Agenda packet, first session — Palmdale City Council, July 1, 2025 (part 1 of 3)

LEGISLATIVE BODY

RICHARD J. LOA, MAYOR

LAURA BETTENCOURT, MAYOR PRO TEM

AUSTIN BISHOP, COUNCILMEMBER

ERIC OHLSEN, COUNCILMEMBER
ANDREA ALARCÓN, COUNCILMEMBER

1. CALL MEETING TO ORDER

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

2. ROLL CALL

MAYOR LOA, MAYOR PRO TEM BETTENCOURT, COUNCILMEMBERS BISHOP,

OHLSEN, ALARC
Ó
N

3. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

4. PRESENTATIONS

4.1 Commendation to Robert Tapia in honor of his retirement from the City of Palmdale.

CITY COUNCIL

SUCCESSOR AGENCY

CITY COUNCIL CHAMBER
38300 SIERRA HIGHWAY

SUITE B
PALMDALE, CA 93550

TUESDAY, JULY
1, 2025
5:00 PM
www.cityofpalmdaleca.gov

WELCOME
City Council
Tuesday, July
1, 2025

5. PUBLIC COMMENTS
The public is allotted to speak a total of three (3) minutes on each section of the agenda i.e. Consent Calendar, Appointment-New Business, and Closed Session. As specified in the Brown Act, a speaker utilizing a translator will receive twice the amount of time specified. Any person who would like to address the Legislative Body on any agendized item may complete a speaker card for the City Clerk and identify the agenda item you would like to discuss.

6. 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.

6.1 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).

6.2 Receive and file the Monthly Investment Activity Reports for May 2025.

SR Monthly Investment Reports May 2025.docx

Rpt. Monthly Investment Reports May 2025.pdf

6.3 Approve the third amendment to agreement with Eide Bailly, LLP. for financial auditing services for an additional $142,347, and a not to exceed amount of $1,159,128, for the remainder of the five-year term, through June 30, 2028.

SR Agrmt No. A-8300 with Eide Bailly LLP.docx

Agrmt No. A-8300 Third Amendment to Agreement with Eide Bailly, LLP.pdf

Agrmt No. A-8300 Second Amendment to Ageement with Eide Bailly, LLP.pdf

Agmt No. A-8300 First Amendment to Eide Bailly, LLP.pdf

Agrmt No. A-8300 Original Agreement with Eide Bailly, LLP.pdf

6.4 Approve agreement with Advantage Mailing LLC for the printing, binding, and bundling of the Palmdale magazine, for a not to exceed amount of $360,000, for a three-year term with the option to extend two additional one-year terms .

SR Agrmt No. A-9272 with Advantage Mailing LLC.docx

Agrmt No. A-9272 with Advantage Mailing LLC.pdf

6.5 Adopt Resolution No. CC 2025-051, a Resolution of the City Council of City of Palmdale recommending City Council modify the Planning Commission's meeting time to 6:00 pm beginning on August 14, 2025.

SR Reso. No. CC 2025-051.docx

Reso. No. CC 2025-051.docx

Reso. No. PC 2025-013.pdf

Reso. No. CC 2025-019.pdf
City Council
Tuesday, July
1, 2025

Reso. No. PC 2025-004.pdf

Reso. No. CC 2009-093.pdf

6.6 Approve Community Workforce Agreement (CWA) by and between the City of Palmdale and Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Local Unions.

SR Agrmt No. A-9406 CWA.docx

Agrmt No. A-9406 Successor CWA.pdf

6.7 Award and approve agreement with Deark E&C, Inc. for construction services for PN 887, Marie Kerr Park Best of The West Concession Stand Project for a total not to exceed amount of $560,995 for a term of 45 working days from the date of the Notice to Proceed.

SR Agrmt No. A-9273 with Deark E&C Inc.docx

Agrmt No. A-9273 with Deark E&C, Inc.pdf

Project Photo.pptx

6.8 Approve Requisition with Walsma Oil Company, Inc. for bulk diesel and unleaded fuel in an amount not to exceed $650,000 for Fiscal Year 2025-26.

SR Req. No. 260000 with Walsma Oil Company Inc.docx

Req. No. 260000 with Walsma Oil Company, Inc.pdf

6.9 Approve change orders to increase purchase orders with Wilbur-Ellis Company and SiteOne Landscape Supply for fertilizer and irrigation and water conservation supplies by a combined $334,488 for a revised total amount not to exceed $821,988 for Fiscal Year 2024-25.

SR Approve Purchase Order Increases for Fertilizer and Irrigation Supplies.docx

Purchase Order No. 20250173 with Wilbur-Ellis Company.pdf

Purchase Order No. 20250174 with SiteOne Landscape Supply.pdf

Purchase Order No. 20250175 with SiteOne Landscape Supply.pdf

6.10 Approve the minutes from the previous meeting.

Mins 06 17 2025.pdf

7. APPOINTMENTS

7.1 Approve Planning Commission Reappointments for Districts 2 and 5.

SR PC Reappointments 2025.docx

8. PUBLIC HEARING

8.1 Introduction and adoption of Ordinance No. 1657, an Ordinance of the City Council of the City of Palmdale approving amendments to Chapter 9.40 of the Palmdale Municipal Code (PMC).

SR Ord. No. 1657.docx
City Council
Tuesday, July
1, 2025

Ord. No. 1657.docx

8.2 Adopt Resolution No. CC 2025-029, a Resolution of the City Council of the City of Palmdale approving the Engineer’s Report and the continuation of the levy and collection of assessments for Fiscal Year 2025-26 for the City of Palmdale Drainage Benefit Assessment Districts No. 1 and No. 2006-02.

SR Reso. No. CC 2025-029.docx

Reso. No. CC 2025-029.docx

Rpt Fiscal Year 2025-26 Engineer's Report Drainage Benefit Assessment Districts.pdf

8.3 Adopt Resolution No. CC 2025-030, a Resolution of the City Council of the City of Palmdale approving the Engineer’s Reports and the continuation of the levy and collection of assessments for Fiscal Year 2025-26 for the City of Palmdale Landscape Maintenance Assessment Districts and Annexations, Park Maintenance and Recreation Improvement District, and Streetlight Maintenance Assessment Districts and Annexations.

SR Reso. No. CC 2025-030.docx

Reso. No. CC 2025-030.docx

Rpt Fiscal Year 2025-26 Final Combined Engineer's Report, Landscape Maintenance Assessment District and Annexations.pdf

Rpt Fiscal Year 2025-26 Engineer's Report, Park Maintenance and Recreation Improvement District.pdf

Rpt Fiscal Year 2025-26 Engineer's Report, Streetlight Maintenance Assessment District and Annexations.pdf

8.4 Adopt Resolution No. CC 2025-031, a Resolution of the City Council of the City of Palmdale updating the Sewer Collection Service Charge and ordering the continuation of the charge for the operation and maintenance of the Palmdale Sewer Collection System for Fiscal Year 2025-26.

SR Reso. No. CC 2025-031.docx

Reso. No. CC 2025-031.docx

Rpt Fiscal Year 2025-26 Sewer Collection Service Charge Report.pdf

9. CITY MANAGER’S REPORT

10. LOS ANGELES COUNTY FIRE DEPARTMENT REPORT

11. NON-AGENDA PUBLIC COMMENTS
Now is the time for public participation on items not listed on the agenda. Each speaker is allotted three (3) minutes total.

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

City Council
Tuesday, July
1, 2025

13. PRESENTATION BY CITY ATTORNEY

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

14. ANNOUNCEMENT BY CITY ATTORNEY

15. ADJOURN
meeting to July 15, 2025, 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
Tuesday, July
1, 2025

City Council Staff Report

DATE: JULY 1, 2025

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: OPERATIONS DEPARTMENT

FINANCE DIVISION

DISTRICT: ALL

SUBJECT: RECEIVE AND FILE THE MONTHLY INVESTMENT ACTIVITY REPORTS FOR MAY 2025

RECOMMENDATION

Staff recommend that the City Council:

Receive and file the May 2025 monthly investment activity report s for the City of Palmdale and Successor Agency.

BACKGROUND

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

The monthly investment reports provide a synopsis of the City and Successor Agency’s investment activity. They provide information on assets, allocations, average maturities, yields, and book valuations. The interest rates presented are the most current rates available as of the date of this report.

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

Report to Mayor and City Council
Re: Monthly Investment Reports
July 1, 2025

Page 2 ends

DISCUSSION

Compliance with Investment Policy

For May, the City’s invested portfolio totaled $319,860,394, an increase of $97,441 from the previous month and a decrease of $19,296,479 compared to the prior year. The monthly increase was the result of earned interest that occurred during the month.

The par value of Successor Agency’s portfolio as of May was $9,702,544. The balance decreased by $25,986 from the prior month due to operating expenses during the month.

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

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

Liquidity

One core approach the Finance Division focuses on is providing liquidity to meet the City and Successor Agency’s operational requirements. Thus, the City invests in two pooled funds, Local Agency Investment Fund ( LAIF) and the California Asset Management Program (CAMP). These are intended for daily operational activities and can be used during economic uncertaintie s for ongoing operating and maintenance needs. The pooled funds provide a higher liquidity ratio to ensure the City and Successor Agency meet cash flow requirements.

The City’s LAIF balance at the end of May was $111,218,218, no changes from prior month.

The Successor Agency’s LAIF balance at the end of May was $3,899,819, no changes from prior month.

The City’s CAMP balance at the end of May was $52,756,073 compared to $52,558,460 in April. The increase is due to interest earned during the month.

Report to Mayor and City Council
Re: Monthly Investment Reports
July 1, 2025

Page 3 ends

The interest rates presented are the most current rates available as of the date of this report. As of May 31, 2025, the interest rates for LAIF and CAMP investments were at

4.272 percent and 4.45 percent, respectively. By comparison, the LAIF and CAMP interest rates at the end of April were 4.281 percent and 4.45 percent. This time last year, LAIF and CAMP rates were at 4.332 percent and 5.43, respectively.

The chart above shows the LAIF and CAMP average monthly yields from August 2024 through May 2025. The difference between the two funds’ performance is primarily due to their varying pool characteristics. CAMP’s portfolio composition is more prone to market volatility, resulting in performance variations.

Diversity

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

The City and Successor Agency’s investment portfolios remain strongly diversified. The monthly reports include all investments held by both entities and current book values as of May 31, 2025.

The City and Successor Agency are expected to have sufficient funds to meet their expenditure requirements for the next six months. The Finance Division will continue to monitor current economic conditions and the impact on interest rates.

Attached are summaries of the investments in the City and Successor Agency’s books as of May 31, 2025.

4.58% 4.58% 4.52% 4.48% 4.43% 4.37% 4.33% 4.31% 4.28% 4.27%

5.41% 5.29% 5.03% 4.87% 4.73% 4.55% 4.51% 4.47% 4.45% 4.42%

0.00%

1.00%

2.00%

3.00%

4.00%

5.00%

6.00%
Aug Q1 Sep Oct Nov Q2 Dec Jan Feb Q3 Mar Apr May
Pooled Investments Monthly Yields

LAIF CAMP
Report to Mayor and City Council
Re: Monthly Investment Reports
July 1, 2025

Page 4 ends

FISCAL IMPACT

$0; There is no fiscal impact associated with the recommended actions for this report.

STRATEGIC PLAN

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

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

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

Prepared by: Janelle Samson, Director of Operations
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Salvador Mendez, City Manager Pro Tem
Approved as to form: Alexandra Halfman, Acting City Attorney

ATTACHMENTS

Rpt. Monthly Investment Reports May 2025

CITY OF PALMDALE

TREASURER'S REPORT OF INVESTMENTS
MAY 31, 2025

PURCHASE MATURITY ACCOUNT/ INTEREST PAR PURCHASE INVESTED

DATE DATE FUND INSTITUTION RATE AMOUNT AMOUNT AMOUNT
U.S. TREASURY SECURITIES Yield
03-19-21 12-31-25 CITY 9128285T3 U.S. Treasury Note 2.63 3,000,000.00 3,260,634.36 2,902,140.00 05-11-21 02-28-26 CITY 9128286F2 U.S. Treasury Note 0.66 3,000,000.00 3,261,331.50 2,888,310.00 07-12-21 12-31-25 CITY 9128285T3 U.S. Treasury Note 2.63 5,000,000.00 5,451,958.35 4,836,900.00 03-08-23 03-31-26 CITY 9128286L9 U.S. Treasury Note 2.25 3,200,000.00 3,029,330.80 3,064,000.00 01-03-24 12-31-26 CITY 912828YX2 U.S. Treasury Note 0.04 5,000,000.00 4,696,880.23 4,666,600.00 01-03-24 06-30-27 CITY 91282CEW7 U.S. Treasury Note 0.04 5,000,000.00 4,897,630.28 4,825,200.00 01-03-24 09-30-27 CITY 91282CFM8 U.S. Treasury Note 0.04 2,500,000.00 2,523,771.66 2,472,450.00 01-08-24 02-15-26 CITY 91282CGL9 U.S. Treasury Note 0.04 5,000,000.00 4,987,205.23 4,932,250.00 01-08-24 06-15-26 CITY 91282CHH7 U.S. Treasury Note 0.04 5,000,000.00 5,001,760.94 4,942,800.00 12-18-24 09-30-29 CITY 91282CFL0 U.S. Treasury Note 0.39 5,000,000.00 4,977,094.45 4,977,094.45 12-18-24 10-31-29 CITY 91282CFT3 U.S. Treasury Note 0.40 5,000,000.00 4,988,321.47 4,988,321.47 12-18-24 11-30-29 CITY 91282CFY2 U.S. Treasury Note 0.39 5,000,000.00 4,942,086.29 4,942,086.29 01-02-25 12-31-29 CITY 91282CGB1 U.S. Treasury Note 0.39 3,000,000.00 2,949,835.02 2,949,192.75 TOTAL U.S. TREASURY SECURITIES 54,700,000.00$ 54,967,840.58$ 53,387,344.96$

GOVERNMENT AGENCY PAPER
06-10-20 06-16-25 CITY 3133ELK37 Federal Farm Credit 0.78 5,000,000.00 5,000,000.00 4,781,500.00 05-11-21 09-04-25 CITY 3133EJYM5 Federal Farm Credit 0.59 1,000,000.00 1,103,275.25 976,880.00 05-11-21 09-04-25 CITY 3133EJYM5 Federal Farm Credit 0.57 2,000,000.00 2,208,460.00 1,953,760.00 06-04-21 11-07-25 CITY 3135G06G3 Fannie Mae 0.55 3,000,000.00 2,993,675.25 2,826,750.00 06-30-21 12-30-25 CITY 3130AMRQ7 Federal Home Loan Note 0.88 3,000,000.00 3,000,000.00 2,821,947.30 07-29-21 04-29-26 CITY 3130AN5C0 Federal Home Loan Note 1.05 4,000,000.00 4,010,455.13 3,734,320.00 12-17-21 11-12-25 CITY 3134GXBM5 Federal Home Loan Note 1.15 1,150,000.00 1,125,785.50 1,082,265.00 12-17-21 06-23-25 CITY 3133ENHW3 Federal Farm Credit 1.17 10,000,000.00 10,000,000.00 9,595,310.20 12-20-21 07-30-25 CITY 3136G4ZP1 Fannie Mae 0.65 3,500,000.00 3,444,175.00 3,339,331.94 12-20-21 09-24-25 CITY 3134GWUG9 Freddie Mac 0.57 10,000,000.00 9,806,600.00 9,459,892.40 12-21-21 12-22-26 CITY 3133ENJC5 Federal Farm Credit 1.29 5,000,000.00 5,000,000.00 4,589,481.35 06-29-22 08-12-25 CITY 3133EL3P7 Federal Farm Credit 3.34 1,810,000.00 1,660,349.20 1,722,111.58 06-24-22 02-26-27 CITY 3130AL5A8 Federal Home Loan Note 3.33 5,000,000.00 4,479,000.00 4,533,218.00 08-17-22 10-27-26 CITY 3134GW4C7 Freddie Mac 0.80 5,000,000.00 4,539,500.00 4,562,202.10 01-06-23 02-25-27 CITY 3130AQRH8 Federal Home Loan Note 4.38 5,000,000.00 4,590,638.89 4,670,265.65 01-06-23 04-19-27 CITY 3130ARHJ3 Federal Home Loan Note 4.38 5,000,000.00 4,801,354.86 4,801,570.80 05-18-23 05-18-27 CITY 3133EPKC8 Federal Farm Credit 5.39 5,000,000.00 5,000,000.00 4,991,602.80 06-05-23 05-30-28 CITY 3133EPLE3 Federal Farm Credit 4.67 2,815,000.00 2,822,746.50 2,790,565.80 05-03-24 05-01-28 CITY 3133ERCX7 Federal Farm Credit 5.17 5,000,000.00 5,000,000.00 5,000,777.50 08-08-24 08-14-29 CITY 3134HADY6 Freddie Mac Domestic 4.00 4,000,000.00 3,946,000.00 3,946,000.00 12-03-24 12-04-29 CITY 3130B3XP3 Federal Home Loan 4.50 1,000,000.00 1,000,000.00 1,000,000.00 12-04-24 12-02-27 CITY 3133ERE23 Federal Farm Credit 4.32 1,000,000.00 1,000,000.00 1,000,000.00 01-27-25 07-27-27 CITY 3130B4RC7 Federal Home Loan Bank 4.50 3,000,000.00 3,000,000.00 3,000,000.00 01-28-25 07-21-27 CITY 3130B4QA27 Federal Home Loan Bank 4.55 3,000,000.00 3,000,000.00 3,000,000.00 TOTAL GOVERNMENT AGENCY PAPER 94,275,000.00$ 92,532,015.58$ 90,179,752.42$

CITY OF PALMDALE INVESTMENTS

CITY OF PALMDALE

TREASURER'S REPORT OF INVESTMENTS
MAY 31, 2025

PURCHASE MATURITY ACCOUNT/ INTEREST PAR PURCHASE INVESTED

DATE DATE FUND INSTITUTION RATE AMOUNT AMOUNT AMOUNT

CERTIFICATES OF DEPOSIT
01-04-24 06-15-26 CITY 05580A4Y7 BMW Bank of NA 4.03 240,000.00 243,434.40 238,848.00 01-04-24 11-30-27 CITY 46656MVH1 JPMorgan Chase Bank 4.76 240,000.00 242,022.91 240,415.20 01-04-24 12-28-28 CITY 09582YAV4 Blue Ridge Bank 4.09 240,000.00 240,948.00 234,677.60 06-11-24 06-12-28 CITY 59541KCV7 Mid-Missouri Bank 5.15 245,000.00 245,034.57 243,510.50 06-11-24 06-11-26 CITY 38150VUZ0 Goldman Sachs Bank 5.05 245,000.00 245,033.90 245,615.57 06-13-24 06-13-29 CITY 89235MPP0 Toyota Financial SGS 4.65 245,000.00 245,000.00 246,281.17 06-14-24 06-15-26 CITY 34520LBC6 Forbright Bank 5.05 245,000.00 245,000.00 245,699.42 06-14-24 06-14-28 CITY 307811KA6 Farmers & Merchs Bank 5.00 245,000.00 245,000.00 242,169.22 06-14-24 06-14-29 CITY 69503PAB7 Pacific Valley Bank 5.20 245,000.00 245,000.00 243,313.18 06-17-24 06-17-26 CITY 8562855V9 State Bank of India 5.10 245,000.00 245,000.00 245,875.30 06-18-24 06-18-29 CITY 229083AA8 Evangeline Bank & Trust 5.30 245,000.00 245,000.00 245,000.16 06-20-24 06-22-26 CITY 06051XER9 Bank of America NA 5.05 245,000.00 245,000.00 245,737.44 06-21-24 06-22-26 CITY 35634MAE1 Freedom Bank/Maywood NJ 5.05 245,000.00 245,000.00 245,737.72 06-25-24 06-25-29 CITY 09776DAG9 BOM Bank 5.35 245,000.00 245,000.00 245,000.11 TOTAL CERTIFICATES OF DEPOSIT 3,415,000.00$ 3,421,473.78$ 3,407,880.59$ 05-17-23 03-01-26 CITY 30231GAT9 Exxon Mobile Corporation 3.04 1,000,000.00 982,084.11 967,125.82 05-17-23 03-02-26 CITY 194162AQ6 Colgate-Palmolive 4.80 1,000,000.00 1,035,553.33 997,703.43 05-17-23 01-26-26 CITY 742718FY0 Procter & Gamble 4.10 1,000,000.00 1,018,471.67 987,387.46 01-04-24 07-27-26 CITY 61761J3R8 Morgan Stanley 4.70 500,000.00 481,185.25 478,020.00 01-04-24 06-15-26 CITY 46625HRS1 JPMorgan Chase & CO 4.52 500,000.00 484,840.25 481,325.00 01-04-24 03-02-28 CITY 718172CE7 Philip Morris Intl Inc 4.49 500,000.00 474,395.25 466,815.00 01-04-24 04-01-27 CITY 808513BW4 Charles Schaw Corp 4.68 500,000.00 479,390.25 477,190.00 01-09-24 06-02-26 CITY 11271LAA0 Brookfield Fin Inc 5.13 500,000.00 490,115.25 489,610.00 01-09-24 11-28-28 CITY 05565QDH8 BP Capital Markets PLC 4.48 500,000.00 483,460.25 475,490.00 01-09-24 01-28-26 CITY 06406RAQ0 Bank OF NY Mellon Corp 4.52 500,000.00 463,355.25 466,490.00 01-09-24 07-09-27 CITY 22550L2K6 Crdit Suisse New York 4.92 500,000.00 500,910.25 495,950.00 01-09-24 08-15-28 CITY 797440CE2 San Diego G & E 4.49 500,000.00 509,340.25 497,940.00 01-09-24 07-01-27 CITY 75973QAA5 Reneissance Financial 5.01 500,000.00 475,470.25 473,980.00 01-09-24 01-27-26 CITY 780082AD5 Royal Bank of Canada 4.97 500,000.00 496,930.25 492,915.00 08-27-24 02-01-29 CITY 06406RBN6 Bank of NY Mellon Corp 4.20 656,000.00 663,116.29 663,116.29 TOTAL CORPORATE BONDS $9,156,000 $9,038,618 8,911,058.00$

STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND
09-01-84 n/a CITY 98-19-620 0.78 57,004,603.30 57,004,603.30 57,004,603.30 9-19-2024 n/a PFA 40-19-078 36,500,000.00 36,500,000.00 39,313,382.47 9-28-2021 n/a ARPA 19-19-004 0.78 14,900,232.58 14,900,232.58 14,900,232.58 TOTAL LAIF ACCOUNTS 108,404,835.88$ 108,404,835.88$ 111,218,218.35$

CAMP- CALIFORNIA ASSET MANAGEMENT PROGRAM
6080-01 n/a CITY 6080-01 0.30 52,756,073.10 52,756,073.10 52,756,073.10 TOTAL CAMP ACCOUNTS 52,756,073.10$ 52,756,073.10$ 52,756,073.10$

UBS FINANCIAL SERVICES
n/a n/a CITY 0.00 66.08 66.08 66.08
TOTAL UBS FINANCIAL SERVICES ACCOUNTS 66.08$ 66.08$ 66.08$ TOTAL CITY INVESTMENTS 322,706,975.06$ 321,120,923.15$ 319,860,393.50$

CITY OF PALMDALE

TREASURER'S REPORT OF INVESTMENTS
MAY 31, 2025

PURCHASE MATURITY ACCOUNT/ INTEREST PAR PURCHASE INVESTED

DATE DATE FUND INSTITUTION RATE AMOUNT AMOUNT AMOUNT

STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND
11-20-84 n/a LIBRARY 16-19-012 0.78 13,926.84
TOTAL LIBRARY INVESTMENTS 13,926.84$
SIERRA GATEWAY COMMUNITY FACILITIES DISTRICT 91-1
Fiscal Agent: U.S. Bank National Association (fka First Trust) 05-10-95 n/a BOND 95421220 0.35 120.21
05-10-95 n/a IMPROVEMENT 95421222 0.10 174,701.11
TOTAL SIERRA GATEWAY COMMUNITY FACILITIES DISTRICT 91-1 174,821.32$

BOND PROCEEDS
RITTER RANCH COMMUNITY FACILITIES DISTRICT 93-1
Fiscal Agent: U.S. Bank National Association (fka First Trust) 04-06-95 n/a RESERVE-SEN 95420880 n/a 13.86
04-06-95 n/a IMPV-ACQUI 95420884 0.01 2,907,907.64
04-06-95 n/a BOND 95420887 0.15 0.15
TOTAL RITTER RANCH COMMUNITY FACILITIES DISTRICT 93-1 2,907,921.65$

