of wage replacement benefits and accrued leave benefits an employee receives while on a leave of absence will not be more than his or her regular compensation if the employee was not on leave.
“Regular compensation” for an exempt employee means the employee’s weekly salary and for a nonexempt employee means the employee’s hourly rate times the number of straight time hours normally worked by the employee during the workweek.

Any employee on leave is required to notify promptly Human Resources upon receipt of all checks for wage replacement benefits such as workers' compensation or disability insurance wage replacement benefits. The employee must also promptly send a copy of the checks to Human Resources and provide Human Resources any other information or documents requested. Once Human Resources receives and processes the required and requested documents and notifications, the employee will be paid the amount of sick, vacation, or other paid accrued leave that will result in the employee receiving the amount of regular compensation that the employee received before the leave of absence, but no more.

The payment of accrued paid leaves by the City will reduce the amount of such accumulated leave available to the employee by the amount of leave paid, converted into hours based upon the regular straight time hourly rate then paid to a nonexempt employee. For an exempt employee, the conversion will be based upon an hourly rate calculated by dividing the employee’s weekly salary by forty.

The City’s payments of accrued paid leaves to an employee on leave will be made in arrears on the City’s established pay dates, and such payments are subject to verification by the City of whether the employee did or did not receive wage replacement benefits.

The City's leave of absence policies are not intended to conflict with applicable law. If there should be any conflict between th ese policies and the provisions of applicable law, those laws are controlling over these policies.

Section 6-2 - Family Care and Medical Leave

1. INTRODUCTION: To the extent not already provided for under current leave

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24 policies and provisions, the City will provide family and medical care leave for eligible employees as required by state and federal law. The following provisions set forth certain rights and obligations with respect to such leave. Rights and obligations not specifically set forth below are set forth in the Department of Labor regulations of the California Family Rights Act (“CFRA”) and the Family and Medical Leave Act (“FMLA”). Unless otherwise provided in this policy, “Leave” under this article shall mean leave pursuant to the FMLA and CFRA.

Unless otherwise provided by law, the City will run each employee’s FMLA and CFRA leaves concurrently.

2. DEFINITIONS

A. “12-Month Period” means a rolling 12 -month period measured backward from the date leave is taken and continuous with each additional leave day taken.

B. “Child”

1. Under the FMLA “child” means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self -care because of a mental or physical disability. An employee’s child is one for whom the employee has actual day -to-day responsibility for care and includes, a biological, adopted, foster or stepchild, or a child of a person standing in place of a parent. A child is “incapable of self -care” if he/she requires active assistance or supervision to provide daily self-care in three or more of the activities of daily living or instrumental activities of daily living – such as, caring for grooming and hygiene, bathing, dressing and eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using a telephone and directories, etc.

2. Under the CFRA, “child” means a child, including a child who is 18 years of age or older who is capable of self -care. An employee’s child means a biological, adopted, foster, step -child, legal ward, a child of a domestic partner, or a person whom the employee stands in loco parentis.

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25 C. “Designated Person” means someone other than the employee’s spouse, parent, child, registered domestic partner, grandparent, grandchild, sibling or parent-in-law, with a blood or family -like relationship to the employee.

An employee may identify this individual at the time they request leave.

For purposes of CFRA leave, employees are limited to one designated person per 12-month period.

D. “Parent” means a biological, foster, or adoptive parent, a parent -in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child.

E. “Spouse” means one or two persons to a marriage, regardless of the sex of the persons, and for purpose of CFRA leave, includes a registered domestic partner as defined below.

F. “Domestic Partner” is another adult with whom the employee has chosen to share their life in an intimate and committed relationship of mutual caring and with whom the employee has filed a Declaration of Domestic Partnership with the Secretary of State, and who meets the criteria specified in California Family Code section 297. A legal union formed in another state that is substantially equivalent to the California domestic partnership is also sufficient.

G. “Grandparent” means a parent of the employee’s parent.

H. “Grandchild” means a child of the employee’s child.

I. “Sibling” means a person related to the employee by blood, adoption, or affinity through a common legal or biological parent.

J. “Serious health condition” means an illness, injury impairment, or physical or mental condition that involves:

1. Inpatient Care (i.e. an overnight stay) in a hospital, hospice, or resi -

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26 dential medical facility, including any period of incapacity (i.e. inability to work, or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom); or

2. Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
a. A period of incapacity (i.e. inability to work, or perform other regular daily activities due to serious health condition of more than three consecutive calendar days, and may subsequent treatment or period of incapacity relating to the same condition, that also involves:

i. Treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision by a health care provider, or by a provider of health care services (e.g. a physical therapist) under order of, or on referral by a health care provider: or

ii. Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider. This includes for example, a course of prescription medication or therapy requiring special equip ment to resolve or alleviate the health condition. If the medication is over the counter, and can be initiated without a visit to a health care provider, it does not constitute a regimen of continuing treatment.

