LEGISLATIVE BODY
LAURA BETTENCOURT, MAYOR PRO TEM
AUSTIN BISHOP, COUNCILMEMBER
RICHARD J. LOA, 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 PRO TEM BETTENCOURT, COUNCILMEMBERS BISHOP, LOA, OHLSEN, ALARC
Ó
N
COMMISSIONERS FRAGA-SAENZ, BETTS
3. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
4. PRESENTATIONS
4.1 Chimbole Cultural Center & Library Expansion & Renovation Project, Phase 1.
CITY COUNCIL
SUCCESSOR AGENCY
HOUSING AUTHORITY
CITY COUNCIL CHAMBER
38300 SIERRA HIGHWAY
SUITE B
PALMDALE, CA 93550
TUESDAY, SEPTEMBER
2, 2025
5:00 PM
www.cityofpalmdaleca.gov
WELCOME
City Council
Tuesday, September
2, 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. HOUSING AUTHORITY CONSENT CALENDAR
All matters listed under the Consent Calendar will be enacted by one motion unless an item(s) is pulled by the Authority, in which case the item(s) will be removed from the Consent Calendar and will be considered separately following this portion of the Agenda.
6.1 Approve the City of Palmdale Housing Authority's 2024-2025 Annual Report per Health and Safety Code Section 34328 and 34328.1 and Authorize the Executive Director or their Designee to Submit the Report to the State of California Department of Housing and Community Development (HCD).
SR HA Annual Report 2024-25.docx
HA Annual Report for 2024-25.pdf
6.2 Approve the minutes from the previous meetings.
HA Mins 06 17 2025.pdf
7. CONSENT CALENDAR
All matters listed under the Consent Calendar will be enacted by one motion unless an item(s) is pulled by Council, in which case the item(s) will be removed from the Consent Calendar and will be considered separately following this portion of the Agenda.
7.1 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).
7.2 Review and file the Monthly Investment activity reports for July 2025.
SR Monthly Investment Report July 2025.docx
Rpt. Monthly Investment Reports July 2025.pdf
7.3 Adopt Resolution No. CC 2025-054, a Resolution of the City Council of the City of Palmdale to transfer unclaimed checks from their respective funds to the general fund pursuant to California Government Code Section 50050-50057.
SR Unclaimed Checks Sept 2025.docx
Reso. No. CC 2025-054 Unclaimed Checks.docx
Publication FY 2025 Unclaimed checks.pdf
City Council
Tuesday, September
2, 2025
7.4 Adopt Resolution No. CC 2025-065, a Resolution of the City Council of the City of Palmdale authorizing the execution and delivery of a custody agreement regarding funds of City of Palmdale Community Facilities District No. 93-1 (Ritter Ranch) and approving related actions.
SR Reso. No. CC 2025-065.docx
Reso. No. CC 2025-065.docx
Custody Agreement A-9489.docx
7.5 Approve First Amendment to Agreement with Accela, Inc., a subscription based land use, plan review, and inspection tracking system, for an additional amount of $130,000 and a not to exceed amount of $766,553 for the remainder of a five (5) year term through December 31, 2026.
SR First Amendment to Agrmt No. A-7700 with Accela, Inc.docx
Agrmt No. A-7700, First Amendment with Accela, Inc.pdf
Agrmt No. A-7700 with Accela, Inc.pdf
7.6 Adopt Resolution No. CC 2025-067, a Resolution of the City Council of the City of Palmdale recognizing the Los Angeles County Sheriff’s Department for its commitment to transparency and community trust and expressing support for State Legislation promoting identification and accountability in law enforcement.
SR Reso. No. CC 2025-067.docx
Reso. No. CC 2025-067.docx
7.7 Approve First Amendment to Agreement with RSG, Inc., to increase the amount by $69,610 for a not to exceed total of $150,000 for additional consultant services for the Home Rehabilitation and Home Accessibility Programs.
SR Agrmt No. A-9221 First Amendment with RSG Inc.docx
Agrmt No. A-9221 First Amendment with RSG Inc.pdf
Agrmt No. A-9221 with RSG Inc.pdf
7.8 Approve the deaccession of the Back Home sculpture at the Palmdale Transportation Center in accordance with the Public Art Commission’s Deaccession of Artwork Policy and Chapter 15.01 of the Palmdale Municipal Code.
SR Deaccession Back Home Sculpture.docx
Deaccession of Artwork Policy.pdf
7.9 Approve First Amendment to Agreement with Brightlife Designs, LLC, for holiday light decorating services, increasing the agreement by $450,000 for a total not to exceed amount of $574,000 for a two-year term through October 2, 2026, with the option to extend one additional one-year term.
SR Agrmt No. A-9049 First Amendment with BrightLife Designs,LLC.docx
Agrmt No. A-9049 First Amendment with Brightlife Designs, LLC.pdf
Agmt No. A-9049 with Brightlife Designs, LLC.pdf
City Council
Tuesday, September
2, 2025
7.10 Energy For Palmdale's Independent Choice (EPIC) 2024 Power Source Disclosure Attestation.
SR EPIC 2024 PSD Attestment.docx
EPIC 2024 PSD Annual Report.pdf
7.11 Award and Approve agreement with Applied Research Associates Inc., for PN 922, Citywide Sign Inventory and Retroreflectivity Assessment Project, for a total not to exceed amount of $418,979 for a term of 180 calendar days from the date of the Notice to Proceed.
SR Agrmt No. A-9317 with Applied Research Associates, Inc.docx
Agrmt No. A-9317 with Applied Research Associates, Inc.pdf
7.12 Award and Approve Construction Agreement with Bergman KPRS, LLC, for Design-Build Services for PN 924, DryTown Water Park Thrill Ride Attraction Project for a total not to exceed amount of $2,319,980 for a completion date no later than April 15, 2026; and Approve and Award Agreement with MNS Engineers, Inc., for Project/Construction Management Services for a total not to exceed amount of $330,000 for a term of 12 months.
SR Agrmt No. A-9499 with Bergman KPRS, LLC & Agrmt No. A-9506 with MNS Engineers, Inc.docx
Agrmt No. A-9499 with Bergman KPRS, LLC.pdf
Agrmt No. A-9506 with MNS Engineers, Inc.pdf
7.13 Award and Approve Construction Agreement with Hardy & Harper Inc., for PN 918, 2025 Arterial Overlay Project, for a total not to exceed amount of $4,163,500 for a term of 45 working days from the date of the Notice to Proceed.
SR Agrmt No. A-9468 with Hardy & Harper Inc., PN 918.docx
Agrmt No. A-9468 with Hardy & Harper Inc., PN 918.pdf
Location Map.pdf
7.14 Approve the minutes from the previous meeting.
Mins 08 01 2025.pdf
Mins 08 19 2025.pdf
8. PUBLIC HEARING
8.1 Public Hearing to receive Public Comments on the Draft Consolidated Annual Performance Evaluation Report (CAPER) for Fiscal Year 2024-2025; Review, Approve, and Authorize the City Manager Pro Tem or his Designee to make necessary changes to submit the CAPER Report to the U.S. Department of Housing and Urban Development (HUD) by September 28, 2025, in Compliance with HUD Regulations.
SR CAPER 24-25.docx
City Council
Tuesday, September
2, 2025
DRAFT Palmdale CAPER 24-25.pdf
8.2 Public Hearing to receive public comments on the Permanent Local Housing Allocation (PLHA) Formula 5-Year Plan Amendment for Years 2020-2025; Adopt Resolution No. CC 2025-064, a Resolution of the City Council of the City of Palmdale authorizing the application and amending the PLHA Formula 5-Year Plan with the State of California Department of Housing and Community Development PLHA Program.
SR CC Public Hearing PLHA 5-Year Plan Amendment.docx
Reso. No. CC 2025-064 PLHA Amendment.docx
2024 PLHA Formula 5-year Plan Amendment.pdf
9. APPOINTMENTS
9.1 Appointment of two Councilmembers to form an Ad Hoc Subcommittee to review and provide recommendation for a possible partnership with Palmdale Water District (PWD) for Littlerock Dam Recreational Project.
SR Littlerock Ad Hoc Subcommittee.docx
10. CITY MANAGER’S 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
12.1 Council Reports.
Monthly Informational Report Bettencourt 090225.docx
Monthly Informational Report Bishop 090225.docx
Monthly Informational Report Ohlsen 090225.docx
13. PRESENTATION BY CITY ATTORNEY
13.1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Katherine Inman v. City of Palmdale
Los Angeles Superior Court 23STCV27086
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
13.2 PUBLIC EMPLOYEE APPOINTMENT
City Council
Tuesday, September
2, 2025
Title: Interim City Manager
This closed session is being held pursuant to the authority of California Government Code Section 54957.
14. ANNOUNCEMENT BY CITY ATTORNEY
15. ADJOURN
meeting to October 7, 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, September
2, 2025
Housing Authority
Staff Report
DATE: SEPTEMBER 2, 2025
TO: HONORABLE VICE CHAIR AND COMMISSIONERS
FROM: HOUSING DEPARTMENT
DISTRICT: ALL
SUBJECT: APPROVE THE HOUSING AUTHORI TY OF THE CITY OF
PALMDALE’S 2024-2025 ANNUAL REPORT PER HE ALTH AND
SAFETY CODE SECTION 34328 AND 34328. 1 AND AUTHORIZE
THE EXECUTIVE DIRECT OR OR THEIR DESIGNEE TO SUBMIT
THE REPORT TO THE STATE OF CALI FORNIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT (HCD)
RECOMMENDATION
Staff recommend that the Housing Authority:
1. Approve the Housing Authority of the City of Palmdale’s 2024-2025 Annual Report per Health and Safety Code Section 34328 and 34328.1; and,
2. Authorize the Executive Director or their designee to submit the report to the State of California Department of Housing and Community Development (HCD).
BACKGROUND
The Housing Authority of the City of Palmdale (Housing Authority) was activated by the City Council on April 9, 1997, pursuant to California Housing Authorities Law. In accordance with Health and Safety Code Sections 34328 and 34328.1, the Housing Authority must prepare a complete report of its activities during the previous fiscal year by October 1. The annual report must be filed with the City Clerk and submitte d to the California Department of HCD. As part of the reporting process, the Housing Authority may recommend legislation or other actions necessary to carry on housing and community development programs in the State of California.
DISCUSSION
Staff has prepared a report describing the Housing Authority’s affordable housing activities utilizing the Housing Authority assets, the Low- and Moderate-Income Housing Funds assumed from the Community Redevelopment Agency of the City of Palmdale (former Redevelop ment Agency), and the Housing Asset Funds proceeds from the Report to Vice Chair and Commissioners of the Housing Authority Re: 2024-2025 Housing Authority of the City of Palmdale Annual Report September 2, 2025
assumed assets of the former Redevelopment Agency. The Annual Report demonstrates compliance with the reporting requirements of Sections 34328 and 34328.1.
The Housing Authority, in its capacity as the housing successor to the former Redevelopment Agency, is also required to conduct an independent financial audit for the previous fiscal year and to prepare a report on its housing activities as specified in Health and Safety Code Section 34176.1(f) . The audit and report will be presented to the Authority Board under separate cover.
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. Manage resources, costs, and liabilities to ensure the City’s long-term fiscal health.
Prepared by: Sophia Reyes, Director of Housing
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Salvador Mendez, Executive Director
Approved as to form: Alexandra Halfman, Authority Attorney
ATTACHMENTS
HA Annual Report 2024-2025
Housing Authority of the City of Palmdale
2024-2025 Annual Report
Pursuant to Health and Safety Code Sections 34328 and 34328.1
Contact:
Department of Housing
Sophia Reyes, Director
Becky Bartlett, Analyst II
38250 Sierra Highway
Palmdale, California 93550
(661) 267-5126
September 2, 2025
2024-2025 Annual Report
Pursuant to Health & Safety Code Sections 34328 and 34328.1 Contents
I. Preface
II. Report of Affordable Housing Activities
a. Assumption of Housing Assets from Former Redevelopment Agency b. Management of Housing Authority-Owned Properties
c. Housing Authority Affordable Housing Activities
III. Other Required Information
2024-2025 Annual Report
Pursuant to Health & Safety Code Sections 34328 and 34328.1
I. PREFACE
In accordance with California Health and Safety Code Section s 34328 and 34328.1, a Housing Authority is required to file an annual report at least once a year with the clerk of the respective city or county and with the Department of Housing and Community Development (HCD) describing its activities for the preceding year. The report shall contain information adequate for the city, county, or department to determine that the requirements of Section 34312.3 have been met for any activity undertaken pursuant to that section.
II. REPORT OF AFFORDABLE HOUSING ACTIVITIES
a. Assumption of Housing Assets from Former Redevelopment Agency The Housing Authority of the City of Palmdale (Housing Authority) assumed the housing assets and obligations of the Low- and Moderate-Income Housing Fund (LMIHF) of the former Community Redevelopment Agency of the City of Palmdale (former Redevelopment Agency) in January 2012, effective February 1, 2012 , pursuant to Assembly Bill No. 26 (2011 -2012 1st Ex. Sess.) . The proceeds from the assets assumed from the former Redevelopment Agency are held in the Housing Authority’s Low- and Moderate-Income Housing Asset Fund (HAF).
b. Management of Housing Authority-Owned Properties
The Housing Authority owns and operates the three Mobile Home Parks (Boulders at the Lake, Boulders at the Ranch I, and Boulders at the Ranch II). Newport Pacific Capital Company, Inc. manages the properties. The percentage of units required by Health and Safety Code Section 34312.3(c) to be occupied by specified income levels was met. The Housing Authority will continue to monitor the properties to confirm continued compliance.
The Housing Authority owns and operates 291 units of affordable rental housing (Impressions, La Quinta, Park Vista, and Summerwood Apartments) . Newport Pacific Capital Company, Inc. manages the properties. The percentage of units required by Health and Safety Code Section 34312.3(c) to be occupied by specified income levels was met, and the Housing Authority will continue to monitor the properties to confirm continued compliance.
The Housing Authority has no tenancy terminations or Section 8 voucher terminations associated with victims of domestic violence to report.
2024-2025 Annual Report
Pursuant to Health & Safety Code Sections 34328 and 34328.1 Multi-family Mortgage Revenue Bonds were issued by the former Redevelopment Agency in 1998 for the acquisition and rehabilitation of the Mobile Home Parks and were refinanced in 2003 and 2005. The Promissory Note for the bonds to the former Redevelopment Agency was assumed by the Housing Authority in 2003, when the title was transferred from the prior owner, and is paid from net cash flow generated by the three mobile home parks. The Housing Authority is current in its payment obligations.
Multifamily Housing Revenue Bonds were issued in 2015 to acquire and rehab 291 units of affordable rental housing (the Impressions, La Quinta, Park Vista, and Summerwood Apartments). The Housing Authority's Promissory Note for the bonds is paid from the net cash flow generated by the four apartment properties.
The Housing Authority is current in its payment obligations.
c. Housing Authority Affordable Housing Activities
The Housing Authority assumed the former Redevelopment Agency's affordability covenants and conducted annual monitoring and enforcement of owner compliance with the restrictions imposed on projects assisted with LMIHF. The Housing Authority continued implementing the enforceable housing obligations assumed from the former Redevelopment Agency an d funded with LMIHF in accordance with California Redevelopment Law.
The Housing Authority entered into the following agreements in the reporting period:
1. First Amendment with The Salvation Army (A -8366) to amend the budget to include an administrative line item without changing the total agreement amount.
Homelessness Prevention and Rapid Rehousing Program.
2. Fourth Amendment with LDM Associates, Inc. (A -7160) for Rehabilitation Management Services, the consultant and Housing Authority agree to exercise the option in Section 5.1 to extend the agreement for the final option of a one-year term through October 28, 2025.
3. Second Amendment with Keyser Marston (A-7134) for Financial Analysis Services, the consultant and Housing Authority agree to exercise the option in Section 5.1 to extend the agreement for an additional one -year term through October 28, 2025.
4. Second Amendment RSG, INC. (A-7135) Consultant and Housing Authority agree to exercise the option in Section 5.1 to extend the agreement for the final option of one-year term through October 14, 2025.
5. First Implementation to Agreement (A-7950) with Together California for Revised Schedule of Performance for the Foster Family Housing.
2024-2025 Annual Report
Pursuant to Health & Safety Code Sections 34328 and 34328.1
6. Eleventh Implementation Agreement (A-5078) to Affordable Housing Agreement with Homes for Families deletes in its entirety the Tenth Schedule of Performance and replaces it.
7. Twelfth Implementation Agreement to Affordable Housing Agreement with Homes for Families (A -5078) revises the definition of “Affordable Housing Cost” and “Restricted Resale Price”.
8. Thirteenth Implementation Agreement to Affordable Housing Agreement with Homes for Families (A-5078) the Eleventh Schedule of Performance is deleted in its entirety and is replaced with the Twelfth Schedule of Performance attached to the Thirteenth Implementation Agreement.
9. Agreement with Nash Construction (A-8565) for ongoing general contractor and minor construction services.
10. Agreement (A -9120) with LINC for 4 th St. Palmdale, LP for pre-development of affordable rental housing units.
11. Agreement (A-9121) with LINC for the 4th St. Palmdale, LP, an Exclusive Negotiating Agreement for the development of affordable rental housing units.
12. Agreement (A-8908) an Affordable Housing Agreement with Advancing Communities Together for the property to construct an affordable housing duplex.
13. Agreement (A-9008) with Home Based Realty, Angela Allen to list for 38553 4th St for sale for as Agreement (A-9008), to list 4th St for sale for low-income housing.
14. First Amendment to Agreement (A -7571) with Fraizer Capital Valuation, Inc. to extend the agreement for an additional one -year term, leaving the second option for one additional year available.
15. Agreement (A-9242) an Affordable Housing Agreement with Victory Outreach to lease property located at 513 East Avenue Q4 for the rehabilitation of four rental housing units that will be affordable for Very Low -Income households at risk of homelessness.
16. Agreement with Good Guard Security Inc. (A-9189) for security services at the Housing Authority facilities.
17. Agreement with Absolute International Security (A-8811) for security services at the Housing Authority facilities.
18. Agreements under the Veterans Purchase Assistance Loan Program (VPAL):
a. (A-9182) Lot #45
b. (A-9183) Lot #39
c. (A-9142) Lot #46
d. (A-9218) Lot #30
e. (A-8636) Lot #44
f. (A-8459) Lot #37
2024-2025 Annual Report
Pursuant to Health & Safety Code Sections 34328 and 34328.1 g. (A-8715) Lot #36
h. (A-8984) Lot #28
i. (A-8674) Lot #43
j. (A-8713) Lot #26
k. (A-8714) Lot #35
l. (A-8793) Lot #25
m. (A-9220) Lot #38
n. (A-9377) Lot #47
o. (A-9378) Lot #48
p. (A-9376) Lot #40
q. (A-7948) Lot #41
r. (A-7791) Lot #42
s. (A-8982) Lot #27
III. OTHER REQUIRED INFORMATION
The Housing Authority, in its capacity as the housing successor to the former Redevelopment Agency, is also required to conduct an independent financial audit for the previous fiscal year and to prepare a report on its housing activities as specified in Health and Safety Code Section 34176.1(f). The audit , report, and the Housing Authority budget will be presented to the Housing Authority Board under separate cover.
The Housing Authority recommends legislation to address the State of California Department of Finance’s refusal to use Redevelopment Property Tax Trust Funds (RPTTF) to pay Housing Authority administrative costs relating to the transferred housing assets and obligations of former Redevelopment Agencies.
In addition, the Housing Authority recommends legislation to address the impacts of “Accessory Dwelling Units” by right (SB1069) on sewer infrastructure, traffic, and parking in residential zones, as an unfunded mandate.
1 MINUTES
CITY COUNCIL/SA/HA/IDA/PAA/PCA/PFA
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
JUNE 17, 2025
5:00 PM
1) CALL MEETING TO ORDER
Mayor Loa called the meeting to order at 5:00 pm.
Note: All City Council memberships are reflected in their City Council titles.