BOND PROCEEDS
ANAVERDE COMMUNITY FACILITIES DISTRICT 2003-1
Fiscal Agent: U.S. Bank National Association (fka First Trust) 08-01-19 n/a SP TAX - B BOND 242969000 0.00 74.41
08-01-19 n/a RESERVE 242969003 0.00 722,956.72
08-01-19 n/a SP TAX - REFNDING BOND 242969004 0.01 15,151.55 TOTAL ANAVERDE COMMUNITY FACILITIES DISTRICT 2003-1 738,182.68$

BOND PROCEEDS
2005 $7.2M COMMUNITY FACILITIES DISTRICT 05-1 (TRADE AND COMMERCE CENTER) REFUNDED 2021 Fiscal Agent: U.S. Bank National Association (fka First Trust) n/a SPEC TRB SER A/B 251009000 0.01 343,658.64
n/a RESERVE FUND 251009001 0.01 645,043.71
TOTAL 2005 $7.2M COMMUNITY FACILITIES DISTRICT 05-1 (TRADE AND COMMERCE CENTER) REFUNDED 2021988,702.35$

LIBRARY INVESTMENTS

FISCAL AGENT CASH

CITY OF PALMDALE

TREASURER'S REPORT OF INVESTMENTS
MAY 31, 2025

PURCHASE MATURITY ACCOUNT/ INTEREST PAR PURCHASE INVESTED

DATE DATE FUND INSTITUTION RATE AMOUNT AMOUNT AMOUNT

BOND PROCEEDS
2006-1 GODDE HILL ESTATE SEWER IMPROVEMENTS LOIB
Fiscal Agent: U.S. Bank National Association (fka First Trust) 11-08-06 n/a REDEMPTION FUND 106844000 0.01 102,815.31
11-08-06 n/a ADM EXP 106844002 0.01 1,797.69
11-08-06 n/a RESERVE FUND 106844003 0.01 86,852.33
TOTAL 2006-1 GODDE HILL ESTATE SEWER IMPROVEMENTS LOIB 191,465.33$ 2015 HA DEBT SERVICE RESERVE
Fiscal Agent: Bank of America
11-19-15 n/a DEBT SVC RESERVE 1257964992 0.08 40,773.01 TOTAL 2015 HA DEBT SERVICE RESERVE 40,773.01$

PARS RESTRICTED CASH FOR PENSION STABILIZATION TRUST FUND 05-23-18 n/a CITY 104790895775 Public Agency Retirement Services2.60 10,188,656.58 TOTAL PARS PENSION TRUST FUND 10,188,656.58$

BOND PROCEEDS
2015 HA $4.3M MULTIFAMILY HOUSING REVENUE BONDS
Fiscal Agent: U.S. Bank National Association (fka First Trust) 09-03-15 n/a BOND FUND 277067000 0.00 255,930.52
09-03-15 n/a INTEREST ACCT 277067001 0.01 5.87
09-03-15 n/a BOND RESERVE 277067003 0.00 281,021.95
09-03-15 n/a REPAIR & REPLACE FUND 277067004 0.00 1,325,908.45 TOTAL 2015 HA $4.3M MULTIFAMILY HOUSING REVENUE BONDS 1,862,866.79$

CITY OF PALMDALE

TREASURER'S REPORT OF INVESTMENTS
MAY 31, 2025

PURCHASE MATURITY ACCOUNT/ INTEREST PAR PURCHASE INVESTED

DATE DATE FUND INSTITUTION RATE AMOUNT AMOUNT AMOUNT

BOND PROCEEDS
2017 PFA $17.4M LEASE REVENUE BONDS
Fiscal Agent: U.S. Bank National Association (fka First Trust) 04-05-17 n/a REVENUE FUND 271128000 0.00 1.17
04-05-17 n/a REVENUE REFUNDING BOND 271128001 n/a 0.05
$42,830 n/a REVENUE REFUNDING BOND 271128002 0.10
TOTAL 2017 PFA $17.4M LEASE REVENUE BONDS 1.32$

BOND PROCEEDS
2023 A&B SERIES ACQUISITION & CONSTRUCTION REVENUE BOND Fiscal Agent: U.S. Bank National Association (fka First Trust) 248041000 7.11
11-30-23 n/a INTEREST 248041001 560,558.85
11-30-23 n/a PRINCIPAL 248041002 1,245,000.00
11-30-23 n/a REVENUE FUND 248041004 13.54
11-30-23 n/a INTEREST 248041007 456,676.63
11-30-23 n/a REVENUE FUND 248041008 4,800,280.34
TOTAL 2023 A&B SERIES B ACQUISITION & CONSTRUCTION REV BOND 7,062,536.47$ GRAND TOTAL - FISCAL AGENT CASH 24,155,927.50$
Cash on Hand 14,837,327$
Pooled Cash Investments

City: 315,517,859$
Insur Fund: 4,342,534$ 319,860,393$ Library Investments 13,927$

Subtotal 334,711,647$

City/AD/CFD/PCA/PFA/HA
Fiscal Agent Cash 24,155,928$

Grand total 358,867,575$

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

LAIF & AIM interest Rates are as of March 31, 2025

SUMMARY OF CASH AND INVESTMENTS

Page 1 of 1 ends

CITY OF PALMDALE

TREASURER'S REPORT OF INVESTMENTS
MAY 31, 2025

CITY OF PALMDALE

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

TRANSACTION INTEREST

DATE DEPOSIT WITHDRAWAL RECEIVED BALANCE
LAIF - CITY ACCOUNT 98-19-620
Beginning Balance 57,004,603.30$
Subtotal -$ -$ -$ 57,004,603.30$ LAIF - PFA ACCOUNT 40-19-078
Beginning Balance 39,313,382.47$
Subtotal -$ -$ -$ 39,313,382.47$ LAIF - LIBRARY ACCOUNT 16-19-012
Beginning Balance 13,776.68$
04-15-25 150.16$
Subtotal -$ -$ 150.16$ 13,926.84$ LAIF - ARPA ACCOUNT 19-19-004
Beginning Balance 14,900,232.58$
Subtotal -$ -$ -$ 14,900,232.58$ CAMP
Beginning Balance 52,558,640.46$
05-31-25 197,432.64 $
Subtotal -$ -$ 197,432.64$ 52,756,073.10$ UBS Financial Services
Beginning Balance 100,058.80$
05-30-25 20,264.78 $
05-30-25 (120,257.50)$
Subtotal -$ (120,257.50)$ 20,264.78$ 66.08$ Total -$ (120,257.50)$ 217,847.58$ 163,988,284.37$

CITY OF PALMDALE

TREASURER'S REPORT OF INVESTMENTS
MAY 31, 2025
TN= US Treasury C = Call
FP= Federal Paper M= Maturity
CD= Certificate of Deposit CB= Corporate Bond
FACE

PURCHASE MATURITY VALUE INTEREST NET INVESTED GAIN/

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

CITY OF PALMDALE

POOLED CASH - INVESTMENTS MATURED OR CALLED

CITY OF PALMDALE

TREASURER'S REPORT OF INVESTMENTS
MAY 31, 2025
TN = US Treasury
FP = Federal Paper
CD = Certificate of Deposit
CN = Corporate Notes ACCRUED
PURCHASE MATURITY FACE PREMIUM / PURCHASE INTEREST NET Yield

ISSUER DATE DATE VALUE (DISCOUNT) PRICE PURCHASED PURCHASE -
-
-
-$ -$ -$ -$ -$ Total Number of Transactions:

POOLED CASH - INVESTMENTS PURCHASED

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

TREASURER'S REPORT OF INVESTMENTS
May 31, 2025

PURCHASE MATURITY ACCOUNT/ INTEREST INVESTED

DATE DATE FUND INSTITUTION RATE AMOUNT TOTAL
LAIF - SA ACCOUNT 65-19-035
09-01-84 n/a SA Account 65-19-035 0.78 3,899,819.00
3,899,819.00$

FISCAL AGENT CASH

BOND PROCEEDS
CRA - 2002 Sub Lien Tax Allocation Bonds $5.3M ($5,329,748.25) Fiscal Agent: U.S. Bank National Association
08-20-02 n/a Reserve Fund 94460700 2.54 538,437.90
08-20-02 n/a Interest Acct 94460701 0.04 41,711.88
08-20-02 n/a Principal Acct 94460702 0.04 372.91

TOTAL CRA - 2002 Sub Lien Tax Allocation Bonds $5.3M ($5,329,748.25) 580,522.69$

BOND PROCEEDS
2016 SA $31.5M Tax Allocation Refunding Bonds Series A
Fiscal Agent: U.S. Bank National Association (fka First Trust) 04-26-16 n/a Debt Service 245113000 0.00 6.29
04-26-16 n/a Interest Acc 245113001 N/A 0.00
TOTAL 2016 SA $31.5M Tax Allocation Refunding Bonds Series A 6.29$ GRAND TOTAL - FISCAL AGENT CASH 580,528.98$

SUMMARY OF CASH AND INVESTMENTS
Cash on Hand 5,222,196$ 5,215,654.07$
($2,438)
Pooled Cash Investments 3,899,819$ $8,979
5,222,195.85$
Successor Agency Fiscal Agent Cash 580,529$ *

Grand total 9,702,544$

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

LAIF interestrates are as of May 31, 2025.

S:\Cash and Investment\Investment\Investment Reports\24-25\11 May 2025\[May 2025 Successor Investment Report.xls]LAIF Transactions

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

TREASURER'S REPORT OF INVESTMENTS
May 31, 2025

POOLED CASH - STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND (LAIF)

TRANSACTION INTEREST

DATE DEPOSIT WITHDRAWAL RECEIVED BALANCE
LAIF - SA ACCOUNT 65-19-035
Beginning Balance 3,899,819.00
Subtotal -$ -$ -$ 3,899,819.00$

City Council Staff Report

DATE: JULY 1, 2025

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: OPERATIONS DEPARTMENT

FINANCE DIVISION

DISTRICT: ALL

SUBJECT: APPROVE THIRD AMENDMENT TO AGREEMENT WITH EIDE

BAILLY, LLP , FOR FINANCIAL AUDITING SERVICES FOR AN
ADDITIONAL $142,347, AND A NOT TO EXCEED AMOUNT OF
$1,159,128, FOR THE REMAINDER OF THE FIVE-YEAR TERM ,
THROUGH JUNE 30, 2028

RECOMMENDATION

Staff recommend that the City Council:

1. Approve Third Amendment to Agreement A-8300 for audit services between the City of Palmdale and Eide Bailly, LLP for an additional $142,347, and a not to exceed amount of $1,159,128 , for the remainder of the five-year term, through June 30th, 2028; and,

2. Authorize the City Manager Pro Tem or h is designee to execute the Third Amendment to Agreement No. A-8300 with Eide Bailly, LLP. including minimal and/or non-substantial changes.

BACKGROUND

The City entered into a Professional Services Agreement with Eide Bailly, LLP, on July 1, 2023, to perform independent audit services in accordance with Generally Accepted Government Auditing Standards (GAGAS). The agreement has since been amended twice to address expanded audit requirements and related services, including the implementation of newly issued governmental accounting standards.

As part of the City's commitment to financial transparency and compliance with Government Finance Officers Association (GFOA) best practices, the City prepares an Annual Comprehensive Finan cial Report (ACFR), which includes detailed financial information for both the City and its component units. Additionally, the City prepares Annual Comprehensive Financial Reports for individually presented Component Units.

Report to Mayor and City Council
Re: Approve Agrmt No. A-8300 with Eide Bailly, LLP
July 1, 2025

Page 2 ends

DISCUSSION

The preparation of the ACFR is a significant undertaking that requires highly specialized expertise in governmental accounting and reporting. To enhance the quality and timeliness of the ACFR preparation, staff recommend engaging Eide Bailly, LLP , to provide technical assistance and preparation support. The proposed amendment will expand the scope of services under the existing agreement to include:

 Assistance with ACFR preparation in accordance with GASB standards;  Financial statement compilation and note disclosures for the City and component units; and,
 Review of prior-year findings and incorporation of new reporting requirements.

This service will ensure that the City continues to meet the GFOA Certificate of Achievement for Excellence in Financial Reporting criteria and enhances the City’s ability to deliver its financial reports in a timely and accurate manner.

FISCAL IMPACT

$142,347; Funds are budgeted and available in FY 2025-26 in the Finance Division- Audit Professional Services account.

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.

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

ATTACHMENTS

Agrmt No. A-8300 Third Amendment with Eide Bailly, LLP
Agrmt No. A-8300 Second Amendment with Eide Bailly, LLP Agrmt No. A-8300 First Amendment with Eide Bailly, LLP
Agrmt No. A-8300 with Eide Bailly, LLP

3RD AMENDMENT TO AGREEMENT A- A-8300
BETWEEN THE CITY OF PALMDALE AND EIDE BAILLY, LLP.

This 3RD Amendment to Agreement No. A-A-8300 (“Agreement”) is made and entered into by and between the City of Palmdale (hereinafter called “CITY”) and EIDE BAILLY, LLP. (hereinafter called "CONSULTANT"). This Contract shall become effective on the date of the last signatory.

WHEREAS, on 05-08-2023 ("Original Agreement") the CITY and CONSULTANT entered into an agreement to provide:

CITYWIDE AUDITING SERVICES

WHEREAS, the parties desire to amend the Original Agreement to:

Section 1 (Description of work) shall be amended as follows to include the additional scope of services below:

L. Compilation of the Annual Comprehensive Financial Report (ACFR) and related stand-alone reports.

Assistance with Financial Statement Preparation CONSULTANT will assist the City by drafting the financial statements (including footnotes and supplementary schedules) for the City's Annual Comprehensive Financial Report (ACFR), Housing Authority, Public Financing Authority and Community Foundation from closed trial balances and reconciliations provided by the City. The City will provide the introductory section, management’s discussion and analysis and statistical sections needed for the ACFR. CONSULTANT will provide electronic PDFs as deliverables to City. The City is responsible for any printing/binding.

A-8300 - $960,000.00
Amendment #1 - increase $41,781.00 for a new NTE of $1,001,781.00 Amendment #2 - increase $15,000.00 for a new NTE of $1,016,781.00 Section 9 (Compensation) will be amended to increase by the amounts shown below.

2025 2026 2027
ACFR $30,000.00 $28,864.00 $31,209.00
Housing Authority $10,000.00 $9,621.00 $10,343.00
PFA $5,000.00 $4,816.00 $5,177.00
Foundation $2,500.00 $2,408.00 $2,589.00
TOTAL $47,500.00 $45,709.00 $49,138.00

This will increase the agreement by $142,347.00 for a new, not-to-exceed amount of $1,159,128.00.

NOW THEREFORE, the parties agree as follows:

1-3Concord - Document ID: 030EY0uvKST9OcJUqwMa5o
Section 1 (Description of work) shall be amended as follows to include the additional scope of services below:

L. Assistance with Financial Statement Preparation CONSULTANT will assist the City by drafting the financial statements (including footnotes and supplementary schedules) for the City's Annual Comprehensive Financial Report (ACFR), Housing Authority, Public Financing Authority and Community Foundation from closed trial balances and reconciliations provided by the City. The City will provide the introductory section, management’s discussion and analysis and statistical sections needed for the ACFR. CONSULTANT will provide electronic PDFs as deliverables to City. The City is responsible for any printing/binding.

Section 9 (Compensation) will be amended to increase the agreement by $142,347.00, for a new not-to exceed total of $1,144,128.00.

All other terms and conditions of the Original Agreement not amended herein, remain in full force and effect.

2-3Concord - Document ID: 030EY0uvKST9OcJUqwMa5o

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:

EIDE BAILLY, LLP.:

SALVADOR MENDEZ

CITY MANAGER PRO TEM

ROGER ALFARO

PARTNER
ADDRESS FOR NOTICE:

CITY OF PALMDALE
38250 Sierra Highway
Palmdale, CA 93550

ADDRESS FOR NOTICE:

EIDE BAILLY, LLP.
10681 Foothill Blvd
Rancho Cucamonga, CA 91730
APPROVE AS TO FORM:

ALEXANDRA HALFMAN

ACTING CITY ATTORNEY

ATTEST:

Roxanne Faber
City Clerk

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

2ND AMENDMENT TO AGREEMENT A- 8300

BETWEEN THE CITY OF PALMDALE AND EIDE BAILLY

This 2ND Amendment to Agreement No. A-8300 (“Agreement”) is made and entered into by and between the City of Palmdale (hereinafter called “CITY”) and EIDE BAILLY (hereinafter called "CONSULTANT"). This Contract shall become effective on the date of the last signatory.

WHEREAS, on 07-01-2023 ("Original Agreement") the CITY and CONSULTANT entered into an agreement to provide:

Measure AV Auditing Services

WHEREAS, the parties desire to amend the Original Agreement to:

Section 1 (Description of work) shall be amended as follows to include below:

K. Measure AV

1. CITY will provide the CONSULTANT with copies of the award applications, and agreements (including amendments) to verify the existence and amount of funding available and expended.

2. CONSULTANT will review the grant documents above to gain an understnading of complaince requiremetns stipulated by the CITY to the Grantee surrounding administartive costs.

3. CONSULTANT will obtain and document an understanding of the CITY'S monitoring and oversight process and administrative costs.

4. CONSULTANT will obtain a final report submitted by grantees to the CITY and review the ratio of administrative cost to total cost to consistency with grant requirements.

5. CONSULTANT will prepare a final report.

Section 9 : (Compensation) shall be amended to increase by $15,000.00.

This will increase the agreement by $15,000, for a new not-to-exceed total of $1,016,781.00.

NOW THEREFORE, the parties agree as follows:

Section 1 (Description of work) shall be amended as follows to include below:

K. Measure AV

1. CITY will provide the CONSULTANT with copies of the award applications, and agreements (including amendments) to verify the existence and amount of funding available and expended.
1-3Concord - Document ID: 02xXc72pZBHISmiyXGiGz6

2. CONSULTANT will review the grant documents above to gain an understnading of complaince requiremetns stipulated by the CITY to the Grantee surrounding administartive costs.

3. CONSULTANT will obtain and document an understanding of the CITY'S monitoring and oversight process and administrative costs.

4. CONSULTANT will obtain a final report submitted by grantees to the CITY and review the ratio of administrative cost to total cost to consistency with grant requirements.

5. CONSULTANT will prepare a final report.

Section 9 : (Compensation) shall be amended to increase by $15,000.00.

This will increase the agreement by $15,000, for a new not-to-exceed total of $1,016,781.00.

All other terms and conditions of the Original Agreement not amended herein, remain in full force and effect.

2-3Concord - Document ID: 02xXc72pZBHISmiyXGiGz6

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:

EIDE BAILLY:

RONDA PEREZ

CITY MANAGER

ROGER ALFARO

PARTNER
ADDRESS FOR NOTICE:

CITY OF PALMDALE
382550 SIERRA HIGHWAY
Palmdale, CA 93550

ADDRESS FOR NOTICE:

EIDE BAILLY
10681 FOOTHILL BLVD
RANCHO CUCAMONGA, CA 91730
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 contract and previous amendment(s) (if any) are attached ■Attached Agreement Checklist and met all requirements
3-3Concord - Document ID: 02xXc72pZBHISmiyXGiGz6
Record of Signing
Signed with www.concordnow.com
For
Name
Title
Signed on 2024-08-29 18:46:13 GMT
Secured by Concord™
DocumentID: 02xXc72pZBHISmiyXGiGz6
SigningID: 02xXc72pT8Z42TA7tpGXdm
Signing date: 8/29/2024
IP Address: 206.171.111.149
Email: [email protected]
For
Name
Title
Signed on 2024-09-04 15:22:30 GMT
Secured by Concord™
DocumentID: 02xXc72pZBHISmiyXGiGz6
SigningID: 02xax9DnlGszGzmVEG30IA
Signing date: 9/4/2024
IP Address: 172.56.179.100
Email: [email protected]
For
Name
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Signed on 2024-09-05 23:19:38 GMT
Secured by Concord™
DocumentID: 02xXc72pZBHISmiyXGiGz6
SigningID: 02xbiCCZt22jdJEDct0cVB
Signing date: 9/5/2024
IP Address: 107.131.11.226
Email: [email protected]
For
Name
Title
Signed on 2024-09-05 23:44:04 GMT
Secured by Concord™
DocumentID: 02xXc72pZBHISmiyXGiGz6
SigningID: 02xbinNmsgDc3sGj3XTsbP
Signing date: 9/5/2024
IP Address: 47.143.212.37
Email: [email protected]
For
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Signed on 2024-09-06 00:57:01 GMT
Secured by Concord™
DocumentID: 02xXc72pZBHISmiyXGiGz6
SigningID: 02xbkaP2kT5LgbRYTGD1no
Signing date: 9/6/2024
IP Address: 206.171.111.149
Email: [email protected]

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
4/29/2024
Lemme, A Division of EPIC
111 West Campbell Street
4th Floor
Arlington Heights IL 60005
Nadine Daniels
847-385-6800
[email protected]
Swiss Re International SE and Various
Eide Bailly LLP
4310 17th Ave. S.

Fargo ND 58103
829851799
A
Professional Liability
FN2411907
5/1/2024
5/1/2025
Each Claim
Aggregate
$5,000,000
$5,000,000
City of Palmdale
38300 Sierra Highway, Suite D
Palmdale CA 93550

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
4/24/2024
Marsh & McLennan Agency LLC
505 Broadway North, Suite 100
Fargo ND 58102
Phoenix Insurance Company
25623
EIDEBAILL2
Travelers Property Casualty Co of Amer
25674
Eide Bailly LLP
PO Box 2545
Fargo ND 58103
Great American Insurance Company
16691
Charter Oak Fire Insurance Company
25615
Phoenix Insurance Company
25623
613914755
E
X
1,000,000
X
300,000
X
0 5,000
1,000,000
2,000,000
X
P6307206X385
4/29/2024
4/29/2025
2,000,000
A
1,000,000
X
X
BA8M663607
4/29/2024
4/29/2025
D
X
X
15,000,000
CUP2J961189
4/29/2024
4/29/2025
15,000,000
B
X
UB9L19981A
4/29/2024
4/29/2025
1,000,000
1,000,000
1,000,000
C
Employee Theft and
Dishonesty
SAAE8403190200
4/29/2024
4/29/2025
Limit
Ded
$5,000,000
$25,000
Workers Compensation applies to: AR, AL, AZ, CA, CO, CT, DC, DE, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MO, MS, MT, NC, NE, NH,

NJ, NM, NV, NY, OK, OR, PA, RI, SC, SD, TN, TX, UT, VA, VT, WI & WV Workers Compensation policy excludes Owners/Partners.

Employers Liability applies to above states and ND,OH,WA,WY Zero Deductible for Auto Liability coverage. Hired Auto Physical Damage Deductible Comp/Coll Ded is $500/$500 City of Palmdale, City of Palmdale in its capacity as the Successor Agency to the CRA, Palmdale Civic Authority, Housing Authority, Industrial Development Authority, Airport Authority, their officers, agents, employees and volunteers are additional insured including primary &non-contributory coverage for General Liability and for Auto Liability, to the extent required by written contract, subject to policy terms and conditions. Waiver of Subrogation applies on the General See Attached...

City of Palmdale
38300 Sierra Highway, Suite D
Palmdale CA 93550

ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:

EIDEBAILL2
1 1
Marsh & McLennan Agency LLC
Eide Bailly LLP
PO Box 2545
Fargo ND 58103
25 CERTIFICATE OF LIABILITY INSURANCE
Liability, including Separation of Insureds and Workers' Compensation to the extent required by written contract, subject to policy terms and conditions. 60 days notice of cancellation applies to the extent required
Policy No. BA8M663607

WORKERS COMPENSATION
(BLANKET WAIVER)WAIVER OF OUR RIGHT TO RECOVER FROM OTHERSPOLICY NUMBER:

ANDEMPLOYERS LIABILITY POLICY
ENDORSEMENT – CALIFORNIA
ENDORSEMENT WC 99 03 76 ( A) -UB-9L19981A-22-43-GHARTFORD CT 06183ONE TOWER SQUARE 001 ScheduleJob DescriptionPerson or Organization
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium. 2.00 ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER.