3. Any period of incapacity due to pregnancy or for prenatal care. (This entitles the employee to FMLA leave, but not CFRA leave.

Under California law an employee disabled by pregnancy is entitled to pregnancy disability leave.)

4. Any period of incapacity or treatment for such incapacity due to a

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27 chronic serious health condition. A chronic serious health condi tion is one which:
a. Requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider;

b. Continues over an extended period of time (including recurring episodes of a single underlying condition); and

c. May cause episodic rather than a continuing period of inca - pacity (e.g. asthma, diabetes, epilepsy, etc.). Absences for such incapacity qualify for leave if the absence lasts only one day.

5. A period of incapacity that is permanent or long -term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by a health care provider.

6. Any period of absence to receive multiple treatments (includ ing any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment.

K. “Health Care Provider” means any of the following:

1. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State of California;

2. Individuals duly licensed as physician, surgeon, or osteopathic physician or surgeon in another state of jurisdiction, including

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28 another country, who directly treat or supervises treatment of a serious health condition;

3. Podiatrists, dentists, clinical psychologists, optometrists, and chiro - practors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X -ray to exist) authorized to practice as defined under California State law;

4. Nurse practitioners and nurse -midwives and clinical social workers who are authorized to practice under California State law and who are performing within the scope of their practice as defined under California State law;

5. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; and

6. Any health care provider from whom an employer or group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits.

L. “Covered active duty” means: (1) in the case of a member of a regular component of the Armed Forces, duty during deployment of the member with the Armed Forces to a foreign country; or (2) in the case of a member of the reserve component of the Armed Forces, duty during the deployment of members of the Armed Forces to a foreign country under a call or order to active duty under certain specified provisions.

M. “Covered Service Member” means: (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or (2) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces, including a member of the National

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29 Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.

N. “Outpatient Status” means, with respect to a covered service member, the status of a member of the Armed Forces assigned to either: (1) a military medical treatment facility as an outpatient; or (2) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

O. “Next of Kin of a Covered Service Member” means the nearest blood relative other than the covered service member’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as their nearest blood relative for purposes of military caregiver leave under the FMLA.

P. “Serious Injury or Illness” means: (1) in the case of a member of the Armed forces, including a member of the National Guard or reserves, means an injury or illness that a covered service member incurred in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by the service in the line of duty on active duty in the Armed Forces) and that may render the service member medically unfit to perform the duties of the member’s office, grade, rank, or rating; or (2) in the case of a veteran who was a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.

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30 3. REASONS FOR LEAVE: Leave is only permitted for the following reasons:

A. The birth of a child or to care for a newborn of an employee.

B. The placement of a child with an employee in connection with the adoption or foster care of a child.

C. Leave to care for a child, parent or a spouse who has a serious health condition.

D. Under CFRA only, leave is also permitted to care for a domestic partner, grandparent, grandchild, sibling or designated person who has a serious health condition. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA.

E. Leave because of a serious health condition that makes the employee unable to perform any one or more essential functions of his/her position.

F. Leave for a variety of “qualified exigencies” arising out of the fact that an employee’s spouse, son, daughter, or parent is on a active duty or call to active duty status in the National Guard or Reserves in support of the contingency operation.

G. Under the CFRA only, leave for a variety of “qualified exigencies” arising out of the fact that an employee’s domestic partner is on active duty or call to active duty status in the National Guard or Reserves in support of the a contingency operation. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA.

H. Leave to care for a spouse, son, daughter, parent, or “next of kin” who is a covered service member of the U.S. Armed Forces who has a serious injury or illness: incurred in the lined of duty while on active military duty; or existed before the beginning of the member’s active duty and was

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31 aggravated by service in the line of duty on active duty in the Armed Forces. This leave can run up to 26 weeks of unpaid leave during a single 12-month period.

4. EMPLOYEE ELIGIBLE FOR LEAVE : An employee is eligible for leave if the employee:

A. Has been employed for at least 12 months; and

B. Has been employed for at least 1,250 hours during the 12 -month period immediately preceding the commencement of the leave.

C. For FMLA leave eligibility, the City directly employs at least 50 full or part - time employee within a 75-mile radius for each working day during each of the 20 or more calendar workweeks in the current or preceding calendar year. The workweeks do not have to be consecutive. The phrase “current or preceding calendar year” refers to the calendar year in which the employee requests the leave or the calendar year preceding this request.