2) ROLL CALL MAYOR LOA, MAYOR PRO TEM BETTENCOURT,
COUNCILMEMBERS BISHOP, OHLSEN, ALARCÓN COMMISSIONERS FRAGA-
SAENZ, BETTS
PRESENT: Richard J. Loa, Laura Bettencourt, Austin Bishop, Eric Ohlsen, Andrea Alarcón, Christina Fraga-Saenz, Dianne Betts.
ABSENT: None.
3) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
Mayor Pro Tem Bettencourt led the pledge of allegiance. Mayor Loa announced the meeting would be adjourned in memory of Ryan Tortolano.
4) PRESENTATIONS
4.1) iSERVE Youth Leadership Academy 2025.
Supervising Coordinator Morales provided a PowerPoint presentation to the Council.
The Council thanked the participants for their leadership and for serving in the program.
5) PUBLIC COMMENTS
Bo Okoroji and Jason Jaffe of Steerpoint Capital spoke regarding the Antelope Valley Mall Operating Covenant Agreement (Item 7.6).
Councilmember Alarcón pulled items 7.6 and 7.7 for discussion.
2 6) JOINT CONSENT CALENDAR CC/HA
6.1) Approve the minutes from the previous meetings.
Motion: Approve all items listed on the Consent Calendar. Moved by Andrea Alarcón, seconded by Christina Fraga-Saenz.
Vote: Motion carried (7-0)
Yes: Richard J. Loa, Laura Bettencourt, Austin Bishop, Eric Ohlsen, Andrea Alarcón, Christina Fraga-Saenz, Dianne Betts.
7) CONSENT CALENDAR
7.1) 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).
7.2) Receive and file the Annual Report on Development Impact Fees for the Fiscal Year Ended June 30, 2024, and adopt findings to commit funds held in the Littlerock Drainage Fee Fund, Fire Facilities Fund, and Sewer Upgrade Fee Fund.
7.3) Adopt Resolution No. CC 2025-044, a Resolution of the City Council of the City of Palmdale establishing an appropriations limit for Fiscal Year 2025-26 pursuant to Article XIII B of the California Constitution and repeal Resolution No. CC 2024-053.
7.4) Adopt Resolution No. CC 2025-045, a Resolution of the City Council of the City of Palmdale designating by title and name those officials who are authorized to sign checks and warrants, and repeal Resolution No. CC 2025- 003, and Adopt Resolution No. SA 2025 -002, a Resolution of the Successor Agency to the Community Redevelopment Agency of the City of Palmdale designating by title and name those officials who are authorized to sign checks and warrants, and repeal Resolution No. SA 2025-001.
7.5) Approve Purchase Order 20260000 with Amazon Capital Services, Inc., DBA Amazon Business, in an amount not to exceed $268,000 for FY 2025-26.
7.6) Approve Operating Covenant Agreement with Antelope Valley Shop, LLC., to create a partnership for revitalization, security, and operational costs associated with the Antelope Valley Mall.
Director of Economic and Community Development Taggart provided a brief overview of this item.
Councilmember Alarcón inquired about the substance of the operating covenant agreement, payments, and the term of the contract. Ken Hira, President of Kosmont Companies, provided clarification and discussed the details of the agreement. Jeff Jaffe and Bo Okoroji, representing Steerpoint Capital, discussed 3 the costs associated with securing an entertainment tenant within the proposed development. Discussion ensued regarding local hire, payments before the issuance of the certificate of occupancy, security upgrades, a substation for local law enforcement, renovations, and verified tenant operations.
Motion: Approve Operating Covenant Agreement with Antelope Valley Shop, LLC., to create a partnership for revitalization, security, and operational costs associated with the Antelope Valley Mall, with proposed amendments stated below.
Moved by Andrea Alarcón, seconded by Eric Ohlsen.
2.1 Security Upgrades. Owner agrees that it shall take the following actions to enhance security at the Property: (i) upgrade the existing security camera systems (the extent of such upgrade shall be determined by Owner in its commercially reasonable judgement), (ii) provide, in a location to be determined by Owner, space within the Mall for a local law enforcement substation at no cost; Owner shall perform any improvements or alterations in connection therewith; and (iii) increased security hours which Landlord may change from time to time as reasonably determined by Owner. Nothing herein shall be interpreted to require the City’s approval of or restrict Owner’s discretion to make future decisions regarding security staffing, hours, systems, or any other operations at the Property which shall be made at Owner’s sole discretion and in accordance with Owner’s commercially reasonable judgment.
3.2.4 Operating Covenant Payment 1: $2,000,000. Ninety (90) days after the issuance of the Tenant Certificate of Occupancy.
4.113 Jurisdiction and Venue. Any legal action or proceeding concerning this Covenant Agreement shall be filed and prosecuted in the appropriate California state court in the County of Los Angeles, California.
Vote: Motion carried (5-0)
Yes: Richard J. Loa, Laura Bettencourt, Austin Bishop, Eric Ohlsen, Andrea Alarcón.
7.7) Approve Down-Payment Assistance Program.
Director of Housing Reyes presented the staff report.
Councilmember Alarcón requested more information on the application process, funding, and marketing. Director of Housing Reyes provided information on the application and selection process, funding guidelines, and additional funding from Housing and Community Development (HCD). The Council and staff further discussed the program guidelines.
4 Motion: Approve Down-Payment Assistance Program.
Moved by Austin Bishop, seconded by Eric Ohlsen.
Vote: Motion carried (5-0)
Yes: Richard J. Loa, Laura Bettencourt, Austin Bishop, Eric Ohlsen, Andrea Alarcón.
7.8) Accept Notice of Completion (NOC) for Public Drainage Improvements for Sierra Highway Storage located at 37550 Sierra Highway.
7.9) Approve agreement with Psomas for design services for PN 906, Avenue T Street Improvement Project, for a total not to exceed amount of $801,141 for a term of 18 months from the date of the Notice to Proceed.
7.10) Accept Notice of Completion (NOC) for PN 741, East Avenue S -8 and 40th Street East Roundabout Project.
7.11) Accept Notice of Completion (NOC) for PN 780, Avenue Q-12 Sidewalk Gap Closure Project.
Motion: Approve all items listed on the Consent Calendar with the exception of Items
7.6 and 7.7.
Moved by Austin Bishop, seconded by Andrea Alarcón.
Vote: Motion carried (5-0)
Yes: Richard J. Loa, Laura Bettencourt, Austin Bishop, Eric Ohlsen, Andrea Alarcón.
8) JOINT PUBLIC HEARING CC/SA/HA/IDA/PAA/PCA/PFA
8.1) Adopt Joint Resolution of the City Council of the City of Palmdale No. CC 2025- 046, Successor Agency to the Community Redevelopment Agency of the City of Palmdale No. SA 2025 -003, Palmdale Civic Authority No. PCA 2025- 001, Housing Authority of the City of Palmdale No. HA 2025 -002, Industrial Development Authority No. IDA 2025-001, Palmdale Airport Authority No. PAA 2025-001, Palmdale Financing Authority No. PFA 2025-001, collectively the approving Legislative Bodies (ALB) adopting the City of Palmdale’s Annual Budget for Fiscal Year 2025-26, and approving revenue and expenditure adjustments to Fiscal Year 2024-25; Adopt Resolution No. CC 2025 -047, a Resolution of the City Council of the City of Palmdale amending the City’s Classification and Pay Plan for general positions; Adopt Resolution No. CC 2025-048, a Resolution of the City Council of the City of Palmdale amending the City’s Classification and Pay Plan for bargaining unit positions; Adopt Resolution No. CC 2025-049, a Resolution of the City Council of the City of Palmdale amending the City’s Classification and Pay Plan for Parks and Recreation Unbenefited positions; and Adopt Resolution No. CC 2025 -050, a Resolution of the City Council of the City of Palmdale amending the City’s Classification and Pay Plan for Y-Rated positions.
5 Mayor Loa opened the Public Hearing.
City Clerk Scott read the titles of the Joint Resolution CC 2025-046, SA 2025- 003, PCA 2025-001, HA 2025-001, IDA 2025-001, PAA 2025-001, PFA 2025- 001, CC 2025-047, CC 2025-048, CC 2025-049, CC 2025-050, and CC 2025- 050.
Director of Operations Samson presented a PowerPoint on the budget.
Mayor Pro Tem Bettencourt inquired about the items being adopted jointly and sought clarification on their relationship. Director of Operations Samson explained how the joint items are connected and the rationale for their coordinated adoption. Acting City Attorney Halfman provided further clarification as to why the items were combined.
Jason Zink provided public input.
Mayor Loa closed the Public Hearing.
Councilmember Alarcón inquired about the projected allocations for Measure s AV and PD. Director of Operations Samson gave an oral presentation detailing the projected allocation for Measure PD. There was further discussion among Council and staff regarding future budget adjustments , a public survey, and a Capital Improvement Plan.
Motion: Adopt Resolution No. CC 2025-046, SA 2025-003, PCA 2025-001, IDA 2025-001, PAA 2025-001, PFA 2025-001, CC 2025-047, CC 2025-048, CC 2025-049, CC 2025-050
Moved by Austin Bishop, seconded by Eric Ohlsen.
Vote: Motion carried (5-0)
Yes: Richard J. Loa, Laura Bettencourt, Austin Bishop, Eric Ohlsen, Andrea Alarcón.
Motion: Adopt Resolution No. HA 2025-002
Moved by Christina Fraga-Saenz, seconded by Dianne Betts.
Vote: Motion carried (6-1)
Yes: Richard J. Loa, Austin Bishop, Eric Ohlsen, Andrea Alarcón, Christina Fraga-Saenz, Dianne Betts.
No: Laura Bettencourt.
The Housing Authority adjourned at 6:59 pm.
9) PUBLIC HEARING
9.1) Adopt Resolution No. CC 2025-043, a Resolution of the City Council of the City of Palmdale restating in its entirety the City of Palmdale Master Schedule 6 of Fees and Penalties and repealing all prior enactments inconsistent with this Resolution.
City Clerk Scott read the title of Resolution No. CC 2025-043.
Mayor Loa opened the Public Hearing.
Director of Operations Samson presented the staff report.
The following individuals provided public input: Jason Zink spoke about the increase in fees, funding projects, and historical preservation, and Rich Gallego commented on the increase in City fees and the State gas tax.
Mayor Pro Tem Bettencourt mentioned that she sent a letter of protest regarding the State gas tax.
Mayor Loa closed the Public Hearing.
Councilmember Alarcón requested that staff provide information regarding the fees associated with Parks and Recreation programs. In response, Deputy Director Dombrowski presented the proposed fee adjustments, noting that the increases are aligned with the current Consumer Price Index (CPI) as well as comparable rates charged by similar operators and venues. Deputy Director Dombrowski also highlighted the availability of scholarship programs and discounts.
Mayor Pro Tem Bettencourt inquired if the scholarship applied to non -profits desiring to rent a Parks and Recreation facility. Deputy Director Dombrowski stated that there is a discount that can be applied to non-profit organizations, and it is part of the fee schedule
Councilmember Ohlsen discussed the City fees and requested an analysis of the fee schedule. City Manager Pro Tem Mendez stated that a Request for Proposal (RFP) would be released to do an analysis of the fee schedule.
Staff and Council further discussed the increase in the cost of services, regional fee evaluation, supplementing fees with Measure PD and AV, assessment of fees charged to residents vs. non-residents, and implementing discounts for veterans.
Mayor Loa closed the Public Hearing.
Motion: Adopt Resolution No. CC 2025 -043, a Resolution of the City Council of the City of Palmdale restating in its entirety the City of Palmdale Master Schedule of Fees and Penalties and repealing all prior enactments inconsistent with this Resolution.
Moved by Austin Bishop, seconded by Laura Bettencourt.
Vote: Motion carried (5-0)
7 Yes: Richard J. Loa, Laura Bettencourt, Austin Bishop, Eric Ohlsen, Andrea Alarcón.
10) CITY MANAGER’S REPORT
City Manager Pro Tem Mendez provided an update on several upcoming events, including: Juneteenth Event in Poncitlan Square on June 19, Season of Service event on Avenue S and 70th Street East on June 21, High Desert Beer & Wine Festival on June 21 at the Palmdale Amphitheater, Book and Barks at the Library on June 24, District 5 Neighborhood Watch event at McAdam Park on June 25, Movie Night at the Palmdale Amphitheater on June 27, and July 4 events at Domenic Massari and Marie Kerr Park.
11) SHERIFF’S REPORT
Captain Bardon provided an update on response times for routine calls, service calls, update on the use of the virtual deputy application, the Public Safety partnership, Part 1 crimes, arrests, graffiti -related arrests, collisions, traffic citations, fatal collisions, speed enforcement, and July 4th illegal fireworks enforcement.
The Council commended the Sheriff’s Department for its exemplary performance during the recent protests and encouraged Captain Bardon to maintain efforts in traffic speed enforcement.
12) NON-AGENDA PUBLIC COMMENTS:
The following individuals provided public input: Monica Dopson spoke about the mayoral rotational system, in support of an elected mayor, and advocated for offering City discounts to teachers, veterans, and police officers; Rich Gallego commended Councilmember Alarcón for showing her fiduciary duty and discussed and an elected mayor for Palmdale; Jason Zink provided comments on an at-large mayor, City budget, and supporting small business owners; Andrew Dumas raised concerns about the enforcement of illegal firework activity at the aqueduct and 60th Street West; Roger Soderstedt spoke in favor of maintaining a rotational mayor process and expressed support the approval of Item 7.6; and Marsha Furman mentioned she was excited about receiving a sidewalk in her area and announced the Breast Cancer Walk would be held on October 25.
13) COUNCIL REPORTS, ANNOUNCEMENTS AND REQUESTS FOR FUTURE
AGENDA ITEMS
Councilmember Ohlsen discussed an opinion piece he wrote on the importance of high-speed rail in association with the City of Palmdale. He asked the Council to agree to submit a letter of support to the California High -Speed Rail Authority to let them know the City of Palmdale stands with them. There was Council consensus. He reminded the Council that a subcommittee was formed to deal with the issues of the Auto Mall zoning.
8 Mayor Pro Tem Bettencourt shared remarks about her recent vacation to the Grand Canyon.
Councilmember Alarcón announced the upcoming District 5 Neighborhood Watch event, scheduled to be held at McAdam Park on June 25. She also highlighted budget allocations designated for improvements to McAdam Park.
Councilmember Bishop commented on the projects included in the current budget and spoke about fostering community pride and continued investment in the city.
14) ADJOURNMENT
Mayor Loa adjourned the meeting at 7:55 pm, in honor of Ryan Tortolano, to July 1, 2025, at 5:00 p.m. in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.
PASSED, APPROVED, and ADOPTED this 2nd day of September 2025
_____________________________
Laura Bettencourt,
Mayor Pro Tem
ATTEST:
_____________________________
Rochelle Scott, City Clerk
City Council Staff Report
DATE: SEPTEMBER 2, 2025
TO: HONORABLE MAYOR PRO TEM AND CITY COUNCIL
FROM: OPERATIONS DEPARTMENT
FINANCE DIVISION
DISTRICT: ALL
SUBJECT: RECEIVE AND FILE THE MONTHLY INVESTMENT ACTIVITY REPORTS FOR JULY 2025
RECOMMENDATION
Staff recommend that the City Council:
1. Receive and file the July 2025 monthly investment activity reports 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 Facilities 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 poole d 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 Pro Tem and City Council
Re: Monthly Investment Reports
September 2, 2025
DISCUSSION
Compliance with Investment Policy
For July, the City’s invested portfolio totaled $315,916,723, a decrease of $5,366,230 from the previous month and a decrease of $17,467,848 compared to the prior year.
The monthly decrease was due to the maturity of Government Agency Paper and a withdrawal from the Local Agency Investment Fund to the general fund to cover operational costs.
The p ar value of the Successor Agency’s portfolio a s of July was $12,113,285. The balance increased by $47,688 from the prior month due to interest earned 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 t he 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, the 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 July was $106,623,145, a decrease of $3,782,073 due to a withdrawal in the current month.
The Successor Agency’s LAIF balance at the end of July was $3,942,545, an increase of $42,726 from the prior month, due to interest earned.
The City’s CAMP balance at the end of July was $53,145,462 compared to $52,947,078, in June. The increase is due to interest earned.
Report to Mayor Pro Tem and City Council
Re: Monthly Investment Reports
September 2, 2025
The interest rates presented are the most current rates available as of the date of this report. As of July 30, 2025, the interest rates for LAIF and CAMP investments were
4.258 percent and 4.41 percent, respectively. By comparison, the LAIF and CAMP interest rates at the end of June were 4.269 percent and 4.40 percent. This time last year, LAIF and CAMP rates were at 4.516 percent and 5.43, respectively.
The chart above shows the LAIF and CAMP average monthly yields from October 2024 through July 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 July 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.
4.52% 4.48% 4.43% 4.37% 4.33% 4.31% 4.28% 4.27% 4.27% 4.26%
5.03%
4.87%
4.73%
4.55% 4.51% 4.47% 4.45% 4.42% 4.40% 4.41%
3.80%
4.00%
4.20%
4.40%
4.60%
4.80%
5.00%
5.20%
Oct Nov Q2 Dec Jan Feb Q3 Mar Apr May Q4 Jun July
Pooled Investments Monthly Yields
LAIF CAMP
Report to Mayor Pro Tem and City Council
Re: Monthly Investment Reports
September 2, 2025
Attached are summaries of the investments in the City and Successor Agency’s books as of July 31, 2025.