Countersigned byInsurance CompanyPremiumInsured Endorsement No.Policy No.Endorsement Effective This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) ST ASSIGN: DATE OF ISSUE: Pageof05-23-22 11
Policy No. 6307206X385

COMM RCI L G NERAL IAB L TYE A E L I I
T IS ENDORSEMENT CHANGES T E POLICY. PL ASE READ IT CAREFULLY.H H E

BLANKET ADDITIONAL INSURED
(Incl des Products-Completed Operations If Required By Contu ract) Thi e dorseme t m d fie i surance prov ded under he f l o ing:s n n o i s n i t o l w

COMM RCI L G NERAL IAB LI Y COVERA E PARTE A E L I T G
P O ISIONR V S (1) Any "bodily injury", "property dam ge" oa r "pe sonal injury arising out o the prov di g,r " f i nThe fol owing i added tol s SE TI N II

WHO IS ANC O
or fa l re to prov de, any pro e sionali u i f sINSU EDR :
arch te tural engineer ng o surv yingi c , i r eAny person o o gan zat on that yo agree in ar r i i u se v ce , ncl ding:r i s i uwrit en con ract or agreem nt to in lude a ant t e c s addi ional i sured o thi Cov rage Part i at n n s e s n (a) The preparin , approv ng, or fa li g tog i i n i sured, ut onlyn b : prepa e or approv , ma s, shopr e p drawi gs, opin on , reports, surv y ,n i s e sa. Wi h re pe t to l abi ity fo "bodily injury ot s c i l r " r fi l orders or change orders, or thee d"prope ty dam ge that o curs, or fo "perso alr a " c r n prepa i g, approv ng, or fa l n tor n i i i gi ju y ca sed by an o fe se that is comm ttedn r " u f n i , prepa e or app ov , drawings andr r esubsequent to the signing of that contract or ag ee ent and while tha pa t o the contra t or m t r f c r spe i i a io s; andc f c t n ag ee ent s in e fe t; andr m i f c (b) Su erv so y, in pe t on, archi ect ral op i r s c i t u r b. If a d only to the ex ent that such injury o, n t , r engineerin a t v t e .g c i i i s dama e is ca sed by a ts o om ssio s o yo og u c r i n f u r (2) Any "bodi y inju y or "prope ty dam gel r " r a "y ur subco tra tor in the perfo m nce o "y uo n c r a f o r caused by "y ur work an in luded in theo " d cwork to which the wri ten cont a t or agreemen" t r c t "produ ts-com leted o erat on hazardc p p i s "appl e . Such person or organiza ion doe noi s t s t un ess the wri ten cont a t o ag ee entl t r c r r mqual fy a an ad itional in ured with re pect toi s d s s the independent a t o om ssions o such spe i i a ly requi esc s r i f c f c l r y u to prov de sucho i pe son or organizationr . cov rage fo that addi ional in ured durine r t s g the oli y pe iod.p c rThe i surance prov ded to such ad it onal insured isn i d i subje t o he o lo ing p ov sions:c t t f l w r i c. The ad itional insured m st com ly with thed u p a. If the Lim t o In uran e o thi Cov rage Part fo lowi g dutiei s f s c f s e l n s:
shown in the De laratio s ex eed the m nim mc n c i u (1) Giv us wri ten no i e as soon a pra tica lee t t c s c bl m t requi ed by the written co tra t oi i s r n c r o an "o cur en e o an o fe se whi h m yf c r c " r f n c aag ee ent, the i surance prov ded to ther m n i re ult i a clai . To t e ex en possible suchs n m h t t ,addi ional insured wil be lim ted to sucht l i no ice should in l de:t c um nim m required lim ts. Fo the purpo e oi u i r s s f de erm nin whether thi lim tatio applie , thet i g s i n s (a) How, when an where the "o cur en ed c r c " m nim m im t requi ed by the wri ten co tra t oi u l i s r t n c r or o fe se too pla e;f n k cag ee ent will be co sidered to include ther m n (b) The nam s and addre se o any inj rede s s f um nim m lim ts o any Umb el a o Ex essi u i f r l r c pe sons an witne se ; andr d s sl ab l ty cov rage requi ed fo the addi ionali i i e r r t i sured by that writ en cont a t o agreem nt.n t r c r e (c) The nature and lo ation o any inj ry oc f u rThi prov sion will not increa e the lim t os i s i s f dama e ari ing out o the "o cur en eg s f c r c "i suran e de cribed in Se tion c s c n III Lim t Ofi s or o fe se.f nIn urance.s
(2) If a cla m is ma e or "sui " i brought agai sti d t s nb. The insurance prov ded to such addi ionali t the ad it onal nsuredd i i :i sured does not ap ly o:n p t CG 2 46 04 19D © 2018 T e Travelers Indemnity Company. All rights reseh rved. Pa e 1 o 2g f Policy No. 6307206X385
COMM
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on
.
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2 g
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©
2018
T
e
Travelers
Indemnity
Company.

All
rights
rese
h
rved.

CG
2 46
04 19
D

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
4/30/2024
Lemme, A Division of EPIC
111 West Campbell Street
4th Floor
Arlington Heights IL 60005
Nadine Daniels
847-385-6800
[email protected]
Liberty Surplus Insurance and Various
Eide Bailly LLP
4310 17th Ave. S.

Fargo ND 58103
1998967175
A
Cyber Liability
EO5CABGU2A008
5/1/2024
5/1/2025
Aggregate
$1,000,000
City of Palmdale
38300 Sierra Highway, Suite D
Palmdale CA 93550

1ST AMENDMENT TO AGREEMENT A-8300
BETWEEN THE CITY OF PALMDALE AND EIDE BAILLY, LLP.

This 1ST Amendment to Agreement No. A-8300 (“Agreement”) is made and entered into by and between the City of Palmdale (hereinafter called “CITY”) and EIDE BAILLY, LLP. (hereinafter called "CONSULTANT"). This Contract shall become effective on the date of the last signatory.

WHEREAS, on 07-01-2023 ("Original Agreement") the CITY and CONSULTANT entered into an agreement to provide:

City Wide auditing services.

WHEREAS, the parties desire to amend the Original Agreement to:

Section 1 (Description of work) shall be amended as follows to include below:

H: Assessment and Community Facility Districts Audit Reports vi: Community Facilities District No. 16-1 (Joshua Ranch CFD) Section 9 (Compensation) shall be amended to increase by the amounts shown below:

2023 2024 2025 2026 2027
$7,200 $7,700 $8,321 $8,945 $9,615

This will increase the agreement by $41,781, for a new not-to-exceed total of $1,001,781.

NOW THEREFORE, the parties agree as follows:

Section 1 (Description of work) shall be amended as follows to include below:

H: Assessment and Community Facility Districts Audit Reports vi: Community Facilities District No. 16-1 (Joshua Ranch CFD) Section 9 (Compensation): will be increased by $41,781 for a new not-to-exceed total of $1,001,781.

All other terms and conditions of the Original Agreement not amended herein, remain in full force and effect.

1-2Concord - Document ID: 02vrTnmPCE0jj3ty9bQspH

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:

EIDE BAILLY, LLP.:

RONDA PEREZ

CITY MANAGER

ROGER ALFARO

PARTNER
ADDRESS FOR NOTICE:

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

ADDRESS FOR NOTICE:

EIDE BAILLY, LLP.
10681 Foothill Blvd
Rancho Cucamonga, Ca 91730
APPROVE AS TO FORM:

William P. Curley, III
City Attorney

ATTEST:

Roxanne Faber
Acting City Clerk

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

■Certificate(s) and Endorsement(s) attached
■Confirmed business name on contract with certificate(s) ■Original contract and previous amendment(s) (if any) are attached ■Attached Agreement Checklist and met all requirements
2-2Concord - Document ID: 02vrTnmPCE0jj3ty9bQspH
Record of Signing
Signed with www.concordnow.com
For
Name
Title
Signed on 2024-02-29 02:03:32 GMT
Secured by Concord™
DocumentID: 02vrTnmPCE0jj3ty9bQspH
SigningID: 02vrTnmP6BIQRHxIrtRqY9
Signing date: 2/29/2024
IP Address: 206.171.111.149
Email: [email protected]
For
Name
Title
Signed on 2024-03-01 01:44:23 GMT
Secured by Concord™
DocumentID: 02vrTnmPCE0jj3ty9bQspH
SigningID: 02vs2ffC8vttXDLPNKvuR9
Signing date: 3/1/2024
IP Address: 172.56.179.4
Email: [email protected]
For
Name
Title
Signed on 2024-03-05 17:32:01 GMT
Secured by Concord™
DocumentID: 02vrTnmPCE0jj3ty9bQspH
SigningID: 02vuhHaYslgAjdYEUAkI52
Signing date: 3/5/2024
IP Address: 107.131.11.226
Email: [email protected]
For
Name
Title
Signed on 2024-03-05 18:13:05 GMT
Secured by Concord™
DocumentID: 02vrTnmPCE0jj3ty9bQspH
SigningID: 02vuiI50j0zDmIkVCSLWcz
Signing date: 3/5/2024
IP Address: 206.171.111.149
Email: [email protected]
For
Name
Title
Signed on 2024-03-06 16:56:53 GMT
Secured by Concord™
DocumentID: 02vrTnmPCE0jj3ty9bQspH
SigningID: 02vvFlAj7svLu4Sptk48AQ
Signing date: 3/6/2024
IP Address: 206.171.111.149
Email: [email protected]

AGREEMENT NO. A-8300

CONTRACT FOR CONSULTANT SERVICES
BETWEEN THE CITY OF PALMDALE AND EIDE BAILLY, LLP.

THIS CONTRACT FOR CONSULTANT SERVICES (“Contract” herein) is made and entered into this 1st day of July, 2023 by and between the City of Palmdale a public body corporate and politic, (hereinafter called “CITY”) and EIDE BAILLY, LLP. (hereinafter called “CONSULTANT”).

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:

The CONSULTANT shall express an Audit opinion on the fair presentation of its basic financial statements in conformity with generally accepted accounting principles.

The CONSULTANT shall include an examination of all City funds. The CONSULTANT will be responsible for performing certain limited procedures involving required supplementary information required by the Governmental Accounting Standards Board, as mandated by generally accepted auditing standards.

The CONSULTANT shall review and verify all trial balance worksheets and summary schedules including balance sheets, revenues, expenditures, and changes in fund balance for each City fund. The data source for the schedules will be the financial statements supplied by the City. An initial draft of the ACFR will be prepared by City staff and will be given to the auditors during the final stage of the audit. Final report preparation and necessary editing shall be the responsibility of the City.

A. Financial Statement Audits:

The CONSULTANT shall audit the financial statements of the below government activities, each major fund, and the aggregate remaining fund information, which collectively compromises the basic financial statements of the City as of and for each 1-20Concord - Document ID: N2U2NWE0MzktYT
year of the Contract term:

B. Annual Comprehensive Financial Report (ACFR).
- The City desires the CONSULTANT to issue an opinion on the fair presentation of its basic financial statements. The CONSULTANT is not required to issue an opinion on the combining and individual non- major fund financial statements and schedules.

However, the CONSULTANT is to provide an “in-relation-to” report based on the auditing procedures applied during the audit of the basic financial statements. Certain limited procedures should be applied to management’s discussion and analysis and budgetary comparison information, but an expression of an opinion is not required.

The CONSULTANT is not required to express an opinion on the introductory and statistical sections.
- The CONSULTANT will conduct the examination of the City’s Financial statements in accordance with generally accepted auditing standards and Government Auditing Standards for fiscal years ending June 30, 2023, June 30, 2024, June 30, 2025, June 30, 2026, and June 30, 2027.
- The City will have the responsibility of preparing the annual ACFR - Management and SAS 114 Letters, which includes findings, statements, observations, opinion, comments, or recommendations, related to:
- Systems of internal control based upon the auditors’ understanding of the control structure and assessment of control risk.
- Compliance with applicable laws and regulations.
- Accounting systems, functions, procedures, and processes, especially regarding cost effectiveness.

C. Single Audit Report.
-The City receives federal funds which come under the provision of the Single Audit Act. The CONSULTANT is not required to audit the Schedule of Expenditures of Federal Awards; however, the CONSULTANT is to provide an “in-relation-to” report on that schedule based on the auditing procedures applied during the audit of the financial statements.
- The CONSULTANT shall supply a multiple part auditor’s report on the City’s compliance with requirements of Federally-funded programs for which it receives funding, in accordance with the Single Audit Act Amendments of 1996, the Office of Management and Budget’s (OMB) Circular A-133 (“Audits of States, Local 2-20Concord - Document ID: N2U2NWE0MzktYT
Governments and Non-Profit Organizations”), and the GAO’s Government Auditing Standards, January 2007 Revisions for fiscal years ending June 30, 2023, June 30, 2024, June 30, 2025, June 30, 2026, and June 30, 2027.
- The CONSULTANT shall submit the Single Audit and the Single Audit Form SF- SAC with the Federal Audit Clearing House (FAC)
- Agreed-Upon Procedures Performed Related to the calculation of the Gann Appropriations Limit.
- The CONSULTANT shall conduct an Agreed Upon Procedures Examination of the Appropriations Limit Calculation in accordance with procedures as presented in the League of California Cities publication Agreed Upon Procedures Applied to the Appropriations Limitation Prescribed by Article Xlll-8 of the California Constitution for the fiscal years ending June 30, 2023, June 30, 2024, June 30, 2025, June 30, 2026, and June 30, 2027.

D. Housing Authority Audit Report
- The CONSULTANT shall conduct an examination of the Housing Authority’s financial statements in accordance with generally accepted auditing standards and Government Auditing Standards for fiscal years ending June 30, 2023, June 30, 2024, June 30, 2025, June 30, 2026, and June 30, 2027.
- The City will have the responsibility of preparing the annual Financial Statement.

E. City of Palmdale Civic Authority Audit Report
- The CONSULTANT shall conduct an examination of the Civic Authority’s financial statements in accordance with generally accepted auditing standards and Government Auditing Standards for fiscal years ending June 30, 2023, June 30, 2024, June 30, 2025, June 30, 2026, and June 30, 2027.
- The City will have the responsibility of preparing the annual Financial Statement.

F. City of Palmdale Financing Authority Audit Report
- The CONSULTANT shall conduct an examination of the Palmdale Financing Authority’s financial statements in accordance with generally accepted auditing standards and Government Auditing Standards for fiscal years ending June 30, 2023, June 30, 2024, June 30, 2025, June 30, 2026, and June 30, 2027. - The City will have the responsibility of preparing the annual Financial Statement. 3-20Concord - Document ID: N2U2NWE0MzktYT
G. City of Palmdale Community Foundation Audit Report
- The CONSULTANT shall conduct an examination of the Palmdale Community Foundation Authority’s financial statements in accordance with generally accepted auditing standards and Government Auditing Standards for fiscal years ending June 30, 2023, June 30, 2024, June 30, 2025, June 30, 2026, and June 30, 2027. - The CONSULTANT shall prepare the tax returns for each fiscal year by May 15th of the following year.
- The City will have the responsibility of preparing the annual Financial Statement.

H. Assessment and Community Facility Districts Audit Reports - The CONSULTANT shall prepare the following financial statements on behalf of the City as of and for the years ending June 30, 2023, June 30, 2024, June 30, 2025, June 30, 2026, and June 30, 2027.
-This includes the Governmental Activities and each major fund, for the year then ended. The CONSULTANT will issue an accountant's report thereon in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants:
i. Community Facilities District No. 91-1 (Sierra Gateway) ii. Community Facilities District No. 93-1 (Ritter Ranch) iii. Community Facilities District No. 2003-1 (Anaverde Improvement Area A) iv. Community Facilities District No. 05-1 (Trade & Commerce Center) v. Assessment District No. 2006-1 (Godde Hills Estates Sewer Improvements) - The CONSULTANT'S submission to the City will include required supplementary information, including management's discussion and analysis and budgetary comparison information required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context.

The Auditor shall indicate the degree of responsibility taken regarding such information but will not audit such information nor express an opinion on it. - The objective of a review is to obtain limited assurance that there are no material modifications that should be made to the financial statements for the statements to be in conformity with accounting principles generally accepted in the United States of 4-20Concord - Document ID: N2U2NWE0MzktYT
America.
- The CONSULTANT shall prepare the financial statements for the above-mentioned reports for the fiscal years ending June 30, 2023, June 30, 2024, June 30, 2025, June 30, 2026, and June 30, 2027.

I. Annual Development Impact Fees Report
- The CONSULTANT shall transcribe data from expenditure and revenue information and trial balances provided by the City onto spreadsheets that summarizes expenditure and revenue items in accordance with Government Code Section 66000 et al.
- The CONSULTANT shall sort the revenue and expenditure data in accordance with Government Code that will be consistent with the manner used by the City in prior annual reports. If such a manner is inconsistent with Government Code, the City will provide direction to the CONSULTANT as to which method of presentation to use.

The summary spreadsheets will provide the following:
i. The beginning and ending fund balance for each development fee account. ii. The amount of funds expended on each project for the year just ended. iii. The amount of developer fees collected, and interest earned for the year just ended.
iv. If applicable, a description of each inter-fund transfer or loan made from each development fee account.
v. If applicable, the amount of refunds made pursuant to the Government Code Section 66001.
- The CONSULTANT shall transcribe cash balance totals and fund balance totals from trial balances or drafted financial statements provided by the City onto spreadsheets for the purpose of documenting the length of time the City has held such funds.
- If fund balance or cash totals in the development fee accounts are being held by the City for more than five years, the CONSULTANT will identify such development fee accounts to the City .
- From copies of ordinances and resolutions provided to us by the City, the CONSULTANT will summarize the existing developer fee levies by fee type in a schedule and summarize the work in a written report to the City. 5-20Concord - Document ID: N2U2NWE0MzktYT
-The CONSULTANT shall submit for management review a draft of all reports. The final reports are subject to review by the City Council. The CONSULTANT shall incorporate, as part of the basic proposal, meeting time with staff and City Council for the purpose of discussing the audits or management letter and its conclusions.

J. Additional Services to Be Requested at City’s Option:
-Reports on other audits or agreed-upon procedures may be agreed to in writing and as stated in a supplemental audit agreement. Prior to beginning work, the scope of the study and associated costs shall be approved by the City.

Such as but not limited to:
- Responsibility of preparing the Annual Financial Statement. - Consulting services in connection with the implementation of new GASB pronouncements.
- City’s Financial Transactions Report to the State Controller Number of Copies of Report to Be Produced:
- ACFR – 1 pdf file
- Management and SAS 114 Letters – 1 pdf file
- Single Audit – 1 pdf file
- Gann Limit - 1 pdf file
- City of Palmdale Housing Authority – 1 pdf
- City of Palmdale Civic Authority – 1 pdf
- City of Palmdale Financing Authority – 1 pdf
- City of Palmdale Community Foundation – 1 pdf
- Assessment and Community Facilities District – 1 pdf
- Annual Development Impact Fees Report – 1 pdf
- Cities Financial Transactions Report – 1 pdf file
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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.

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:

ROGER ALFARO, KARLEE RANSOM, JESSICA ANDERSEN.

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, which approval may not be unreasonably withheld.
4 CONTRACT TERM
The term of this contract is Five Years (5) years, commencing on July 01, 2023. 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 7-20Concord - Document ID: N2U2NWE0MzktYT
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 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. 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 8-20Concord - Document ID: N2U2NWE0MzktYT
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 Nine Hundred and Sixty Thousand dollars ($960000), payable as follows:

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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 11-20Concord - Document ID: N2U2NWE0MzktYT
they will be available only to CITY and any specified public agencies. Such records shall be maintained by CONSULTANT for five (5) years following completion of the 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. 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

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

11.1.5 Cyber Liability
-$1,000,000 limit on a per occurrence basis

11.2 All of CONSULTANT’s policies other than professional liability and cyber 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.

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 property used in the performance of this Contract shall include a provision waiving the insurer’s right of subrogation against CITY.
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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, 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 and/or cyber 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 CONTRACTOR shall require any and all subcontractor's working on its behalf to provide insurance coverages and limits that are based on the scope of work and nature of risk being performed by the subcontractor. Any and all subcontractors working on behalf of CONTRACTOR shall be subject to all other insurance requirements that are stated herein.

Any deviation in this requirement will be CONTRACTOR's sole risk. CONTRACTOR's insurance requirements in Section 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 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 14-20Concord - Document ID: N2U2NWE0MzktYT
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
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. 15-20Concord - Document ID: N2U2NWE0MzktYT
15 OWNERSHIP OF DOCUMENTS
All documents, including, but not limited to, research, field notes, investigations, analysis, and studies which are prepared by CONSULTANT specifically for and required to be delivered to CITY 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 regard to their sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation or age. Affirmative action relating to 16-20Concord - Document ID: N2U2NWE0MzktYT
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 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 17-20Concord - Document ID: N2U2NWE0MzktYT
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. 18-20Concord - Document ID: N2U2NWE0MzktYT

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: EIDE BAILLY, LLP.:

RONDA PEREZ

CITY MANAGER

JESSICA ANDERSEN

PARTNER
ADDRESS FOR NOTICE:

CITY OF PALMDALE
38300 SIERRA HIGHWAY SUITE D
Palmdale, CA 93550

ADDRESS FOR NOTICE:

EIDE BAILLY, LLP.
10681 FOOTHILL BLVD
RANCHO CUCAMONGA, CA 91730
APPROVE AS TO FORM:

William P. Curley, III
Interim City Attorney

ATTEST:

Roxanne Faber
Acting City Clerk

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

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■Certificate(s) and Endorsement(s) attached
■Confirmed business name on contract with certificate(s) ■Attached Agreement Checklist and met all requirements
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City Council Staff Report

DATE: JULY 1, 2025

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: CITY MANAGER DEPARTMENT

COMMUNICATIONS DIVISION

DISTRICT: ALL

SUBJECT: APPROVE AGREEMENT WITH ADVANTAGE MAILING LLC FOR

THE PRINTING, BINDING, AND BUNDLING OF THE PALMDALE
MAGAZINE, FOR A NOT TO EXCEED AMOUNT OF $360,000, FOR

A THREE-YEAR TERM WITH THE OPTION TO EXTEND TWO

ADDITIONAL ONE-YEAR TERMS

RECOMMENDATION
Staff recommends that the City Council:

1. Approve Agreement No. A -9272 with Advantage Mailing LLC for the printing, binding, and bundling of the Palmdale magazine, for a not to exceed amount of $360,000, for a three-year term with the option to extend two additional one -year terms; and,

2. Authorize the City Manager Pro Tem or his designee to execute Agreement No.

A-9272 with Advantage Mailing LLC , including minimal and/or non -substantial changes.

BACKGROUND
The Palmdale: News, Activities and Entertainment magazine is an essential communications tool published three times annually, with a contingency special edition in the event of a major initiative , designed to keep residents, businesses, and partners informed of city news, events, services, and recreational opportunities. The magazine is distributed to households across zip codes 93550, 93551, 93552, and 93591.

DISCUSSION
A Request for Proposals (RFP No. 25 -001-1700) was published on March 18, 2025, seeking qualified vendors to provide printing, binding, and bundling services. The scope of work required high -quality full-color production on 70 lb. gloss stock, saddle -stitched binding, and precise delivery coordination with the City’s mailing partner. The term Report to Mayor and City Council
Re: Agreement No. A-9272 with Advantage Mailing LLC
July 1, 2025

Page 2 ends

outlined includes production of three annual issues (Fall, Winter/Spring, Summer) , with flexibility for one special edition and renewal options. Two proposals were received by the April 17, 2025, deadline.

After reviewing all proposals based on quality, technical ability, completeness, and price, Advantage Mailing LLC was chosen as the best and most cost-effective option.

Advantage Mailing has proposed a cost of $34,575.65 per issue for the 2025–26 fiscal year, with modest price increases projected over the subsequent two years. The vendor has a proven track record of delivering high-quality work on time for the City. Given their competitive pricing and demonstrated reliability, Advantage Mailing emerged as the clear and preferred choice for this contract.

FISCAL IMPACT
$360,000; A total of $360,000 is budgeted in the Contract Services -Magazine account.

For Fiscal Year 2025-26, the cost for three issues is $103,726.95. Estimated costs for the following years are $106,806.06 (2026-27) and $108,938.52 (2027-28). These amounts may change due to market conditions and paper availability.

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

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

Prepared by: Sara Gallagher, Deputy City Manager
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Salvador Mendez, City Manager Pro Tem
Approved as to form: Alexandra Halfman, Acting City Attorney

ATTACHMENTS
Agrmt No. A-9272 with Advantage Mailing LLC

AGREEMENT NO. A-9272

CONTRACT FOR SERVICES

BETWEEN THE CITY OF PALMDALE AND ADVANTAGE MAILING LLC

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 ADVANTAGE MAILING LLC, 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 Communications Manager 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:

It is understood that except as otherwise specifically stated in the contract, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, transportation and all other services and facilities of every nature whatsoever, necessary to execute, complete and deliver the work within the specified time.

CONTRACTOR will be responsible for the full scope of services appropriate to a project of this nature, including but not exclusive to the items enumerated herein.

Proposal pricing should reflect, without limitation, all such services required for the proper completion of the work.