5. AMOUNT OF LEAVE: Eligible employees are entitled to a total of 12 workweeks (or 26 weeks to care for a covered service member) of leave during any 12 - month period. If FMLA leave qualifies as both military caregiver leave and care for a family member with a serious health condition, the leave will be designated as military caregiver leave first.

A. Minimum Duration of Leave: If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be conducted within one year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of these purposes (e.g. bonding with a newborn) for at least one day, but less than two weeks duration on any two occasions.

If leave is requested to care for a child, parent, spouse, domestic partner,

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32 grandparent, grandchild, sibling or the employee him/herself with a serious health condition, there is no minimum amount of leave that must be taken.

However, the notice and medical certification provisions of this policy must be complied with.

B. Parents both Employed by the City: If both parents of a child, adoptee, or foster child are employed by the City and are entitled to bonding leave, the aggregate number of workweeks of FMLA leave to which both may be entitled may be limited to 12 workweeks during any 12 -month period; and each parent is entitled to take 12 workweeks of CFRA leave during any 12-month period.

If both parents of a covered service member are employed by the City and are entitled to leave to care for a covered service member, the aggregate number of workweeks of leave to which both may be entitled is limited to 26 workweeks during the 12 -month period. This limitation does not apply to any other type of leave under this policy.

6. EMPLOYEE BENEFITS WHILE ON LEAVE : Leave under this policy is unpaid.

While on leave, employees will continue to be covered by the City’s group health insurance for up to 12 weeks each leave year to the same extent that coverage is provided while the employee is on the job. If the employee is disabled by pregnancy, coverage will continue up to four months each leave year. If an employee disabled by pregnancy also uses leave under the CFRA for baby - bonding, the City will maintain her coverage while she is disabled by pregnancy (up to four months or 17 1/3 weeks) and during her CFRA leave (up to 12 weeks).

If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of continuation, recurrence, or onset of a serious health condition of the employee or his/her family member which would entitle the employee leave, or because of circumstances beyond the employee’s control.

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33 7. SUBSTITUTION OF PAID ACCRUED LEAVES: While on leave under this policy, as set forth herein, an employee may elect to concurrently use paid accrued leaves and the City will require an employee to concurrently use paid accrued leaves during FMLA and/or CFRA leave. The City may also require an employee to use Family and Medical Care Leave concurrently with a non -FMLA/CFRA leave which is FMLA/CFRA –qualifying.

8. EMPLOYEE’S RIGHT TO USE PAID ACCRUED LEAVES CONCURRENTLY WITH FAMILY LEAVE : Where an employee has earned or accrued paid vacation, administrative leave, compensatory time, or personal or family leave (in accordance with the City Salary and Benefits Policy and California Labor Code Section 233), that paid leave may be substi tuted for all or part of any (otherwise) unpaid leave under this policy.

As for sick leave, an employee is entitled to use sick leave concurrently with leave under this policy if:

A. The leave is for the employee’s own serious health condition; or

B. The leave is needed to care for a parent, spouse, domestic partner, child, grandparent, grandchild, sibling, or designated person with a serious health condition.

9. CITY’S RIGHT TO REQUIRE AN EMPLOYEE TO USE PAID LEAVE WHEN USING FMLA/CFRA LEAVE : Employees must use and exhaust their accrued leaves concurrently with FMLA/CFRA leave to the same extent that employees have the right to use their accrued leaves concurrently with FMLA/CFRA.

10. CITY’S RIGHT TO REQUIRE AN EMPLOYEE TO EXHAUST FMLA/CFRA LEAVE CONCURRENTLY WITH OTHER LEAVES: If an employee takes a leave of absence for any reason which is FMLA/CFRA qualifying, the City will designate that leave as running concurrently with the employee’s 12 -week FMLA/CFRA leave entitlement.

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34 11. CITY’S AND EMPLOYEE’S RIGHTS IF AN EMPLOYEE REQUESTS ACCRUED LEAVE WITHOUT MENTIONING EITHER THE FMLA OR CFRA: If an employee requests to use accrued vacation leave or other accrued paid time off without reference to a FMLA/CFRA -qualifying purpose, the City may not ask the employee if the leave is for a FMLA/CFRA qualifying purpose. However, if the City denies the employee’s request and the employee provides information that the time off is for a FMLA/CFRA -qualifying purpose, the City may inquire further into the reason for the absence. If the City has a reasonable belief that leave involves a FMLA/CFRA -qualifying purpose, City will inquire further into the reason for the absence. If the reason is FMLA/CFRA qualifying, the City may require the employee to exhaust accrued leave as described above.