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, City Attorney
ATTACHMENTS
Rpt. Monthly Investment Reports July 2025
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
JULY 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 2,976,600.00 05-11-21 02-28-26 CITY 9128286F2 U.S. Treasury Note 0.66 3,000,000.00 3,261,331.50 2,966,940.00 07-12-21 12-31-25 CITY 9128285T3 U.S. Treasury Note 2.63 5,000,000.00 5,451,958.35 4,961,000.00 03-08-23 03-31-26 CITY 9128286L9 U.S. Treasury Note 2.25 3,200,000.00 3,029,330.80 3,156,832.00 01-03-24 12-31-26 CITY 912828YX2 U.S. Treasury Note 0.04 5,000,000.00 4,696,880.23 4,848,850.00 01-03-24 06-30-27 CITY 91282CEW7 U.S. Treasury Note 0.04 5,000,000.00 4,897,630.28 4,954,900.00 01-03-24 09-30-27 CITY 91282CFM8 U.S. Treasury Note 0.04 2,500,000.00 2,523,771.66 2,522,450.00 01-08-24 02-15-26 CITY 91282CGL9 U.S. Treasury Note 0.04 5,000,000.00 4,987,205.23 4,993,400.00 01-08-24 06-15-26 CITY 91282CHH7 U.S. Treasury Note 0.04 5,000,000.00 5,001,760.94 5,006,000.00 12-18-24 09-30-29 CITY 91282CFL0 U.S. Treasury Note 0.39 5,000,000.00 4,977,094.45 5,022,250.00 12-18-24 10-31-29 CITY 91282CFT3 U.S. Treasury Note 0.40 5,000,000.00 4,988,321.47 5,047,050.00 12-18-24 11-30-29 CITY 91282CFY2 U.S. Treasury Note 0.39 5,000,000.00 4,942,086.29 5,021,300.00 01-02-25 12-31-29 CITY 91282CGB1 U.S. Treasury Note 0.39 3,000,000.00 2,949,835.02 3,012,300.00 TOTAL U.S. TREASURY SECURITIES 54,700,000.00$ 54,967,840.58$ 54,489,872.00$
GOVERNMENT AGENCY PAPER
05-11-21 09-04-25 CITY 3133EJYM5 Federal Farm Credit 0.59 1,000,000.00 1,103,275.25 997,370.00 05-11-21 09-04-25 CITY 3133EJYM5 Federal Farm Credit 0.57 2,000,000.00 2,208,460.00 1,994,740.00 06-04-21 11-07-25 CITY 3135G06G3 Fannie Mae 0.55 3,000,000.00 2,993,675.25 2,960,070.00 06-30-21 12-30-25 CITY 3130AMRQ7 Federal Home Loan Note 0.88 3,000,000.00 3,000,000.00 2,949,049.86 07-29-21 04-29-26 CITY 3130AN5C0 Federal Home Loan Note 1.05 4,000,000.00 4,010,455.13 3,899,120.00 12-17-21 11-12-25 CITY 3134GXBM5 Federal Home Loan Note 1.15 1,150,000.00 1,125,785.50 1,134,187.50 12-20-21 09-24-25 CITY 3134GWUG9 Freddie Mac 0.57 10,000,000.00 9,806,600.00 9,910,247.80 12-21-21 12-22-26 CITY 3133ENJC5 Federal Farm Credit 1.29 5,000,000.00 5,000,000.00 4,814,666.55 06-29-22 08-12-25 CITY 3133EL3P7 Federal Farm Credit 3.34 1,810,000.00 1,660,349.20 1,801,730.69 06-24-22 02-26-27 CITY 3130AL5A8 Federal Home Loan Note 3.33 5,000,000.00 4,479,000.00 4,758,477.85 08-17-22 10-27-26 CITY 3134GW4C7 Freddie Mac 0.80 5,000,000.00 4,539,500.00 4,800,207.95 01-06-23 02-25-27 CITY 3130AQRH8 Federal Home Loan Note 4.38 5,000,000.00 4,590,638.89 4,843,987.40 01-06-23 04-19-27 CITY 3130ARHJ3 Federal Home Loan Note 4.38 5,000,000.00 4,801,354.86 4,925,508.20 06-05-23 05-30-28 CITY 3133EPLE3 Federal Farm Credit 4.67 2,815,000.00 2,822,746.50 2,809,538.90 05-03-24 05-01-28 CITY 3133ERCX7 Federal Farm Credit 5.17 5,000,000.00 5,000,000.00 5,022,317.60 08-08-24 08-14-29 CITY 3134HADY6 Freddie Mac Domestic 4.00 4,000,000.00 3,946,000.00 3,971,348.28 12-03-24 12-04-29 CITY 3130B3XP3 Federal Home Loan 4.50 1,000,000.00 1,000,000.00 998,973.31 12-04-24 12-02-27 CITY 3133ERE23 Federal Farm Credit 4.32 1,000,000.00 1,000,000.00 1,003,072.14 01-27-25 07-27-27 CITY 3130B4RC7 Federal Home Loan Bank 4.50 3,000,000.00 3,000,000.00 3,019,381.53 01-28-25 07-21-27 CITY 3130B4QA27 Federal Home Loan Bank 4.55 3,000,000.00 3,000,000.00 3,003,732.24 06-13-25 04-30-29 CITY 3133ETFB8 Federal Farm Credit Bank 4.75 5,000,000.00 5,000,000.00 4,994,266.50 06-13-25 10-30-28 CITY 3130B62E5 Federal Home Loan Bank 4.25 3,000,000.00 3,000,000.00 3,000,982.74 06-27-25 04-30-29 CITY 3136GAGW3 Fannie Mae 4.75 5,000,000.00 5,000,000.00 4,993,056.90 06-27-25 05-14-29 CITY 3133ETGK7 Federal Farm Credit Bank 4.73 5,000,000.00 5,000,000.00 4,994,822.90 07-07-25 07-07-28 CITY 3134HBWS6 Freddie Mac Domestic 4.00 2,000,000.00 1,995,000.00 1,995,000.00 TOTAL GOVERNMENT AGENCY PAPER 90,775,000.00$ 89,082,840.58$ 89,595,856.84$
CITY OF PALMDALE INVESTMENTS
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
JULY 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 4.03 240,000.00 243,434.40 241,276.80 01-04-24 11-30-27 CITY 46656MVH1 JPMorgan Chase Bank 4.76 240,000.00 242,022.91 240,544.80 01-04-24 12-28-28 CITY 09582YAV4 Blue Ridge Bank 4.09 240,000.00 240,948.00 241,135.20 06-11-24 06-12-28 CITY 59541KCV7 Mid-Missouri Bank 5.15 245,000.00 245,034.57 245,390.14 06-11-24 06-11-26 CITY 38150VUZ0 Goldman Sachs Bank 5.05 245,000.00 245,033.90 247,179.52 06-13-24 06-13-29 CITY 89235MPP0 Toyota Financial SGS 4.65 245,000.00 245,000.00 250,250.86 06-14-24 06-15-26 CITY 34520LBC6 Forbright Bank 5.05 245,000.00 245,000.00 247,279.55 06-14-24 06-14-28 CITY 307811KA6 Farmers & Merchs Bank 5.00 245,000.00 245,000.00 246,517.02 06-17-24 06-17-26 CITY 8562855V9 State Bank of India 5.10 245,000.00 245,000.00 247,345.31 06-18-24 06-18-29 CITY 229083AA8 Evangeline Bank & Trust 5.30 245,000.00 245,000.00 245,115.79 06-20-24 06-22-26 CITY 06051XER9 Bank of America NA 5.05 245,000.00 245,000.00 247,339.38 06-21-24 06-22-26 CITY 35634MAE1 Freedom Bank/Maywood NJ 5.05 245,000.00 245,000.00 247,339.60 TOTAL CERTIFICATES OF DEPOSIT 2,925,000.00$ 2,931,473.78$ 2,946,713.97$ 05-17-23 03-01-26 CITY 30231GAT9 Exxon Mobile Corporation 3.04 1,000,000.00 982,084.11 992,306.58 05-17-23 03-02-26 CITY 194162AQ6 Colgate-Palmolive 4.80 1,000,000.00 1,035,553.33 1,004,192.41 05-17-23 01-26-26 CITY 742718FY0 Procter & Gamble 4.10 1,000,000.00 1,018,471.67 998,946.40 01-04-24 07-27-26 CITY 61761J3R8 Morgan Stanley 4.70 500,000.00 481,185.25 493,730.00 01-04-24 06-15-26 CITY 46625HRS1 JPMorgan Chase & CO 4.52 500,000.00 484,840.25 495,185.00 01-04-24 03-02-28 CITY 718172CE7 Philip Morris Intl Inc 4.49 500,000.00 474,395.25 487,000.00 01-04-24 04-01-27 CITY 808513BW4 Charles Schaw Corp 4.68 500,000.00 479,390.25 492,985.00 01-09-24 06-02-26 CITY 11271LAA0 Brookfield Fin Inc 5.13 500,000.00 490,115.25 498,735.00 01-09-24 11-28-28 CITY 05565QDH8 BP Capital Markets PLC 4.48 500,000.00 483,460.25 491,630.00 01-09-24 01-28-26 CITY 06406RAQ0 Bank OF NY Mellon Corp 4.52 500,000.00 463,355.25 489,620.00 01-09-24 07-09-27 CITY 22550L2K6 Crdit Suisse New York 4.92 500,000.00 500,910.25 507,650.00 01-09-24 08-15-28 CITY 797440CE2 San Diego G & E 4.49 500,000.00 509,340.25 510,425.00 01-09-24 07-01-27 CITY 75973QAA5 Reneissance Financial 5.01 500,000.00 475,470.25 492,385.00 01-09-24 01-27-26 CITY 780082AD5 Royal Bank of Canada 4.97 500,000.00 496,930.25 499,835.00 08-27-24 02-01-29 CITY 06406RBN6 Bank of NY Mellon Corp 4.20 656,000.00 663,116.29 660,965.92 TOTAL CORPORATE BONDS $9,156,000 $9,038,618 9,115,591.31$
STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND
09-01-84 n/a CITY 98-19-620 0.78 52,629,095.75 52,629,095.75 52,629,095.75 9-19-2024 n/a PFA 40-19-078 36,500,000.00 36,500,000.00 39,744,157.84 9-28-2021 n/a ARPA 19-19-004 0.78 14,249,891.87 14,249,891.87 14,249,891.87 TOTAL LAIF ACCOUNTS 103,378,987.62$ 103,378,987.62$ 106,623,145.46$
CAMP- CALIFORNIA ASSET MANAGEMENT PROGRAM
6080-01 n/a CITY 6080-01 0.30 53,145,462.51 53,145,462.51 53,145,462.51 TOTAL CAMP ACCOUNTS 53,145,462.51$ 53,145,462.51$ 53,145,462.51$
UBS FINANCIAL SERVICES
n/a n/a CITY 0.00 80.69 80.69 80.69
TOTAL UBS FINANCIAL SERVICES ACCOUNTS 80.69$ 80.69$ 80.69$ TOTAL CITY INVESTMENTS 314,080,530.82$ 312,545,303.91$ 315,916,722.78$
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
JULY 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 13,927.62
TOTAL LIBRARY INVESTMENTS 13,927.62$
SIERRA GATEWAY COMMUNITY FACILITIES DISTRICT 91-1
Fiscal Agent: U.S. Bank National Association (fka First Trust) 05-10-95 n/a BOND 95421220 0.35 121.00
05-10-95 n/a IMPROVEMENT 95421222 0.10 175,845.14
TOTAL SIERRA GATEWAY COMMUNITY FACILITIES DISTRICT 91-1 175,966.14$
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 13.95
04-06-95 n/a IMPV-ACQUI 95420884 0.01 2,926,950.15
04-06-95 n/a BOND 95420887 0.15 0.15
TOTAL RITTER RANCH COMMUNITY FACILITIES DISTRICT 93-1 2,926,964.25$
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 0.00 722,962.76
08-01-19 n/a SP TAX - REFNDING BOND 242969004 0.01 15,151.61 TOTAL ANAVERDE COMMUNITY FACILITIES DISTRICT 2003-1 738,188.78$
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 0.01 345,823.55
n/a RESERVE FUND 251009001 0.01 649,107.24
TOTAL 2005 $7.2M COMMUNITY FACILITIES DISTRICT 05-1 (TRADE AND COMMERCE CENTER) REFUNDED 2021994,930.79$
LIBRARY INVESTMENTS
FISCAL AGENT CASH
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
JULY 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 0.01 103,488.60
11-08-06 n/a ADM EXP 106844002 0.01 1,809.46
11-08-06 n/a RESERVE FUND 106844003 0.01 87,421.09
TOTAL 2006-1 GODDE HILL ESTATE SEWER IMPROVEMENTS LOIB 192,719.15$ 2015 HA DEBT SERVICE RESERVE
Fiscal Agent: Bank of America
11-19-15 n/a DEBT SVC RESERVE 1257964992 0.08 40,872.90 TOTAL 2015 HA DEBT SERVICE RESERVE 40,872.90$
PARS RESTRICTED CASH FOR PENSION STABILIZATION TRUST FUND 05-23-18 n/a CITY 104790895775 Public Agency Retirement Services2.60 11,564,969.00 TOTAL PARS PENSION TRUST FUND 11,564,969.00$
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 0.00 125,869.67
09-03-15 n/a INTEREST ACCT 277067001 0.01 6.95
09-03-15 n/a BOND RESERVE 277067003 0.00 281,017.34
09-03-15 n/a REPAIR & REPLACE FUND 277067004 0.00 1,325,919.53 TOTAL 2015 HA $4.3M MULTIFAMILY HOUSING REVENUE BONDS 1,732,813.49$
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
JULY 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 9.21
11-30-23 n/a INTEREST 248041001 505,000.34
11-30-23 n/a PRINCIPAL 248041002 0.51
11-30-23 n/a REVENUE FUND 248041004 13.54
11-30-23 n/a INTEREST 248041007 0.57
11-30-23 n/a REVENUE FUND 248041008 4,800,320.46
TOTAL 2023 A&B SERIES B ACQUISITION & CONSTRUCTION REV BOND 5,305,344.63$ GRAND TOTAL - FISCAL AGENT CASH 23,672,770.45$
Cash on Hand 18,016,833$
Pooled Cash Investments
City: 314,010,743$
Insur Fund: 1,905,980$ 315,916,723$ Library Investments 13,928$
Subtotal 333,947,484$
City/AD/CFD/PCA/PFA/HA
Fiscal Agent Cash 23,672,770$
Grand total 357,620,254$
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 July, 2025
SUMMARY OF CASH AND INVESTMENTS
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
JULY 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$
07-11-25 (5,000,000.00)$
07-15-25 624,492.45$
Subtotal -$ (5,000,000.00)$ 624,492.45$ 52,629,095.75$ LAIF - PFA ACCOUNT 40-19-078
Beginning Balance 39,313,382.47$
07-15-25 430,775.37$
Subtotal -$ -$ 430,775.37$ 39,744,157.84$ LAIF - LIBRARY ACCOUNT 16-19-012
Beginning Balance 13,776.68$
07-15-25 150.94$
Subtotal -$ -$ 150.94$ 13,927.62$ LAIF - ARPA ACCOUNT 19-19-004
Beginning Balance 14,087,232.58$
07-15-25 162,659.29$
Subtotal -$ -$ 162,659.29$ 14,249,891.87$ CAMP
Beginning Balance 52,947,078.02$
07-31-25 198,384.49 $
Subtotal -$ -$ 198,384.49$ 53,145,462.51$ UBS Financial Services
Beginning Balance 288,195.29$
07-31-25 42,447.90 $
07-31-25 (330,562.50)$
Subtotal -$ (330,562.50)$ 42,447.90$ 80.69$ Total -$ (5,330,562.50)$ 1,458,910.44$ 159,782,616.28$
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
JULY 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)
-
3136G4ZP1 Fannie Mae 12-20-21 07-30-25 FP 3,500,000.00$ 11,375.00$ 3,511,375.00$ 3,489,427.31 10,572.69 -$ -
-$ -
3,500,000.00$ 11,375.00$ 3,511,375.00$ 3,489,427.31$ 10,572.69$ Total Number of Transactions:
CITY OF PALMDALE
POOLED CASH - INVESTMENTS MATURED OR CALLED
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
JULY 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 3134HBWS6 Freddie Mac Domestic 07-07-25 07-07-28FP 2,000,000.00$ 5,000.00 1,995,000.00$ -$ 1,995,000.00 4.00 - -
- -
- -
2,000,000.00$ 5,000.00$ 1,995,000.00$ -$ 1,995,000.00$ 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
July 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 3,942,545.58
3,942,545.58$
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 2.54 541,963.88
08-20-02 n/a Interest Acct 94460701 0.04 41,985.03
08-20-02 n/a Principal Acct 94460702 0.04 375.35
TOTAL CRA - 2002 Sub Lien Tax Allocation Bonds $5.3M ($5,329,748.25) 584,324.26$
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 584,330.55$
SUMMARY OF CASH AND INVESTMENTS
Cash on Hand 7,586,408$ 7,581,823.12$
$0
Pooled Cash Investments 3,942,546$ $4,585
7,586,408.12$
Successor Agency Fiscal Agent Cash 584,331$ *
Grand total 12,113,285$
* The interest rate quoted on LAIF and Fiscal Agent/Trustee accounts is the most current rate available.
LAIF interestrates are as of July 31, 2025.
S:\Cash and Investment\Investment\Investment Reports\25-26\01 July 2025\[JUL 2025 Successor Investment Report.xls]JUNE 2025 Monthly
SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
July 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
07-15-25 42,726.58$
Subtotal -$ -$ 42,726.58$ 3,942,545.58$
City Council Staff Report
DATE: SEPTEMBER 2, 2025
TO: HONORABLE MAYOR PRO TEM AND CITY COUNCIL
FROM: OPERATIONS DEPARTMENT
FINANCE DIVISION
DISTRICT: ALL
SUBJECT: ADOPT RESOLUTION NO. CC 202 5-054, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALMDALE TO TRANSFER
UNCLAIMED CHECKS FROM THEIR RESPECTIVE FUNDS TO THE
GENERAL FUND PURSUANT TO CALIFORNIA GOVERNMENT
CODE SECTION 50050-50057
RECOMMENDATION
Staff recommend that the City Council:
1. Adopt Resolution No. CC 2025-054, a Resolution of the City Council of the City of Palmdale to transfer unclaimed checks from their respective funds to the general fund pursuant to California Government Code Section 50050-50057.
BACKGROUND
Section No. 50050-50057 of the California Government Code states that “Except as otherwise provided by law, money, excluding restitution to victims, that is not the property of a local agency that remains unclaimed in its treasury or in the official custody of its officers for three years is the property of the local agency after notice if not claimed or if no verified complaint is filed and served. At any time after the expiration of the three- year period, the treasurer of the local agency may cause a notice to be pub lished once a week for two successive weeks in a newspaper of general circulation published in the local agency. At the expiration of the three -year period, money representing restitution collected on behalf of victims shall be deposited into the Restitution Fund or used by the local agency for purposes of victim services
DISCUSSION
The City Treasurer desires to follow the guidelines set by California Government Code Section 50053. Section No. 50053, which states, “When any such money becomes the property of a local agency and is in a special fund, the legislative body may transfer it to Report to Mayor Pro Tem and City Council
Re: Adopt Reso. No. CC 2025-054
September 2, 2025
the general fund.” The total combined number of unclaimed checks before the three - year period ending June 30, 2025, is $5,502.06.
One vendor came forward and requested a replacement check within the forty-five-day window, bringing the total balance of unclaimed checks to $5,352.06.
FISCAL IMPACT
$5,502.06; This is the total combined number of unclaimed checks before the three- year period ending June 30, 2025. This is the maximum amount that can be transferred to the General Fund.
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: Sal Mendez, City Manager Pro Tem
Approved as to form: Alexandra Halfman, City Attorney
ATTACHMENTS
Reso No. CC 2025-054
Public Notice - List of Unclaimed Checks
CITY COUNCIL
CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2025-054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE
TO TRANSFER UNCLAIME D CHECKS FROM THEIR RESPECTIVE
FUNDS TO THE GENERAL FUND PURSUANT TO CALIFORN IA
GOVERNMENT CODE SECTION 50050-50057.
WHEREAS, the attached list of checks has been outstanding and unclaimed in Special Funds for more than three years.
NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. In accordance with California Government Code Section 50050- 50057, the unclaimed checks on the attached list in the total amount of $5,502.06, shall be transferred from the respective funds to the General Fund’s cash account.
SECTION 2. The City Clerk shall certify to the adoption of this resolution.
Resolution No. CC 2025-054
PASSED, APPROVED and ADOPTED this 2nd day of September 2025.
_________________________________
APPROVED AS TO FORM: Laura Bettencourt, Mayor Pro Tem
ATTEST:
___________________________ _________________________________ Alexandra Halfman Rochelle Scott, City Clerk
City Attorney
I, Rochelle Scott, City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 2nd day of September 2025 by the following roll call vote:
AYES: ___________________________________________________________
NOES:___________________________________________________________
ABSTAIN:______________________ABSENT:___________________________
Date: ___________________________ _____________________________ Rochelle Scott, City Clerk
CITY OF PALMDALE
38300 N. Sierra Highway
Palmdale, CA 93550
Notice is hereby given that the City of Palmdale is holding funds for the following persons. If said funds are not claimed by September 2, 2025, these funds will become the property of the City of Palmdale in accordance with California Government Code Section 50050-52.
The said funds may be released to the depositor, their heir, beneficiary, or duly appointed representative provided a claim form has been completed with the necessary information. The information needed is as follows:
Name, address, telephone number, and social security number (or FEIN).
Amount of claim.
Proof of identity such as a copy of a driver’s license, social security card, or birth certificate.
Grounds on which claim is founded.
The Unclaimed Money Claim Form is available at the City of Palmdale Finance Division, located at 38250 Sierra Hwy, 2nd floor, Palmdale, California.