A. Magazine Quality and Specifications
a. Page count: 52 pages, self-cover
b. Paper Stock: 70 lb., White, Gloss text, coated on two sides c. Finished Size: 8-1/4” x 10-3/4”
d. Prints: (4/4) 4 over 4, full-color process
1-13Concord - Document ID: generated after first signature e. Bleeds: Full bleed, on all sides
f. Coating: N/A
g. Binding: Fold, collate, saddle stitched, bind and trim h. Artwork: Will be created on the Macintosh platform in InDesign and can be supplied as native InDesign file(s) with placed images, or as a press-quality PDF i. Printing Method: Web press or sheet-fed
j. Over/Under: Should not exceed 2% of the quantity ordered Note: No paper substitutions will be considered
B. Proofs and Printing Press Check
a. Proofs provided by the CONTRACTOR are to have accurate color, folded and trimmed Blueline (or similar) for pagination. Crossovers, bleeds, etc., must be approved by City Communications Manager before printing. Proofs can be either delivered or mailed overnight to the City (cost to mail proofs to the City are the CONTRACTOR'S). Proofs will be returned to the CONTRACTOR via FedEx mail within two (2) business days (City will pay costs for returning proofs to the CONTRACTOR).
b. A printing press check will be required before the print run takes place. A printing press check with the designated City employee being present is preferred (if travel is limited to within an hour drive of the City of Palmdale). However, if this is not possible, the CONTRACTOR'S representative must conduct the printing press check to ensure quality and that the final printed piece matches exactly with the signed off proofs, and ensure the color matches the supplied color proofs supplied by the City, including accurate color pagination, and that all changes requested during the proofing process are made and placed correctly in the magazine.

C. Quantity and Delivery Schedule
CONTRACTOR shall produce approximately 55,000 copies for each issue of the Palmdale Magazine (Fall, Winter/Spring, and Summer) annually for 2025, 2026, and 2027. All magazines shall be packaged in boxes of 50.

Deliveries shall be made as follows:

Primary shipment to: Minuteman Press, 331 East Avenue K-4, Lancaster, CA 93535 (approximately 52,000 copies for direct mail).
500 copies to: City Hall, 38300 Sierra Highway, Suite A, Palmdale, CA 93550 Remaining copies to: City of Palmdale Recreation & Culture Department, 827 East Avenue Q-9, Palmdale, CA 93550
Special Edition (If Needed): CONTRACTOR shall produce an additional run of approximately 55,000 magazines on an as-needed basis, with identical packaging 2-13Concord - Document ID: generated after first signature and delivery requirements. Production and delivery deadlines for the special edition will be determined at the time of order.

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 1095 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:

Scott Ogle - Account Manager
Tom Ling - Managing Member
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.
3-13Concord - Document ID: generated after first signature

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 THREE (3) YEARS, commencing on the effective date, with CITY reserving the option to extend the agreement for TWO additional terms of one year each.

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

5.1 Records. The CONTRACTOR shall retain and shall contractually require each SUBCONTRACTOR to retain all data and other “records” relating to the acquisition and performance of the Contract for a period of five years after the completion of the Contract.
4-13Concord - Document ID: generated after first signature

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 THREE HUNDRED SIXTY THOUSAND dollars ($360000) for the completion of all the work and services described in Section 2, which sum shall include all costs or expenses incurred by CONTRACTOR, payable as follows:

See Cost Proposal, item 1 attached.

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. 5-13Concord - Document ID: generated after first signature

7.2 CONTRACTOR is an independent contractor and shall have no power or authority to incur any debt, obligation, or liability on behalf of CITY. No person employed by CONTRACTOR or acting on its behalf, in connection with this Contract shall be considered the Agent or employee of CITY.

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

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

CONTRACTOR shall indemnify and hold harmless CITY and anyone directly or indirectly employed by CITY from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the work, or resulting from the incorporation in the work of any invention, design, process, program, product or device not specified in the contract documents, and shall defend all such claims in connection with any alleged infringement of such rights. 9 INDEMNIFICATION
To the fullest extent permitted by law, CONTRACTOR and any subcontractors working on its behalf agree to indemnify CITY, its officers, employees, agents and elected and appointed boards (hereinafter “Indemnified Parties”) for any loss, claim, demand, cause of action, cost, expense, damage, obligation or liability which arises out of or is in any way connected with the performance of any work under this agreement, including any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of CONTRACTOR, or its subcontractors, and regardless of any acts, omissions or negligence (whether active or passive) of any person or entity indemnified hereunder. At their own expense, CONTRACTOR and, as applicable, any subcontractors working on its behalf, shall defend any suit, claim or action against the Indemnified Parties founded upon such loss, claim, demand, cause of action, cost, expense, damage, obligation or liability. CONTRACTOR shall 6-13Concord - Document ID: generated after first signature ensure that the contract of any subcontractor working under this agreement contain an indemnity agreement, requiring the subcontractor to indemnify and defend the Indemnified Parties pursuant the terms set forth above. CONTRACTOR shall indemnify the Indemnified Parties, and save it harmless from any and all loss, damage, costs, expenses and attorney's fees suffered or incurred on account of any breach of the aforesaid obligations and covenants, and any other provision or covenant of this agreement.
10 INSURANCE

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

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

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

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

Such insurance shall be primary insurance, as respects the interest of the City, and any other insurance maintained by the City shall be considered excess coverage and not contributing insurance with the insurance required hereunder. The certificates shall state: “The City of Palmdale, Successor Agency to the Community Redevelopment Agency of the City of Palmdale, Palmdale Civic Authority, Housing Authority, Industrial Development Authority, 7-13Concord - Document ID: generated after first signature Airport Authority, their officers, agents, employees and volunteers are named as additional insured”.

B. “Severability of Interest” Clause.

10.4 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.

10.9 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.

8-13Concord - Document ID: generated after first signature Any deviation in this requirement will be CONTRACTOR's sole risk. CONTRACTOR's insurance requirements in Section 10 will not be impacted and/or limited by such deviation.

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

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

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

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

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, 9-13Concord - Document ID: generated after first signature or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 11. 13 DISPUTE RESOLUTION
All claims, disputes, and other matters in question between CITY and CONTRACTOR arising out of or relating to this Contract or the breach thereof shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. 14 OWNERSHIP OF PRODUCT
All product, data, documents, programs and software including, but not limited to, research, field notes, investigations, analysis, studies, processes, software, instructions for use and other manuals, whether complete or incomplete, which are prepared or produced in the performance of this Contract are to be, and remain the property of CITY and shall be delivered to or left with CITY upon the completion or termination of this Agreement. CONTRACTOR shall furnish CITY, upon its request, originals and reproducible and electronic copies of product, data reports, studies and of all other documents listed above. Electronic copies shall be provided in an unprotected format which allows CITY to copy, reproduce and makes changes as CITY deems necessary.
15 DELEGATION AND ASSIGNMENT

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

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

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

CONTRACTOR will take affirmative action to ensure that applicants are employed, 10-13Concord - Document ID: generated after first signature and that employees are treated during employment, without regard to their sex, color, race, religion, ancestry, national origin, disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sexual orientation, age, gender, gender identity, gender expression, genetic information, or military and veteran status . Affirmative action relating to employment shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

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

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

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

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

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

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 11-13Concord - Document ID: generated after first signature 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.

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. 12-13Concord - Document ID: generated after first signature 22 ATTORNEY’S FEES

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

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

CITY OF PALMDALE: ADVANTAGE MAILING LLC:

Salvador Mendez
City Manager Pro Tem

Tom Ling
Managing Member

ADDRESS FOR NOTICE:

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

ADDRESS FOR NOTICE:

ADVANTAGE MAILING LLC
1600 N. Kraemer Blvd.

Anaheim, CA 92806
APPROVE AS TO FORM:

Alexandra M. Halfman
Acting 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
13-13Concord - Document ID: generated after first signature

1600 N. Kraemer Blvd.

Anaheim, CA 92806
Phone: (714) 538-3881 · Fax: (714) 632-8534

0BProposal

10BCity of Palmdale 1BProposal 2B280607..01r
38300 Sierra Highway
Suite D
Pamdale, CA 93550
3BDate 4BApril 7, 2025
Ph: 661.267.5100 Fax:

Project
Palmdale Magazine - 2025 - 2026
Art & List Supplied -
52 pg self
Prt - 4/4, 4cp / Same on 70# Gloss Book
Saddle Stitch to 8.25 x 10.75
52,000 = Bundle Tie in 50's w/ EDDM Slips - FOB: Lancaster, CA 93535 Balance Carton Pack Conv - FOB: Palmdale, CA 93550

Postage NOT INCLUDED

Note: Paper is Based on Current Costing and is Subject to Allocation, Mill Manufacturing Date BUT Paper Availability is NOT GUARENTEED
ESTIMATOR : Allison Nelson

Quantity of 55,000

5BServices
7BQuantity Setup Rate per 8BPrice
**Printing - Prt 16 pg Txt 4/4 on M600 55,000 $171.00 /m $9,404.95 **Printing - Prt 16 pg Txt 4/4 on M600 55,000 $165.21 /m $9,086.38 **Printing - Prt 16 pg Txt 4/4 on M600 55,000 $165.21 /m $9,086.38 **Printing - Prt 4 pg Txt 4/4 on M600 55,000 $67.83 /m $3,730.63 **Printing - Bindery 1 $2,241.31

Packaging-Hand Bundle
Bundle Tie in 50's
52,000 $8.00 /m $416.00
1 Deliver to Customer 93535

1 $610.00 ea $610.00

Total Cost for Services

$34,575.65

6BTotal Estimated Project Cost 55,000 Unit Price: $0.6286 $34,575.65

Quotation SUBJECT to re-quote upon receipt of customer artwork, film or mail piece. Postage MUST be received prior to drop. Actual postage may vary from estimate.

Due to market conditions the paper prices included in this quotation are based on current prices and are subject to adjustment and availability at the time the paper stock is shipped from the mill. Any price increase will be reflected with an adjustment to this proposal or on the invoice rendered to you. Over/under run of 5% shall constitute an acceptable delivery and be billed accordingly. Print pricing does NOT include sales tax if applicable. Prices based on the information received at the time of the quote and are subject to change upon receipt of the artwork.

Invoices 30 days past due shall bear interest at the rate of 1.5% per month.

Customer Signature: __________________________ Submitted by: ___________________________ Sales Rep.

Title: ___________________________________ By: _________________________________ Authorized Officer 11BScott Ogle

9BAccount ManagerSales Rep

1600 N. Kraemer Blvd.

Anaheim, CA 92806
Phone: (714) 538-3881 · Fax: (714) 632-8534

0BProposal

10BCity of Palmdale 1BProposal 2B280607..02r
38300 Sierra Highway
Suite D
Pamdale, CA 93550
3BDate 4BApril 7, 2025
Ph: 661.267.5100 Fax:

Project
Palmdale Magazine - 2026 - 2027
Art & List Supplied -
52 pg self
Prt - 4/4, 4cp / Same on 70# Gloss Book
Saddle Stitch to 8.25 x 10.75
52,000 = Bundle Tie in 50's w/ EDDM Slips - FOB: Lancaster, CA 93535 Balance Carton Pack Conv - FOB: Palmdale, CA 93550

Postage NOT INCLUDED

Note: Paper is Based on Current Costing and is Subject to Allocation, Mill Manufacturing Date BUT Paper Availability is NOT GUARENTEED
ESTIMATOR : Allison Nelson

Quantity of 55,000

5BServices
7BQuantity Setup Rate per 8BPrice
**Printing - Prt 16 pg Txt 4/4 on M600 55,000 $176.13 /m $9,687.10 **Printing - Prt 16 pg Txt 4/4 on M600 55,000 $170.15 /m $9,358.91 **Printing - Prt 16 pg Txt 4/4 on M600 55,000 $170.15 /m $9,358.91 **Printing - Prt 4 pg Txt 4/4 on M600 55,000 $69.86 /m $3,842.55 **Printing - Bindery 1 $2,308.55

Packaging-Hand Bundle
Bundle Tie in 50's
52,000 $8.00 /m $416.00
1 Deliver to Customer 93535

1 $630.00 ea $630.00

Total Cost for Services

$35,602.02

6BTotal Estimated Project Cost 55,000 Unit Price: $0.6473 $35,602.02

Quotation SUBJECT to re-quote upon receipt of customer artwork, film or mail piece. Postage MUST be received prior to drop. Actual postage may vary from estimate.

Invoices 30 days past due shall bear interest at the rate of 1.5% per month.

Customer Signature: __________________________ Submitted by: ___________________________ Sales Rep.

Title: ___________________________________ By: _________________________________ Authorized Officer 11BScott Ogle

9BAccount ManagerSales Rep

1600 N. Kraemer Blvd.

Anaheim, CA 92806
Phone: (714) 538-3881 · Fax: (714) 632-8534

0BProposal

10BCity of Palmdale 1BProposal 2B280607..03r
38300 Sierra Highway
Suite D
Pamdale, CA 93550
3BDate 4BApril 7, 2025
Ph: 661.267.5100 Fax:

Project
Palmdale Magazine - 2027 - 2028
Art & List Supplied -
52 pg self
Prt - 4/4, 4cp / Same on 70# Gloss Book
Saddle Stitch to 8.25 x 10.75
52,000 = Bundle Tie in 50's w/ EDDM Slips - FOB: Lancaster, CA 93535 Balance Carton Pack Conv - FOB: Palmdale, CA 93550

Postage NOT INCLUDED

Note: Paper is Based on Current Costing and is Subject to Allocation, Mill Manufacturing Date BUT Paper Availability is NOT GUARENTEED
ESTIMATOR : Allison Nelson

Quantity of 55,000

5BServices
7BQuantity Setup Rate per 8BPrice
**Printing - Prt 16 pg Txt 4/4 on M600 55,000 $179.64 /m $9,880.42 **Printing - Prt 16 pg Txt 4/4 on M600 55,000 $173.57 /m $9,546.15 **Printing - Prt 16 pg Txt 4/4 on M600 55,000 $173.57 /m $9,546.15 **Printing - Prt 4 pg Txt 4/4 on M600 55,000 $71.26 /m $3,919.40 **Printing - Bindery 1 $2,354.72

Packaging-Hand Bundle
Bundle Tie in 50's
52,000 $8.00 /m $416.00
1 Deliver to Customer 93535

1 $650.00 ea $650.00

Total Cost for Services

$36,312.84

6BTotal Estimated Project Cost 55,000 Unit Price: $0.6602 $36,312.84

Quotation SUBJECT to re-quote upon receipt of customer artwork, film or mail piece. Postage MUST be received prior to drop. Actual postage may vary from estimate.

Invoices 30 days past due shall bear interest at the rate of 1.5% per month.

Customer Signature: __________________________ Submitted by: ___________________________ Sales Rep.

Title: ___________________________________ By: _________________________________ Authorized Officer 11BScott Ogle

9BAccount ManagerSales Rep

City Council Staff Report

DATE: JULY 1, 2025

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION

DISTRICT: ALL

SUBJECT: ADOPT RESOLUTION NO. CC 2025-051, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALMDALE RECOMMENDING
CITY COUNCIL MODIFY THE PLANNING COMMISSION’S MEETING
TIME TO 6:00PM BEGINNING ON AUGUST 14, 2025

RECOMMENDATION

Staff recommend that the City Council:

Adopt Resolution No. CC 2025 -051, a Resolution of the City Council of the City of Palmdale recommending that the City Council modify the Planning Commission’s meeting time to 6:00 p.m. beginning on August 14, 2025.

BACKGROUND

Palmdale Municipal Code (PMC) Section 2.46.070, states that "Meetings of the Planning Commission shall be held on such days and at such times and location as may be established by the Commission for the conduct of its business and ratified by the City Council." Currently, the Planning Commission of the City of Palmdale meets on the second Thursday of each month at 5:00 p.m. in the Council Chamber, located at 38300 North Sierra Highway, Suite B.

On June 3, 2009, the City Council adopted Resolution No. CC 2009-093, which modified the Planning Commission's meetings from two meetings per month (previously held on the second and fourth Thursdays) to one meeting per month, scheduled for the second Thursday at 7:00 p.m.

On February 13, 2025, the Planning Commission approved Resolution No. PC 2025-004 recommending City Council ratify a change to the Planning Commission's meeting time from 7:00 pm to 5:00 p.m. beginning in April 2025.

Report to Mayor and City Council
Re: Planning Commission Meeting Time
July 1, 2025

Page 2 ends

Then, on March 18, 2025, the City Council adopted Resolution No. CC 2025-019, ratifying the Planning Commission's meeting time from 7:00 p.m. to 5:00 p.m.

On April 15, 2025, the Council requested that the Planning Commission revisit the meeting time of 5:00 p.m.

On June 12, 2025, the Planning Commission adopted Resolution No. PC 2025-013 modifying the meeting time from 5:00 p.m. to 6:00 p.m.

DISCUSSION

Planning Commission meetings are a platform to conduct the City’s corporate business affairs with various businesses and the development community. Modifying the time from 5:00 p.m. to 6:00 p.m. allows the Planning Commission to conduct City business during hours that align with the corporate, development, legislative, and business community.

This will allow the C ommission, staff, businesses, and community to conduct business during standard working hours instead of late into the evening, which can negatively affect health and wellbeing and lead to decisions being compromised due to fatigue.

FISCAL IMPACT

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

STRATEGIC PLAN

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

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

Prepared by: Megan Taggart, Director of Economic and
Community Development
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Salvador Mendez, City Manager Pro Tem
Approved as to form: Alexandra Halfman, Acting City Attorney

ATTACHMENTS

Reso No. CC 2025-051
Reso No. PC 2025-013
Reso No. CC 2025-019
Reso No. PC 2025-004
Reso No. CC 2009-093

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2025-051

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE,

CALIFORNIA, APPROVING THE MODIFICATION OF THE PLANNING
COMMISSION MEETING TIME FROM 5:00 P.M. TO 6:00 P.M.

BEGINNING AUGUST 14, 2025

WHEREAS, Palmdale Municipal Code Section 2.46.070 states that "meetings of the Planning Commission shall be held on such days and at such time and location as may be established by the Commission for conduct of its business and ratified by the City Council.”

WHEREAS, on June 3, 2009, the City Council adopted Resolution No. CC 2009- 093 to modify the dates of the Planning Commission mee tings from two meetings per month on the second and fourth Thursday to one meeting per month, held on the second Thursday of the month; and,

WHEREAS, on February 13, 2025, the Planning Commission approved Resolution No. PC 2025-004 recommending City Council ratify a change to the Planning Commission’s meeting time from 7:00 pm to 5:00 p.m. beginning in April 2025.

WHEREAS, on March 18, 2025, the City Council adopted Resolution No. CC 2025-019 to modify the meeting time of the Planning Commission from 7:00 p.m. to 5:00 pm; and,

WHEREAS, on June 12, 2025, the Planning Commission approved Resolution No. PC 2025-013 to modify the meeting time of the Planning Commission from 5:00 p.m. to 6:00 p.m.; and,

WHEREAS, the proposal does not include changes to the meeting date and location, which will remain on the second Thursday of the month at the Council Chamber of the City of Palmdale, located at 38300 Sierra Highway, Suite B; and,

WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW THEREFORE, BE IT RESOLVED, THE PLANNING COMMISSION OF THE CITY

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

Resolution No. CC 2025-051

Page 2 ends

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

SECTION 2. The City Council ratifies the meeting time of the Planning Commission of the City of Palmdale to 6:00 p.m. beginning August 14, 2025.

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

PASSED, APPROVED and ADOPTED this 1st day of July, 2025.

_________________________________
Approved as to form: Richard J. Loa, Mayor

ATTEST:
________________________________ _________________________________ Alexandra Halfman, Acting City Attorney Rochelle Scott, City Clerk

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 1st day of July 2025, by the following roll call vote:

AYES:

NOES: ___________________________________________________________

ABSTAIN: ______________________ABSENT: ___________________________

Date:

Rochelle Scott, City Clerk

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2025-019

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE,

CALIFORNIA, APPROVING THE MODIFICATION OF THE PLANNING COMMISSION MEETING TIME FROM 7:00 P.M. TO 5:00 P.M.

BEGINNING AT THE APRIL 10, 2025, MEETING

WHEREAS, on June 3, 2009, the City Council adopted Resolution No. CC 2009- 093 to modify the dates of the Planning Commission meetings from two meetings per month on the second and fourth Thursday to one meeting per month, held on the second Thursday of the month.

WHEREAS, the proposal is a request for the City Council approval of setting the meeting time of the Commission at 5:00 P.M. beginning at the April 10, 2025, meeting.

WHEREAS, the proposal does not include changes to the meeting date and location, which will remain on the second Thursday of the month in the Council Chamber of the City of Palmdale, located at 38300 Sierra Highway, Suite B.

WHEREAS, the Planning Commission adopted Resolution No. PC -2025-004 recommending that the City Council approve the modification of the Planning Commission meeting time from 7:00 p.m. to 5:00 p.m. beginning in April 2025.

WHEREAS, All legal prerequisites to the adoption of this Resolution have occurred.

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

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

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

SECTION 2. The City Council ratifies the meeting time of the Planning Commission of the City of Palmdale to 5:00 p.m. beginning at the April 10, 2025, meeting.

Resolution No.

C
C

2025
-
019

Page
2 SECTION
3 .

The
City

Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED

and

ADOPTED

this

1 8
th

day of

March
, 2025.

_________________________________

Approved as to form:

Richard J. Loa
, 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

18 th

day of
March

20 25,

by the following roll call vote:

AYES:

NOES: ___________________________________________________________

ABSTAIN: ______________________ABSENT: ___________________________

Date:

Rochelle Scott,
City Clerk

Loa, Bettencourt, Bishop, Ohlsen, Alarcón
None
None
None

City Council Staff Report

DATE: JULY 1, 2025

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: PUBLIC WORKS DEPARTMENT

DISTRICT: ALL

SUBJECT: APPROVE COMMUNITY WORKFORCE AGREEMENT (CWA) BY

AND BETWEEN THE CITY OF PALMDALE AND LOS

ANGELES/ORANGE COUNT IES BUILDING AND CON STRUCTION

TRADES COUNCIL AND THE SIGNATORY CRAFT COUNCILS AND

LOCAL UNIONS

RECOMMENDATION

Staff recommend that the City Council:

1. Approve CWA, Agreement No. A-9406, by and between the City of Palmdale and Los Angeles/Orange Counties Building and Construction Trades Council (Trades Council), the Signatory Craft Councils and Local Union; and,

2. Authorize the City Manager Pro Tem to execute the CWA.

BACKGROUND

On October 2, 2018, the City Council approved a CWA with Trades Council. In summary, the Agreement established the labor relations policies and procedures for the City and for the craft employees represented by the Unions engaged in projects designated by the City Council as a part of the City’s Capital Improvement P rogram (CIP) and other as- needed specialized work. The terms of the CWA apply to all contractors and subcontractors who successfully bid on the eligible project and supersede any existing collective bargaining agreements.

DISCUSSION

The purpose of the Agreement (CWA), as outlined in Attachment 1, is to partner with the City’s CIP to:

 Increase local resident and veteran involvement in the construction industry,  Assist them in entering the construction trades; and, Report to Mayor and City Council
Re: Approve Community Workforce Agreement No. A-9406
July 1, 2025

Page 2 ends

 Offer training via joint labor/management-sponsored apprenticeship programs.

This proposed CWA is similar to the previous agreement between the City, the Trades Council, and other local agencies. It will take effect once signed by all parties and remain in force for four years, with an automatic two -year extension unless either party gives written notice at least 60 days before the end date.

The Trades Council includes 26 local unions, such as cement masons, electricians, iron workers, operating engineers, carpenters, and roofers.

Some of the key requirements in the CWA are:

 Covered Projects:
 All multi-trade prime contracts over $750,000 (and their subcontracts)  All specialty prime contracts over $150,000 (and their subcontracts)

 Local Hire Goals:
 Similar to the previous agreement, this CWA sets goals to hire local residents and veterans.

FISCAL IMPACT

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

STRATEGIC PLAN

Goal III: Invest in infrastructure to improve community viability.

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

Prepared by: Leonardo Torres, P.E.,
Director of Public Works
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Salvador Mendez, City Manager Pro Tem
Approved as to form: Alexandra Halfman, Acting City Attorney

ATTACHMENTS

Agrmt No. A -9406, CWA with Trades Council, the Signatory Craft Councils and Local Unions

City of Palmdale 1 Community Workforce Agreement

SUCCESSOR COMMUNITY WORKFORCE AGREEMENT

BY AND BETWEEN

THE CITY OF PALMDALE

AND

LOS ANGELES/ORANGE COUNTIES

BUILDING AND CONSTRUCTION TRADES COUNCIL

AND THE SIGNATORY CRAFT COUNCILS AND UNIONS

City of Palmdale 2 Community Workforce Agreement

TABLE OF CONTENTS Page ARTICLE 1 DEFINITIONS 3 ARTICLE 2 SCOPE OF THE AGREEMENT 4 ARTICLE 3 UNION RECOGNITION AND EMPLOYMENT 9 ARTICLE 4 UNION ACCESS AND STEWARDS 14 ARTICLE 5 WAGES AND BENEFITS 15 ARTICLE 6 WORK STOPPAGES AND LOCKOUTS 16 ARTICLE 7 WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES 20 ARTICLE 8 MANAGEMENT RIGHTS 21 ARTICLE 9 SETTLEMENT OF GRIEVANCES AND DISPUTES 23 ARTICLE 10 REGULATORY COMPLIANCE 25 ARTICLE 11 SAFETY 25 ARTICLE 12 APPRENTICES 26 ARTICLE 13 PRE-JOB CONFERENCES 27 ARTICLE 14 WORK OPPORTUNITIES PROGRAM 27 ARTICLE 15 SAVINGS AND SEPARABILITY 28 ARTICLE 16 WAIVER 28 ARTICLE 17 AMENDMENTS 28 ARTICLE 18 DURATION OF THE AGREEMENT 29 ATTACHMENT A – LETTER OF ASSENT 31 ATTACHMENT B – LOCAL RESIDENT ZIP CODES 32 ATTACHMENT C – CRAFT REQUEST FORM 33

ATTACHMENT D - DRUG AND ALCOHOL TESTING POLICY 35

City of Palmdale 3 Community Workforce Agreement

CITY OF PALMDALE

SUCCESSOR COMMUNITY WORKFORCE AGREEMENT

This successor Community Workforce Agreement (“Agreement”) is entered into by and between the City of Palmdale and its successors or assigns, (“City”), the Los Angeles/Orange Counties Building and Construction Trades Council (“Council”), and the signatory Craft Councils and Local Unions signing this Agreement (collectively, the “Union” or “Unions”). This Agreement establishes the labor relations Policies and Procedures for the City and for the craft employees represented by the Unions engaged in the City’s Improvement Projects as more fully described below. The City, Council and Unions are hereinafter referred to herein, as the context may require, as “Party” or “Parties.”