12. MEDICAL CERTIFICATION:

A. Employees who request leave must provide a medical certification and/or recertification to support the need for the leave as described below:

i. Employee’s Own Serious Health Condition: Employees who request leave for their own serious health condition must provide written certification from the health care provider that contains all of the following: the date, if known, on which the serious health condition commenced; the probable duration of the condition; and a statement that, due to the serious health condition, the employee is unable to work at all or is unable to perform any one or more of the essential functions of their position. Upon expiration of the time period the health care provider originally estimated that the employee needed for their own serious health condition, the employee must obtain recertification if additional leave is requested.

ii. Family Member or Designated Person (CFRA) Serious Health Condition: Employees who request leave to care for a child, parent, domestic partner, spouse, grandparent, grandchild, sibling or designated person who has serious health condition must provide

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35 written certification from the health care provider of the family member/designated person requiring care that contains all of the following: the date, if known, on which the serious health condition commenced; the probable duration of the condition; an estimate of the amount of time which the health care provider believes the employee needs to care for the child, parent, domestic partner, spouse, grandparent, grandchild, sibling or designated person and a statement that the serious health condition warrants the participation of the employee to provide care during a period of treatment or supervision of the child, parent, domestic partner, spouse, grandparent, grandchild, sibling or designated person. The term “warrants the participation of the employee” includes, but is not limited to, providing psychological comfort, and arranging third party care for the covered family member, as well as directly providing, or participating in, the medical care. Upon expiration of the time period the health care provider originally estimated that the employee needed to care for a covered family member, the employer must obtain recertification if additional leave is requested.

iii. Service member Serious Injury or Illness: Employees who request FMLA leave to care for a covered service member who is a child, spouse, parent or “next of kin” of the employee, must provide written certification from a health care provider regarding the injured service member’s serious injury or illness. The City will verify the certification as permitted by the FMLA regulations.

iv. Qualifying Exigency: The first time an employee requests leave because of a qualifying exigency, an employee may require the employee to provide a copy of the military member’s active -duty orders or other documentation issued by the military which indicates that the military member is on covered active duty or call to active duty status in a foreign country, and the dates of the military member’s active duty service. A copy of the new active -duty orders or similar

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36 documentation shall be provided to the City if the need for leave because of a qualifying exigency arises out of a different active duty or call to active-duty status of the same or a different military member.

The City will verify the certification as permitted by the FMLA and CFRA regulations.

B. Time To Provide a Certification: When an employee’s leave is foreseeable and at least 30 days’ notice has been provided, the employee must provide the certification before the leave begins. When this is not possible, the employee must provide the requested certification to the City within the time frame requested by the City (which must allow at least 15 calendar days after the City request), unless it is not practicable under the particular circumstances to do so despite the diligent, good faith efforts of the employee.

C. Consequences For Failure To Provide An Adequate or Timely Certification: If an employee provides an incomplete medical certification, the employee will be given a reasonable opportunity to cure any such deficiency. However, if an employee fails to provide a medical certification within time frame established by this policy, the City may delay the taking of FMLA/CFRA leave until the required certification is provided or deny FMLA/CFRA protections following the expiration of the time period to provide an adequate certification.

D. City’s Review of the Content of Medical Certification for Employee’s Own Serious Health Condition:

i. Complete and Sufficient: The employee must provide a certification for their own serious health condition that is complete and sufficient to support the request for leave. A certification is incomplete if one or more of the applicable entries on the certification form have not been completed. A certification is insufficient if the information on the certification form is vague, ambiguous, or not responsive. If the certification is incomplete or insufficient, the employee will be given

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37 written notice of the deficiencies and seven days to cure, unless a longer period is necessary in light of the employee’s diligent, good faith efforts to address the deficiencies.

ii. Authentication and Clarification: After giving the employee an opportunity to cure the deficiencies in a medical certification for the employee’s own serious health condition, City may contact the health care provider who provided the certification to clarify and/or authenticate the certification. “Authentication” means providing the health care provider with a copy of the certification form and requesting verification that the information on the form was completed or authorized by the health care provider who signed the form. “Clarification” means contacting the health care provider to understand the handwriting on the medical certification or to understand the meaning of the response. The City may not ask for additional information beyond that required on the certification form.

E. Second and Third Medical Opinions for Employee’s Own Serious Health Condition: If the City has a good faith, objective reason to doubt the validity of a certification for the employee’s serious health condition, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. The City must provide the employee with a copy of the second and third medical opinion, where applicable, without cost, upon the request of the employee.