Persons with funds on deposit for over three (3) years are:
NAME AMOUNT FUND
LIVING PRAISE CHRISTIAN CHURCH $ 500.00 GENERAL AAA GREEN BUILDERS $ 133.16 GENERAL
TRI-STATE HOME IMPROVEMENT INC $ 21.75 GENERAL OLGA GONZALEZ $ 13.00 GENERAL
JASMINE JIMENEZ $ 171.60 GENERAL
KCA GOURMET CATERING $ 210.00 GENERAL
LOS PRIMOS CHURROS $ 150.00 GENERAL
LULU'S TAMALES $ 60.00 GENERAL
LK ARCHITECTURE, INC. $ 70.00 GENERAL
SELECT PORTFOLIO SERVICING $ 10.00 GENERAL TOREY HUGHES $ 64.00 GENERAL
LA COUNTY REGISTRAR-RECORDER $ 20.00 GENERAL CINDY LOAYA MANTILIA $ 70.00 GENERAL
KERRY MONTESDEOCA $ 1,118.81 GENERAL
MISSION CRISTIANA PENTECOSTES $ 2,150.00 GENERAL FIELD $ 415.44 GENERAL
DISCUA, EDMAN A $ 13.27 PAYROLL
FLETCHER, DAVID $ 63.39 PAYROLL
GAY, AALIYAH $ 72.84 PAYROLL
VENTURA, DEVIN $ 29.14 PAYROLL
NEVAREZ, EDUARDO $ 64.25 PAYROLL
ROJAS, RAYMONDO $ 81.41 PAYROLL
City Council Staff Report
DATE: SEPTEMBER 2, 2025
TO: HONORABLE MAYOR PRO TEM AND CITY COUNCIL
FROM: OPERATIONS DEPARTMENT
FINANCE DIVISION
DISTRICT: ALL
SUBJECT: ADOPT RESOLUTION NO. CC 2025 -065, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALMDALE AUTHORIZING THE
EXECUTION AND DELIVERY OF A CUSTODY AGREEMENT
REGARDING FUNDS OF CITY OF PALMDALE COMMUNITY
FACILITIES DISTRICT NO. 93-1 (RITTER RANCH) AND APPROVING
RELATED ACTIONS
RECOMMENDATION
Staff recommend that the City Council:
1. Adopt Resolution No. CC 2025-065, a Resolution of the City Council of the City of Palmdale authorizing the execution and delivery of a Custody Agreement regarding funds of the City of Palmdale Community Facilities Di strict No. 93 -1 (Ritter Ranch) and approving related actions.
BACKGROUND
In connection with the proposed master planned development of an area known as Ritter Ranch (Project), the City formed City of Palmdale Community Facilities District 93 -1 (CFD 93-1) to finance certain public facilities for the Project. The City issued Special Tax Bonds for CFD 93-1 in 1995 (93-1 Bonds) to finance the facilities (Facilities).
The property in CFD 93 -1 and the 93 -1 Bonds were purchased in 2020 by Preston Hollow Capital, LLC (PHC), who later transferred the land to RdR Development Holdings, LLC (RdR), a limited liability company for which PHC is the sole member.
Collectively, PHC and RdR are referred to below as the RdR Parties.
DISCUSSION
In September 2022, the RdR Parties were prepared to proceed with development of the first phase of the Project, expected to include up to 1,180 residential units (Phase 1).
Report to Mayor Pro Tem and City Council
Re: Adopt Reso. No. CC 2025-065
September 2, 2025
They requested, and the City formed, a new community facilities district for the Phase 1 property portion of the Project (CFD 2022 -3) to fund public infrastructure and improvements necessary for the development of the Project. The RdR parties expect to cancel all the outstan ding CFD 93 -1 Bonds prior to proceeding with the issuance of special tax bonds for CFD 2022-3.
There are approximately $2.7 million in proceeds of the 93 -1 Bonds restricted for use on the Facilities. The expenditure of these funds is governed by an Acqui sition Agreement, dated February 1, 1995, as Amended and supplemented by the Supplement No. 1. to Acquisition Agreement ( No. A-4262), dated as of November 1, 2016 (together, the Acquisition Agreement) which provided for the use of bond proceeds for the Facilities and by a Phase 1 Interim Agreement – Ritter Ranch Development (No. A-7796) (Interim Agreement), dated April 20, 2022, for the purpose of allocation existing proceeds of 93- 1 Bonds to complete certain of the Facilities as designated in the Acquisition Agreement.
When the 93 -1 Bonds are cancelled, the Amended and Restated Fiscal Agent Agreement (No. A-4261) under which the 93 -1 Bonds were issued will be terminated.
Provision needs to be made for the existing funds to be held in a custodial account, to be spent on the Facilities as originally intended by the Acquisition Agreement and the Interim Agreement.
A Custody Agreement ( No. A-9489) with U.S. Bank is required for the deposit of the funds. Once the Custody Agreement is executed and the 93 -1 Bonds are cancelled, a Notice of Cessation of Special Tax Lien (Notice of Cessation) with respect to the property in CFD 93-1 will be recorded.
The Resolution presented approves the execution of the Custody Agreement by the recording of the Notice of Cessation.
FISCAL IMPACT
$0; there is no fiscal impact associated with the proposed action. The cost of the preparation of the Custody Agreement and recording of the Notice of Cessation are paid from funds deposited with the City by RdR for this purpose.
STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.
A. Seek innovative, cost-effective, customer-focused methods of service delivery.
C. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programming that promotes active fun for everyone Report to Mayor Pro Tem and City Council
Re: Adopt Reso. No. CC 2025-065
September 2, 2025
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, City Attorney
ATTACHMENTS
Reso No. CC 2025-065
Custody Agreement (A-9489)
Notice of Cessation
32021.00002\44042427.1
CITY OF PALMDALE
COUNTY OF LOS ANGELES, CALIFORNIA
RESOLUTION NO. CC 2025-065
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE
AUTHORIZING THE EXECUTION AND DELIVERY OF A CUSTODY
AGREEMENT REGARDING FUNDS OF CITY OF PALMDALE
COMMUNITY FACILITIES DISTRICT NO. 93 -1 (RITTER RANCH) AND
APPROVING RELATED ACTIONS
WHEREAS, the City Council of the City of Palmdale (the “City”) has conducted proceedings under and pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), to form the City of Palmdale Community Facilities District No. 93-1 (Ritter Ranch)(the “District”); and
WHEREAS, the City Council caused the issuance of 1995 Special Tax Bonds (the “Bonds”) for the purpose of financing public facilities (the “Facilities”); and WHEREAS, the Bonds are owned Preston Hollow Capital, LLC (the “Owner”), and the desire is that the Bonds will be tendered by the Owner and that the lien on the property with respect to the District will be cancelled; and
WHEREAS, there has been entered into a n Acquisition Agreement, dated February 1, 1995, as Amended and supplemented by the Supplement No. 1. To Acquisition Agreement (A-4262), dated as of November 1, 2016 (togeth er, the “Acquisition Agreement”) which provided for the use of bond proceeds for the Facilities and provided the City with the right to complete the facilities if the developer of the property, RDR Development Holdings, LLC (the “Developer”), failed to con struct or complete the Facilities; and
WHEREAS, the City, the Owner and the Developer entered into a Phase 1 Interim Agreement – Ritter Ranch Development (A-7796) (the “Interim Agreement”), dated April 20, 2022, for the purpose of allocating existing proceeds of Bonds to complete certain of the Facilities as designated in the Acquisition Agreement; and WHEREAS, there are funds remaining on deposit under the Amended and Restated Fiscal Agent Agreement (A-4261), dated as of March 1, 2014, and relating to the Bonds (the “Fiscal Agent Agreement”) and a distribution of the such funds shall be governed by the Acquisition Agreement and the Interim Agreement; and WHEREAS, there has been presented to the City Council a Custody Agreement (A-9489), to be entered into between the City, on behalf of the District, and U.S. Bank Trust Company, National Association, for the purpose of depositing any remaining funds relating to the Bonds held under the Fiscal Agent Agreement into a separate account to be utilized to fund the construction of the Facilities; and 32021.00002\44042427.1
Resolution No. CC 2025-065
WHEREAS, it appears that the document which is now before the City Council at this meeting is in appropriate form and is an appropriate document to be executed and delivered for the purpose intended; and
WHEREAS, subject to the tender of the Bonds to the City as described above, the City Council desires to make a determination that the special tax authorized to be levied by the City for CFD 93-1 shall cease to be levied and to direct the recording of a Notice of Cessation of Special Tax Lien (the “Notice of Cessation”) with respect to the property in CFD 93-1; and
WHEREAS, all conditions, things and acts required to exist, to have happened and to have been performed precedent to and as contemplated by this Resolution and the documents referred to herein exist, have happened and have been performed in due time, form and manner as required by the laws of the State of California, including the Act.
NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. Findings. The City Council that the recitals stated above are true and correct.
SECTION 2. Approval of Custody Agreement. The City Council hereby approves the Custody Agreement (A-9489) in the form presented at this meeting. The Mayor, the City Manager Pro Tem and the Director of Operations (each, a “Designated Officer”), each acting alone, are hereby authorized to execute the Custody Agreement, for and in the name and on behalf of the City and the District, in such form, together with any additions thereto or changes therein deemed necessary or advisable by the Designated Officer executing the Custody Agreement upon consultation with the City Attorney and Bond Counsel. The proceeds of the Bonds shall be applied by the City for the purposes and in the amounts as set forth in the Custody Agreement, Acquisition Agreement and Interim Agreement.
SECTION 3. Actions for CFD 93 -1. The City Council, in its capacity as the legislative body for CFD 93 -1, hereby determines that , upon the tender of all of the outstanding Bonds to the fiscal agent of the Bonds or the Director of Operations of the City for cancellation without further payment of debt service on the Bonds, the special tax authorized to be levied by the City for CFD 93-1 shall cease to be levied on property in CFD 93-1. The City Council hereby approves the form of Notice of Cessation attached as Exhibit A to this Resolution, and hereby authorizes and directs the City Clerk to record the Notice of Cessation in such form in the Los Angeles County Recorder’s Office following such tender of the Bonds to the City.
SECTION 4. Official Actions . All actions heretofore taken by the officers and agents of the City with respect to the Bonds are hereby approved, confirmed and ratified, and the proper officers of the City are hereby authorized and directed to do any and all things and take any and all actions and execute any and all certificates, agreements and 32021.00002\44042427.1
Resolution No. CC 2025-065
other documents, which they, or any of them, may deem necessary or advisable in order to consummate the actions approved by this Resolution, and any certificate, agreement, and other document described in the documents herein approved.
SECTION 5. This Resolution shall take effect upon its adoption.
PASSED, APPROVED and ADOPTED this 2nd day of September, 2025. ________________________________
Laura Bettencourt
Mayor Pro Tem
APPROVED AS TO FORM:
______________________________
Alexandra Halfman,
City Attorney
ATTEST:
______________________________
Rochelle Scott,
City Clerk
I, Rochelle Scott, City Clerk of Palmdale, California, do hereby certify that the foregoing Resolution No. CC 2025-065 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 2nd day of September, 2025 by the following roll call vote:
AYES:
NOES:
ABSTAIN: ABSENT:
Date: __________________________
Rochelle Scott, City Clerk
32021.00002\44042427.1
Resolution No. CC 2025-065
EXHIBIT A
NOTICE OF CESSATION OF SPECIAL TAX
RECORDING REQUESTED BY
THE CITY OF PALMDALE
WHEN RECORDED MAIL TO:
CITY OF PALMDALE
OFFICE OF THE CITY CLERK
38300 SIERRA HIGHWAY, SUITE C
PALMDALE, CA 93550
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
THIS DOCUMENT IS EXEMPT FROM DOCUMENTARY TRANSFER TAX
PURSUANT TO SECTION 11922 OF THE REVENUE & TAXATION CODE.
THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTION 27383 OF THE GOVERNMENT CODE.
TITLE(S)
NOTICE OF CESSATION OF SPECIAL TAX
32021.00002\44042427.1
Resolution No. CC 2025-065
RECORDING REQUESTED BY:
City Clerk, City of Palmdale
38300 Sierra Highway Suite C
Palmdale, California 93550
WHEN RECORDED RETURN TO:
RdR Development Holdings, LLC
2121 North Pearl Street, Suite 600
Dallas, Texas 75201
Attention: General Counsel
______________________________________________________________________
NOTICE OF CESSATION OF SPECIAL TAX
CITY OF PALMDALE
COMMUNITY FACILITIES DISTRICT NO. 93-1
(RITTER RANCH)
1. The City of Palmdale (the “City”), County of Los Angeles, State of California, with respect to the City of Palmdale Community Facilities District No. 93-1 (Ritter Ranch) (the “District”), hereby gives notice that:
2. On September 2, 2025, the City Council of the City, acting as the legislative body of the District, adopted a resolution determining that special taxes shall cease to be levied for the District on the property in the District, which property consists of the Los Angeles County Assessor’s Parcels identified in Attachment A hereto (collectively, the “District Parcels”) and directed the City Clerk to record this Notice of Cessation of Special Tax in the Office of the Los Angeles County Recorder.
3. The obligation of the District Parcels to pay the special taxes authorized to be levied on property in the District has ceased and the lien imposed by the Amended and Restated Notice of Special Tax Lien recorded on March 27, 2014 as document no. 20140311807 in the records of the County Recorder of Los Angeles County, State of California, as amended by the First Amendment to Notice of Special Tax Lien recorded on September 21, 2016 as document no. 20161148547 in the records of the County Recorder of Los Angeles County, State of California, is extinguished as to the District Parcels.
4. The map of the boundaries of the District was recorded in Book 179 of Maps of Assessment and Community Facilities Districts at Page 79, in the office of the County Recorder for the County of Los Angeles, State of California.
Dated: ____________________, 2025 By: ________________________ City Clerk,
City of Palmdale
32021.00002\44042427.1
Resolution No. CC 2025-065
ATTACHMENT A
CITY OF PALMDALE
COMMUNITY FACILITIES DISTRICT NO. 93-1
(RITTER RANCH)
LOS ANGELES COUNTY ASSESSOR'S PARCEL NUMBERS AND
OWNER OF LAND OF DISTRICT PARCELS
Los Angeles County
Assessor’s Parcel Nos. Owners of Parcels
3205-002-028 RDR DEVELOPMENT HOLDINGS LLC
3205-002-051 RDR DEVELOPMENT HOLDINGS LLC
3205-002-053 RDR DEVELOPMENT HOLDINGS LLC
3206-005-008 RDR DEVELOPMENT HOLDINGS LLC
3206-006-016 RDR DEVELOPMENT HOLDINGS LLC
3206-006-028 RDR DEVELOPMENT HOLDINGS LLC
3206-007-001 RDR DEVELOPMENT HOLDINGS LLC
3206-007-002 RDR DEVELOPMENT HOLDINGS LLC
3206-008-012 RDR DEVELOPMENT HOLDINGS LLC
3206-009-014 RDR DEVELOPMENT HOLDINGS LLC
3206-010-011 RDR DEVELOPMENT HOLDINGS LLC
3206-016-008 RDR DEVELOPMENT HOLDINGS LLC
3206-017-009 RDR DEVELOPMENT HOLDINGS LLC
3206-018-014 RDR DEVELOPMENT HOLDINGS LLC
3206-018-033 RDR DEVELOPMENT HOLDINGS LLC
3206-020-010 RDR DEVELOPMENT HOLDINGS LLC
3206-020-017 RDR DEVELOPMENT HOLDINGS LLC
3206-021-002 RDR DEVELOPMENT HOLDINGS LLC
3206-021-005 RDR DEVELOPMENT HOLDINGS LLC
3206-022-001 RDR DEVELOPMENT HOLDINGS LLC
3206-025-001 RDR DEVELOPMENT HOLDINGS LLC
3206-025-002 RDR DEVELOPMENT HOLDINGS LLC
3206-026-003 RDR DEVELOPMENT HOLDINGS LLC
3206-026-004 RDR DEVELOPMENT HOLDINGS LLC
3206-026-005 RDR DEVELOPMENT HOLDINGS LLC
3206-026-006 RDR DEVELOPMENT HOLDINGS LLC
3206-026-007 RDR DEVELOPMENT HOLDINGS LLC
3206-026-008 RDR DEVELOPMENT HOLDINGS LLC
3206-026-009 RDR DEVELOPMENT HOLDINGS LLC
3206-026-010 RDR DEVELOPMENT HOLDINGS LLC
3206-027-002 RDR DEVELOPMENT HOLDINGS LLC
32021.00002\44042427.1
Resolution No. CC 2025-065
Los Angeles County
Assessor’s Parcel Nos. Owners of Parcels
3206-027-004 RDR DEVELOPMENT HOLDINGS LLC
3206-027-005 RDR DEVELOPMENT HOLDINGS LLC
3206-027-006 RDR DEVELOPMENT HOLDINGS LLC
3206-027-007 RDR DEVELOPMENT HOLDINGS LLC
3206-027-008 RDR DEVELOPMENT HOLDINGS LLC
3206-027-009 RDR DEVELOPMENT HOLDINGS LLC
3206-027-010 RDR DEVELOPMENT HOLDINGS LLC
3206-027-012 RDR DEVELOPMENT HOLDINGS LLC
3206-027-800 SOUTHERN CALIFORNIA EDISON COMPANY
3206-011-901 STATE OF CALIF
3206-014-900 STATE OF CALIF
3206-015-900 STATE OF CALIF
3216-002-900 STATE OF CALIF
3216-002-901 STATE OF CALIF
3216-002-902 STATE OF CALIF
3216-002-903 STATE OF CALIF
3217-002-901 STATE OF CALIF
3217-002-902 STATE OF CALIF
3206-014-010 STELO INVESTMENTS LLC AND & BRANSON SNIDER LLC
32021.00002\44018441.2
July 2023
CUSTODY AGREEMENT
(A-9489)
This Custody Agreement (A-9489) (the “Agreement”), dated September _____, 2025 is between the City of Palmdale, on behalf of its City of Palmdale Community Facilities District No. 93 -1 (Ritter Ranch) (“Customer”), and U.S. Bank Trust Company, National Association, a national banking association organized under the laws of the United States with offices in Minneapolis, Minnesota (“Bank”).
The parties hereby agree as follows:
SECTION 1
DEFINITIONS
1.1. “Account” means (i) the custody account established in the name of Customer and maintained under this Agreement for the Assets (as defined below) and (ii) where the context requires, one or more Sub -accounts (as defined below).
1.2. “Assets” means the securities, cash, and other property Customer deposits, or causes to be deposited, from time to time under this Agreement; investments and reinvestments thereof; and income thereon, as provided herein.
1.3. “Depository” means any central securities depository (such as The Depository Trust Company (“DTC”), international central securities depository (such as Euroclear Bank SA/NV), or Federal Reserve Bank.
1.4. “Electronic Means” means a portable document format (“pdf”) or other replicating image attached to an unsecured email, facsimile transmission, secure electronic transmission (containing applicable authorization codes, passwords and/or authentication keys issued by Bank), Messaging System, Bank’s on-line portal or another method or system specified by Bank as available for use in connection with its services hereunder.
1.5. “ERISA” means the Employee Retirement Income Security Act of 1974, as amended.
1.6. “Investment Advice” means a recommendation, or a suggestion to engage in or refrain from taking a particular course of action, as to (i) the advisability of acquiring, holding, disposing of, or exchanging any Asset or any securities or other investment property or (ii) the composition of the Account’s portfolio, or the selection of persons to provide investment advice or investment management services with respect to the Assets.
1.7. “Messaging System” means any financial-messaging system, network, or service acceptable to Bank, such as the Society for Worldwide Interbank Financial Telecommunication messaging system.
1.8. “Plan-assets Vehicle” means an investment contract, product, or entity that holds plan assets (as determined pursuant to ERISA Sections 3(42) and 401 and 29 C.F.R. Section 2510.3-101).
1.9. “State” means the State of Minnesota.
1.10. “Statement Recipient” means Customer and anyone else Customer so designates.
1.11. “Sub-account” means a separate portion of the Account.
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SECTION 2
APPOINTMENT AND ACCEPTANCE
2.1. Appointment; Acceptance. Customer appoints Bank to provide custody services in connection with the Assets, and Bank hereby agrees to act in such capacity and perform such services upon the terms and conditions set forth below.
2.2. Establishment of Account.
2.2.1. Customer hereby deposits Assets, or causes Assets to be deposited, with Bank. Bank hereby agrees to hold the Assets in a custody account established in the name of Customer, to be called the Improvement Fund (the “Improvement Fund”) established under the Amended and Restated Fiscal Agent Agreement No. A - 4261 (the “Fiscal Agent Agre ement”), dated as of March 1, 2014, as amended and supplemented from time to time, between the Issuer and U.S. Bank National Association, as fiscal agent , and related subaccounts (the “Account”), upon the terms and conditions set forth in this Agreement. B ank will keep the Assets (other than deposits at Bank) separate and apart from the assets of Bank.