It is understood by the Parties to this Agreement that if this Agreement is acceptable to the City, it will become the policy of the City for the Project Work to be contracted exclusively to Contractors who agree to execute and be bound by the terms of this Agreement, directly or through the Letter of Assent (a form of which is attached as Attachment A), and to require each of its subcontractors, of whatever tier, to become bound. The City shall include, directly or by incorporation by reference, the requirements of this Agreement in the advertisement of and/or specifications for each and every contract for Project Work to be awarded by the City.

ARTICLE I

DEFINITIONS

Section 1.1 "Agreement" means this Community Workforce Agreement.

Section 1.2 "Apprentice" means those employees indentured and participating in a Joint Labor/Management Apprenticeship Program approved by the State of California, Department of Industrial Relations, Division of Apprenticeship Standards.

Section 1.3 "Construction Contract" and "Construction Contracts" means any contract entered into by the as defined by Section 2.2.

Section 1.4 “Contractor" means any individual firm, partnership, owner operator, or corporation, or combination thereof, including joint ventures, which is an independent business enterprise and which has entered into a Construction Contract with the City or any of its contractors or any of the City's or contractor's subcontractors of any tier, with respect to the construction of any part of a Project under contract terms and conditions approved by the City and which incorporate this Agreement.

Section 1.5 "City" means the City of Palmdale.

Section 1.6 "Joint Labor/Management Apprenticeship Program" as used in this Agreement means a joint Union and Contractor administered apprenticeship program certified by the State of California, Department of Industrial Relations, Division of Apprenticeship Standards.

City of Palmdale 4 Community Workforce Agreement

Section 1.7 "Letter of Assent" means the document that each Contractor (of any tier) must sign and submit to the City before beginning any Project Work, which formally binds such Contractor(s) to adherence to all the forms, requirements, and conditions of this Agreement in the form attached hereto as Attachment A.

Section 1.8 "Master Labor Agreements" or "MLA" as used in this Agreement means the local collective bargaining agreements of the signatory Unions having jurisdiction over the Project Work and which have signed this Agreement.

Section 1.9 "Project," "City Project" or "Project Work" means the construction work to be performed on City property or within easements secured by the City consisting of the construction of public projects, as defined in Section 22002 of the California Public Contract Code, pursuant to a Construction Contract entered into by the City, as more fully described in Article 2, below.

Section 1.10 "Subscription Agreement" means the contract between a Contractor and a Union’s Labor/Management Trust Fund(s) that allows the Contractor to make the appropriate fringe benefit contributions in accordance with the terms of a Master Labor Agreement.

Section 1.11 "Specialty Contracts" means single craft contract.

Section 1.12 The use of masculine or feminine gender or titles in this Agreement should be construed as including both genders and not as gender limitations unless the Agreement clearly requires a different construction. Further, the use of Article titles and/or Section headings are for information only, and carry no legal significance.

ARTICLE 2

SCOPE OF THE AGREEMENT

Section 2.1 General This Agreement shall apply and is limited to all of the City’s Project Work, as specified in Section 2.2 of this Article, performed by those Contractor(s) of whatever tier that have contracts awarded for such work, for the development of the City’s facilities which, jointly, constitute the Project, and have been designated by the City for construction or rehabilitation.

Section 2.2 Specific The work covered by this Agreement is defined and limited to:

(a) All construction and rehabilitation work pursuant to prime multi-trade contracts that exceed $750,000 and all subcontracts arising from these prime contracts; and

(b) All prime specialty contracts that exceed $150,000, and all subcontracts arising from these specialty contracts (but the Parties agree to discuss this threshold on or about the fourth anniversary of the effective date of this Successor Agreement);

City of Palmdale 5 Community Workforce Agreement

(c) It is understood by the Parties that the City may at any time, and at its sole discretion, add additional projects under this Agreement not set forth in subsections (a) and (b), above.

(d) Work covered by this Agreement shall also include projects built by, with or for the City where the City has a “Proprietary Interest” in a project. For the purposes of this Article, Proprietary Interest means: Where the City provides a cash payment, tax credit, loan or where the City transfers an asset of value for less than fair market price for the project site or project to be developed that exceeds one-million dollars.

(e) Project Work shall also include renewable energy projects that (A) exceed the threshold in Section 2.2 (a) and 2.2 (b), including, but not limited to, electric vehicle infrastructure, solar photovoltaics, battery energy storage, microgrids and hydrogen electrolysis, and (B) (i) are funded in whole or in part by the City, (ii) constructed on property owned by the City, or (iii) the City receives state/federal grant funding for the project in whole or in part.

Section 2.3 Bundling of Contracts The Parties understand that, to the maximum extent feasible, and consistent with goals of the City to (i) utilize this Agreement as the labor relations policy for its construction and rehabilitation program and (ii) fully utilize the services of local small business enterprises for such construction and rehabilitation work:

(a) The City, in its sole discretion, will seek to group (or “bundle”) for bidding, contracts not meeting the thresholds of Section 2.2 (a) or (b) above. (Small contracts for like types of work, scheduled to be undertaken at the same facility or on the same project site, and within the same timeframe, will be considered for such bundling, consistent with economies of scale, and the purposes of this Agreement); and

(b) Project Work will not be split, divided, or otherwise separated for contract award purposes to avoid application of this Agreement.

Section 2.4 This Agreement shall not apply to any work of any Contractor other than that on Project Work specifically covered by this Agreement.

Section 2.5 Exclusions Items specifically excluded from the Scope of this Agreement include the following:

(a) Work of non-manual employees, including but not limited to: superintendents; supervisors; staff engineers; time keepers; mail carriers; clerks; office workers; messengers; guards; safety personnel; emergency medical and first aid technicians; and other professional, engineering, administrative, supervisory and management employees;

(b) Equipment and machinery owned or controlled and operated by the City;

(c) All off-site manufacture and handling of materials, equipment or machinery; provided, however, that lay down or storage areas for equipment or material and manufacturing (prefabrication) sites, dedicated solely to the Project or Project Work, and the movement of

City of Palmdale 6 Community Workforce Agreement

materials or goods between locations on a Project site are within the scope of this Agreement, and further included are the hauling/delivery of soil, sand, gravel, aggregate rocks, concrete, asphalt, excavation materials, fill material and construction debris which shall be covered by this Agreement;

(d) All employees of the City, design teams (including, but not limited to architects engineers and master planners), or any other consultants for the City (including, but not limited to, project managers and construction managers and their employees where not engaged in Project Work) and their sub-consultants, and other employees of professional service organizations, not performing manual labor within the scope of this Agreement; provided, however, that it is understood and agreed that Surveyors and Building/Construction Inspector and Field Soils and Materials Testers (collectively “Inspectors”) are a covered craft under the CWA. (This inclusion applies to the scope of work defined in the MLA for said Craft. This shall also specifically include such work where it is referred to by utilization of such terms as "quality control" or "quality assurance." Every Inspector performing under the Wage classification of Surveyor, Building/Construction Inspector and Field Soils and Material Testers under a professional services agreement or a construction contract shall be bound to all applicable requirements of the CWA. Project Work as defined by this Agreement shall be performed pursuant to the terms and conditions of this Agreement regardless of the manner in which the work was awarded;

(e) Any work performed on or near or leading to or into a site of work covered by this Agreement and undertaken by state, county, city or other governmental bodies, or their Contractors; or by public utilities, or their Contractors; and/or by the City or its Contractors (for work for which is not within the scope of this Agreement);

(f) Off-site maintenance of leased equipment and on-site supervision of such work;

(g) Work by employees of manufacturer or vendor necessary to maintain the manufacturer or vendor's warranties or guaranty. The warranty and guaranty provision requiring the work to be performed solely by the manufacturer or vendor's employees will be provided to the Council not less than seven (7) calendar days prior to commencement of such work. When the warranty does not require installation by the manufacturer's or vendor's own personnel or a contractor certified by the manufacturer, the Unions agree to perform and install such work under the supervision and direction of the manufacturer's representative. This does not apply to construction equipment used for construction of the Project.

(h) Non-construction support services contracted by the City or Contractor in connection with this Project;

(i) Off-site laboratory work for testing;

(j) Labor or other work performed by anyone in connection with (i) any Project Work funded in whole or in part with funds awarded by the California Department of Housing and Community Development under Community Development Block Grant funds awarded by the United State Department of Housing and Urban Development; and (ii) any other Project of

City of Palmdale 7 Community Workforce Agreement

the City for the construction, rehabilitation and/or preservation of buildings and structures for affordable housing for extremely low, very low, low- moderate income persons or families within the meaning of Health & Safety Code Section 33334.2(a). But this exception will become null and void and the work will become included under this Agreement if the City is successful in achieving a vehicle miles travel exemption.

(k) Any work that would ordinarily be subject to this Agreement, but has been deemed immediately required as a result of a local emergency, in accordance with the emergency contracting procedures set forth in Section 22050 of the Public Contract Code.

(l) Tree trimming, park/landscape maintenance contracts;

(m) Electrical/sound/lighting/projection rigging and operation for events/shows at The Amphitheater, Palmdale Playhouse or Special Events;

(n) Temporary stage construction and temporary tent installation;

(o) Routine maintenance of athletic facilities completed by City employees; and

(p) Routine maintenance of aquatic mechanical systems by City employees.

Section 2.6 Awarding of Contracts

(a) The City and/or the Contractors, as appropriate, have the absolute right to award contracts or subcontracts on this Project to any Contractor notwithstanding the existence or non- existence of any agreements between such Contractor and any Union parties, provided only that such Contractor is willing, ready and able to execute and comply with this Community Workforce Agreement should such Contractor be awarded work covered by this Agreement.

(b) It is agreed that all Contractors and subcontractors of whatever tier, who have been awarded contracts for work covered by this Agreement, shall be required to accept and be bound to the terms and conditions of this Community Workforce Agreement, and shall evidence their acceptance by the execution of the Letter of Assent as set forth in Attachment A hereto, prior to the commencement of work. At the time that any Contractor enters into a subcontract with any subcontractor of any tier providing for the performance on the construction contract, the Contractor shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor, as a part of accepting the award of a construction subcontract, to agree in writing in the form of a Letter of Assent to be bound by each and every provision of this Agreement prior to the commencement of work on the Project. No Contractor or subcontractor shall commence Project Work without having first provided a copy of the Letter of Assent as executed by it to the City Project Manager and to the Council forty-eight (48) hours before the commencement of Project Work, or within forty-eight (48) hours after the award of Project Work to that Contractor (or subcontractor), whichever occurs later.

(c) The City agrees that to the extent permitted by law and consistent with the economy and efficiency of construction and operation, it will use its best efforts to purchase

City of Palmdale 8 Community Workforce Agreement

materials, equipment and supplies which will not create labor strife. Under all circumstances, however, the City shall retain the absolute right to select the lowest reliable and responsible bidder for the award of contracts on all projects.

Section 2.7 Coverage Exception

(a) This Agreement shall not apply if the City receives funding or assistance from any Federal, State, local or other public entity for the Construction Contract if a requirement, condition or other term of receiving that funding or assistance, at the time of the awarding of the contract, is that the City not require, bidders, contractors, subcontractors or other persons or entities to enter into an agreement with one or more labor organizations or enter into an agreement that contains any of the terms set forth herein. The City agrees that it will make every effort to establish the enforcement of this Agreement with any governmental agency or granting authority.

(b) Should the City receive funding or assistance from any federal, state, local, or other public agency that prohibits the use of geographic-based hiring preferences, then such geographic-based hiring preferences, as set forth in Sections 3.5, 3.6, 3.8 and 12.1 in this Agreement, shall not apply to the work funded by such federal source.

Section 2.8 Master Labor Agreements

(a) The provisions of this Agreement, including the MLAs, (which are the local Master Labor Agreements of the signatory Unions having jurisdiction over the work on the Project, as such may be changed from time-to-time and which are incorporated herein by reference) shall apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area and/or national agreement which may conflict with or differ from the terms of this Agreement. However, such does not apply to work performed under the National Cooling Tower Agreement, the National Stack Agreement, the National Transit Division Agreement (NTD), or within the jurisdiction of the International Union of Elevator Constructors and all instrument calibration and loop checking work performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, except that Articles dealing with Work Stoppages and Lock-Outs, Work Assignments and Jurisdictional Disputes, and Settlement of Grievances and Disputes shall apply to such work. It is specifically agreed that no later agreement shall be deemed to have precedence over this Agreement unless signed by all Parties signatory hereto who are then currently employed or represented at the Project. Where a subject covered by the provisions of this Agreement is also covered by a MLA, the provisions of this Agreement shall apply. Where a subject is covered by a provision of a MLA and not covered by this Agreement, the provisions of the MLA shall prevail. Any dispute as to the applicable source between this Agreement and any MLA for determining the wages, hours of working conditions of employees on this Project shall be resolved under the procedures established in Article 10.

(b) It is understood that this Agreement, together with the referenced MLA’s, constitutes a self-contained, stand-alone agreement and by virtue of having become bound to this Community Workforce Agreement, the Contractor will not be obligated to sign any other local,

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area or national collective bargaining agreement as a condition of performing work within the scope of this Agreement (provided, however, that the Contractor may be required to sign a uniformly applied, non-discriminatory Participation Agreement at the request of the trustees or administrator of a trust fund established pursuant to Section 302 of the Labor Management Relations Act, and to which such Contractor is bound to make contributions under this Agreement, provided that such Participation Agreement does not purport to bind the Contractor beyond the terms and conditions of this Agreement and/or expand its obligation to make contributions pursuant thereto). It shall be the responsibility of the prime Contractor to have each of its subcontractors sign the documents described herein, with the appropriate Craft Union prior to the subcontractor beginning work on covered Projects.

Section 2.9 Workers’ Compensation Carve-out The Parties recognize the potential which the Project Work may provide for the implementation of a cost effective workers’ compensation system, as permitted by revised California Labor Code Section 3201.5, and it is understood that the City is in an ongoing review of the value of such a program. Should the City request, the Union parties agree to meet and negotiate in good faith with representatives of the City for the development, and subsequent implementation, of an effective program involving improved and revised dispute resolution and medical care procedures for the delivery of workers’ compensation benefits and medical coverage as permitted by the California Labor Code.

Section 2.10 Binding Signatories Only This Agreement shall only be binding on the signatory Parties hereto, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such Party.

Section 2.11 Other City Work This Agreement shall be limited to the construction work within the Scope of this Agreement including, specifically, site preparation and related demolition work, and new construction and major rehabilitation work for new or existing facilities referenced in Section 2.2 above. Nothing contained herein shall be interpreted to prohibit, restrict, or interfere with the performance of any other operation, work or function not covered by this Agreement, which may be performed by City Employees or contracted for by the City for its own account, on its property or in and around a Project site.

Section 2.12 Separate Liability It is understood that the liability of the Contractor(s) and the liability of the separate Unions under this Agreement shall be several and not joint. The Unions agree that this Agreement does not have the effect of creating any joint employment status between or among the City and/or any Contractor.

Section 2.13 Completed Project Work As areas of covered work are accepted by the City, this Agreement shall have no further force or effect on such items or areas except where the Contractor is directed by the City or its representatives to engage in repairs, modification, check- out and/or warranties functions required by its contract(s) with the City.

ARTICLE 3

UNION RECOGNITION AND EMPLOYMENT

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Section 3.1 Recognition The Contractor recognizes the Council and the signatory local Unions as the exclusive bargaining representative for the employees engaged in Project Work.

Contractors further recognize that the Unions shall be the primary source of all craft labor employed on City Projects. In the event that a Contractor has its own core workforce, said Contractor shall follow the procedures outlined below.

Section 3.2 Contractor Selection of Employees The Contractor shall have the right to determine the competency of all employees, the number of employees required, the duties of such employees within their craft jurisdiction, and shall have the sole responsibility for selecting employees to be laid off, unless expressly limited or required by a specific provision of this Agreement or an MLA. The Contractor shall also have the right to reject any applicant referred by a Union for any reason, subject to any required reporting pay; provided, however, that such right is exercised in good faith and not for the purpose of avoiding the Contractor’s commitment to employ qualified workers through the procedures endorsed in this Agreement. The Unions shall in good faith only refer employees who possess the specific skills, licenses, certifications and qualifications requested by the Contractor to competently and safely perform the specific labor or other work requested by the Contractor and who are in fact able and available to perform the labor or other work on the specific day(s) and time(s) required by the Contractor.

Section 3.3 Referral Procedures

(a) For signatory Unions now having a job referral system contained in a MLA, the Contractor agrees to comply with such system and it shall be used exclusively by such Contractor, except as modified by this Agreement. Such job referral system will be operated in a nondiscriminatory manner and in full compliance with federal, state, and local laws and regulations which require equal employment opportunities and non-discrimination. All of the foregoing hiring procedures, including related practices affecting apprenticeship, shall be operated so as to consider the goals of the City to encourage employment of City residents and utilization of small local businesses on the Project, and to facilitate the ability of all Contractors to meet their employment needs.

(b) The local Unions will exert their best efforts to recruit and refer sufficient numbers of skilled craft workers to fulfill the labor requirements of the Contractor, including specific employment obligations to which the Contractor may be legally and/or contractually obligated; and to refer apprentices as requested to develop a larger, skilled workforce. The local Unions will work with their affiliated regional and national unions, to identify and refer competent craft persons as needed for Project Work, and to identify and hire individuals, particularly residents of the City, for entrance into joint labor/management apprenticeship programs, or to participate in other identified programs and procedures to assist individuals in qualifying and becoming eligible for such apprenticeship programs, all maintained to increase the available supply of skilled craft personnel for Project Work and future construction of maintenance work to be undertaken by the City.

(c) The Union shall not knowingly refer an employee currently employed by a Contractor on a covered Project to any other Contractor.

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Section 3.4 Non-Discrimination in Referral, Employment, and Contracting The Unions and the Contractors agree that they will not discriminate against any employee or applicant for employment in hiring and dispatching on the basis of race, color, religion, sex, gender, gender identity, gender expression, national origin, age, membership in a labor organization, sexual orientation, political affiliation, marital status or disability. Further, it is recognized that the City has certain policies, programs, and goals for the utilization of local small business enterprises.

The Parties shall jointly endeavor to assure that these commitments are fully met, and that any provisions of this Agreement which may appear to interfere with local small business enterprises successfully bidding for work within the scope of this Agreement shall be carefully reviewed, and adjustments made as may be appropriate and agreed upon among the Parties, to ensure full compliance with the spirit and letter of the City’s policies and commitment to its goals for the significant utilization of local small businesses as direct Contractors or suppliers for Project Work.

Section 3.5 Employment of City Residents

(a) The Unions and Employers agree that, to the extent allowed by law, and as long as they possess the requisite skills and qualifications, the Unions will exert their best efforts to refer and/or recruit sufficient numbers of skilled craft “Local Residents” as defined herein, to fulfill the requirements of the Employers. In recognition of the fact that the City and the communities surrounding Project Work will be impacted by the construction of the Project Work, the parties agree to support the hiring of workers from the residents of these surrounding areas. Towards that end, the Parties hereby establish a goal that 30% of all construction labor hours worked on the Project shall be from Veterans and individuals who have successfully completed the Building Trades Multi-Craft Core Curriculum Pre-Apprenticeship Program, regardless of where they reside, and qualified area residents residing: first, in those first tier zip codes which overlap the City boundaries, as reflected on the list of U.S. Postal Service zip codes attached hereto as Attachment B, second, area residents residing within the greater Antelope Valley area, as reflected on the list of U.S. Postal Service zip codes attached hereto as Attachment B, third, area residents residing within the remainder of the County of Los Angeles.

For dispatch purposes, employees described in this Section 3.5(a) shall be referred to as “Local Residents.”

(b) A goal of 30% of the total work hours performed on the Project shall be from qualified workers described in (a) above. In addition, a goal of 10% of the total work hours shall be from transitional workers residing within the greater Antelope Valley area, as reflected on the attached list of zip codes.

(c) The Unions shall coordinate with community-based job placement organizations to ensure transitional workers, veterans and individuals who have successfully completed the Building Trades Multi-Craft Core Curriculum Pre-Apprenticeship Program are referred to the Unions from such organizations. The community-based job placement organizations shall pre- screen any applicant prior to referral to the Unions. Drug screening will be a prerequisite to employment. The following criteria will be used to identify transitional workers:

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- having a gross household income below 50% of the Los Angeles County median; - being homeless;
- a welfare recipient;
- having a history of involvement with the justice system; - being unemployed for the previous three (3) months; or - a custodial single parent.

For the applicant to qualify under this program, the community-based job placement organizations shall verify the presence of at least one of the above criteria for those applicants referred to the Unions.

(d) Contractors and Unions will administer this local residency and disadvantaged worker preference, and shall maintain adequate records to demonstrate that local residency and disadvantaged worker preferences have been pursued. The City has the authority to review such records to ensure compliance. Work performed by residents of states other than California shall not be included in the calculation of the labor and craft positions for purposes of the percentage requirements set forth herein.

Section 3.6 To facilitate the dispatch of local residents, transitional workers, veterans and individuals who have successfully completed the Building Trades Multi-Craft Core Curriculum Pre-Apprenticeship Program, all Contractors will be required to utilize the Craft Employee Request Form whenever they are requesting the referral of any employee from a Union referral list for any Covered Project, a sample of which is attached as Attachment C. When local residents, transitional workers, veterans and individuals who have successfully completed the Building Trades Multi-Craft Core Curriculum Pre-Apprenticeship Program are requested by the Employers, the Unions will refer such workers regardless of their place in the Unions’ hiring halls’ list and normal referral procedures.

Section 3.7 Helmets to Hardhats The Employers and the Unions recognize a desire to facilitate the entry into the building and construction trades of veterans who are interested in careers in the building and construction industry. The employers and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter “Center”) and the Center’s “Helmets to Hardhats” program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the Parties. For purposes of this Agreement the term “Eligible Veteran” shall have the same meaning as the term “veteran” as defined under Title 5, Section 2108(1) of the United States Code as the same may be amended or re-codified from time to time. It shall be the responsibility of each qualified City resident to provide the Unions with proof of his/her status as an Eligible Veteran.

The Unions and Employers agree to coordinate with the Center to create and maintain an integrated database of veterans interested in working on this Project and of apprenticeship and employment opportunities for this Project. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience.

Section 3.8 Core Employees

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(a) Contractors which are not independently signatory to a Master Labor Agreement may employ, as needed, first, a member of his core workforce, then an employee through a referral from the appropriate Union hiring hall, then a second core employee, then a second employee through the referral system, and so on until a maximum of five (5) core employees are employed, thereafter, all additional employees in the affected trade or craft shall be requisitioned from the craft hiring hall in accordance with Section 3.3. The Unions shall in good faith only refer employees who possess the specific skills, licenses, certifications, and qualifications required by the Contractor to competently and safely perform the specific labor or other work requested by the Contractor and who are in fact able and available to perform the labor or other work on the specific day(s) and time(s) requested by the Contractor. In the laying off of employees, the number of core employees shall not exceed one-half plus one of the workforce for an employer with 10 or fewer employees, assuming the remaining employees are qualified to undertake the work available. This provision applies only to Contractors which are not independently signatory to a Master Labor Agreement and is not intended to limit the transfer provisions of the MLA of any trade. As part of this process, and in order to facilitate the contract administration procedures, as well as appropriate fringe benefit fund coverage, all Contractors shall require their core employees and any other persons employed other than through the Union referral process, to register with the appropriate Union hiring hall, if any, prior to their first day of employment at a project site.