13. INTERMITTENT LEAVE OR LEAVE ON A REDUCED LEAVE SCHEDULE : If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule for their own serious health condition, or to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. “Medi cally necessary” means there must be a medical need for the leave and that the need

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38 can best be accomplished through an intermittent or reduced leave schedule.

The City may require an employee who certifies the need for a reduced schedule or intermittent leave to temporary transfer to an alternate position of equivalent pay and benefits that better accommodates the leave schedule.

14. EMPLOYEE NOTICE OF LEAVE: Although the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least 30 days’ notice is required. In addition, if an employee knows that he/she will need leave in the future but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee shall inform his/her supervisor as soon as possible that such leave will be needed. Such notice may be orally given. For foreseeable leave due to a qualifying exigency, an employee must provide verbal or written notice of the need for leave as soon as practicable, regardless of how far in advance such is foreseeable. If the City determines that an employee’s notice is inadequate or the employee knew about the requested leave in advance of the request, the City may delay the granting of the leave until it can, in its discre tion, adequately cover the position with a substitute.

15. REINSTATEMENT UPON RETURN FROM LEAVE:

A. Right to Reinstatement: Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and condi tions of employment. Employees have no greater rights to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA period.

B. Date of Reinstatement: If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and the City the employee will be rein stated

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39 within two business days, where feasible, after the employee notifies the employer of his/her readiness to return.

C. Employee’s Obligation To Periodically Report On Their Condition :

Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return.

D. Fitness For Duty Certification ; As a condition of reinstatement of an employee whose leave was due to the employee’s own serious health condition, which made the employee unable to perform his/her job, the employee must obtain and present a fitness -for-duty certification from the health care provider, stating that the employee is able to resume work.

Failure to provide such certification will result in denial of reinstatement.

E. Reinstatement Of “Key Employees” : Under the FMLA only, The City may deny reinstatement to a “key” employee (i.e. an employee who is among the highest paid 10% of all employed by the City within 75 miles of the work site) if such denial is necessary to prevent substantial and grievous economic injury to the operations of the City, and if the employee is notified of the City’s intent to deny reinstatement on such basis at the time the employer determines that such injury would occur. Under the CFRA, the City may not deny reinstatement to a “key” employee during or upon the expiration of CFRA leave.

16. REQUIRED FORMS : Employees must fill out the following applicable forms in connection with leave under this policy:

A. Request For Family or Medical Leave Form.

B. Medical certification – either for the employee’s own serious health condition or for the serious health condition of a child, parent, domestic partner, spouse, grandparent, grandchild, sibling or designated person (CFRA).

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40 C. Fitness for duty to return from leave from the health care provider.

Section 6-3 - Pregnancy Disability Leave

1. An employee who is disabled because of pregnancy, childbirth, or a related medical condition is entitled to an unpaid leave for up to the number of hours she would normally work within four calendar months (one-third of a year or 17 1/3 weeks). For a full-time employee who works 40 hours per week, “four months” means 693 hours of leave entitlement, based on 40 hour per week times 17 1/3 weeks. An employee who works less than 40 hours per week will receive a pro rata or proportional amount of leave.

A. Notice: Requests for pregnancy disability leave must be submitted in writing with reasonable advance notice of the medical need for the leave.

All leaves must be confirmed in writing, have an agreed-upon specific date of return, and be submitted to City’s Human Resources department.

B. Certification: The request for pregnancy disability leave must be supported by a written certification from the attending physician stating that: (1) the employee is disabled from working by pregnancy, childbirth or a related medical condition; (2) the date on which the employee became disabled by pregnancy, childbirth or a related medical condition; and (3) the estimated duration or end date of the leave.

C. Compensation during Leave: Pregnancy disability leaves are without pay.

However, the employee must first use sick leave, if any. Once sick leave is depleted, the employee may elect to use vacation leave or any other accrued paid time off during the leave.

D. Benefits during Leave: Group Health Insurance:
i. Group Health Insurance: An employee on pregnancy disability leave may continue to receive any group health insurance coverage that was provided before her leave, beginning on the date the pregnancy disability leave begins and continuing for up to four

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Updated and Rev. 06/2024
41 months in a 12 -month period, at the same level and under the same conditions that coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. The City may recover premiums it paid to maintain health coverage if an employee does not return to work following pregnancy disability leave, unless the reason for the failure to return is a circumstance beyond her control or the use of the separate right to 12 weeks of bonding leave under the FMLA.

ii. Sick, Administrative and Vacation Leaves: Sick , administrative and vacation leaves do not accrue while an employee is on unpaid pregnancy disability leave.

iii. Employee Status during Leave: The employee retains employee status during the leave. The leave is not a break in service for purposes of longevity or seniority under any collective bargaining agreement or employee benefit plan. Benefits will be resumed upon the employee’s reinstatement in the same manner and at the same levels as provided when the leave began, without any new qualification period, physical exam, or other qualifying provisions.