2.2.2. As directed by Customer, Bank will establish one (1) or more Sub -accounts and allocate Assets among Sub-accounts. Customer hereby covenants not to direct Bank to establish any Sub-account for the benefit of any entity having a different tax identification number than Customer and acknowledges that each Sub-Account will have the same tax identification number as Customer.
2.2.3 The Bank will pay from the Account to any person or entity upon the receipt of a certificate signed by an authorized representative of Customer which shall:
(a) be identified as a payment requisition and be sequentially numbered, i.e., “Requisition No. __,” (except that no numbering shall be required if the certificate is a requisition for the full amount of the Account); (b) set forth the amount required to be disbursed, the purpose for which the disbursement is to be made and the person to which the disbursement is to be paid; and (c) certify that no portion of the amount then being requested to be disbursed was set forth in any certificate previously filed with the Bank requesting disbursement, and that the amount being requested is an appropriate disbursement from the Account.
Bank shall be entitled to conclusively rely upon such certificate without inquiry or investigation and shall not be responsible or liable in any respect on account of the identity, authority or rights of the persons executing or delivering or purporting to execute or deliver any such written order on behalf of Customer or responsible for whether or not any payment so directed to be paid is an authorized expense of the Account. All payments shall be made by check or wire transfer in accordance with the payment instructions set forth in the certificate from the Customer or in invoices submitted in accordance therewith and the Bank may rely on such payment instructions though given by the Customer with no duty to investigate or inquire as to the authenticity of the invoice or the payment instructions contained therein.
2.3. Customer Representations, Warranties and C ovenants. Customer hereby represents, warrants, and covenants as follows, and Bank may resign immediately if Customer breach es of any such representation , warranty, or covenant:
2.3.1. Customer holds good and valid legal title to all Assets.
2.3.2. None of the Assets is (i) an asset of any “plan” as defined in ERISA Section 3(3); any “plan” as defined in Internal Revenue Code Section 4975(e)(1); any Plan-assets Vehicle; or any plan or entity not otherwise within the foregoing definitions that is subject to similar restrictions under federal, state, or local law; (ii) subject to SEC Rule 15c3-3; U.S. Commodity Futures Trading Commission Rules 1.20, 22.5, or 30.7; or any similar rule or regulation; or (iii) subject to a public-deposits, public-funds, or other State law that would require Bank to set aside any direct government obligations, government -guaranteed obligations, surety bonds, letters of credit, or other assets as security, regardless of the type or amount of capital of Bank, the amount of public deposits held by 32021.00002\44018441.2
Bank, or the extent to which the Assets are not insured by the Federal Deposit Insurance Corporation or exceed federal deposit insurance limits.
2.3.3. Customer is neither (i) an “investment company” that is subject to registration with the Securities and Exchange Commission under the Investment Company Act of 1940, as amended , (ii) an “investment company” that is not subject to such registration pursuant to Section 3(c) thereof, (iii) an i nsurer, nor (iv) a reinsurer.
2.3.4. Customer is not a trustee of, and has no duty to engage a trustee for, the Assets.
SECTION 3
BOOKS, RECORDS, AND ACCOUNTS
3.1. Bank shall maintain proper books of account and complete records of Assets a nd transactions in the Account. On at least f ive business days advance written notice, Bank shall permit Customer and Customer’s independent auditors to inspect during Bank’s regular business hours any books of account and records of Assets and transactions in the Account.
SECTION 4
ASSET DELIVERY, TRANSFER, CUSTODY, AND SAFEKEEPING
4.1. Asset Delivery. Customer will from time to time deliver, or cause to be delivered, Assets to Bank. Bank shall receive and accept such Assets for the Account upon directions from Customer.
4.2 Asset Transfers. Upon receipt of directions from Customer in compliance with Section 2.2.3 hereof , Bank shall return Assets to Customer, or deliver Assets to such location or third party as such directions may indicate, provided that in connection therewith it is the sole responsibility of Customer to provide any transfer documentation as may be required by the applicable Depository or third party recipient. Bank shall have no power or authority to assign, hypothecate, pledge or otherwise dispose of any Assets, except as provided herein or pursuant to such directions.
4.3. Account Statements. Bank will furnish each Statement Recipient with (i) a monthly Account statement within thirty (30) calendar days after the end of each month and (ii) a final Account statement within thirty (30) calendar days after Bank has transferred all Assets from the Account as provided under this Agreement . Such Account statements will reflect Asset transactions during the reporting period and ending Asset holdings. To the extent Customer has established an account in Bank’s on -line portal and granted access thereunder to Statement Recipients, Bank will furnish such Account statements by way of such system.
4.4. Confirmations; Notification by Agreement. The Account statements described above (including their timing and form) serve as the sole written notification of any securities transaction s effected by Bank for the Account. Even so, Customer has the right to demand that Bank provide written notification of such transactions pursuant to 12 CFR Sections 12.4(a) or (b) at no additional cost to Customer.
SECTION 5
POWERS OF BANK
5.1. In the performance of its duties under this Agreement, Bank shall have the power to:
5.1.1. Sign Documents. Make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any or all other instruments that may be necessary or appropriate to the proper discharge of its duties under this Agreement.
5.1.2. Hire Service Providers. Hire service providers (including, but not limited to, attorneys, depositories, and sub-custodians) to assist Bank in exercising Bank’s powers under this Agreement, including any service provider that is affiliated with Bank.
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5.1.3. Hold Assets Un -invested. Hold Assets un-invested pending cash investment, distribution, resolution of a dispute, or for other operational reasons and to deposit the same in an interest -bearing or noninterest-bearing deposit account of Bank , notwithstanding any sweep direction for the Account or Bank’s receipt of “float” income from such un-invested cash.
5.1.4. Litigate. As directed by Customer, bring, defend, or settle lawsuits involving the Account or the Assets at the sole expense of the Account.
5.1.5. Retain Disputed Funds . Withhold delivery or distribution of Assets that are the subject of a dispute pending final adjudication of the dispute by a court of competent jurisdiction.
5.1.6. Distribute Assets. Distribute Assets as set forth herein.
5.1.7. Safe-keep Assets. Safe-keep Assets as set forth herein.
5.1.8. Register Assets. Register any Asset in the name of Bank or Bank’s nominee or to hold any Asset in unregistered or bearer form or in such form as will pass title by delivery, provided that Bank’s records at all times show that all such assets are part of the Account.
5.1.9. Maintain Assets at a Depository or with a Sub-custodian. Maintain Assets that are (i) book- entry securities at any Depository or with any sub-custodian and to permit such Assets to be registered in the name of Bank, Bank’s nominee, the Depository, the Depository’s nominee, the sub -custodian, or the sub -custodian’s nominee and (ii) physical securities at Bank’s office in the United States and in a safe place.
5.1.10. Collect Income. Collect all income, principal, and other distributions due and payable on Assets.
If Customer directs Bank to search the DTC’s Legal Notice System for notice that a particular Asset is in default or has refused payment after due demand, then Bank will conduct such a search and notify Customer of any such notice Bank finds therein.
5.1.11. Advance Funds or Securities. Advance funds or securities in furtherance of settling securities transactions and other financial-market transactions under this Agreement.
5.1.12. Do Other Things. Perform other acts necessary to the proper discharge of its duties under this Agreement.
SECTION 6
PURCHASES
6.1. Upon the receipt of directions from Customer, Bank shall settle Customer’s purchases of securities on a contractual settlement basis. For the purposes of Uniform Commercial Code § 9-206, Customer acknowledges that its legal obligation to pay the purchase price to Bank for such purchases arises immediately at the time of the purchase. Customer hereby covenants and agrees that (i) it shall not instruct Bank to sell any Asset until such Asset has been fully paid for by Customer, and (ii) Customer shall not engage in any practice whereby Customer relies on the proceeds from the sale of an Asset to pay for the earlier purchase of the same Asset.
6.2. Sweep Direction. To the extent Bank has received no investment direction as to cash Assets held in the Account, Bank will use such Assets to purchase a position in the sweep vehicle identified in an exhibit hereto or, if none is identified, will hold such Assets un-invested without liability for interest thereon.
SECTION 7
SALES
7.1. Upon receipt of directions from Customer in compliance with Section 2.2.3 hereof , Bank will deliver Assets held by it as Bank under this Agreement and sold by or for Customer against payment to Bank of the 32021.00002\44018441.2
amount specified in such directions in accordance with the then current securities industry practices and in form satisfactory to Bank. Customer acknowledges that the current securities industry practice for physical securities is for physical delivery of such securities against later payment on delivery date. Bank agrees to use commercially reasonable efforts to obtain payment therefor during the same business day, but Customer confirms its sole assumption of all risks of payment for such deliveries. Bank assumes no responsibility for the risks of collectability of checks received for the Account.
SECTION 8
SETTLEMENTS
8.1. Bank shall provide Customer with settlement of all purchases and sales of Assets in accordance with Bank’s instruction-deadline schedule provided that Bank has all the information necessary and the Account has all the Assets necessary to complete the transaction.
8.2. To avoid a deficiency in the Account, if the Account does not have sufficient funds to pay for an Asset , Customer covenants and agrees that (i) it shall not initiate any trade without sufficient Assets to settle such trade, and (ii) Customer shall not notify a ny third party that Bank will settle the purchase of an Asset. Customer covenants and agrees that it will not allow or direct anyone else to act contrary to (i) and (ii) above.
8.3. Bank shall not be liable or responsible for or on account of any act , omission, default, or insolvency of any broker, bank, trust company, person, or other agent designated by Customer to purchase or sell securities for the Account.
SECTION 9
VALUATION
9.1. Valuation. For purposes of reporting the value of an Asset on an Account statement:
9.1.1. Pricing, If Available. Bank will report a value that is (i) provided to Bank by a third-party pricing vendor or (ii) readily determinable on an established market, if such value is available to Bank when preparing the statement. Upon Customer’s request, Bank will provide Custome r with information about Bank’s pricing sources and methodologies.
9.1.2. Pricing, If Unavailable. If such value above is unavailable, Customer will, upon Bank’s request, direct Bank as to the value; Bank will then report such value. Absent such a direction, Bank will report the most recent value that Bank received from the Asset’s broker, fund accountant, general partner, issuer, investment manager, transfer agent, or other service provider (commonly known as a pass -through price). To the extent the value of an Asset is so reported, Customer hereby represents and warrants as follows: (i) Customer received, read, and understood any governing documents (such as a limited liability company agreement, limited partnership agreement, trust agreement, or declaration of trust), offering documents (such as a fact sheet, offering circular, offering memorandum, private placement memorandum, prospectus, or summary description), and subscription documents (such as an adoption agreement or subscription agreement ) for the Asset; (ii) Customer understands the Asset’s eligibility requirements, fees and expenses, transfer and withdrawal limitations, type, category, issuer, objectives, principal strategies and risks, current underlying investments, and the identity of the Asset’s administrator, investment advisor, auditor, and other service providers (and any affiliations among them) and the services they provide, respectively, to the Asset and the compensation they receive therefor ; and (ii) Such value reflects such d ocuments, investment -related information, service -provider information, and fee -and-expense information.
9.1.3. Limitations. Customer hereby acknowledges that Bank is performing a routine, ministerial, non- discretionary valuation function; that the reported value might be neither fair market value nor fair value (under accounting standards or applicable law); and that the reported value is not a substitute for (i) investigating the Asset’s value in connection with a decision to acquire, hold, dispose of, or exchange any securities or other investment property; (ii) obtaining and ensuring the reliability of an independent third-party appraisal with respect to such a decision; or (iii) obtaining Investment Advice. 32021.00002\44018441.2
SECTION 10
LIMITATIONS ON DUTIES
10.1. Customer hereby acknowledges that Bank does not provide any services under this Agreement (i) in a “fiduciary capacity” within the meaning of 12 C.F.R. § 9.2(e) or (ii) as a “fiduciary” as such term may be defined in State law or otherwise. The duties of Bank will be strictly limited to those set forth in this Agreement, and no implied covenants, duties, responsibilities, representations, warranties, or obligations shall be read into this Agreement against Bank. Without limiting the generality of the foregoing, Bank shall have no duty to:
10.1.1. Evaluate or to advise anyone of the prudence, suitability, or propriety of action or proposed action of Customer in any particular transaction involving an Asset or the suitability or propriety of retaining any particular investment as an Asset; review, question, approve, or make inquiries as to any investment directions received under this Agreement ; or review the securities or other property held in the Account with respect to prudence or diversification.
10.1.2. Act as trustee of the Assets.
10.1.3. Act as custodian of any assets other than the Assets.
10.1.4. Act as investment manager of the Assets, except to the extent the Assets are subject to Bank’s discretion to manage under a separate written investment-management agreement (if any).
10.1.5. Provide Investment Advice.
10.1.6. Determine, monitor, or collect any contributions to the Account or monitor compliance with any applicable funding requirements.
10.1.7. (i) Collect any income, principal, or other distribution due and payable on an Asset if the Asset is in default or if payment is refused after due demand or (ii) except as expressly provided herein, to notify Customer in the event of such default or refusal.
10.1.8. Provide notice of, or forward, mini -tenders (which are tender offers for less than 5% of an outstanding debt or equity issue).
10.1.9. Question whether any direction received under this Agreement is prudent or contrary to applicable law; to solicit or confirm directions; or to question whether any direction received under this Agreement by Electronic Means, is unreliable or has been compromised, such as by identity theft.
10.1.10. Calculate, withhold, prepare, sign, disclose, file, report, remit, or furnish to any taxing authority or any taxpayer any federal, state, or local taxes, tax returns, or information returns that may be required to be calculated, withheld, prepared, signed, disclosed, filed, reported, remitted, or furnished with respect to the Assets or the Account, except to the extent such duties are required by law to be performed only by Bank in its capacity as custodian under this Agreement or are expressly set forth herein . Bank shall have no responsibility for Form 1099-MISC reporting with respect to disbursements that Bank makes in an administrative or ministerial function to vendors or other se rvice providers and shall have no tax reporting or withholding duties with respect to the Foreign Investment in Real Property Tax Act (FIRPTA). Company shall provide Bank Form W-9 and an original Form W-8, as applicable, for each payee, together with any o ther documentation and information requested by Custodian in connection with Custodian’s reporting obligations under this Agreement. If such tax documentation is not so provided, Custodian is authorized to withhold taxes as required by the Internal Revenue Code and related regulations.
10.1.11. Monitor financial advisors and other agents hired by Customer.
10.1.12. Maintain or defend any legal proceeding in the absence of indemnification, to Bank’s satisfaction, against all expenses and liabilities which it may sustain by reason thereof. 32021.00002\44018441.2
10.1.13. Advance funds or securities or otherwise expend or risk its own funds or incur its own liability in the exercise of its powers or rights or performance of its duties under this Agreement.
SECTION 11
AUTHORIZED PERSONS; DELIVERY OF DIRECTIONS
11.1. Authorized Persons. With respect to this Agreement:
11.1.1. Customer will notify Bank of the identity of each (i) employee of Customer who is authorized to act on Customer’s behalf, (ii) third-party agent that is authorized to act on Customer’s behalf, and (iii) employee of each third-party agent who is authorized to act on such agent’s behalf. In no event is any such agent authorized to amend this Agreement or to terminate this Agreement.
11.1.2. Bank may assume that any such employee or agent continues to be so authorized, until Bank receives notice to the contrary from Customer (or, with respect to any such employee of any such agent, from such agent).
11.1.3. Customer hereby represents and warrants that any such employee or agent was duly appointed and is appropriately monitored and covenants that Customer will furnish such employee or agent with a copy of this Agreement, as amended from time to time, and with a copy of any communication s given under this Agreement to Customer. Customer hereby acknowledges that (i) such employee’s or agent’s actions or omissions are binding upon Customer as if Customer had taken such actions or made such omissions itself and (ii) Bank is indemnified, released, and held harmless accordingly.
11.2. Delivery of Directions.
11.2.1. Any direction, notice, or other communication provided for in this Agreement will be given in writing and (i) unless the recipient has timely delivered a superseding address under this Agreement, addressed as provided under this Agreement, (ii) entered into Customer’s a ccount in Bank’s on-line portal, (iii) sent to Bank by Messaging System, or (iv) sent to Bank by other Electronic Means.
11.2.2. Customer hereby represents and warrants that Customer maintains commercially reasonable security measures for preventing unauthorized access to its portal account; to the email accounts of its employees, agents, and agents’ employees ; and to any Messaging System used by its employees , agents, and agents’ employees, and Customer hereby assumes all risk to the Account of such unauthorized access. Customer hereby acknowledges that Customer is fully informed of the protections and risks associated with the various methods of transmitting directions to Bank and that there may be more secure methods of transmitting directions than the methods selected by Customer and Customer’s agents.
SECTION 12
FEES AND EXPENSES
12.1. Fees. Customer shall pay Bank compensation for providing services under this Agreement. A schedule of that compensation is attached as Exhibit A (Fee Schedule) hereto.
12.2. Expenses. Customer shall reimburse Bank for expenses, fees, costs, and other charges incurred by Bank in providing services under this Agreement (including, but not limited to , compensation, expenses, fees, costs, and other charges payable to service providers hired under this Agreement).
12.3. Outstanding Fees and Expenses. To the extent of (i) any outstanding compensation, expenses, fees, costs, or other charges incurred by Bank in providing services under this Agreement or (ii) Customer’s other indebtedness to Bank, Customer hereby grants Bank a first-priority lien and security interest in, and right of set - off against and deduction from, the Assets. Bank may execute that lien and security interest, and exercise that right, at any time.
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12.4. Advance of Funds or Securities. To the ext ent of any advance of funds or securities under this Agreement, Customer hereby grants Bank a first-priority lien and security interest in, and right of set-off against and deduction from, the Assets. Bank may execute that lien and security interest, and exercise that right, at any time. Furthermore, nothing in this Agreement constitutes a waiver of any of Bank’s rights as a securities intermediary under Uniform Commercial Code § 9-206.
SECTION 13
LIABILITY LIMITATIONS AND INDEMNIFICATION
13.1. Indemnification.
13.1.1. Customer hereby indemnifies and releases Bank and its affiliates, and their officers, directors, employees, agents, successors, and assigns (each, an “Indemnified Person”) and holds each Indemnified Person harmless from and against, and an Indemnified Person will incur no liability to any person or entity for, any claims, costs, damages, delayed payment or non -payment on Assets sold, expenses (including attorneys’ and other professional fees), fines, interest, liabilities, losses, penalties, stockholders’ assessments (asserted on account of asset registration) or taxes (each, a “ Loss”) that may be imposed on, incurred by, or asserted against an Indemnified Person by reason of the Indemnified Person’s action or omission in connection with Bank’s performance of duties or enforcement of rights under this Agreement (including, but not limited to, an action or omission that is consistent with directions provided under this Agreement) , except to the extent that a court of competent jurisdiction has made a final judgment that the Loss was directly caused by the Bank’s willful misconduct or gross negligence.
13.1.2. Bank may consult legal counsel selected by it in the event of any dispute or question as to th e construction of any of the provisions hereof or of any other agreement or of its duties hereunder, or relating to any dispute involving this Agreement, and will incur no liability and must be fully indemnified from any liability whatsoever in acting in accordance with the advice of such counsel.
13.1.3. The foregoing provisions shall survive the Bank’s resignation or removal and the termination of this Agreement.
13.2. Force Majeure. Bank shall have no liability for any delay or failure in performing its obligations under this Agreement caused by epidemics, wars (whether declared or not and including existing wars), revolutions, insurrections, riots, civil commotion, acts of God, accidents, fires, explosions; stoppages of labor, strikes, or other differences with employees; laws, regulations, orders, or other acts of any governmental authority ; or any other circumstances beyond its control.
13.3. Damages. Bank shall have no liability for any indirect, incidental, special, punitive, or consequential damages (including but not limited to lost profits) arising out of or in any way related to this Agreement or the performance of its obligations under this Agreement even if Bank has been advised of, or is aware of, the possibility of such damages.