(b) The core work force is comprised of those employees whose names appeared on the Contractor’s active payroll for sixty (60) of the one hundred (100) working days immediately before award of Project Work to the Contractor; who possess any license required by state or federal law for the Project Work to be performed; who have the ability to safely perform the basic functions of the applicable trade; and who worked at total of at least two thousand (2,000) hours in the specific construction craft in which they are working, during the prior four (4) years.

(c) Prior to each Contractor performing any work on the Project, each Contractor shall provide a list of his core employees to the Council. Failure to do so will prohibit the Contractor from using any core employees. Upon request by any Party to this Agreement, the Contractor hiring any core employee shall provide satisfactory proof (i.e., payroll records, quarterly tax records, driver’s license, voter registration, postal address and such other documentation) evidencing the core employee’s qualification as a core employee to the Council.

(d) Hours worked by residents of states other than California shall not be included in the calculation of total hours of Project Work for purposes of the percentage requirements set forth above.

Section 3.9 Time for Referral If any Union’s registration and referral system does not fulfill the requirements for specific classifications requested by any Contractor within forty-eight (48) hours (excluding Saturdays, Sundays and holidays), that Contractor may use employment sources other than the Union registration and referral services, and may employ applicants meeting such standards from any other available source. The Contractors shall inform the Union of any applicants hired from other sources within forty-eight (48) hours of such applicant being

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hired, and such applicants shall register with the appropriate hiring hall, if any, prior to their first day of employment at a project site.

Section 3.10 Lack of Referral Procedure If a signatory local Union does not have a job referral system as set forth in Section 3.3 above, the Contractors shall give the Union equal opportunity to refer applicants. The Contractors shall notify the Union of employees so hired, as set forth in Section 3.5.

Section 3.11 Union Membership Employees are not required to become or remain union members or pay dues or fees as a condition of performing Covered Work under this Agreement.

Employers shall make and transmit all deductions for union dues, fees, and assessments that have been authorized by employees in writing in accordance with the applicable MLA. Nothing in this Section 3.11 is intended to supersede independent requirements of applicable MLAs as to those Employers otherwise signatory to such MLAs and as to those Employers otherwise signatory to such MLAs and as to the employees of those Employers who are performing Covered Work.

Section 3.12 Individual Seniority Except as provided in Section 4.3, individual seniority shall not be recognized or applied to employees working on the Project; provided, however, that group and/or classification seniority in a Union’s MLA as of the effective date of this Agreement shall be recognized for purposes of layoffs.

Section 3.13 Foremen The selection and number of craft foreman and/or general foreman shall be the responsibility of the Contractor. All foremen shall take orders exclusively from the designated Contractor representatives. Craft foreman shall be designated as working foreman at the request of the Contractors.

ARTICLE 4

UNION ACCESS AND STEWARDS

Section 4.1 Access to Project Sites Authorized representatives of the Union shall have access to Project Work, provided that they do not interfere with the work of employees and further provided that such representatives fully comply with posted visitor, security and safety rules.

Section 4.2 Stewards

(a) Each signatory local Union shall have the right to dispatch a working journeyperson as a steward for each shift, and shall notify the Contractor in writing of the identity of the designated steward or stewards prior to the assumption of such person’s duties as steward. Such designated steward or stewards shall not exercise any supervisory functions. There will be no non-working stewards. Stewards will receive the regular rate of pay for their respective crafts.

(b) In addition to his/her work as an employee, the steward should have the right to receive, but not to solicit, complaints or grievances and to discuss and assist in the adjustment of

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the same with the employee’s appropriate supervisor. Each steward should be concerned only with the employees of the steward’s Contractor and, if applicable, subcontractor(s), and not with the employees of any other Contractor. A Contractor will not discriminate against the steward in the proper performance of his/her Union duties.

(c) When a Contractor has multiple, non-contiguous work locations at one site, the Contractor may request and the Union shall appoint such additional working stewards as the Contractor requests to provide independent coverage of one or more such locations. In such cases, a steward may not service more than one work location without the approval of the Contractor.

(d) The stewards shall not have the right to determine when overtime shall be worked or who shall work overtime.

Section 4.3 Steward Layoff/Discharge The Contractor agrees to notify the appropriate Union twenty-four (24) hours before the layoff of a steward, except in the case of disciplinary discharge for just cause. If the steward is protected against such layoff by the provisions of the applicable MLA, such provisions shall be recognized when the steward possesses the necessary qualifications to perform the remaining work. In any case in which the steward is discharged or disciplined for just cause, the appropriate Union will be notified immediately by the Contractor, and such discharge or discipline shall not become final (subject to any later filed grievance) until twenty-four (24) hours after such notice have been given.

Section 4.4 Employees on Non-Project Work On work where the personnel of the City may be working in close proximity to the construction activities covered by this Agreement, the Union agrees that the Union representatives, stewards, and individual workers will not interfere with the City personnel, or with personnel employed by the any other employer not a Party to this Agreement.

ARTICLE 5

WAGES AND BENEFITS

Section 5.1 Wages All employees covered by this Agreement shall be classified in accordance with work performed and paid by the Contractors the hourly wage rates for those classifications in compliance with the applicable prevailing wage rate determination established pursuant to applicable law. If a prevailing rate increases under law, the Contractor shall pay that rate as of its effective date under the law. Notwithstanding any other provision in this Agreement, Contractors directly signatory to one or more of the MLAs are required to pay all of the wages set forth in those MLAs without reference to the forgoing.

Section 5.2 Benefits

(a) Contractors shall pay contributions to the established employee benefit funds in the amounts designated in the appropriate MLA and make all employee–authorized deductions in the amounts designated in the appropriate MLA, however, such contributions shall not exceed the contribution amounts set forth in the applicable prevailing wage determination.

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Notwithstanding any other provision in this Agreement, Contractors directly signatory to one or more of the MLA are required to make all contributions set forth in those MLA without reference to the foregoing. Bona fide jointly-trusteed benefit plans or authorized employee deduction programs established or negotiated under the applicable MLA or by the Parties to this Agreement during the life of this Agreement may be added.

(b) The Contractor adopts and agrees to be bound by the written terms of the applicable, legally established, trust agreement(s) specifying the detailed basis on which payments are to be made into, and benefits paid out of, such trust funds for its employees. The Contractor authorizes the Parties to such trust funds to appoint trustees and successor trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the Contractor.

(c) Each Contractor and subcontractor is required to maintain records evidencing that it has paid all benefit contributions due and owing to the appropriate Trust(s) prior to the receipt of its final payment and/or retention. Further, a Union shall work with any prime Contractor or subcontractor who is delinquent in payments to assure that proper benefit contributions are made.

In the event of failure of a prime Contractor or subcontractor to timely make the delinquent payments, a Union may request that the City or the prime Contractor withhold payments otherwise due such Contractor, until such contributions have been made or otherwise guaranteed.

Section 5.3 Wage Premiums Wage premiums, including but not limited to pay based on height of work, hazard pay, scaffold pay and special skills shall not be applicable to work under this Agreement, except to the extent provided for in any applicable prevailing wage determination.

Section 5.4 Compliance with Prevailing Wage Laws The Parties agree that the City shall monitor the compliance by all Contractors and subcontractors with all applicable federal and state prevailing wage laws and regulations, and that such monitoring shall include Contractors engaged in what would otherwise be Project Work but for the exceptions to Agreement coverage in Article 2, Section 2.2. All complaints regarding possible prevailing wage violations shall be referred to the City for processing, investigation and resolution, and if not resolved within thirty calendar days, may be referred by any party to the state labor commissioner.

ARTICLE 6

WORK STOPPAGES AND LOCK-OUTS

Section 6.1 No Work Stoppages or Disruptive Activity The Council and the Unions signatory hereto agree that neither they, and each of them, nor their respective officers or agents or representatives, shall incite or encourage, condone or participate in any strike, walk-out, slow- down, picketing, observing picket lines or other activity of any nature or kind whatsoever, for any cause or dispute whatsoever with respect to or any way related to Project Work, or which interferes with or otherwise disrupts, Project Work, or with respect to or related to the City or Contractors or subcontractors, including, but not limited to, economic strikes, unfair labor practice strikes, safety strikes, sympathy strikes and jurisdictional strikes whether or not the underlying dispute is arbitrable. Any such actions by the Council, or Unions, or their members,

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agents, representatives or the employees they represent shall constitute a violation of this Agreement. The Council and the Union shall take all steps necessary to obtain compliance with this Article and neither should be held liable for conduct for which it is not responsible.

Section 6.2 Employee Violations The Contractor may discharge any employee violating Section 6.1 above and any such employee will not be eligible for rehire under this Agreement.

Section 6.3 Standing to Enforce The City or any Contractor affected by an alleged violation of Section 6.1 shall have standing and the right to enforce the obligations established therein.

Section 6.4 Expiration of the MLA’s If the MLA, or any local, regional, and other applicable collective bargaining agreements expire during the term of the Project, the Union(s) agree that there shall be no work disruption of any kind as described in Section 6.1 above as a result of the expiration of any such agreement(s) having application on this Project and/or failure of the involved Parties to that agreement to reach a new contract. Terms and conditions of employment established and set at the time of bid shall remain established and set. Otherwise to the extent that such agreement does expire and the Parties to that agreement have failed to reach concurrence on a new contract, work will continue on the Project on one of the following two (2) options, both of which will be offered by the Unions involved to the Contractors affected:

(a) Each of the Unions with a contract expiring must offer to continue working on the Project under interim agreements that retain all the terms of the expiring contract, except that the Unions involved in such expiring contract may each propose wage rates and employer contribution rates to employee benefit funds under the prior contract different from what those wage rates and employer contributions rates were under the expiring contracts. The terms of the Union’s interim agreement offered to Contractors will be no less favorable than the terms offered by the Union to any other employer or group of employers covering the same type of construction work in Los Angeles County.

(b) Each of the Unions with a contract expiring must offer to continue working on the Project under all the terms of the expiring contract, including the wage rates and employer contribution rates to the employee benefit funds, if the Contractor affected by that expiring contract agrees to the following retroactive provisions: if a new MLA, local, regional or other applicable labor agreement for the industry having application at the Project is ratified and signed during the term of this Agreement and if such new labor agreement provides for retroactive wage increases, then each affected Contractor shall pay to its employees who performed work covered by this Agreement at the Project during the hiatus between the effective dates of such expired and new labor agreements, an amount equal to any such retroactive wage increase established by such new labor agreement, retroactive to whatever date is provided by the new labor agreement for such increase to go into effect, for each employee’s hours worked on the Project during the retroactive period. All Parties agree that such affected Contractors shall be solely responsible for any retroactive payment to its employees.

(c) Some Contractors may elect to continue to work on the Project under the terms of the interim agreement option offered under paragraph (a) above and other Contractors may elect to continue to work on the Project under the retroactivity option offered under paragraph (b)

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above. To decide between the two options, Contractors will be given one week after the particular labor agreement has expired or one week after the Union has personally delivered to the Contractors in writing its specific offer of terms of the interim agreement pursuant to paragraph (a) above, whichever is the later date. If the Contractor fails to timely select one of the two options, the Contractor shall be deemed to have selected option (b).

Section 6.5 No Lockouts Contractors shall not cause, incite, encourage, condone or participate in any lock-out of employees with respect to Project Work during the term of this Agreement. The term “lock-out” refers only to a Contractor’s exclusion of employees in order to secure collective bargaining advantage, and does not refer to the discharge, termination or layoff of employees by the Contractor for any reason in the exercise of rights pursuant to any provision of this Agreement, or any other agreement, nor does “lock-out” include the City’s decision to stop, suspend or discontinue any Project Work or any portion thereof for any reason.

Section 6.6 Best Efforts to End Violations

(a) If a Contractor contends that there is any violation of this Article or Section 7.3, it shall notify, in writing, the Executive Secretary of the Council, the Senior Executive of the involved Union(s) and the City. The Executive Secretary and the leadership of the involved Union(s) will immediately instruct, order and use their best efforts to cause the cessation of any violation of the relevant Article.

(b) If the Union contends that any Contractor has violated this Article, it will notify that the Contractor and the City, setting forth the facts which the Union contends violate the Agreement, at least twenty-four (24) hours prior to invoking the procedures of Section 6.8. The City shall promptly order the involved Contractor(s) to cease any violation of the Article.

Section 6.7 Withholding of services for failure to pay wages and fringe benefits

Notwithstanding any provision of this Agreement to the contrary, it shall not be a violation of this Agreement for any Union to withhold the services of its members (but not the right to picket) from a particular Contractor who:

(a) fails to timely pay its weekly payroll; or

(b) fails to make timely payments to the Union’s Joint Labor/Management Trust Funds in accordance with the provisions of the applicable MLA. Prior to withholding its members’ services for the Contractor’s failure to make timely payments to the Union’s Joint Labor/Management Trust Funds, the Union shall give at least ten (10) days (unless a lesser period of time is provided in the Union’s MLA, but in no event less than forty-eight (48) hours) written notice of such failure to pay by registered or certified mail, return receipt requested, and by facsimile transmission to the involved Contractor and to the City. Union will meet within the ten (10) day period to attempt to resolve the dispute.

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(c) Upon the payment of the delinquent Contractor of all monies due and then owing for wages and/or fringe benefit contributions, the Union shall direct its members to return to work and the Contractor shall return all such members back to work.

Section 6.8 Expedited Enforcement Procedure Any party, including the City, which the Parties agree is a Party to the Agreement for purposes of this Article and an intended beneficiary of this Article, may institute the following procedures, in lieu of or in addition to any other action at law or equity, when a breach of Section 6.1 or 6.5, above, or Section 7.3 is alleged.

(a) The Party invoking this procedure shall notify Najeeb Khoury who has been selected by the negotiating Parties, and whom the Parties agree shall be the permanent arbitrator under this procedure. If the permanent arbitrator is unavailable at any time, the party invoking this procedure shall notify one of the alternates selected by the Parties, as set forth under section

9.2, Step 3 (a), in that order on an alternating basis. Expenses incurred in arbitration shall be borne equally by the Parties involved in the arbitration and the decision of the arbitrator shall be final and binding on the Parties, provided, however, that the arbitrator shall not have the authority to alter or amend or add to or delete from the provisions of this Agreement in any way.

Notice to the arbitrator shall be by the most expeditious means available, with notices to the Parties alleged to be in violation, and to the Council if it is a Union alleged to be in violation. For purposes of this Article, written notice may be given by email, facsimile, hand delivery or overnight mail and will be deemed effective upon receipt.

(b) Upon receipt of said notice, the arbitrator named above or his/her alternate shall sit and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists, but not sooner than twenty-four (24) hours after notice has been dispatched to the Executive Secretary and the Senior Official(s) as required by Section 6.6, as above.

(c) The arbitrator shall notify the Parties of the place and time chosen for this hearing. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator’s discretion, shall not exceed 24 hours unless otherwise agreed upon by all Parties. A failure of any Party or Parties to attend said hearings shall not delay the hearing of evidence or the issuance of any award by the arbitrator.

(d) The sole issue at the hearing shall be whether or not a violation of Sections 6.1 or

6.5, above, or Section 7.3 has in fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or to award damages, (except for damages as set forth in 6.8 below) which issue is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without an opinion. If any Party desires a written opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the Award. The arbitrator may order cessation of the violation of the Article and other appropriate relief, and such award shall be served on all Parties by hand or registered mail upon issuance.

(e) Such award shall be final and binding on all Parties and may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to herein above in the following manner. Written notice of the filing of such

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enforcement proceedings shall be given to the other Party. In any judicial proceeding to obtain a temporary order enforcing the arbitrator’s award as issued under Section 6.7(d) of this Article, all Parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any Party’s right to participate in a hearing for a final order of enforcement. The court’s order or orders enforcing the arbitrator’s award shall be served on all Parties by hand or by delivery to their address as shown on this Agreement (for a Union), as shown on their business contract for work under this Agreement (for a Contractor) and to the representing Union (for an employee), by certified mail by the Party or Parties first alleging the violation.

(f) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance hereto are hereby waived by the Parties to whom they accrue.

(g) The fees and expenses of the arbitrator shall be equally divided between the Party or Parties initiating this procedure and the respondent Party or Parties.

ARTICLE 7

WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES

Section 7.1 Assignment of Work The assignment of Covered Work will be solely the responsibility of the Employer performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry (the “Plan”) or any successor Plan.

Section 7.2 The Plan All jurisdictional disputes on this Project between or among the building and construction trades Unions and the Employers parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Employers and Unions parties to this Agreement.

(a) If a dispute arising under this Article involves the Western States Regional Council of Carpenters or any of its subordinate bodies, an Arbitrator shall be chosen by the procedures specified in Article V, Section 5, of the Plan from a list composed of John Kagel, Robert Hirsch, and Thomas Pagan, and the Arbitrator’s hearing on the dispute shall be held at the offices of the applicable Building and Construction Trades Council within 14 days of the selection of the Arbitrator. All other procedures shall be as specified in the Plan.

Section 7.3 No Work Disruption Over Jurisdiction All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature, and the Employer’s assignment shall be adhered to until the dispute is resolved. Individuals violating this section shall be subject to immediate discharge.

City of Palmdale 21 Community Workforce Agreement

Section 7.4 Pre-Job Conferences As provided in Article 13, each Contractor will conduct a pre-job conference with the appropriate affected Union(s) prior to commencing work. The Council shall be advised in advance of all such conferences and may participate if they wish.

Section 7.5 Resolution of Jurisdictional Disputes If any actual or threatened strike, sympathy strike, work stoppage, slow down, picketing, hand-billing or otherwise advising the public that a labor dispute exists, or interference with the progress of Project Work by reason of a jurisdictional dispute or disputes occurs, the Parties shall exhaust the expedited procedures set forth in the Plan, if such procedures are in the plan then currently in effect, or otherwise as in Article 6 above.

ARTICLE 8

MANAGEMENT RIGHTS

Section 8.1 Contractor and City Rights The Contractors and the City have the sole and exclusive right and authority to oversee and manage construction operations on Project Work, as set forth in this Article, without any limitations unless expressly limited or required by a specific provision of this Agreement or an MLA. In addition to the following and other rights of the Contractors enumerated in this Agreement, the Contractors expressly reserve their management rights and all the rights conferred upon them by law. The Contractor’s rights include, but are not limited to, the right to:

(a) Plan, direct and control operations of all work;

(b) Hire, promote, transfer and layoff their own employees, respectively, as deemed appropriate to satisfy work and/or skill requirements;

(d) Discharge, suspend or discipline their own employees for just cause;

(e) Utilize, in accordance with City approval, any work methods, procedures or techniques, and select, use and install any types or kinds of materials, apparatus or equipment, regardless of source of manufacture or construction; assign and schedule work at their discretion; and
(f) Assign overtime, determine when it will be worked and the number and identity of employees engaged in such work, subject to such provisions in the applicable MLA(s) requiring such assignments be equalized or otherwise made in a nondiscriminatory manner.

Section 8.2 Specific City Rights In addition to the following and other rights of the City enumerated in this Agreement, the City expressly reserves its management rights and all the rights conferred on it by law. The City’s rights (and those of the Contract Administrator on its behalf) include but are not limited to the right to:

City of Palmdale 22 Community Workforce Agreement

(a) Inspect any construction site or facility to ensure that the Contractor follows the applicable safety and other work requirements;

(b) Require Contractors to establish a different work week or shift schedule for particular employees as required to meet the operational needs of the Project Work at a particular location;

(c) At its sole option, terminate, delay and/or suspend any and all portions of the covered work at any time; prohibit some or all work on certain days or during certain hours of the day to accommodate the ongoing operations of the City’s Facilities and/or to mitigate the effect of ongoing Project Work on businesses and residents in the neighborhood of the Project site; and/or require such other operational or schedule changes it deems necessary, in its sole judgment, to effectively maintain its primary mission and remain a good neighbor to those in the area of its facilities. (In order to permit the Contractors and Unions to make appropriate scheduling plans, the City will provide the affected Contractor(s) and Union(s) with reasonable notice of any changes it requires pursuant to this section; provided, however, that if notice is not provided in time to advise employees not to report for work, show-up pay shall be due pursuant to the applicable MLA;

(d) Approve any work methods, procedures and techniques used by Contractors whether or not these methods, procedures or techniques are part of industry practices or customs; and

(e) Investigate and process complaints, in the matter set forth in Articles 6 and 9.

Section 8.3 Use of Materials There should be no limitations or restriction by Union upon a Contractor’s choice of materials or design, nor, regardless of source or location, upon the full use and utilization, of equipment, machinery, packaging, precast, prefabricated, prefinished, or preassembled materials, tools or other labor saving devices, subject to the application of the State Public Contracts and Labor Codes as required by law in reference to offsite construction.

Generally, the onsite installation or application of such items shall be performed by the craft having jurisdiction over such work. The City shall advise all Contractors of, and enforce as appropriate, the off-site application of the prevailing wage law as it affects Project Work.

Section 8.4 Special Equipment, Warranties and Guaranties

(a) It is recognized that certain materials, equipment and systems of a highly technical and specialized nature will have to be installed at the Project. The nature of the materials, equipment and systems, together with requirements of manufacturer’s or vendor’s warranty, may dictate that it be prefabricated, pre-piped, and/or pre-wired and that it be installed under the supervision and direction of Owner’s and/or manufacturer’s or vendors personnel. The Unions agree to install such material, equipment, and systems without incident;

(b) The Parties recognize that the Contractor will initiate from time to time the use of new technology, equipment, machinery, tools, and other labor-savings devices and methods of performing Project Work. The Union agrees that they will not restrict the implementation of such

City of Palmdale 23 Community Workforce Agreement

devices or work methods. The Unions will accept and will not refuse to handle, install or work with any standardized and/or catalogue: parts, assemblies, accessories, prefabricated items, preassembled items, partially assembled items, or materials whatever their source of manufacture or construction.

(c) If any disagreement between the Contractor and the Unions concerning the methods of implementation or installation of any equipment, or device or item, or method of work, arises, or whether a particular part or pre-assembled item is a standardized or catalog part or item, the work will precede as directed by the Contractor and the Parties shall immediately consult over the matter. If the disagreement is not resolved, the affected Union(s) shall have the right to proceed through the procedures set forth in Article 9.

ARTICLE 9

SETTLEMENT OF GRIEVANCES AND DISPUTES

Section 9.1 Cooperation and Harmony on Site

(a) This Agreement is intended to establish and foster continued close cooperation between management and labor. The Council shall assign a representative to this Project for the purpose of assisting the local Unions, and working with the City and the Contractors, to complete the construction of the Project economically, efficiently, continuously and without any interruption, delays or work stoppages.

(b) The Contractors, Unions, and employees collectively and individually, realize the importance to all Parties of maintaining continuous and uninterrupted performance Project Work, and agree to resolve disputes in accordance with the grievance provisions set forth in this Article or, as appropriate, those of Article 6 or 7.

(c) The Unions and/or Council shall oversee the processing of grievances under this Article and Articles 6 and 7, including the scheduling and arrangements of facilities for meetings, selection of the arbitrator from the agreed-upon panel to hear the case, and any other administrative matters necessary to facilitate the timely resolution of any dispute; provided, however, it is the responsibility of the principal parties to any pending grievance to insure the time limits and deadlines are met.

Section 9.2 Processing Grievances Any questions arising out of and during the term of this Agreement involving its interpretation and application, which includes applicable provisions of the MLA’s, but not jurisdictional disputes or alleged violations of Section 6.1 and 6.4 and similar provisions, shall be considered a grievance and subject to resolution under the following procedures.

Step 1. Employee Grievances When any employee subject to the provisions of this Agreement feels aggrieved by an alleged violation of this Agreement, the employee shall, through his local Union business representative or, job steward, within ten (10) working days after the occurrence of the violation, give notice to the work site representative of the involved Contractor stating the provision(s) alleged to have been violated. A business

City of Palmdale 24 Community Workforce Agreement

representative of the local Union or the job steward and the work site representative of the involved Contractor shall meet and endeavor to resolve the matter within ten (10) working days after timely notice has been given. If they fail to resolve the matter within the prescribed period, the grieving party may, within ten (10) working days thereafter, pursue Step 2 of this grievance procedure provided the grievance is reduced to writing, setting forth the relevant information, including a short description thereof, the date on which the alleged violation occurred, and the provision(s) of the Agreement alleged to have been violated. Grievances and disputes settled at Step 1 shall be non-precedential except as to the parties directly involved.

Union or Contractor Grievances Should the Union(s) or any Contractor have a dispute with the other Party(ies) and, if after conferring within ten (10) working days after the disputing Party knew or should have known of the facts or occurrence giving rise to the dispute, a settlement is not reached within five (5) working days, the dispute shall be reduced to writing and processed to Step 2 in the same manner as outlined in 1(a) above for the adjustment of an employee complaint.

Step 2. The business manager of the involved local Union or his designee, together with the site representative of the involved Contractor, shall meet within seven (7) working days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. If the Parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days after the initial meeting at Step 2.