E. In accordance with the Family Care and Medical Leave Policy, pregnancy leave runs concurrently with FMLA.

F. Reinstatement:
i. Upon the expiration of pregnancy leave, the employee will be reinstated to her original or a comparable position, so long as it was not eliminated for a legitimate business reason during the leave.

ii. If the employee’s original position is no longer available, the employee will be assigned to a comparable, open position.

iii. If upon return from leave an employee is unable to perform the essential functions of her job because of a physical or mental

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Updated and Rev. 06/2024
42 disability, the City will initiate an interactive process with the employee in order to identify a potential reasonable
accommodation in accordance with these Policies.

Upon return from such leave the employee shall submit to the appointing authority a fitness-for-duty certification from her health care provider stating employee is able to resume her job duties with no restrictions or limitations.

Section 6-4 - Military Leave

Military leave will be granted in accordance with federal and state law. An employee requesting leave for this purpose shall promptly provide the City with a copy of the military orders specifying the dates, site and purpose of the activity or mission. Within the limits of such orders, the City may determine when the leave is to be taken and may modify the employee’s work schedule to accommodate the request for leave.

Section 6-5 - Benefits Earned During A Leave of Absence Without Pay An employee on leave of absence without pay shall not earn vacation, holidays, sick leave or administrative leave. Subject to the terms of the group health insurance plans, an employee on a leave of absence without pay may continue to participate in all group insurance plans upon the approval of the appointing authority provided the employee pays the entire premium for the insurance(s) plan(s) except where otherwise required by law or by these policies. Insurance premiums must be paid in advance.

Arrangements for insurance continuation must be made prior to the start of the leave of absence.

SECTION 7 – BENEFITED PART-TIME, UNBENEFITED PART-TIME, SEASONAL

UNBENEFITED PART-TIME AND VARIABLE HOUR EMPLOYEE SALARY,

POLICIES AND FRINGE BENEFITS

Section 7-1 - Salary Increases
Employees may receive salary increases as recommended by the Director and approved by the appointing authority.

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43 Section 7-2 - Policies and Fringe Benefits
All employees are entitled to participate in those benefit programs mandated by law and for which they are otherwise eligible, such as workers' compensation insurance, and are entitled to the protections of the City's workplace policies including those policies barring discrimination , harassment and retaliation in employment and violence in the workplace.

Except as set forth in these policies, Benefited Part -Time, Unbenefited Part - Time, Seasonal Unbenefited Part -Time, and Variable Hour employees are not eligible for, and therefore do not participate in, the fringe benefit programs the City provides to full-time employees. Benefited part -time employees accrue sick leave, holidays and vacation on a prorated basis. Benefited part-time employees may be eligible for benefits as determined by the City Manager. Benefited Part-Time employees hired on or after July 1, 2013 are not eligible for health insurance.

Employee benefits outlined in these policies may be mo dified by the appointing authority.

Section 7-3 - Policies and Fringe Benefits: All Employees The appointing authority may modify or eliminate employee benefits, plans, policies, options and procedures at any time.

SECTION 8 - EXEMPT EMPLOYEES

Section 8-1 - Exempt Employees
Work hours for exempt employees, such as directors and exempt employees, are such as are necessary for completing their duties in a timely and efficient manner including, but not limited to, attendance at all meetings as directed by the City Manager, supervision of employees, coordination of office and City activities, consultation with the City Manager and/or other employees and providing service to the public.

Generally speaking, exempt employees should expect to be at work for all hours that his or her respective offices or work sites are open.

The City recognizes the benefit and need to foster and maintain a strong, professional administrative team. The appointing authority has the discretion to

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44 designate exempt employees in accordance with applicable state and federal law.

Exempt employees are compensated for the successful performance and completion of goals and objectives to meet community needs regardless of the length of the workday or workweek and are exempt from the overtime pay requirements of applicable law.

The terms of this section and the exempt salary and leave plan shall apply to only those exempt employees specifically designated by the appointing authority.

Section 8-2 - Exempt Employee Compensation
The appointing authority shall have the sole discretion to determine the level of compensation paid to exempt employees. The placement, advancement or reduction of an individual within the salary range or salary level shall be determined only after a review by the appointing authority to determine the extent to which the exempt employee has met the expectations and objectives of his or her respective job. The appointing authority also shall consider the degree to which an exempt employee has been of positive value to the effectiveness of the City's administrative team. An exempt employee’s current salary or a salary advancement shall be neither automatic nor a matter of right, but based solely upon merit and performance.