13.4. Statements. Bank shall not be liable with respect to the propriety of Bank’s actions or omissions reflected in a statement provided under this Agreement, except to the extent (i) a Statement Recipient objects to Bank within ninety (90) calendar days after delivery of such statement or (ii) such acts or omissions could not be discovered through reasonable examination of such statement.
SECTION 14
TERMINATION
14.1. This Agreement terminates upon the effective date of Bank’s resignation or removal under this Agreement. Bank may resign under this Agreement by notice to Customer. Customer may remove Bank under this Agreement by notice to Bank. The resignation or removal shall be effective thirty (30) calendar days after delivery of the notic e, except to the extent the parties agree in writing to a different effective date. By such 32021.00002\44018441.2
effective date, Customer shall appoint a new custodian and notify Bank of the appointment. If Customer fails to do so, Bank shall have the right to petition a court at Account expense for appointment of a new custodian. Upon receiving notice of such appointment, Bank will transfer Assets to the new custodian as directed by Customer or the court, as the case may be. However, Bank shall not be required to transfer any Assets until Bank has received payment or reimbursement for all (a) compensation, expenses, fees, costs, or other charges incurred by Bank in providing services under this Agreement and (b) funds or securities advanced under this Agreement.
SECTION 15
MISCELLANEOUS
15.1. Freedom to Deal with Third Parties. Bank is free to render services to others, whether similar to those services rendered under this Agreement or of a different nature.
15.2. Binding Obligations . Customer and Bank each represent and warrant that (i) it has the power and authority to transact the business in which it is engaged and to execute, deliver, and perform this Agreement and has taken all action necessary to execute, deliver, and perform this Agreement and (ii) this Agreement constitutes its legal, valid, and binding obligation enforceable according to the terms hereof.
15.3. Complete Agreement; Amendment. This Agreement contains a complete statement of all the arrangements between the parties with re spect to its subject matter and supersedes any existing agreements between them concerning the subject. This Agreement may be amended at any time, in whole or in part, by a written instrument signed by Customer and Bank. Notwithstanding the foregoing, if the terms of Exhibit A (Fee Schedule) hereto set forth a method for amending such exhibit, then such terms alone govern amendments thereto.
15.4. Governing Law; Venue. This Agreement will be governed, enforced, and interpreted according to the laws of the State without regard to conflicts of laws, except where pre -empted by federal law. All legal actions or other proceedings directly or indirectly relating to this Agreement will be brought in federal court (or, if unavailable, state court) sitting in the State. The parties submit to the jurisdiction of any such court in any such action or proceeding and waive any immunity from suit in such court or execution, attachment (whether before or after judgment), or other legal process in or by such court.
15.5. Successors and Assigns. This Agreement binds, and inures to the benefit of, Customer, Bank, and their respective successors and assigns. No party may assign any of its rights under this Agreement without the consent of each other party , which consent will not be unreasonably withheld. Notwithstanding the foregoing, any corporation or association into which Bank may be merged or with which it may be consolidated, or any corporation or association resulting from any merger or consolidation to which Bank shall be a party, or any corporation or association succeeding to all or substantially all of the c ustody business of Bank, shall be the successor of Bank hereunder, provided such corporation or association shall be qualified and eligible to act as custodian under applicable law, without the execution or filing of any paper or any further act on the part of any of the parties hereto.
15.6. Severability. The provisions of this Agreement are severable. The invalidity of a provision herein will not affect the validity of any other provision.
15.7. No Third-Party Beneficiaries. This Agreement is made solely for the benefit of Customer and Bank.
No person or entity other than such parties has any rights or remedies under this Agreement.
15.8. Abandoned Property. Bank will escheat Assets pursuant to the applicable state’s abandoned property, escheat, or similar law, and Bank shall be held harmless therefrom. The provisions of this Section shall survive the termination of this Agreement.
15.9. Legal Advice. Customer hereby acknowledges that it (i) did not receive legal advice from Bank concerning this Agreement, (ii) had an adequate opportunity to consult an attorney of its choice before executing this Agreement, and (iii) executed this Agreeme nt upon its own judgment and, if sought, the advice of such attorney.
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15.10. Waiver of Jury Trial. Each party hereby irrevocably waives all right to a trial by jury in any action, proceeding, claim, or counterclaim (whether based on contract, tort, or otherwise) directly or indirectly arising out of or relating to this Agreement.
15.11. Legal Action. If Bank is served with any freeze order, garnishment, levy, restraining order, search warrant, subpoena, writ of attachment or execution, or similar orde r relating to the Account (each, a “ Legal Action”), then Bank will, to the extent permitted by law, use good faith efforts to notify Customer of such service.
Customer will reimburse Bank for any expenses, fees, costs, or other charges incurred by Bank in responding to the Legal Action, including, but not li mited to, any fees charged by an attorney of Bank’s choice. If Customer notifies Bank that Customer is seeking a protective order to resist the Legal Action, then Bank will provide reasonable cooperation at Customer’s request and sole cost and expense. In any event, Bank may comply with the Legal Action at any time, except to the extent Bank has received a protective order that prevents Bank from complying.
15.12. Interpleader. With respect to Assets that are the subject of a dispute, Bank may file an interpleader action or other petition with a court of competent jurisdiction for directions with respect to the dispute. Customer will reimburse Bank for any expenses, fees, costs, or other charges incu rred by Bank in filing such petition and implementing such directions, including, but not li mited to, any fees charged by an attorney of Bank’s choice.
Before disbursing Assets pursuant to such interpleader action or petition, Bank will deduct therefrom an amount in payment or reimbursement for all (i) compensation, expenses, fees, costs, or other charges incurred by Bank in providing services under this Agreement and (ii) funds or securities advanced under this Agreement.
15.13. Representations and Warra nties. Customer hereby covenants that, if any of the representations or warranties that it provides in this Agreement becomes inaccurate or incomplete, it will promptly notify Bank thereof and of any fact, omission, event, or change of circumstances related thereto.
15.14. Counterparts and Duplicates. This Agreement may be executed in any number of counterparts, each of which shall be considered an original, but all of which together shall constitute the same instrument. This Agreement and any administrative form under this Agreement may be proved either by a signed original or by a reproduced copy thereof (including, not by way of limitation, a microfiche copy or an electronic file copy).
15.15. Effective Date. This Agreement will become effective when all parties have signed it. The date of this Agreement will be the date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party’s signature).
15.16. Electronic Transmission; Electronic Signatures . Bank shall not have any duty to confirm that the person sending any notice, instruction or other communication (a “Notice”) by electronic transmission (including by e-mail, facsimile transmission, web portal or other electronic methods) is, in fact, a person authorized to do so.
Electronic signatures believed by Bank to comply with the ESIGN Act of 2000 or other applicable law (including electronic images of handwritten signatures and digital signatures provided by DocuSign, Orbit, Adobe Sign or any other digit al signature provider acceptable to Bank) shall be deemed original signatures for all purposes.
Customer assumes all risks arising out of the use of electronic signatures and electronic methods to send Notices to Bank, including without limitation the risk of Bank acting on an unauthorized Notice, and the risk of interception or misuse by third parties. Notwithstanding the foregoing, Bank may in any instance and in its sole discretion require that an original document bearing a manual signature be delivered to Bank in lieu of, or in addition to, any such electronic Notice.
[Signature Page Follows]
32021.00002\44018441.2
IN WITNESS WHEREOF, an authorized officer of each party hereby executes this Agreement on the date stated beneath that party’s signature.
CITY OF PALMDALE, on
behalf of CITY OF PALMDALE COMMUNITY FACILITIES
DISTRICT NO. 93-1 (RITTER RANCH)
By: ________________________________________________
(Signature of Customer’s authorized officer)
________________________________________________
(Printed name of Customer’s authorized officer)
Its: ________________________________________________
(Title of Customer’s authorized officer)
Dated: ________________________________________________
U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION
By: ________________________________________________
(Signature)
Its: Vice President
Dated: ________________________________________________
32021.00002\44018441.2
U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION
CUSTODY AGREEMENT
Exhibit A (Fee Schedule)
Schedule of Fees for Services as
Custodial Agent
(to come)
City Council Staff Report
DATE: SEPTEMBER 2, 2025
TO: HONORABLE MAYOR PRO TEM AND CITY COUNCIL
FROM: OPERATIONS DEPARTMENT
INFORMATION TECHNOLOGY DIVISION
DISTRICT: ALL
SUBJECT: APPROVE FIRST AMENDMENT TO AGREEMENT WITH ACCELA , INC., A SUBSCRIPTION-BASED LAND USE, PLAN REVIEW, AND
INSPECTION TRACKING SYSTEM, FOR AN ADDITIONAL AMOUNT
OF $130,000 AND A NOT TO EXCEED AMOUNT OF $766,553 FOR
THE REMAINDER OF A FIVE (5) YEAR TERM THROUGH
DECEMBER 31, 2026
RECOMMENDATION
Staff recommend that the City Council:
1. Approve First Amendment to Agreement No. A-7700 with Accela , Inc., A subscription-based Land Use, Plan Review, Permitting, and Inspection Tracking System for an additional amount of $130,000 and a not -to-exceed amount of $766,553 for a (5) year term through December 31, 2026.
2. Authorize the City Manager Pro Tem or his designee to execute the First Amendment to Agreement No. A-7700 with Accela, Inc., including making minimal and/or non-substantive changes.
BACKGROUND
In July 2023, the City launched Accela to streamline the processing, review, and tracking of online perm it applications and payments. While the implementation has been successful, Accela’s ability to enhance collaboration and support organizational growth has increased the need for additional user licensing.
DISCUSSION
The requested funds will ensure staff can continue to access this critical system through the remainder of the contract. Staff recommend that the City Council approve the First Report to Mayor Pro Tem and City Council
Re: Approve First Amendment to Agrmt. No. A-7700 with Accela, Inc.
September 2, 2025
Amendment to Agreement No. A-7700 with Accela, Inc., for an additional $130,000 and a not-to-exceed amount of $766,553 for a (5) year term through December 31, 2026.
FISCAL IMPACT
$130,000; Funds are budgeted and available in FY 2025-26 in the Information Technology software account.
STRATEGIC PLAN
Goal III: 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.
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, City Attorney
ATTACHMENTS
Agrmt No. A-7700, First Amendment with Accela, Inc.
Agrmt No. A-7700 with Accela, Inc.
FIRST AMENDMENT TO AGREEMENT A- 7700
BETWEEN THE CITY OF PALMDALE AND Accela, Inc
This First Amendment to Agreement No. A-7700 (“Agreement”) is made and entered into by and between the City of Palmdale (hereinafter called “CITY”) and Accela, Inc (hereinafter called "Consultant"). This Contract shall become effective on the date of the last signatory.
WHEREAS, on December 15, 2021 ("Original Agreement") the CITY and Consultant entered into an agreement to provide:
Subscription services related to land use, plan review, permitting, and inspection tracking software (Accela Building SaaS)
WHEREAS, the parties desire to amend the Original Agreement to:
Authorize additional funding to accommodate expanded licensing needs and ensure continued system functionality through the remainder of the contract term, December 14, 2026.
NOW THEREFORE, the parties agree as follows:
Section 6 – Compensation
To accommodate expanded system usage and licensing needs through the end of the contract term, the CITY and CONTRACTOR agree to increase the contract amount by One Hundred Thirty Thousand Dollars ($130,000). The amended contract amounts are as follows:
Original Contract Amount........................................................... $636,553 Amendment No. 1 – Expanded Usage Support......................... $130,000 Revised Total Not-to-Exceed Contract Amount.......................... $766,553
All other terms and conditions of the Original Agreement not amended herein, remain in full force and effect.
1-2Concord - Document ID: 030rNu8uj82DBVV9iashnC
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:
Accela, Inc:
Salvador Mendez
City Manager Pro Tem
Michael Gigliello
Controller
ADDRESS FOR NOTICE:
CITY OF PALMDALE
38250 Sierra Hwy.
Palmdale, CA 93550
ADDRESS FOR NOTICE:
Accela, Inc
9110 Alcosta Boulevard, Ste H #3030
San Ramon, CA 94583-3852
APPROVE AS TO FORM:
Alexandra Halfman
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
2-2Concord - Document ID: 030rNu8uj82DBVV9iashnC
Record of Signing
Signed with https://www.concord.app/
For
Name
Title
Signed on 2025-08-25 19:02:32 GMT
Secured by Concord™
DocumentID: 030rNu8uj82DBVV9iashnC
SigningID: 030rNu8uEuUirnmsH3VxWL
Signing date: 8/25/2025
IP Address: 206.171.111.149
Email: [email protected]
For
Name
Title
Signed on 2025-08-26 17:29:47 GMT
Secured by Concord™
DocumentID: 030rNu8uj82DBVV9iashnC
SigningID: 030ruy3EhnNJFr8XWdbz4W
Signing date: 8/26/2025
IP Address: 47.35.59.222
Email: [email protected]
City Council Staff Report
DATE: SEPTEMBER 2, 2025
TO: HONORABLE MAYOR PRO TEM AND CITY COUNCIL
FROM: CITY ATTORNEY’S OFFICE
DISTRICT: ALL
SUBJECT: ADOPT RESOLUTION NO. CC 2025 -067, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALMDALE RECOGNIZING THE
LOS ANGELES COUNTY SHERIFF’S DEPARTMENT FOR ITS
COMMITMENT TO TRANSPARENCY AND COMMUNITY TRUST,
AND EXPRESSING SUPPORT FOR STATE LEGISLATION
PROMOTING IDENTIFICATION AND ACCOUNTABILITY IN LAW
ENFORCEMENT
RECOMMENDATION
Staff recommend that the City Council:
1. Adopt Resolution No. CC 2025-067, a Resolution of the City Council of the City of Palmdale recognizing the Los Angeles County Sheriff’s Department for its commitment to transparency and community trust, and expressing support for State Legislation promoting identification and accountability in law enforcement.
BACKGROUND
On July 11, 2025, the federal court issued a preliminary injunction against federal enforcement agencies, including ICE, prohibi ting the detention of individuals based on one, or a combination of the following factors: 1. Race/ethnicity; 2. Speaking Spanish or speaking English with an accent; 3. Presence at a particular location (e.g. bus stop, car wash, tow yard, day laborer pick up site, agricultural site, etc.); and 4. The type of work one does.
In response to this ruling, the LASD amended its operational processes to include specific procedures to identify federal agents by on-scene LASD officers, including direction to request identification or agency credentials and record the encounter on the officer’s body-worn camera.
On or about July 29, 2025, County intervened in the federal suit, and the Los Angeles County Board of Supervisors directed County Counsel to draft an ordina nce prohibiting Report to Mayor Pro Tem and City Council
Re: Reso. No. CC 2025-067 Recognizing LASD and County of Los Angeles and Expressing Support for State Legislation
September 2, 2025
all law-enforcement officers working in unincorporated areas from wearing any mask or personal disguise while interacting with the public in the course of their duties.
On August 1, 2025, the Ninth Circuit Court of Appeals upheld the lower court’s ruling. The federal government’s appeal is pending with the Supreme Court.
On August 19, 2025, the City Council directed staff to prepare a resolution expressing support for the actions taken by County and LASD in response to federal immigration enforcement.
DISCUSSION
The City contracts with LASD for police services and there is no confirmed federal immigration enforcement activity in the City.
The City Council requested a resolution expressing support and recognizing the actions taken by the County and LASD to confirm the identity and legitimacy of individuals acting under federal authority. The attached resolution is recommended for adoption to accomplish this purpose.
FISCAL IMPACT
$0; There is no fiscal impact to the City for this action.
STRATEGIC PLAN
Goal I: Maintain effective public safety and protection for life, property and the environment
B. Provide comprehensive and innovative safety services to prevent crime and promote a safe community.
Prepared by: Alexandra Halfman, City Attorney
Approved by: Salvador Mendez, City Manager Pro Tem
Approved as to form: Alexandra Halfman, City Attorney
ATTACHMENTS
Reso. No. CC 2025-067
CITY COUNCIL
CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2025-067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE RECOGNIZING THE LOS ANGELES COUNTY SHERIFF’S DEPARTMENT
FOR ITS COMMITMENT TO TRANSPARENCY AND COMMUNITY TRUST,
AND EXPRESSING SUPPORT FOR STATE LEGISLATION PROMOTING
IDENTIFICATION AND ACCOUNTABILITY IN LAW ENFORCEMENT
WHEREAS, the City of Palmdale is proudly served by the Los Angeles County Sheriff ’s Department (LASD), whose deputies demonstrate professionalism, courage, and dedication in protecting the safety of Palmdale residents; and
WHEREAS, the City recognizes that enforcement activities, including those that intersect with federal agencies such as U.S. Immigration and Customs Enforcement (ICE), can create heightened tensions, fear, and confusion within the community; and
WHEREAS, community trust and officer safety are best maintained when deputies are clearly identifiable during enforcement oper ations, and when the use of facial coverings is limited to situations where they are operationally or medically necessary; and
WHEREAS, these protocols have strengthened trust and communication between law enforcement and the community, particularly during complex and sensitive operations; and
WHEREAS, these best practices provide reassurance to residents, reduce confusion during enforcement activities, and reinforce the City ’s commitment to transparency and accountability in public safety; and
WHEREAS, legislation currently before the California State Legislature seeks to extend these same standards of identification and accountability statewide, aligning with the leadership and example already demonstrated by LASD in Palmdale and across Los Angeles County.
Resolution No. CC 2025-067
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palmdale as follows:
1. The City of Palmdale expresses its support for LASD deputies as they navigate the challenges of federal enforcement actions within the community, and reaff irms the City ’s commitment to fostering collaboration and mutual respect between law enforcement and residents.
2. The City of Palmdale supports pending state legislation aimed at enhancing transparency and accountability in law enforcement statewide.
3. The City Clerk shall transmit copies of this resolution to the Los Angeles County Sheriff’s Department, the Los Angeles County Board of Supervisors, and the City ’s state legislative delegation to communicate the City’s appreciation and support.
PASSED, APPROVED, and ADOPTED this 2nd day of September, 2025.
_________________________________
Laura Bettencourt
Mayor Pro Tem
Approved as to form: ATTEST:
___________________________ _________________________________ Alexandra M. Halfman Rochelle Scott
City Attorney 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 2nd day of September, 2025 by the following roll call vote:
AYES:
NOES:___________________________________________________________
ABSTAIN:______________________ABSENT:__________________________ _
Date:
Rochelle Scott, City Clerk
City Council Staff Report
DATE: SEPTEMBER 2, 2025
TO: HONORABLE MAYOR PRO TEM AND CITY COUNCIL
FROM: HOUSING DEPARTMENT
DISTRICT: ALL
SUBJECT: APPROVE THE FIRST AMENDMENT TO AGREEMENT WITH RSG, INC., FOR CONSULTANT SERVICES RELATED TO THE HOME
REHABILITATION AND ACCESSIBILITY PROGRAMS,
INCREASING THE AGREEMENT BY $ 69,610 FOR A NOT TO
EXCEED TOTAL OF $ 150,000 FOR A THREE-YEAR TERM WITH
OPTION FOR TWO ADDITIONAL YEARS
RECOMMENDATION
Staff recommend that the City Council:
1. Approve the First Amendment to Agreement No. A -9221 with RSG, Inc., for consultant services related to the Home Rehabilitation and Accessibility Programs, increasing the Agreement by $ 69,610 for a not to exceed total of $1 50,000 for a three-year term with option for two additional years; and,
2. Authorize the City Manager Pro Tem or his designee to execute the Agreement No. A-9221 with RSG, Inc., including minimal and/or non-substantial changes.
BACKGROUND
The City Council approved the fi ve-year plan (The Plan) for the State of California Department of Housing and Community Development’s (HCD) Permanent Local Housing Allocation (PLHA) Program on July 14, 2020. The PLHA funding is generated from the Building Homes and Jobs Act, SB2, which established a $75 recording fee on real estate documents to increase the supply of affordable housing in California. The Plan includes activities for home rehabilitation and home accessibility for owner - occupied single-family residences. The City Council approved the Home Rehabilitation and Accessibility programs on March 20, 2024.