Step 3. (a) If the grievance shall have been submitted but not resolved under Step 2, either the Union or Contractor Party may request in writing to the other party to the grievance (with copy (ies) to the other Party (ies)) within seven (7) calendar days after the initial Step 2 meeting, that the grievance be submitted to an arbitrator selected from the agreed upon list below, on a rotational basis in the order listed. Those arbitrators are: (1) Edna Francis; (2) David Weinberg; (3) Fredric Horowitz; (4) Sara Adler; (5) Andrea Dooley; (6) David Weinberg; and (7) Chris Cameron. The decision of the arbitrator shall be final and binding on all Parties and the fee and expenses of such arbitrations shall be borne equally by the involved Contractor(s) and the involved Union(s).

(b) Failure of the grieving Party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by written consent of the Parties involved at the particular step where the extension is agreed upon. The arbitrator shall have the authority to make decisions only on issues presented and shall not have the authority to change, amend, add too, or detract from any of the provisions of this Agreement.

(c) The fees and expenses incurred by the arbitrator, as well as those jointly utilized by the Parties (i.e., conference room, court reporter, etc.) in arbitration, shall be divided equally by the Parties to the arbitration, including Union(s) and Contractor(s) involved.

Section 9.3 Limit on Use of Procedures The procedures contained in this Article shall not be applicable to any alleged violation of Articles 6 or 7, with a single exception that any employee

City of Palmdale 25 Community Workforce Agreement

discharged for violation of Section 6.2, or Section 7.3, may resort to the procedures of this Article to determine only if he/she was, in fact, engaged in that violation.

Section 9.4 Notice The City shall be notified by the involved Contractor of all actions at Steps 2 and 3, and further, the City may, in its sole discretion, designate a City staff member to participate fully as a party in all proceedings at such steps.

ARTICLE 10

REGULATORY COMPLIANCE

Section 10.1 Compliance with All Laws The Council and all Unions, Contractors, subcontractors and their employed shall comply with all applicable federal and state laws, ordinances and regulations including, but not limited to, those relating to safety and health, employment and applications for employment. All employees shall comply with the safety regulations established by the City or the Contractor. Employees must promptly report any injuries or accidents to a supervisor.

Section 10.2 Monitoring Compliance The Parties agree that the City shall require, and that the Council and Unions may monitor, compliance by all Contractors and subcontractors with all federal and state laws regulation that, from time to time may apply to Project Work. It shall be the responsibility of the Council to investigate or monitor compliance with these various laws and regulations. The Council may recommend to the City procedures to encourage and enforce compliance with these laws and regulations.

Section 10.3 Prevailing Wage Compliance The Council or Union shall refer all complaints regarding any potential prevailing wage violation to the City, who shall process, investigate and resolve such complaints, consistent with Article 5, Section 5.4. The Council or Union, as appropriate, shall be advised in a timely manner with regard to the facts and resolution, if any, of any complaint. It is understood that this Section does not restrict any individual rights as established under the State Labor Code, including the rights of an individual to file a complaint with the State Labor Commissioner or to file a grievance for such violation under the grievance procedure set forth in this Agreement.

Section 10.4 Violations of Law Based upon a finding of violation by the City of a federal and state law, and upon notice to the Contractor that it or its subcontractors is in such violation, the City, in the absence of the Contractor or subcontractor remedying such violation, shall take such action as it is permitted by law or contract to encourage that Contractor to come into compliance, including, but not limited to, assessing fines and penalties and/or removing the offending Contractor from Project Work. Additionally, in accordance with the Agreement between the City and the Contractor, the City may cause the Contractor to remove from Project Work any subcontractor who is in violation of state or federal law.

ARTICLE 11

City of Palmdale 26 Community Workforce Agreement

SAFETY

The Parties adopt the Los Angeles/Orange Counties Building and Construction Trades Council Approved Drug and Alcohol Testing Policy, a copy of which is attached hereto as Attachment D and which shall be the policy and procedure utilized under this Agreement.

ARTICLE 12

APPRENTICES

Section 12.1 Importance of Training The Parties recognize the need to maintain continuing support of the programs designed to develop adequate numbers of competent workers in the construction industry, the obligation to capitalize on the availability of the local work force in the area served by the City, and the opportunities to provide continuing work under the construction program. To these ends, the Parties will facilitate, encourage, and assist local residents to commence and progress in Labor/Management Apprenticeship and/or training Programs in the construction industry leading to participation in such apprenticeship programs.

The City and the Council will work cooperatively to identify, or establish and maintain, effective programs and procedures for persons interested in entering the construction industry and which will help prepare them for the formal joint labor/management apprenticeship programs maintained by the signatory Unions.

Section 12.2 Use of Apprentices

(a) Apprentices used on Projects under this Agreement shall be registered in Joint Labor Management Apprenticeship Programs approved by the State of California. Apprentices may comprise up to thirty percent (30%) of each craft’s work force at any time, unless the standards of the applicable joint apprenticeship committee confirmed by the Division of Apprenticeship Standards (“DAS”), establish a lower or higher maximum percentage. Where the standards permit a higher percentage, such percentage shall apply on Project Work. Where the applicable standards establish a lower percentage, the applicable Union will use its best efforts with the Joint Labor Management apprenticeship committee and, if necessary, the DAS to permit up to thirty percent (30%) apprentices on the Project.

(b) The Unions agree to cooperate with the Contractor in furnishing apprentices as requested up to the maximum percentage. The apprentice ratio for each craft shall be in compliance, at a minimum, with the applicable provisions of the Labor Code relating to utilization of apprentices. The City shall encourage such utilization, and, both as to apprentices and the overall supply of experienced workers. The Unions will assure appropriate and maximum utilization of apprentices and the continuing availability of both apprentices and journey persons.

(c) The Parties agree that apprentices will not be dispatched to Contractors working under this Agreement unless there is a journeymen working on the project where the apprentice is to be employed who is qualified to assist and oversee the apprentice’s progress through the program in which he is participating.

City of Palmdale 27 Community Workforce Agreement

(d) All apprentices shall work under the direct supervision of a journeyperson from the trade in which the apprentice is indentured. A journeyperson shall be defined as set forth in the California Code of Regulations, Title 8 [apprenticeship] section 205, which defines a journeyperson as a person who has either completed an accredited apprenticeship in his or her craft, or has completed the equivalent of an apprenticeship in length and content of work experience and all other requirements in the craft which has workers classified as journeyperson in the apprenticeable occupation. Should a question arise as to a journeyperson’s qualification under this subsection, the Contractor shall provide adequate proof evidencing the worker’s qualification as a journeyperson to the Council.

ARTICLE 13

PRE-JOB CONFERENCES

Each Primary Contractor which is awarded a Construction Contract by the City for Project Work shall conduct a Pre-Job conference with the appropriate affected Union(s) no later than ten (10) days prior to commencing work. The purpose of the conference will be to, among other things, determine craft manpower needs, schedule of work for the contract and project work rules/owner rules. All Contractors who have been awarded contracts by the Primary Contractor shall attend the Pre-Job conference. The Council shall be advised in advance of all such conferences and may participate if they wish. All work assignments shall be disclosed by the Primary Contractor and all Contractors at the Pre-Job conference in accordance with industry practice. Should there be Project Work that was not previously discussed at the pre-job conference, or additional project work be added, the contractors performing such work will conduct a separate pre-job conference for such newly included work. Any Union in disagreement with the proposed assignment shall notify the Contractor of its position in writing, with a copy to the City Project Manager within seven (7) calendar days thereafter. Should there be any formal jurisdictional dispute raised under Article 7, the City Project Manager shall be promptly notified.

Primary Contractor shall have available at the Pre-Job conference the plans and drawing for the work to be performed on the Project.

ARTICLE 14

WORK OPPORTUNITIES PROGRAM

Section 14.1 The Parties to this Agreement support the development of increased numbers of skilled construction workers from among the Area Residents, to meet the labor needs of the Project, specifically, and the requirements of the local construction industry generally. Towards that end the Parties agree to cooperate respecting the establishment of a work opportunities program for these Area Residents, the primary goals of which shall be to maximize construction work opportunities for traditionally underrepresented members of the community. In furtherance of the foregoing, the Unions specifically agree to:

a) Encourage the referral and utilization, to the extent permitted by law and hiring hall practices, of qualified Area Residents as journeymen, and apprentices on the Project and entrance into such qualified apprenticeship and training programs as may be operated by signatory Unions; and

City of Palmdale 28 Community Workforce Agreement

b) Assist Area Residents in contacting pre-apprenticeship programs that utilize the Building Trades multi-craft core curriculum (MC3) and the Apprenticeship Training Committees for the crafts and trades they are interested in. The Unions shall assist Area Residents who are seeking Union jobs on the Project and Union membership in assessing their work experience and giving them credit for provable past experience in their relevant craft or trade, including experience gained working for non-union Contractors. The Unions shall put on their rolls qualified bona fide Area Residents for work on this Project; and

c) Support local events and programs designed to recruit and develop adequate numbers of qualified workers in the construction industry.

ARTICLE 15

SAVINGS AND SEPARABILITY

Section 15.1 Savings Clause It is not the intention of the City, Contractor or the Union parties to violate any laws governing the subject matter of this Agreement. The Parties hereto agree that in the event any provision of this Agreement is finally held or determined to be illegal or void as being in contravention of any applicable law or regulation, the remainder of the Agreement shall remain in full force and effect unless the part or parts so found to be void are wholly inseparable from the remaining portions of this Agreement. Further, the Parties agree that if and when any provision(s) of this Agreement is finally held or determined to be illegal or void by a court of competent jurisdiction, the Parties will promptly enter into negotiations concerning the substantive effect of such decision for the purposes of achieving conformity with the requirements of any applicable laws and the intent of the Parties hereto. If the legality of this Agreement is challenged and any form of injunctive relief is granted by any court, suspending temporarily or permanently the implementation of this Agreement, then the Parties agree that all Project Work that would otherwise be covered by this Agreement should be continued to be bid and constructed without application of this Agreement so that there is no delay or interference with the ongoing planning, bidding and construction of any Project Work.

Section 15.2 Effect of Injunctions or Other Court Orders The Parties recognize the right of the City to withdraw, at its absolute discretion, the utilization of the Agreement as part of any bid specification should a Court of competent jurisdiction issue any order, or any applicable statute which could result, temporarily or permanently in delay of the bidding, awarding and/or construction on the Project. Notwithstanding such an action by the City, or such court order or statutory provision, the Parties agree that the Agreement shall remain in full force and effect on covered Project Work to the maximum extent legally possible.

ARTICLE 16
WAIVER

A waiver of or a failure to assert any provisions of this Agreement by any or all of the Parties hereto shall not constitute a waiver of such provision for the future. Any such waiver shall not constitute a modification of the Agreement or change in the terms and conditions of the Agreement and shall not relieve, excuse or release any of the Parties from any of their rights, duties or obligations hereunder.

City of Palmdale 29 Community Workforce Agreement

ARTICLE 17

AMENDMENTS

The provisions of this Agreement can be renegotiated, supplemented, rescinded or otherwise altered only by mutual agreement in writing, hereafter signed by the negotiating Parties hereto.

ARTICLE 18

DURATION OF THE AGREEMENT

Section 18.1 Duration

(a) This Agreement shall be effective from the date signed by all Parties for all contracts that are executed after July 1, 2025, and shall remain in effect until June 30, 2029, with an automatic two year renewal, unless either Party provides written notice of its intent to terminate, sent no later than sixty (60) days prior to the termination date or successor termination date. Any covered Project awarded during the term of this Agreement shall continue to be covered hereunder, until completion of the Project, notwithstanding the expiration date of this Agreement.

(b) This Agreement may be extended by mutual consent of the City and the signatory Unions for such further periods as the Parties shall agree to.

Section 18.2 Turnover and Final Acceptance of Completed Work

(a) Construction of any phase, portion, section, or segment of Project Work shall be deemed complete when such phase, portion, section or segment has been turned over to the City by the Contractor and the City has accepted such phase, portion, section, or segment. As areas and systems of the Project are inspected and construction-tested and/or approved and accepted by the City or third parties with the approval of the City, the Agreement shall have no further force or effect on such items or areas, except when the Contractor is directed by the City to engage and repairs or modifications required by its contract(s) with the City.

(b) Notice of each final acceptance received by the Contractor will be provided to the Council with the description of what portion, segment, etc. has been accepted. Final acceptance may be subject to a “punch” list, and in such case, the Agreement will continue to apply to each such item on the list until it is completed to the satisfaction of the City and Notice of Completion is issued by the City or its representative to the Contractor. At the request of the Union, complete information describing any “punch” list work, as well as any additional work required of a Contractor at the direction of the City pursuant to (a) above, involving otherwise turned-over and completed facilities which have been accepted by the City.

City of Palmdale 30 Community Workforce Agreement

IN WITNESS whereof the Parties have caused this Community Workforce Agreement to be executed as of the date and year above stated.

CITY OF PALMDALE LOS ANGELES/ORANGE COUNTIES

BUILDING & CONSTRUCTION

TRADES COUNCIL

By: ________________________________ By: ________________________________ Salvador Mendez, City Manager Pro Tem Ernesto Medrano, Executive Secretary

APPROVE AS TO FORM:

By: ________________________________
Alexandra Halfman, Acting City Attorney

ATTEST:

By: ________________________________
Roxanne Faber, City Clerk

City of Palmdale 31 Community Workforce Agreement

LOS ANGELES/ORANGE COUNTIES BUILDING AND CONSTRUCTION

TRADES COUNCIL CRAFT UNIONS AND DISTRICT COUNCILS

Asbestos Heat & Frost Insulators (Local 5) ______________________________ Boilermakers (Local 92) ______________________________ Bricklayers & Allied Craftworkers (Local 4) ______________________________ Cement Masons (Local 600) ______________________________ Electricians (Local 11) ______________________________ Elevator Constructors (Local 18) _____________________________ Gunite Workers (Local 345) ______________________________ Iron Workers (Reinforced – Local 416) ______________________________ Iron Workers (Structural – Local 433) ______________________________ Southern California District Council of Laborers ______________________________ LiUNA (Local 300) ______________________________ LiUNA (Local 1184) ______________________________ LiUNA (Plaster Tenders Local 1414) ______________________________ Operating Engineers (Local 12) ______________________________ Operating Engineers (Local 12) ______________________________ Operating Engineers (Local 12) ______________________________ Painters & Allied Trades DC 36 ______________________________ Pipe Trades (Local 250) ______________________________ Pipe Trades (Local 345) ______________________________ Pipe Trades (Plumbers Local 761) ______________________________ Pipe Trades (Road Sprinkler Fitters Local 669) _____________________________ Plasterers (Local 200) ______________________________ Roofers & Waterproofers (Local 36) ______________________________ Sheet Metal Workers (Local 105) _____________________________ Teamsters (Local 986) ______________________________ Western States Regional Council
of Carpenters ______________________________

City of Palmdale 32 Community Workforce Agreement

ATTACHMENT A

LETTER OF ASSENT

To be signed by all contractors awarded work covered by the Community Workforce Agreement prior to commencing work.

[Contractor’s Letterhead]
City of Palmdale
38300 Sierra Highway
Palmdale, CA 93550
Attn: __________________

Re: Community Workforce Agreement - Letter of Assent

To whom it may concern:

This is to confirm that [name of company] agrees to be party to and bound by the City of Palmdale Community Workforce Agreement effective July 1, 2025, as such Agreement may, from time to time, be amended by the negotiating parties or interpreted pursuant to its terms.

Such obligation to be a party and bound by this Agreement shall extend to all work covered by the agreement undertaken by this Company on the project and this Company shall require all of its contractors and subcontractors of whatever tier to be similarly bound for all work within the scope of the Agreement by signing and furnishing to you an identical letter of assent prior to their commencement of work.

Sincerely.

[Name of Construction Company]

By: [_____________________] Name and Title of Authorized Executive

Contractor’s State License No: _________________________

Project Name: ____________________________

[Copies of this letter must be submitted to the City and to the Council.]

City of Palmdale 33 Community Workforce Agreement

ATTACHMENT B

LOCAL RESIDENT ZIP CODES

(TIER 1)

PALMDALE RESIDENTS

93550
93551
93552
93590
93591
93599

(TIER 2)

ANTELOPE VALEY RESIDENTS

91390
93534
93535
93523
93532
93536
93539
93553
93554
93560
93584
93586

(TIER 3)

THE REMAINING AREA ZIP CODES IN LOS ANGELES COUNTY

City of Palmdale 34 Community Workforce Agreement

ATTACHMENT C

CITY OF PALMDALE

CRAFT REQUEST FORM

TO THE CONTRACTOR: Please complete and submit this form to the applicable union to request craft workers that fulfill the hiring requirements for this project. After submitting your request, please call the Local to verify receipt and substantiate their capacity to furnish workers as specified below. Please keep copies for your records.

The City of Palmdale Community Workforce Agreement establishes a goal that 30% of all of the labor and craft positions shall be from Veterans and individuals who have successfully completed the Building Trades Multi-Craft Core Curriculum Pre-Apprenticeship Program, regardless of where they reside, and qualified area residents residing:
first, in those first tier zip codes which overlap the City boundaries, as reflected on the list of U.S. Postal Service zip codes attached hereto as Attachment B, second, area residents residing within the greater Antelope Valley area, as reflected on the list of U.S. Postal Service zip codes attached hereto as Attachment B, third, area residents residing within the remainder of the County of Los Angeles. For dispatch purposes, employees described herein shall be referred to as “Local Residents.” In addition, a goal of 10% of all of the labor and craft positions shall be from qualified transitional workers residing within the greater Antelope Valley area, as reflected on the attached list of zip codes. The following criteria will be used to identify transitional workers: having a gross household income below 50% of the Los Angeles County median; being homeless; a welfare recipient; having a history of involvement with the justice system; being unemployed for the previous three (3) months; or a custodial single parent.

TO THE UNION: Please complete the “Union Use Only” section on the next page and send this form back to the requesting Contractor. Be sure to retain a copy of this form for your records.

CONTRACTOR USE ONLY

To: Union Local # Fax# ( ) Date:

From: Company: Issued By:

Contact Phone: ( ) Contact Fax: ( )

PLEASE PROVIDE ME WITH THE FOLLOWING UNION CRAFT WORKERS.

Craft
Classification
( i.e., plumber,
painter, etc.)
Journeyperson
or
Apprentice

Local Resident or
General Dispatch

Number of
workers
needed
Report
Date Report Time

TOTAL WORKERS REQUESTED = ______________

Please have worker(s) report to the following work address indicated below:

Project Name: _______________________ Site: _____________________ Address: ________________________ Report to: _______________________ On-site Tel: __________________ On-site Fax: ___________________ Comment or Special Instructions: ________________________________________________________________

City of Palmdale 35 Community Workforce Agreement

UNION USE ONLY

WORKER REFERRED
[This form is not intended to replace a Local Union’s Dispatch or Referral Form normally given to the employee when being dispatched to the jobsite.]

Date dispatch request received:

Dispatch received by:

Classification of worker requested:

Classification of worker dispatched:

Name:

Date worker was dispatched:

Is the worker referred a: (check all that apply)

JOURNEYPERSON

Yes _____ No _____

APPRENTICE

Yes _____ No _____

LOCAL RESIDENT

Yes _____ No _____
TRANSITIONAL WORKER Yes _____ No _____

GENERAL DISPATCH FROM OUT OF WORK LIST

Yes _____

No _____

City of Palmdale 36 Community Workforce Agreement

ATTACHMENT D

LOS ANGELES/ORANGE COUNTIES

BUILDING AND CONSTRUCTION TRADES COUNCIL

APPROVED DRUG AND ALCOHOL TESTING POLICY

The Parties recognize the problems that drug and alcohol abuse have created in the construction industry and the need to develop drug and alcohol abuse prevention programs. Accordingly, the Parties agree that in order to enhance the safety of the workplace and to maintain a drug and alcohol-free work environment, individual Contractors shall require applicants or employees to undergo drug and alcohol testing in accordance with this CWA and this policy, Attachment D – Drug and Alcohol Testing Policy, hereafter “Policy.”

1. It is understood that the use, possession, transfer, or sale of illegal drugs, narcotics, or other unlawful substances, as well as being under the influence of alcohol and the possession of or consuming alcohol is absolutely prohibited while employees are on the Contractor’s job premises or while working on any jobsite in connection with work performed under the CWA.

2. No Contractor may implement a drug and alcohol testing program that does not conform in all respects to the provisions of this Policy.

3. No Contractor may implement drug and alcohol testing at any jobsite unless written notice is given to the Union setting forth the location of the jobsite, a description of the project under construction, and the name and telephone number of the Prime Contractor's project manager. Said notice shall be provided at the pre-job conferences for each Covered Project. Failure to give such notice shall make any drug and alcohol testing engaged in by the Contractor a violation of the CWA and subject to the Article 10 grievance procedure.

4. A Contractor who elects to implement drug and alcohol testing pursuant to this Policy shall require all craft employees on the Covered Project to be tested. With respect to individuals who become employed on the Covered Project subsequent to the proper implementation of a valid drug and alcohol testing program, such test shall be administered upon the commencement of employment on the project, whether by referral from a Union Dispatch Office, transfer from another project, or another method.

Individuals who were employed on the project prior to proper implementation of a valid drug and alcohol testing program may only be subjected to testing for the reasons set forth in paragraphs 5(g)(l) through 5(g)(3) and paragraphs 6(a) through 6(e) of this Policy. Refusal to undergo such testing shall be considered sufficient grounds to deny employment on the project.

5. The following procedure shall apply to all drug and alcohol testing:

City of Palmdale 37 Community Workforce Agreement
a. The Contractor may request urine samples only. The applicant or employee shall not be observed when the urine specimen is given. An applicant or employee, at his or her sole option, shall, upon request, receive a blood test in lieu of a urine test. No employee of the Contractor shall draw blood from a bargaining unit employee, touch or handle urine specimens, or in any way become involved in the chain of custody of urine or blood specimens. A Union Business Representative, subject to the approval of the individual applicant or employee, shall be permitted to accompany the applicant or employee to the collection facility to observe the collection, bottling, and sealing of the specimen.
b. A Contractor may request an applicant or employee promptly, within four (4) hours of the Contractor’s request, perform an alcohol breathalyzer test at a certified laboratory only, and cutoff levels shall be those mandated by applicable state or federal law.
c. The testing shall be done by a laboratory approved by the Substance Abuse & Mental Health Services Administration (SAMHSA), which is chosen by the Contractor and the Union.
d. An initial test shall be performed using the Enzyme Multiplied Immunoassay Technique (EMIT). In the event a question or positive result arises from the initial test, a confirmation test must be utilized before action can be taken against the applicant or employee. The confirmation test will be by Gas Chromatography/Mass Spectrometry (GC/MS). Cutoff levels for both the initial test and confirmation test will be those established by SAMHSA and this Policy. Should these SAMHSA levels be changed during the course of the CWA or new testing procedures are approved, then these new regulations will be deemed as part of this existing CWA. Confirmed positive samples will be retained by the testing laboratory in secured long-term frozen storage for a minimum of one (1) year. Handling and transportation of each sample must be documented through strict chain-of-custody procedures. e. In the event of a confirmed positive test result, the applicant or employee may request, within forty-eight (48) hours, a sample of his/her specimen from the testing laboratory for purposes of a second test to be performed at a second laboratory, designated by the Union and approved by SAMHSA. The retest must be performed within ten (10) days of the request. Chain of custody for this sample shall be maintained by the Contractor between the original testing laboratory and the Union's designated laboratory. Retesting shall be performed at the applicant’s or employee’s expense. In the event of conflicting test results, the Contractor may require a third test, at the Contractor’s expense.
f. If, as a result of the above testing procedure, it is determined that an applicant or employee has tested positive, this shall be considered sufficient grounds to deny the applicant or employee his/her employment on the project. g. No individual who tests negative for drugs and alcohol pursuant to the above procedure and becomes employed on the project shall again be subjected to drug and alcohol testing with the following exceptions:

City of Palmdale 38 Community Workforce Agreement
1) Employees who are involved in industrial accidents resulting in damage to plant, property, or equipment or injury to him/her or others may be tested for drugs or alcohol pursuant to the procedures stated hereinabove.
2) The Contractor may test employees following thirty (30) days' advance written notice to the employee(s) to be tested and to the applicable Union. Notice to the applicable Union shall be sent by certified mail to the affected Union with a copy to the Project Labor Coordinator. Such testing shall be pursuant to the procedures stated hereinabove.
3) The Contractor may test an employee where the Contractor has reasonable cause to believe that the employee is impaired from performing his/her job. Reasonable cause shall be defined as being aberrant or unusual behavior, the type of which is a recognized and accepted symptom of impairment (e.g., slurred speech, unusual lack of muscular coordination). Such behavior must be actually observed by at least two (2) persons, one (1) of whom shall be a supervisor who has been trained to recognize the symptoms of drug and alcohol abuse or impairment and the other of whom shall be the Job Steward. If the Job Steward is unavailable or there is no Job Steward on the Covered Project, the other person shall be a member of the applicable Union’s bargaining unit. Testing shall be pursuant to the procedures stated hereinabove. Employees who are tested pursuant to the exceptions set forth in this paragraph and who test positive will be removed from the Contractor's payroll.
h. Applicants or employees who do not test positive shall be paid for all time lost while undergoing drug and alcohol testing. Payment shall be at the applicable wage and benefit rates set forth in the Applicable Prevailing Wage Laws. Applicants who have been dispatched from the Union and who are not put to work pending the results of a test will be paid waiting time until such time as they are put to work. It is understood that an applicant must pass the test as a condition of employment. Applicants who are put to work pending the results of a test will be considered probationary employees.