Section 8-3 - Administrative Leave for Exempt Employees

Except as to Director/Executive Management employees, employees the City classified as exempt on or before August 3, 2011, accrue administrative leave bi-weekly at the rate of 96 hours each fiscal year; and employees the City classified as exempt after August 3, 2011, accrue administrative leave bi-weekly at the rate 80 hours each fiscal year. Pursuant to Resolution 2023-037, all Director/Executive Management employees accrue administrative leave at the rate of 3.7 hours per pay period (96 hours annually).

Administrative leave accrual is based on hours worked or hours paid (e.g. when an employee is on paid leave).

An employee who the City classified as exempt on or before August 1, 2012, accumulates administrative leave without limit. An employee who the City classified as exempt after August 1, 2012, can accumulate a maximum of 240 hours of administrative leave. Once this maximum amount is accumulated, the employee ceases accruing any additional administrative leave. An employee resumes accruing administrative leave

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45 after using administrative leave and thereby reducing the amount accumulated below the maximum.

Administrative leave may be used at any time during the year with approval of the appointing authority. Exempt employees will be paid for unused administrative leave upon termination.

If a nonexempt employee becomes exempt and begins to accrue administrative leave, the employee’s accrued compensatory time (comp time) shall be paid out at this time.

SECTION 9 - ADMINISTRATIVE INSTRUCTIONS

Section 9-1 - Additional Policies, Rules and Regulations The appointing authority may, by administrative instruction, establish and publish policies, rules, regulations and procedures , consistent with the requirements of the Palmdale Municipal Code and these policies, to further guide employees in their workplace related conduct, to deal with other personnel and employment relationships, to implement and carry out these policies and to assist in enforcing of the principles and provisions of the City's Human Resources policies.

Section 9-2 - Administrative Instructions
Employees shall comply with all administrative instructions. Failure to comply with any administrative instruction may be grounds for discipline up to and including termination.

SECTION 10 - ANTI-HARASSMENT RULE

The Appointing Authority shall establish and implement anti -harassment, discrimination and retaliation policies and procedures in accordance with federal and state law. The policies established by the Appointing Authority may be overridden by an MOU or by City Council Resolution.

SECTION 11 - HEALTH AND SAFETY

The Appointing Authority shall establish and implement health and safety policies

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46 and procedures in accordance with federal and state law including a Workplace Violence Prevention Policy and a Workplace Drug and Alcohol Policy. The policies established by the Appointing Authority may be overridden by an MOU or by City Council Resolution.

SECTION 12 - CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CalPERS)

A. Introduction . Eligible full -time employees and eligible benefited part -time employees of the City will be enrolled in CalPERS.

B. City Employees / Members of CalPERS hired on or before April 10, 2011 .

City employees / members of CalPERS will pay the entire Employee Contribution of 8%.

C. City Employees / Members of CalPERS hired during the period from on or after April 11, 2011 to and including December 31, 2012 . City employees / members of CalPERS will pay the entire Employee Contribution of 7%.

D. City Employees / Members of CalPERS hired on or after January 1, 2013.

Based on CalPERS membership status, City employees / members of CalPERS will pay the entire Employee Contribution of either 7.75% or 7%.

City Council Staff Report
DATE: JUNE 26, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT

LEGISLATIVE AFFAIRS DIVISION
DISTRICT: 4
SUBJECT: ADOPT RESOLUTION NO. CC 2024-063, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALMDALE APPROVING THE

APPLICATION(S) FOR SPECIFIED GRANT FUNDS FROM THE
BUDGET ACT OF 2023, 19.561(B)(14), AS CLARIFIED BY
ASSEMBLY BUDGET COMMITTEE LETTER DATED MAY 8, 2024:

IMPROVEMENTS AND MAINTENANCE TO ANY CITY PARK IN THE

CITY OF PALMDALE

RECOMMENDATION
Staff recommends that the City Council:

1. Adopt Resolution No. CC 2024-063 approving the application (s) for Specified Grant funds from the Budget Act of 2023, 19.61(B)(14), as clarified by the Assembly Budget Committee letter dated May 8, 2024: Improvements and Maintenance to any City Park in the City of Palmdale;

2. Authorize the City Manager or her designee to negotiate, finalize, sign , and submit all necessary documents for grant funds; and,

3. Appropriate grant funds in the amount of $260,000.

BACKGROUND
Assemblymember Juan Carrillo (AD -39) has allocated $260,000 from the Fiscal Year 2023-2024 California State Budget to enhance and maintain a local City park. City Staff has designated Yellen Park as the beneficiary of this funding. The State Department of Parks and Recreation will administer the grant.