Report to Mayor Pro Tem and City Council
Re: First Amendment to Agrmt No. A-9221 RSG. Inc.
September 2, 2025
DISCUSSION
RSG, Inc. (RSG) has provided the City assistance with program administration for the Home Rehabilitation and Accessibility Programs, including program design, participant selection, loan and grant documentation, inspections, contractor bid documentation, construction management, and case management, which includes annual compliance monitoring. Original PLHA program administration funding of $80,390 is estimated to assist at least 20 participants with repairs needed . With the additional funding of $69,610, through PLHA years 2021 and 2022, RSG, Inc. will be able to process an additional 25 participants with repairs and accessibility . The current agreement with RSG has two years remaining and an option for two additional years. Funding for PLHA year five will be allocated for additional case management when received from the Department of Housing and Community Development.
FISCAL IMPACT
$69,610; funds are budgeted and available in FY 2025-26 in account 24164007-782965.
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: Sophia Reyes, Director of Housing
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, City Attorney
ATTACHMENTS
Agrmt No. A-9221, First Amendment with RSG, Inc.
Agrmt No. A-9221 with RSG, Inc.
FIRST AMENDMENT TO AGREEMENT A- 9221
BETWEEN THE CITY OF PALMDALE AND RSG, INC.
This First Amendment to Agreement No. A-9221 (“Agreement”) is made and entered into by and between the City of Palmdale (hereinafter called “CITY”) and RSG, INC. (hereinafter called "CONTRACTOR"). This Contract shall become effective on the date of the last signatory.
WHEREAS, on February 20, 2025 ("Original Agreement") the CITY and CONTRACTOR entered into an agreement to provide:
Administration of the City of Palmdale Single Family Rehabilitation and Home Accessibility Programs, including program design, marketing and outreach, participant selection and compliance monitoring.
WHEREAS, the parties desire to amend the Original Agreement to:
Increase total Agreement amount to provide case management for additional funding for the 2021 and 2022 PLHA allocations.
NOW THEREFORE, the parties agree as follows:
1. Section 6 Price: is amended to "..an amount not to exceed One Hundred and Fifty Thousand Dollars ($150,000) for the completion of all the work described in Section 2 .."
2. Exhibit B Cost proposal. Increase program design, outreach, and marketing to Thirty Thousand Dollars ($30,000), and increase case management to One Hundred and Twenty Thousand Dollars ($120,000).
Original Contract Amount............................................................................... $80,390 Amendment No. 1 – Expanded Case Management Support......................... $69,610 Revised Total Not-to-Exceed Contract Amount.............................................. $150,000
All other terms and conditions of the Original Agreement not amended herein, remain in full force and effect.
REST OF PAGE INTENTIONALLY LEFT BLANK
1-2Concord - Document ID: 030oWx4NChrjZgvRbMiGum
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:
RSG, INC.:
Salvador Mendez
City Manager Pro Tem
Tara Matthews
Principal
ADDRESS FOR NOTICE:
CITY OF PALMDALE
38250 Sierra Highway
Palmdale, CA 93550
ADDRESS FOR NOTICE:
RSG, INC.
170 Euclyptus Avenue, Ste. 200
Vista, CA 92084
APPROVE AS TO FORM:
Alexandra Halfman
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
2-2Concord - Document ID: 030oWx4NChrjZgvRbMiGum
Record of Signing
Signed with https://www.concord.app/
For
Name
Title
Signed on 2025-08-20 18:52:02 GMT
Secured by Concord™
DocumentID: 030oWx4NChrjZgvRbMiGum
SigningID: 030oWx4MuZizA5uFHm6iJf
Signing date: 8/20/2025
IP Address: 206.171.111.149
Email: [email protected]
AGREEMENT NO. A-9221
CONTRACT FOR SERVICES
BETWEEN THE CITY OF PALMDALE AND RSG, INC.
This CONTRACT for services (“Contract” herein) is made and entered into by and between the City of Palmdale, a public body corporate and politic, (hereinafter called “CITY”), and RSG, INC., a California corporation, (hereinafter called “CONTRACTOR”). This Contract shall become effective on the date of the last signatory.
RECITALS
WHEREAS, CONTRACTOR represents that CONTRACTOR has the expertise and is qualified to perform the services described in this Contract.
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 the Housing 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:
Administration of the Single-Family Home Rehabilitation and Home Accessibility Programs. The programs are funded by Permanent Local Housing Allocation (PLHA) funds from the State of California Department of Housing and Community Development (HCD).
The Home Accessibility Program provides housing rehabilitation loans up to $30,000 for owner-occupied single-family homes. It concentrates on accessibility improvements, including, but not limited to, installing ramps, ADA door hardware, and kitchen and bath fixtures and faucets (showerhead combo with slide-bar).
The Home Grant Program provides housing rehabilitation loans up to $30,000 for owner-occupied single-family homes. It concentrates on health and safety emergency repairs, such as leaking roofs, broken plumbing, inoperable water heaters, and inoperable heating and cooling units.
Administration will include program design, marketing and outreach, participant 1-12Concord - Document ID: 02z4C2WEi8VL1fhC1e2m5E
selection, and compliance monitoring. For program requirements, please refer to Exhibit. A: RSG Technical Proposal (Scope of Work) and HCD PLHA grant guidelines.
2.2 CONTRACTOR shall have no claim for compensation for any services or work, which has not been authorized by CITY’s Authorization to Proceed.
2.3 CONTRACTOR shall not accept any change of scope, or change in contract provisions, to this Contract unless issued in writing, as a contract change order or amendment and signed by CITY. Any extensions of time must be mutually agreed upon in writing and executed by both parties.
2.4 CONTRACTOR shall maintain in current status all Federal, State, and local licenses and permits required for the operation of the business conducted by the CONTRACTOR as applicable to this contract.
2.5 All work supplied under this Contract shall be fully guaranteed by CONTRACTOR for a minimum period of 365 days from the date of acceptance by CITY. Any defects of design, workmanship, or materials that would result in non- compliance with the Contract specifications shall be fully corrected by CONTRACTOR (including parts and labor) without cost to CITY. The written warranty shall be included with the delivered products to the using Department.
2.6 CITY shall provide to CONTRACTOR, without charge, all data, program information, including reports, records, maps, and other information, now in CITY’s possession, which may facilitate the timely performance of the work. 3 CONTRACTOR’S KEY PERSONNEL
3.1 Key Staff. CITY reserves the right to review and approve CONTRACTOR’S staff including all subcontractors to be assigned to any project by CONTRACTOR during the term of this Contract.
This Contract has been awarded to CONTRACTOR based partially on the key personnel proposed to perform the services required herein. CONTRACTOR shall not change nor substitute any of these key staff for work on this Contract without prior written approval by CITY.
CONTRACTOR’s Team and Key Personnel are as follows:
Tara Matthews - Principal in Charge
Dominique Clark - Project Manager / Director
Rosa Romero - Senior Associate
Jessica Henderson - Associate
This Services Contract has been awarded to CONTRACTOR based on its representation that those personnel and subcontractors submitted as part of its bid and listed above will perform the portions of the work listed above. 2-12Concord - Document ID: 02z4C2WEi8VL1fhC1e2m5E
CONTRACTOR shall not deviate nor substitute any of these team members without prior written approval by CITY.
3.2 Subcontractors. During the performance of the Agreement, CONTRACTOR may engage such additional SUBCONTRACTORS as may be required for the timely completion of this Agreement. In the event of subcontracting, the sole responsibility for fulfillment of all terms and conditions of this Agreement rests with CONTRACTOR.
CONTRACTOR shall not enter into any Subcontract under this Contract for the performance of this Contract without the advance written approval of CITY. The subcontract shall incorporate by reference the terms and conditions of this Contract.
3.3 Direct Responsibility. All services required under this Contract shall be performed by CONTRACTOR, or under CONTRACTOR’s direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform such services.
3.3.1 CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Contract, and compliance with all reasonable performance standards established by CITY.
3.3.2 CONTRACTOR shall be responsible for payment of all CONTRACTOR’s employees’ and subcontractor’s wages and benefits and shall comply with all requirements pertaining to the employer’s liability, workers’ compensation, unemployment insurance, and Social Security.
3.3.3 CONTRACTOR shall indemnify and hold harmless CITY, and its respective officers, agents and employees from and against all claims, demands, damages or costs arising from CONTRACTOR’s acts or omissions with respect to any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices.
4 CONTRACT TERM
The term of this Contract is Three (3) YEARS, commencing on the effective date, with CITY reserving the option to extend the agreement for 2 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 3-12Concord - Document ID: 02z4C2WEi8VL1fhC1e2m5E
acquisition and performance of the Contract for a period of five years after the completion of the Contract.
5.2 Property of CITY. All materials, including reports, computer programs and other deliverables, supplied or created under this Contract are the sole property of CITY. CONTRACTOR is not entitled to a patent or copyright on those materials and may not transfer the patent or copyright to anyone else. CONTRACTOR shall not use or release these materials without the prior written consent of CITY.
5.3 Products. All equipment, materials, parts, and other components incorporated in the work or services performed pursuant to this Contract shall be new, or the latest model and of the most suitable grade for the purpose intended. All work shall be performed in a skilled and workmanlike manner. 6 PRICE
CITY shall pay to CONTRACTOR an amount not to exceed Eighty Thousand, Three Hundred and Ninety dollars ($80390.00) for the completion of all the work and services described in Section 2, which sum shall include all costs or expenses incurred by CONTRACTOR, payable as follows:
See the attached Cost Proposal - Exhibit B: RSG Cost Proposal
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
4-12Concord - Document ID: 02z4C2WEi8VL1fhC1e2m5E
7.1 CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRACTOR in accordance with state and local laws.
7.2 CONTRACTOR is an independent contractor and shall have no power or authority to incur any debt, obligation, or liability on behalf of CITY. No person employed by CONTRACTOR or acting on its behalf, in connection with this Contract shall be considered the Agent or employee of CITY.
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, 5-12Concord - Document ID: 02z4C2WEi8VL1fhC1e2m5E
as applicable, any subcontractors working on its behalf, shall defend any suit, claim or action against the Indemnified Parties founded upon such loss, claim, demand, cause of action, cost, expense, damage, obligation or liability. CONTRACTOR shall ensure that the contract of any subcontractor working under this agreement contain an indemnity agreement, requiring the subcontractor to indemnify and defend the Indemnified Parties pursuant the terms set forth above. CONTRACTOR shall indemnify the Indemnified Parties, and save it harmless from any and all loss, damage, costs, expenses and attorney's fees suffered or incurred on account of any breach of the aforesaid obligations and covenants, and any other provision or covenant of this agreement.
10 INSURANCE
10.1 CONTRACTOR, at its expense, shall maintain in effect at all times during the performance of work under this Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers listed “A” or better in the Best’s Insurance Guide and authorized to do business in the State of California.
Proof of Insurance, as identified in Section 10.8, must be reviewed and accepted by the 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 6-12Concord - Document ID: 02z4C2WEi8VL1fhC1e2m5E
Agency to the Community Redevelopment Agency of the City of Palmdale, Palmdale Civic Authority, Housing Authority, Industrial Development Authority, Airport Authority, their officers, agents, employees and volunteers are named as additional insured”.
B. “Severability of Interest” Clause.
10.4 Promptly upon execution of this Contract, and prior to commencement of any work, CONTRACTOR shall deliver to CITY certificates of insurance and endorsements to all required policies demonstrating that CONTRACTOR has the required coverage and showing the required named insured. Within five (5) days of written request from CITY, CONTRACTOR shall deliver to CITY full and complete copies of all insurance policies required by this Contract.
10.5 The requirements as to the types and limits of insurance to be maintained by CONTRACTOR are not intended to and shall not in any manner limit or qualify CONTRACTOR’s liabilities and obligations under this Contract.
10.6 Any policy or policies of insurance that CONTRACTOR elects to carry as insurance against loss or damage to its equipment and tools or other personal property used in the performance of this Contract shall include a provision waiving the insurer’s right of subrogation against CITY.
10.7 All insurance coverage must be maintained throughout the duration of this Contract.
10.8 Acceptable Proof of Insurance:
10.8.1 ACORD Certificate of Insurance listing all coverage, limits, deductibles and insured; and endorsements for all applicable coverage if agent has authority to issue it; or additional insured Form CG20100704 and CG20370704 or equivalent must be provided for general liability coverage. Additional insured form CA0001 must be provided for automobile liability coverage.
10.8.2 Binders of insurance for all coverage. Agents must confirm that policy endorsements have been ordered from the respective insurance companies. Upon issuance, policy endorsements and a corresponding Certificate of Insurance listing all insurers and coverage must be submitted to the City Attorney.
10.9 Notwithstanding any other provision of this Contract, CITY may immediately terminate this Contract if, at any time CONTRACTOR fails to maintain the required insurance for any period of time or fails to comply with any of the insurance requirements listed above.
10.10 CONTRACTOR shall require any and all subcontractors working on its behalf to provide insurance coverages and limits that are based on the scope of work and nature of risk being performed by the subcontractor. Any and all subcontractors 7-12Concord - Document ID: 02z4C2WEi8VL1fhC1e2m5E
working on behalf of CONTRACTOR shall be subject to all other insurance requirements that are stated herein.
Any deviation in this requirement will be CONTRACTOR's sole risk. CONTRACTOR's insurance requirements in Section 10 will not be impacted and/or limited by such deviation.
11 TERMINATION WITHOUT CAUSE
City reserves the right to terminate this Contract or any part thereof for its sole convenience with fifteen (15) days written notice. In the event of such termination, CONTRACTOR shall immediately stop all work hereunder, and shall immediately cause any of its suppliers and subcontractors to cease such work. CONTRACTOR shall also surrender to CITY all finished or unfinished documents, processes, programs and other supplies and materials, which shall be City’s property. As compensation in full for services performed to the date of such termination, the CONTRACTOR shall receive an amount equal to the value of the work completed as of the termination date in accordance with the fee schedule or as negotiated between the parties. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Contract.
12 TERMINATION FOR CAUSE
If CITY determines that CONTRACTOR has failed to supply an adequate working force, or to provide services of proper quality, or has failed in any other respect to satisfactorily perform the services specified in this Contract, CITY shall give written notice to CONTRACTOR specifying all defaults to be remedied within thirty (30) days.
Such notice shall set forth the basis for CITY’s dissatisfaction and suggest corrective measures. If, after thirty days, CONTRACTOR has failed to implement appropriate corrective measures, CITY may elect to terminate this Contract in whole or in part.
12.1 In the event CITY terminates this Contract, in whole or in part, for cause, CITY may procure, upon such terms and in such manner, as it may deem appropriate, services similar to those terminated.
12.2 CONTRACTOR shall provide all finished or unfinished documents, data, studies, software, drawings, programs, processes, maps, photographs, reports, etc., prepared by CONTRACTOR within fifteen (15) working days after notice of termination. Upon such termination, CONTRACTOR shall be paid an amount equal to the value of the services provided and work performed as of the date of termination, taking into consideration the costs associated with hiring another CONTRACTOR to complete the services. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete documents when such are delivered to CITY, and to authorized reimbursement expenses. The above is in addition to any other remedies available by law or equity to CITY.
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12.3 If, after notice of termination of the Contract under the provisions of this Section 12, it is determined, for any reason, that CONTRACTOR was not in default, or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 11. 13 DISPUTE RESOLUTION
All claims, disputes, and other matters in question between CITY and CONTRACTOR arising out of or relating to this Contract or the breach thereof shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. 14 OWNERSHIP OF PRODUCT
All product, data, documents, programs and software including, but not limited to, research, field notes, investigations, analysis, studies, processes, software, instructions for use and other manuals, whether complete or incomplete, which are prepared or produced in the performance of this Contract are to be, and remain the property of CITY and shall be delivered to or left with CITY upon the completion or termination of this Agreement. CONTRACTOR shall furnish CITY, upon its request, originals and reproducible and electronic copies of product, data reports, studies and of all other documents listed above. Electronic copies shall be provided in an unprotected format which allows CITY to copy, reproduce and makes changes as CITY deems necessary.
15 DELEGATION AND ASSIGNMENT
15.1 CONTRACTOR shall not delegate or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY; provided, however, that claims for money due or to become due to CONTRACTOR from CITY under this Contract may be assigned to a bank, trust company or other financial institution without such approval.
15.2 Any assignment, delegation or subcontract shall be made in the name of CONTRACTOR and shall not bind or purport to bind CITY and shall not release CONTRACTOR from any obligations under this Contract including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegates and subcontractors. No such assignment, delegation or subcontract shall result in any increase in the amount of total compensation payable to CONTRACTOR under this Contract.
16 NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
16.1 In performance of this Contract, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of sex, color, race, religion, ancestry, national origin, disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sexual orientation, age, gender, gender identity, 9-12Concord - Document ID: 02z4C2WEi8VL1fhC1e2m5E
gender expression, genetic information, or military and veteran status.
CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their sex, color, race, religion, ancestry, national origin, disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sexual orientation, age, gender, gender identity, gender expression, genetic information, or military and veteran status . Affirmative action relating to employment shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
16.2 The provisions of subsection 16.1 above shall be included in all solicitations or advertisements placed by or on behalf of CONTRACTOR for personnel to perform any services under this Contract. CITY shall have access to all documents, data and records of CONTRACTOR and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 which is incorporated herein by this reference. A copy of Executive Order No. 11246 is available for inspection at, and on file with, the Palmdale City Clerk’s Office. 17 FINANCIAL INTEREST CERTIFICATION
17.1 CONTRACTOR warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no officer or employee of the CITY has any interest, financially or otherwise, in CONTRACTOR’s firm.
17.2 For breach or violation of this warranty, CITY shall have the right to annul this Contract without liability or at its discretion to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.
18 CONFLICT OF INTEREST
18.1 CONTRACTOR stipulates that its officers and employees do not now have a conflict of interest and it further agrees for itself, its officers and its employees that it will not contract for or accept employment for the performance of any work or services with any individual business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Contract or which would cause CONTRACTOR to be “financial interested” (as provided in California Government Code Section 1090 et seq. or 87100 et seq.) in any contract or decision made by CITY on any matter.
18.2 CONTRACTOR shall not employ any City official or employee to perform any work required pursuant to this Contract.
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18.3 To the extent required by the City Manager or his designee, CONTRACTOR shall complete and file with the City Clerk a Form 700 Statement of Economic Interests disclosing any reportable property interests, income, gifts, investments, or business positions.
19 COMPLIANCE WITH LAW
19.1 CONTRACTOR shall comply with all state and federal laws, including but not limited to, the requirement to hire only those persons authorized by federal law to work in the United States. If CONTRACTOR uses any subcontractors to complete this Contract, this same requirement shall be included in all subcontracts and strictly enforced by CONTRACTOR.
19.2 The law of the state of California shall govern this Contract. The venue of any legal action, either formal or informal, shall be the County of Los Angeles.
19.3 If applicable, CONTRACTOR acknowledges and understands it must comply with the prevailing wage requirements as set forth in Exhibit “A” attached hereto and incorporated herein by reference, as well as the execution of a Worker’s Compensation Certificate attached hereto as Exhibit “B” and incorporated herein by reference.
20 NOTICES
Any notice required under this Contract shall be in writing, addressed to the appropriate party at its address on the signature page and given personally or by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt.
21 ENTIRE AGREEMENT AND AMENDMENTS
21.1 This Contract is the complete Agreement between the parties and supersedes all prior proposals, agreements, and understandings between the parties and may not be modified or terminated orally.
21.2 No attempted waiver of any of the provisions hereof, nor any modification in the nature, extent or duration of the work to be performed by CONTRACTOR hereunder, shall be binding unless in writing and signed by the party against whom the same is sought to be enforced.
21.3 The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party’s right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract. 11-12Concord - Document ID: 02z4C2WEi8VL1fhC1e2m5E
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: RSG, INC.:
Ronda Perez
City Manager
Tara Matthews
Principal
ADDRESS FOR NOTICE:
CITY OF PALMDALE
38250 Sierra Highway
Palmdale, CA 93550
ADDRESS FOR NOTICE:
RSG, INC.