6. The Contractors will be allowed to conduct periodic jobsite drug and alcohol testing on the Project under the following conditions:
a. The entire jobsite must be tested, including any employee or subcontractor's employee who worked on that project three (3) working days before or after the date of the test;
b. Jobsite testing cannot commence sooner than fifteen (15) days after start of the work on the project;
c. Prior to start of periodic testing, a Business Representative will be allowed to conduct an educational period on company time to explain periodic jobsite testing program to affected employees;
d. Testing shall be conducted by an SAMHSA-certified laboratory, pursuant to the provisions set forth in paragraph 5 hereinabove.

City of Palmdale 39 Community Workforce Agreement
e. Only two (2) periodic tests may be performed in a twelve (12)-month period.

7. It is understood that the unsafe use of prescribed medication, or where the use of prescribed medication impairs the employee's ability to perform work, is a basis for the Contractor to remove the employee from the jobsite.

8. Any grievance or dispute that may arise out of the application of this Policy shall be subject to the grievance and arbitration procedures set forth in the CWA.

9. The establishment or operation of this Policy shall not curtail any right of any employee found in any law, rule, or regulation. Should any part of this Policy be found unlawful by a court of competent jurisdiction or a public agency having jurisdiction over the Parties, the remaining portions of the CWA shall be unaffected, and the Parties shall enter negotiations to replace the affected provision.

10. Present employees, if tested positive, shall have the prerogative for rehabilitation program at the employee’s expense. When such program has been successfully completed, the Contractor shall not discriminate in any way against the employee. If work for which the employee is qualified exists, he/she may be reinstated.

11. The Contractor agrees that results of urine and blood tests performed hereunder will be considered medical records held confidential to the extent permitted or required by law.

Such records shall not be released to any persons or entities other than designated Contractor representatives and the applicable Union. Such release to the applicable Union shall only be allowed upon the signing of a written release by the employee, and the information contained therein shall not be used to discourage the employment of the individual applicant or employee on any subsequent occasion.

12. Employees who seek voluntary assistance for substance abuse may not be disciplined for seeking such assistance. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee's consent. Employees enrolled in substance abuse programs will be subject to all Contractor rules, regulations, and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness.

13. The Contractor shall indemnify and hold the Union harmless against any and all claims, demands, suits, or liabilities that may arise out of the application of this Policy.

14. This Policy shall constitute the only Policy in effect between the Parties concerning drug and alcohol abuse, prevention, and testing. Any modifications thereto must be accomplished pursuant to collective bargaining negotiations between the Parties.

City of Palmdale 40 Community Workforce Agreement

SPECIMEN REPORTING CRITERIA
Initial Test Analyte Initial Test Cutoff 1
Confirmatory Test
Analyte
Confirmatory Test Cutoff
Concentration
Marijuana metabolites
(THCA)2
50 ng/ml 3 THCA 15 ng/ml
Cocaine metabolite
(Benzoylecgonine)
150 ng/ml 3 Benzoylecgonine 100 ng/ml
Codeine/
Morphine
2000 ng/ml Codeine Morphine 2000 ng/ml
2000 ng/ml
Hydrocodone/
Hydromorphone
300 ng/ml Hydrocodone
Hydromorphone
100 ng/ml
100 ng/ml
Alcohol 0.02% Ethanol 0.02%
Oxycodone/
Oxymorphone
100 ng/ml Oxycodone
Oxymorphone
100 ng/ml
100 ng/ml
6-Acetylmorphine 10 ng/ml 6-Acetylmorphine 10 ng/ml
Phencyclidine 25 ng/ml Phencyclidine 25 ng/ml
Amphetamine/
Methamphetamine
500 ng/ml Amphetamine
Methamphetamine
250 ng/ml
250 ng/ml
MDMA4/MDA5 500 ng/ml MDMA
MDA
250 ng/ml
250 ng/ml
Initial Test Analyte Initial Test Cutoff Confirmatory Test Analyte
Confirmatory Test Cutoff
Concentration
Barbiturates 300 ng/ml Barbiturates 200 ng/ml
Benzodiazepines 300 ng/ml Benzodiazepines 300 ng/ml
Methadone6 300 ng/ml Methadone 100 ng/ml
Methaqualone 300 ng/ml Methaqualone 300 ng/ml
Propoxyphene 300 ng/ml Propoxyphene 100 ng/ml

1 For grouped analytes (i.e., two or more analytes that are in the same drug class and have the same initial test cutoff):

Immunoassay: The test must be calibrated with one analyte from the group identified as the target analyte.

The cross-reactivity of the immunoassay to the other analyte(s) within the group must be 80 percent or greater; if not, separate immunoassays must be used for the analytes within the group.

Alternate technology: Either one analyte or all analytes from the group must be used for calibration, depending on the technology. At least one analyte within the group must have a concentration equal to or greater than the initial test cutoff or, alternatively, the sum of the analytes present (i.e., equal to or greater than the laboratory's validated limit of quantification) must be equal to or greater than the initial test cutoff. 2 An immunoassay must be calibrated with the target analyte, 9-tetrahydrocannabinoJ-9- carboxylic acid (THCA). 3 Alternate technology (THCA and benzoylecgonine): The confirmatory test cutoff must be used for an alternate technology initial test that is specific for the target analyte (i.e., 15 ng/ml for THCA, 100 ng/ ml for benzoylecgonine).
4 Methylenedioxymethamphetamine (MDMA)
5 Methylenedioxyamphetamine (MDA)
6 Employees with a prescription for methadone who are using the medication as prescribed, and are not impaired and can safely perform their work, will not be considered to have violated this Policy.

City of Palmdale 41 Community Workforce Agreement

MEMORANDUM OF UNDERSTANDING REGARDING
“QUICK” DRUG SCREENING TESTS

It is hereby agreed between the Parties hereto that a Contractor who has otherwise properly implemented drug and alcohol testing, as set forth in the Policy, shall have the right to offer an applicant or employee a "quick" drug screening test. This “quick” screen test shall consist either of the “ICUP” urine screen or similar test or an oral screen test. The applicant or employee shall have the absolute right to select either of the two “quick” screen tests, or to reject both and request a full drug test.

An applicant or employee who selects one of the "quick" screen tests, and who passes the test, shall be put to work immediately. An applicant or employee who fails the "quick" screen test, or who rejects the "quick" screen tests, shall be tested pursuant to the procedures set forth in the Policy. The sample used for the "quick" screen test shall be discarded immediately upon conclusion of the test. An applicant or employee shall not be deprived of any rights granted to them by the Policy as a result of any occurrence related to the “quick” screen test.

City Council Staff Report

DATE: JULY 1, 2025

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: PUBLIC WORKS DEPARTMENT

CAPITAL IMPROVEMENT PROGRAM DIVISION

DISTRICT: 2

SUBJECT: AWARD AND APPROVE AGREEMENT WITH DEARK E&C , INC. , FOR CONSTRUCTION SERVICES FOR PN 887, MARIE KERR PARK

BEST OF THE WEST CONCESSION STAND P ROJECT FOR A
TOTAL NOT TO EXCEED AMOUNT OF $560,995 FOR A TERM OF
45 WORKING DAYS FROM THE DATE OF THE NOTICE TO

PROCEED

RECOMMENDATION

Staff recommend that the City Council:

1. Award and Approve Construction Agreement No. A-9273 with Deark E&C, Inc., for PN 887, Marie Kerr Park Best of the West Concession Stand Project for a total not to exceed amount of $560,995 which includes a contract amount of $509,995 plus a 10% contingency amount of $51,000 for a term of 45 working days from the date of the Notice to Proceed; and,

2. Authorize the City Manager Pro Tem or his designee to execute Agreement No.

A-9273 with Deark E&C, Inc., including minimal and/or non-substantial changes.

3. Authorize the City Manager Pro Tem or his designee to approve change orders for additional or changed scope of work up to the 10% contingency amount approved by the Council.

BACKGROUND

Project No. 8 87 will construct a new concession stand that will sell snacks and beverages. The project consists of site preparation, ADA improvements, landscaping, and all necessary utility connections. The City has purchased a ROMTEC Concession Stand. The contractor is responsible for the construction of the concession stand building using the ROMTEC plans and specifications . The duration of the project to complete the work is 45 working days.

Report to Mayor and City Council
Re: Award of PN 887, Agrmt No. A-9273
July 1, 2025

Page 2 ends

DISCUSSION

On March 13, 2025, the project was advertised for construction bids via the Planet Bids electronic platform. On April 3, 2025, the City received three (3) bids for the project, which have been reviewed and are summarized below:

Bidder Location Amount

1. JT Construction Group, Inc. Sun Valley, CA $291,994.00

2. Deark E&C, Inc. Fullerton, CA $509,995.00

3. Golden Sun Firm Tarzana, CA $560,860.00

JT Construction Group, Inc. was initially identified as the lowest bidder and was awarded the project by the City Council on May 6, 2025. However, the company was unable to secure the necessary bonds to meet the City’s requirements.

On June 3, 2025, staff provided a Notice of Rejection of Award letter to JT Construction Group, Inc. and award ed the contract to the second -lowest responsible bidder, Deark E&C, Inc ., with a proposed bid of $509,995. This proposed bid is 15% within the Engineer’s Estimate and a reasonable construction cost.

Staff recommend that the City Council approve construction contract with Deark E&C, Inc., in the amount of $509,995, which includes a 10% contingency of $51,000, for a total not to exceed $560,995.

FISCAL IMPACT

$560,995; Funds for this project are budgeted and available, utilizing General and Measure AV funds.

STRATEGIC PLAN

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

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

Prepared by:

Leonardo Torres, P.E.

Director of Public Works
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Salvador Mendez, City Manager Pro Tem
Approved as to form: Alexandra Halfman, Acting City Attorney

ATTACHMENTS

Agrmt No. A-9273 with Deark E&C, Inc.

AGREEMENT NO. A- 9273

CONSTRUCTION CONTRACT
BETWEEN THE CITY OF PALMDALE AND DEARK E&C, INC.

THIS CONTRACT (“Contract”) is made and entered into by and between City of Palmdale, a public entity ("City"), and DEARK E&C, INC., a California Corporation ("Contractor"). Contractor and City are collectively referred to herein as the “parties.” This Contract shall become effective on the date of the last signatory. 1 Scope of Work
Contractor shall complete the Project in accordance with this Contract. Contractor shall furnish all materials and perform all work required for the completion of the following Project:

Marie Kerr Park Best of the West Concession Stand Project, PN 887 The general items of work to be done hereunder consists of site preparation, landscaping, and installation of a concession stand building at the Marie Kerr Park Best of the West Softball Complex and ADA upgrades to the Marie Kerr Park Best of the West parking lot.
2 Standard Specifications
Standard Specifications for City projects are those contained in the 2024 Greenbook edition of the "Standard Specifications for Public Works Construction" (the "Greenbook"). Except as otherwise expressly provided herein, the Standard Specifications shall control the general provisions, construction materials, and construction methods for this Contract (except as amended by the Plans for the Project), the General Specifications for the Project, the Special Provisions for the Project, any technical specifications for the Project, and any other contract documents.
3 Compensation
City shall pay Contractor the total, all-inclusive, NOT-TO-EXCEED amount of Five Hundred Nine Thousand Nine Hundred Ninety-Five Dollars ($509995.00) for the construction of the Project. This amount shall cover all expenses for labor, materials, and any and all other costs incurred by Contractor to satisfactorily construct the Project. Unless otherwise provided in the bid documents or agreed upon by the parties, Contractor shall submit detailed, monthly invoices for work actually performed.

4 Completion Date

1-14Concord - Document ID: generated after first signature The construction of the Project shall commence upon Contractor being given a written notice to proceed, and shall be completed within 45 working days of said notice.

5 Payment and Performance Bonds; Guaranty

Unless otherwise expressly provided in the bid documents, prior to commencing work, Contractor shall provide a payment bond and performance bond, each in an amount equal to 100% of the projected annual recurring services price for each year of the term of the contract. Contractor shall submit all bonds electronically through Surety 2000. Pursuant to the bid documents for this Project, the Contractor is required to provide a written guaranty of Contractor’s work. In furtherance thereof, Contractor shall execute the written form of Guaranty attached hereto and incorporated by reference herein.

6 Licenses

At all times during the term of this Contract, Contractor shall possess a valid and current Class B Contractor's License or Specialty Contractor License consisting of Class licensee to perform the required work (“Work”). Contractor’s DIR registration number is 1000579126. Contractor hereby certifies that it holds the required license(s).

7 Subcontracting

Subject to any self-performance requirements herein, Contractor may subcontract any portion of the work required by this Contract to other persons or firms, and Contractor submitted with its bid a list of those subcontractors who will perform work in an amount in excess of one-half of one percent (1%) of the Contractor’s total bid, in compliance with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code § 4100, et seq. Only such listed subcontractors may perform on this Project.

8 Non-Assignability

Neither this Contract nor any rights, title, interest, duties or obligations under this Contract may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.

9 Administration

This Contract will be administered by the Public Works Department of the City. The Director of Public Works or his or her designee shall be considered the Project Administrator and shall have the authority to act for the City under this Contract. 2-14Concord - Document ID: generated after first signature

10 Indemnification

To the maximum extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless the City, its Board of Director, the City's officers, employees, agents, volunteers, and representatives (“Indemnitees”) with respect to any and all claims, suits, actions, stop notices, liabilities and/or damages, including related expenses, attorney's fees and costs, based on, arising out of, or in any way related to the work undertaken by Contractor pursuant to this Contract, and in connection with the Project.

11 Liability Insurance

11.1 Without limiting Contractor's indemnification of City, as described in paragraph 10, and unless modified by City, Contractor shall obtain, provide and maintain, at its own expense, during the term of this Contract, a policy or policies of insurance, satisfactory to the City, from insurance carriers admitted to do business in the State of California and rated in A.M. Best’s Insurance Guide with a rating of A:VII or better, which contain the coverage described below.

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

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

11.1.3 Workers’ Compensation and Employer’s Liability
 Workers’ Compensation -- coverage as required by the State of California  Employer’s Liability --
$1,000,0000.00 each accident
$1,000,000.00 policy limit bodily injury
$1,000,000.00 each employee bodily injury by disease

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

11.2 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.

The certificates shall state: “The City of Palmdale, Successor Agency to the 3-14Concord - Document ID: generated after first signature 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.

11.3 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.

11.4 Said Certificates of Insurance shall provide that thirty (30) days’ prior written notice of cancellation shall be given to the City in the event of cancellation and/or reduction in coverage of any nature.

11.5 The required policies of insurance shall be endorsed to waive all rights of subrogation. Contractors waives all rights of subrogation.

11.6 Acceptable Proof of Insurance:

A. 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.

B. 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.

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

11.7 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. 4-14Concord - Document ID: generated after first signature

11.8 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.

11.9 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.

11.10 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 11 will not be impacted and/or limited by such deviation.
12 State Labor Code

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

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

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

Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, not more than $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated 5-14Concord - Document ID: generated after first signature prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of this Agreement.

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

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

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

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

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

12.8 Section 1777.5 of the Labor Code requires Contractor or subcontractor employing workers in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Contract. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Section 1777.6 of the Labor Code provides 6-14Concord - Document ID: generated after first signature that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age.

12.9 Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810. The statutory provisions for penalties for failure to comply with the State's wage and hour laws will be enforced as set forth in Labor Code Section 1813. 13 Antitrust Claims
In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties.
14 Trenching and Excavations
Pursuant to Public Contract Code Section 7104, if the Project involves trenching more than four (4) feet deep, Contractor shall promptly and before the following conditions are disturbed notify the City in writing of any:

14.1 Material that Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; and/or

14.2 Subsurface or latent physical conditions at the site differing from those indicated; and/or

14.3 Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

14.4 As required by Labor Code Section 6705 and in addition thereto, whenever work under the Contract that involves an estimated expenditure in excess of twenty- five thousand dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by City in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of 7-14Concord - Document ID: generated after first signature Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by Contractor, and all costs therefor shall be included in the price of the Contract. Nothing in this provision shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this provision shall be construed to impose tort liability on the City or on any City officer, agent, consultant, representative, or employee. All plans, processing and shoring costs are Contractor’s responsibility and must be included in Contractor’s bid.

15 Location of Existing Elements
Pursuant to Government Code Sections 4216 to 4216.9, the methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed. Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. alert and other private underground locating firm(s), and/or utilizing potholes, specialized locating equipment and/or hand trenching.
16 Third Party Claims
Pursuant to Public Contract Code Section 9201, the City has full authority to compromise or otherwise settle any claim relating to this Contract at any time. The City shall timely notify Contractor of the receipt of any third-party claim relating to the Contract. The City shall be entitled to recover its reasonable costs incurred in providing the notification required by Public Contract Code Section 9201(b). 17 Non-Collusion
Contractor hereby certifies that this bid is genuine and not a sham or collusive, or made in the interest or on behalf of any person or business not herein named. Contractor further certifies that Contractor has not directly or indirectly induced or solicited any other bidder to furnish a sham bid, or any other person or business to refrain from bidding, and Contractor has not in any manner sought by collusion to secure itself an advantage over any other bidder. Contractor also affirms that it has signed and submitted with its bid to the City a Non-collusion Declaration as required by Public Contract Code Section 7106.
18 Conflicts of Interest
Contractor agrees not to accept any employment or representation during the term of this Contract or within twelve (12) months after completion of the work under this Contract which is or may likely make Contractor “financially interested,” as provided in Government Code Section 1090 and 87100, in any decisions made by City on any 8-14Concord - Document ID: generated after first signature matter in connection with which Contractor has been retained pursuant to this Contract.
19 Audit
The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by the City. Additionally, pursuant to Government Code Section 8546.7, if this Contract involves the expenditure of public funds in excess of ten thousand dollars ($10,000), Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under this Contract. 20 Substitute Security
Pursuant to Public Contract Code Section 22300, the substitution of securities for any moneys withheld by the City to ensure performance under a contract is permitted, except where financing will be provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seq.) or where federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in the State of California as the escrow agent, that shall then pay those moneys to Contractor. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor.

Alternatively, Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may direct the investment of the payments into securities, and Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by Contractor. Upon satisfactory completion of the Contract, Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this section.

Securities eligible for investment shall include those listed in California Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security to which Contractor and the City agree in writing. Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon.

If Contractor elects to receive interest on moneys withheld in retention by the City, it shall, at the request of any subcontractor performing more than five percent (5%) of Contractor’s total bid, make that option available to the subcontractor regarding any 9-14Concord - Document ID: generated after first signature moneys withheld in retention by Contractor from the subcontractor. If Contractor elects to receive interest on any moneys withheld in retention by the City, then the subcontractor shall receive the identical rate of interest received by Contractor on any retention moneys withheld from the subcontractor by Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the subcontractor. If Contractor elects to substitute securities in lieu of retention, then, by mutual consent of Contractor and its subcontractor, the subcontractor may substitute securities in exchange for the release of moneys held in retention by Contractor. No Contractor shall require any subcontractor to waive any provision of this paragraph.

The escrow agreement for security deposits in lieu of retention shall be substantially similar to the form provided in Public Contract Code Section 22300(f). 21 Claims Dispute Resolution
In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.

All claims arising out of or related to the Contract documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Section 9204 and Article 1.5 (as applicable), pursuant to the definition of “claim” as individually defined therein. 22 Non-discrimination and Equal Employment Opportunity

22.1 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, 10-14Concord - Document ID: generated after first signature gender expression, genetic information, or military and veteran status.

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

22.2 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. 23 Integration
This Contract supersedes any and all agreements, either oral or written, between the parties hereto with respect to the construction of the Project by Contractor for City and contains all of the covenants and agreements between the parties with respect to the construction of the Project. Each party to this Contract acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to the construction of the Project by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding work not contained in this Contract shall be valid or binding. Any modification or amendment of this Contract will be effective only if it is in writing and signed by the parties to this Contract. Any changes to the work required by this Contract will be by change order signed by the parties. 24 Debarment and Suspension Certification
Title 2, Code of Federal Regulations, Part §180.300
The bidder, under penalty of perjury, certifies that, except as noted in a separate document, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, or manager:
•is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
•has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; •does not have a proposed debarment pending; and
11-14Concord - Document ID: generated after first signature •has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
25 Governing Law
This Contract will be governed by and construed in accordance with the laws of the State of California without reference to change of venue laws. Any legal action in which enforcement of the terms and conditions of this Contract is requested, or in which it is alleged that a breach of this Contract has taken place, shall be filed and prosecuted in the County of Los Angeles, California.
26 Successors and Assigns
The terms and conditions of this Contract shall be binding on the successors and assigns of the parties to this Contract.
27 Exhibits
The exhibits and attachments referenced in this Contract are attached hereto and incorporated herein by this reference as though set forth in full in the Contract. 28 Authority to Sign
The person or persons executing this Contract on behalf of the Contractor warrant and represent that they have the authority to execute this Contract on behalf of the Contractor and have the authority to bind Contractor to the construction of the Project.
12-14Concord - Document ID: generated after first signature 29 Time is of the Essence
Time is of the essence in every provision of this Agreement in which time to perform is a factor.

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 DEARK E&C, INC.

Salvador Mendez Date
City Manager Pro Tem

Sean Lee Date
Controller

ADDRESS FOR NOTICE:

CITY OF PALMDALE
38250 Sierra Highway
Palmdale, CA 93550

ADDRESS FOR NOTICE:

DEARK E&C, INC.
1335 W. Valencia Dr., Suite P
Fullerton, CA 92833
APPROVE AS TO FORM:

Alexandra Halfman
Acting City Attorney

ATTEST:

Roxanne Faber
City Clerk
ATTEST: If Corporation

Secretary

[Signatures of contractor on bond(s) must be notarized. Obtain two corporate signatures if contractor is a corporation.]

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

13-14Concord - Document ID: generated after first signature □Certificate(s) and Endorsement(s) attached
□Confirmed business name on contract with certificate(s) □Attached notarized bond(s), Worker's Compensation Certificate, and Guaranty □Attached Agreement Checklist and met all requirements
□2 CFR 200 Checklist (if federally funded)

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

MARIE KERR PARK - BEST OF THE WEST

CONCESSION STAND

BEST OF THE WEST SOFTBALL PARKFUTURE CONCESSION STAND PROJECT LOCATION AT

MARIE KERR PARK BEST OF THE WEST

CONCESSION STAND

SITE PLAN FLOOR PLAN

CONCESSION STAND RENDERING

MARIE KERR PARK BEST OF THE
WEST

City Council Staff Report

DATE: JULY 1, 2025

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: PUBLIC WORKS DEPARTMENT

MAINTENANCE DIVISION

DISTRICT: ALL

SUBJECT: APPROVE REQUISITION WITH WALSMA OIL COMPANY, INC. FOR

BULK DIESEL AND UNLEADED FUEL IN AN AMOUNT NOT TO
EXCEED $650,000 FOR FISCAL YEAR 2025-26

RECOMMENDATION

Staff recommend that the City Council:

1. Approve Requisition No. 260000 with Walsma Oil Company, Inc. for bulk diesel and unleaded fuel in an amount not to exceed $650,000; and,

2. Authorize the City Manager Pro Tem or his designee to approve the requisition and resulting purchase order with Walsma Oil Company, Inc., including minimal and/or non-substantial changes.

BACKGROUND

The City’s Fleet Maintenance manages more than 350 vehicles , large construction equipment, generators, trailers, and other specialized maintenance equipment . This requires a consistent and reliable supply of bulk diesel and unleaded fuel to support essential operations, including public works, emergency response, and general municipal services. Bulk purchasing fuel ensures availability, operational efficiency, and competitive pricing to address these needs. Bulk diesel and unleaded fuel deliveries to the City’s on- site station are essential to meeting the City’s operational need s, maintaining service efficiency, product availability, fuel security, and cost control.

DISCUSSION

On February 20, 2024, the City released Invitation for Bid (IFB) No. 24-001-3300 for bulk diesel and unleaded fuel and received one proposal from Walsma Oil Company, Inc.

Report to Mayor and City Council
Re: Approve Requisition No. 260000 with Walsma Oil Company, Inc.

July 1, 2025

Page 2 ends

Palmdale City CouncilJuly 1, 2025

Palmdale City Council
July 1, 2025