DISCUSSION
The $260,000 Local Assistance Specified Grant will be utilized for various enhancements at Yellen Park, including soccer field upgrades, landscape enhancements, and infrastructure improvements.

To proceed with the grant acceptance and utilization, the following steps are required:

Report to Mayor and City Council
Re: Adopt Reso. No. CC 2024-063
June 26, 2024

Page 2 ends

1. City Council to adopt a Resolution authorizing the acceptance of the grant and submit it to the State Department of Parks and Recreation;

2. City Manager to execute the contract between State Department of Parks and Recreation and City of Palmdale; and,

3. City to complete and submit application packet to State Department of Parks and Recreation for approval. This step will initiate the grant payment process.

The City’s acceptance of this grant will significantly enhance recreational space at Yellen Park for the community. Approval of the necessary Resolution and submission of the application packet are essential next steps to ensure the timely receipt and appropriate use of the funds.

FISCAL IMPACT
$260,000 revenue; the Local Assistance Specified Grant will be awarded on a reimbursement basis. Funds are to be budgeted in Account No. P0176241-724525-1990.

This grant program does not require matching funds.

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.

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: Terrie Zayas, City Council Chief of Staff
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney

ATTACHMENTS
Reso. No. CC 2024-063

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2024-063

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE

APPROVING APPLICATION(S) FOR SPECIFIED GRANT FUNDS FROM THE BUDGET ACT OF 2023, 19.561(B)(14), AS CLARIFIED BY
ASSEMBLY BUDGET COMMITTEE LETTER DATED MAY 8, 2024:

IMPROVEMENTS AND MAINTENANCE TO ANY CITY PARK IN THE
CITY OF PALMDALE.

WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of a grant to the City of Palmdale, setting up necessary procedures governing application(s); and
WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant’s governing body to certify by resolution the approval of project application(s) before submission of said application to the State; and WHEREAS, the applicant will enter into a contract with the State of California to complete project(s);

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

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

SECTION 1 . Approves the filing of project application(s) for specified grant project(s); and
SECTION 2. Certifies that said applicant has or will have available, prior to commencement of project work utilizing specified grant funds, sufficient funds, including those provided by this grant, to complete the project; and SECTION 3. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in this Procedural Guide; and SECTION 4. Delegates the authority to the City Manager, or designee to conduct all negotiations, sign and submit all documents, including, but not limited Resolution No. CC 2024-063

Page 2 of 2 ends

to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the project scope(s); and SECTION 5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

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

PASSED, APPROVED and ADOPTED this 26th day of June, 2024. _________________________________
Approved as to form: Austin Bishop, Mayor
ATTEST:
___________________________ _________________________________ William P. Curley, III Rochelle Scott, City Clerk
City Attorney
I, Rochelle Scott, City Clerk of the City 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 ______ day of _____________, 20___ by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Rochelle Scott, City Clerk
City Council Staff Report
DATE: JUNE 26, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT

MAINTENANCE DIVISION
DISTRICT: ALL
SUBJECT: AWARD INVITATION FOR BID AND APPROVE REQUISITION WITH HASA, INC. FOR POOL CHEMICAL SUPPLIES IN AN AMOUNT NOT
TO EXCEED $212,500 FOR FISCAL YEAR 2024-2025

RECOMMENDATION
Staff recommends that the City Council:

1. Award Invitation for Bid No. 24-003-3400 for pool chemical supplies to Hasa, Inc.;

2. Approve Requisition No. 250001 with Hasa, Inc. for pool chemical supplies in an amount not to exceed $212,500; and,

3. Authorize the City Manager or her designee to approve the requisition and resulting purchase order with Hasa, Inc. , including minimal and/or non - substantial changes.

BACKGROUND
The City’s Aquatics Maintenance division manages four City pools and DryTown Water Park. Supplies, such as chlorine, acids, and other chemicals, are essential for maintaining the water quality of these sites and providing a safe, sanitary environment for the public.

The use of these pool chemicals is also needed to ensure that the City’s aquatic facilities comply with state and county codes and regulations.

DISCUSSION
The City released Invitation for Bid (IFB) No. 24-003-3400 for pool chemical supplies on March 6 , 2024 . Notification of the IFB release was sent electronically to registered vendors on PlanetBids. The solicitation was also published in the Antelope Valley Press.

Two (2) bids were received on April 8, 2024, and are summarized below:

Report to Mayor and City Council
Re: Approve Requisition 250001 with Hasa, Inc.

June 26, 2024

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Palmdale City CouncilJune 26, 2024

Palmdale City Council
June 26, 2024