170 Eucalyptus Avenue, Suite 200
Vista, CA 92084
APPROVE AS TO FORM:
William P. Curley, III
City Attorney
ATTEST:
Roxanne Faber
City Clerk
---------------------------------------- INTERNAL USE ONLY ----------------------------------------
■Certificate(s) and Endorsement(s) attached
■Confirmed business name on contract with certificate(s) ■Attached Agreement Checklist and met all requirements
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City Council Staff Report
DATE: SEPTEMBER 2, 2025
TO: HONORABLE MAYOR PRO TEM AND CITY COUNCIL
FROM: PARKS & RECREATION DEPARTMENT
DISTRICT: 2
SUBJECT: APPROVE THE DEACCESSION OF THE BACK HOME SCULPTURE
AT THE PALMDALE TRANSPORTATION CENTER IN
ACCORDANCE WITH THE PUBLIC ART COMMISSION’S
DEACCESSION OF ARTWORK POLICY AND CHAPTER 15.01 OF
THE PALMDALE MUNICIPAL CODE
RECOMMENDATION
Staff recommend the City Council:
Approve the deaccession of the Back H ome sculpture at the Palmdale Transportation Center (PTC) in accordance with the Public Art Commission’s Deaccession of Artwork Policy and Chapter 15.01 of the Palmdale Municipal Code.
BACKGROUND
In 2014, the sculpture “ Back Home” by Sol Mesz was installed at the PTC . The artist crafted the sculpture from repurposed materials, adorned with recycled glass leaves.
The artist fused glass components, while the City’s Maintenance staff constructed the branches using repurposed materials. Notably, t his project was completed prior to the adoption of the Public Art Master Plan and Municipal Public Art Guidelines.
DISCUSSION
The materials selected by the artist did not withstand the harsh Antelope Valley climate.
Over time, the components have failed, causing the piece to deteriorate. In 2018, a welder was hired to restore the piece and extend its longevity, with the artist’s approval.
Unfortunately, the piece has continued to decline, no longer representing the artist’s original intention. Considering the materials used and the environmental conditions it was exposed to for over a decade, the lifespan of this sculpture has reached its end.
Report to Mayor Pro Tem and City Council
Re: Deaccession of Back Home Sculpture
September 2, 2025
Staff reached out to the artist, who has declined to claim the sculpture. Considering the following criteria specified in the Deaccession of Artwork Policy, staff recommend proceeding with the deaccession of this piece:
The condition or security of the artwork cannot be reasonably guaranteed; The artwork requires excessive maintenance or has faults of design, materials, or workmanship, and repair or remedy is impractical or unfeasible; The artwork has been damaged or has deteriorated, and repair or remedy is impractical or unfeasible; and,
The artwork’s physical or structural condition poses a threat to public safety. Alteration or disassembly of the original artwork prohibited under the Visual Artists Rights Act (VARA).
The Public Art Commission reviewed this item on March 25, 2025, and recommend the deaccession of the Back Home Sculpture for City Council approval in accordance with Chapter 15.01 of the Palmdale Municipal Code.
Additionally, a new sculpture for the roundabout at the PTC was approved as part of the Five-Year Public Art Work Plan, aiming to enhance the overall aesthetic of this regional transportation hub.
FISCAL IMPACT
$1,000; for the removal and disposal of the Back Home sculpture. Funds are budgeted and available in FY 2025-26 in the Public Art Contract Services account.
STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.
C. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programming that promotes active fun for everyone.
Prepared by: Keri Smith, Director of Parks & Recreation Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Sal Mendez, City Manager Pro Tem
Approved as to form: Alexandra M. Halfman, City Attorney
ATTACHMENTS
Deaccession of Artwork Policy
1 CITY OF PALMDALE
PUBLIC ART
PROGRAM
DEACCESSION OF ARTWORK POLICY
PURPOSE
The Public Art Program maintains the City of Palmdale’s collection of artwork for the benefit of Palmdale citizens. Removing an artwork from the collection (deaccessioning) is a delicate matter and must be managed according to strict guidelines, outlined below.
When necessary, the Public Art Program, with the input of the Public Art Commission, will incorporate into this policy additional guidelines. No work may be deaccessioned until the appropriate guidelines set forth below have been observed.
POLICY
1. Any proposal for removal, destruction, or relocation of an artwork will be submitted to the Public Art Coordinator and reviewed by the Public Art Commission according to the policies and procedures contained herein and will be deliberate and independent of political pressures, fluctuations in artistic taste, popularity, and public opinion.
2. Deaccession will be undertaken only after issues such as artist’s rights, public benefit, censorship, copyrights, and legal obligations have been carefully considered. The final decision with respect to deaccession of artworks owned by the City will rest with the Public Art Coordinator upon approval by the Public Art Commission.
3. As needed , the City’s artwork collection will be evaluated by the Public Art Coordinator and reported to the Public Art Commission to determine the condition of each artwork and determine whether there is artwork that should be deaccessioned.
DEFINITIONS
ARTISTS: Individuals recognized by critics and peers as professional practitioners of the visual arts based on the quality of their body of work, educational background and experience, past public commissions, sale of works, exhibition record, publications, and production of artwork.
2 ARTWORK: Works created uniquely by an artist and as defined in Chapter 15.01.040 of the Palmdale Municipal Code.
DEACCESSION: The procedure for the removal of an artwork owned by the City and the determination of its future dispensation.
DEACCESSION NOTIFICATION: A written letter to the artist or donor referencing the applicable condition(s) of the artwork and describing reasons why the deaccession review needs to be undertaken.
GUIDELINES
It is important for the City of Palmdale to retain the right to remove any artwork on City - owned land and in City -owned facilities. Any artwork owned by the City may be eligible for deaccession with the exception of an artwork that is accompanied by verified legal stipulations that the artwork may not be deaccessioned. During the review process, the artwork will remain accessible to the public in its existing location unless it poses a threat to public safety.
Artwork may be reviewed for deaccession at any time at the initiative of the Public Art Coordinator or Public Art Commission members. Review also may be initiated by the artist regarding the artwork she/he created, by an artist’s designated heir(s), or by legally recognized representative(s).
Artwork may be considered for review for deaccession if one or more of the following criteria apply:
1. The condition or security of the artwork cannot be reasonably guaranteed.
2. The artwork requires excessive maintenance or has faults of design, materials or workmanship and repair, or remedy is impractical or unfeasible.
3. The artwork has been damaged or has deteriorated and repair or remedy is impractical or unfeasible.
4. The artwork’s physical or structural condition poses a threat to public safety.
5. The artwork is proved to be inauthentic or in violation of existing copyright laws.
6. The artwork is not, or is only rarely, on display because the City lacks a location for its display.
7. No suitable site is available for relocation or exhibition, or significant changes in the use, character or design of the sit e have occurred which affect the integrity of the artwork.
8. Changes to the site have significantly limited or prevented the public’s access to the artwork.
3 9. The site where the artwork is located is undergoing privatization.
10. Deaccession is requested by the artist.
11. If there are more that six works (excluding editions of prints) by the same artist in the City-owned portable collection, or more than three permanently installed works on public display in the City-owned collection or in private development, the Public Art Coordinator may recommend to the Palmdale Public Art Commission that the City retain only a representative selection of the artist’s work.
12. If the artwork has been lost, stolen, or is missing, the Public Art Commission may approve formally deaccessioning it from the collectio n while retaining a record in the collection database showing that the artwork has been deaccessioned.
PROCEDURES
Deaccession will begin with a formal Deaccession Request letter which can be initiated by the Public Art Commission, the Public Art Coordina tor, the artist, or the artist’s designated heirs or legally appointed representative. The Deaccession Request will be submitted to the Public Art Coordinator and will describe the applicable condition(s) outlined in the Guidelines above, and the reasons why the deaccession review needs to be undertaken. A Deaccession Request must also contain information about the requestor’s relationship to the artwork and stake in deaccessioning the artwork.
Deaccession Requests will be reviewed by the Public Art Coordinator who will make every reasonable effort to contact the artist who created the artwork named in the Deaccession Request and any other known parties with a vested interest in the artwork. When permanently sited artworks are proposed for deaccession, the Public Art Commission will convene at a regularly scheduled meeting to discuss the reasons deaccessioning is being considered, and to gather comments on the deaccession proposal. The Public Art Coordinator will present a deaccession recommendation to t he Public Art Commission, which may decide to convene an ad hoc committee comprised of practicing conservators, art appraisers, registrars, and/or other visual arts professionals to review and advise the Public Art Commission on the Deaccession Request. In presenting the Deaccession Request, the Public Art Coordinator will provide the necessary information to the Public Art Commission, from, but not limited to, the following list:
1. Artist’s name, biographical information, samples of past artwork, and resume.
2. A written description and images of the artwork
3. Artist’s statement about the artwork named in the Deaccession Request.
4. A description of the selection/acquisition process and related costs that was implemented at the time the artwork was selected.
5. A formal appraisal of the artwork provided by a qualified art appraiser.
4 6. Information about the origin, derivation, history, and past ownership of the artwork.
7. A warranty of originality of the artwork.
8. Information about the condition of the artwork and the estimate cost of its conservation provided by a qualified visual arts conservator
9. Information about the images of the artwork’s site.
10. For permanently sited artwork: Information about how community feedback about the artwork was collected and the outcome of that feedback.
11. Feedback from the Director of the City department responsible for operating and maintaining the artwork site.
12. A detailed budget of all aspects of conservation, maintenance, repair, installation, operation, insurance, storage, and City staff support.
13. The artist’s contract with donor or comparable legally binding document with Proof of Title.
14. Deed of gift restrictions, if any.
DEACCESSION REVIEW CRITERIA
A. In addition to the condition and security of the artwork as stated above, the review criteria for Deaccession Requests includes, as appropriate:
1. ARTISTIC EXCELLENCE: Qualifications and professional reputation of the artist; craftsmanship, conceptual content, style, form.
2. VALUE OF ARTWORK as determined by a professional appraiser.
3. RELATIONSHIP TO EXISTING COLLECTION OF ARTWORKS: Style, form, scale, diversity, quantity, quality, longevity, and compatibility with the existing collection of artwork and goals of the Public Art Program.
4. AVAILABILITY OF CITY SUPP ORT: The availability of necessary funding for conservation, maintenance, and/or repair; exhibition and storage space; real property for siting artwork; and City staff support.
5. RELATIONSHIP TO SITE: Accessibility, public safety, and social, cultural, historical, ecological, physical, and functional context of the artwork in relation to the site, both existing and planned.
6. LEGAL CONSIDERATIONS: Issues related to liability, insurance, copyright, warranties, ownership, theft, vandalism, loss, indemnification , and public safety. The City Attorney shall review the recommendation of the Public Art Program and the Public Art Commission to determine whether there are any 5 legal restrictions that would prevent deaccessioning the object. The City Attorney’s approval must be obtained.
7. TIMING: Safety or hazard emergencies, relevant construction schedules, and the allowance of sufficient time for a normal review process.
8. ACQUISITION PROCESS: Method by which the artwork was acquired and accessioned into the collection of artworks ( i.e., donation, loan, commission).
9. COMMUNITY FEEDBACK: Community feedback about the artwork, its site, and its condition solicited via a publicly noticed meeting or placed on the agenda of the Palmdale Public Art Commission.
10. RESTRICTIONS: Any recognized restrictions associated with the artwork.
B. Members of the Public Art Commission may request to view the actual artwork during the Deaccession Review process.
C. The Public Art Commission will make a recommendation to City Council, with or without conditions, or reject the Deaccession Request based on the review criteria described in this policy. City Council makes final decisions on Public Art Commission recommendations regarding deaccession of artwork
REMOVAL PROCESS
The deaccessioned artwork will be removed from the collection of artworks through methods administered by the Public Art Program. In all cases, the artist or the artist’s designated heir(s), or legally recognized representative(s) will be given, when poss ible and within a reasonable time frame, the opportunity to purchase the artwork for the fair market value (as determined by a qualified art appraiser), or, if the artwork is determined to be of negligible value, the artist will be given the opportunity to claim the artwork at the artist’s own cost.
A. When the artist does not purchase or claim the deaccessioned artwork, the methods which may be utilized to remove artwork through public negotiations include but are not limited to:
1. Sale. Proceeds from the sa le will be deposited into the Public Art Fund.
Written acknowledgement by Finance to place revenues from the sale of deaccessioned artwork into the Public Art Fund, must be obtained. Legal public notice regarding the sale will be published in local newspapers.
i. The artist/donor will be given the right of first refusal to reacquire the work at fair market value, original price, or nominal value, depending on the recommendation of the Public Art Commission. The cost of removal of the artwork may be reflected in the amount set.
ii. Sell the work through a dealer.
6 iii. Sell the work through sealed bidding or public auction.
2. Trade or exchange of a deaccessioned artwork for another by the same artist.
3. Donation of deaccessioned artwork to a non-profit organization, institution, or agency.
4. Destruction. This method shall only be used in the following instances:
i. The entire artwork has been damaged or has deteriorated and repair or remedy is impractical or unfeasible.
ii. Most of the artwork has been damaged or has deteriorated and repair or remedy is impractical or unfeasible, and any remaining intact parts of the artwork are deemed to have negligible value, and the artist is not willing to claim the remaining parts at the artist’s own cost.
iii. Public safety can be protected only by destroying the artwork.
iv. Every effort to locate the artist, kin or donor has failed.
B. When possible, the method for removing the artwork from the collection of artworks will be selected to ensure that the highest reasonable price is received. Any profits received by the City through the sale, trade, or auction of a deaccessioned artwork will be deposited into the Public Art Fund administered by the Public Art Program.
C. In keeping with the California Resale Royalties Act, Civic Code Section 986, if a deaccessioned work is sold or exchanged, 5% of the sale price or exchange value of any work over $1,000 will be given to the artist who created the work, provided that the artist can be located by reasonable means. If the artist cannot be found, the Resale Royalties shall be transferred to the California State Arts Council, a state agency.
D. The Public Art Coordinator will remove acquisition numbers and labels from the artwork and coordinate its physical removal from the City’s collection.
E. The Public Art Coordinator will report on the sale or exchange of artwork at the next regularly scheduled meeting of the Public Art Commission, following receipt of all funds or the completion of the sale, exchange, or donation.
F. The Public Art Coordinator will transmit a report informing the City Council of the removal of the artwork from the City’s collection.
G. The Public Art Coordinator will maintain a Deaccession File that includes individual folders on each deaccessioned artwork. These files will include all documentation regarding the artwork.
7 H. Artworks may not be sold, traded, or donated to current employees of the City of Palmdale, their business partners, or their immediate family members. Current elected officials, Palmdale Public Art Commission members, their business partners, and their immediate family members may not buy, receive, or own any artwork which has been deaccessioned from the collection of artworks.
Nothing in these guidelines will limit the City’s ability to take appropriate action to protect public health and safety in the event of an emergency.
City Council Staff Report
DATE: SEPTEMBER 2, 2025
TO: HONORABLE MAYOR PRO TEM AND CITY COUNCIL
FROM: PARKS AND RECREATION DEPARTMENT
DISTRICT: ALL
SUBJECT: APPROVE FIRST AMENDMENT TO AGREEMENT WITH
BRIGHTLIFE DESIGNS, LLC , FOR HOLIDAY LIGHT DECORATING
SERVICES, INCREASING THE AGREEMENT BY $ 450,000 FOR A
TOTAL NOT TO EXCEED AMOUNT OF $574,000 FOR A TWO-YEAR
TERM THROUGH OCTOBER 2 , 2026, WITH THE OPTION TO
EXTEND ONE ADDITIONAL ONE-YEAR TERM
RECOMMENDATION
Staff recommend that the City Council:
1. Approve First Amendment to Agreement No. A -9049 with BrightLife Designs, LLC, for holiday light and decorations services, increasing the agreement by $450,000 for a total not to exceed amount of $574,000 for a three-year term through October 2, 2026, with the option to extend one additional one-year term;
2. Authorize the City Manager Pro Tem or h is designee to execute the First Amendment to Agreement No. A -9049 with BrightLife Designs, LLC , including minimal and/or non-substantial changes; and,
3. Authorize the City Manager Pro Tem or his designee to exercise the option to extend two additional one-year terms.
BACKGROUND
BrightLife Designs, LLC, a premier provider of commercial lighting and h oliday décor, specializes in creating custom holiday light displays , delivering tailor -made designs, professional installation, removal, and complete turnkey services, including storage.
In 202 4, a Request for Proposal (RFP) was issued to secure a holiday light and decoration vendor, leading to the selection of BrightLife Designs, LLC. A one -year contract was executed, with an option to extend it to two additional one-year terms.
Report to Mayor Pro Tem and City Council
Re: Approve First Amendment Agreement No. A-9049 with BrightLife Designs, LLC.
September 2, 2025
DISCUSSION
City staff are pleased with the quality and professionalism demonstrated by BrightLife Designs, LLC, in providing holiday lighting and décor for Poncitlán Square during the 2024 holiday season. Their work received positive community feedback, attracting thousands of vis itors from Thanksgiving through New Year’s. BrightLife Designs incorporated City -owned decorations into the display and worked closely with City maintenance staff to ensure proper power distribution to each installation.
In 2025, BrightLife Designs will expand the holiday display to include décor around the Civic Center and an enhanced presentation within Poncitlán Square. The Parks and Recreation Department will further activate the space with seasonal programming such as a movie night, liv e music, and pictures with Santa, complementing the expanded display. In addition, as part of America’s Semiquincentennial (250th) anniversary on July 4, 2026, BrightLife Designs will install a patriotic display in Poncitlán Square, anticipated to be one of the City’s primary attractions for this historic celebration.
FISCAL IMPACT
$450,000; Funds are budgeted in the Measure AV Special Events account . Annual funding necessary for these expenses will be evaluated and approved as part of the City’s budget adoption process.
STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.
A. Manage resources, costs, and liability to ensure the City’s long -term fiscal health.
Goal IV: Maintain a desirable community where everyone wants to live, work, and play.
A. Support opportunities to celebrate rich traditions and diverse cultures in the community.
Prepared by: Keri Smith, Director of Parks and Recreation 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, City Attorney
ATTACHMENTS
Agrmt. No. A-9049 First Amendment with BrightLife Designs, LLC.
Agrmt. No. A-9049 BrightLife Designs, LLC.
1ST AMENDMENT TO AGREEMENT A- 9049
BETWEEN THE CITY OF PALMDALE AND BRIGHTLIFE DESIGNS, LLC
This 1st Amendment to Agreement No. A-9049 (“Agreement”) is made and entered into by and between the City of Palmdale (hereinafter called “CITY”) and BRIGHTLIFE DESIGNS, LLC (hereinafter called "CONTRACTOR"). This Contract shall become effective on the date of the last signatory.
WHEREAS, on October 2, 2024 ("Original Agreement") the CITY and CONTRACTOR entered into an agreement to provide:
To provide the installation and removal of Holiday lights in Poncitlan Square
WHEREAS, the parties desire to amend the Original Agreement to:
Amend contract to increase contract price and extend contract for one (1) additional year with the option to extend one (1) additional one-year term.
NOW THEREFORE, the parties agree as follows:
1. Section 5 of the Agreement, PRICE, is hereby increased by an additional Four Hundred Fifty Thousand Dollars ($450,000.00) bringing the total amount of the contract to Five Hundred Seventy-Four Thousand Dollars ($574,000.00).
2. Section 4 of the Agreement, CONTRACT TERM is hereby extended for one (1) additional year, commencing on October 2, 2025, with the option to extend one (1) additional one-year term.
3. All other terms and conditions remain in full force and effect.
All other terms and conditions of the Original Agreement not amended herein, remain in full force and effect.
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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:
BRIGHTLIFE DESIGNS, LLC:
Salvador Mendez
City Manager Pro Tem
Joe Castro
Designer & Project Manager
ADDRESS FOR NOTICE:
CITY OF PALMDALE
827 East Avenue Q-9
Palmdale, CA 93550
ADDRESS FOR NOTICE:
BRIGHTLIFE DESIGNS, LLC
16351 Gothard Street, Suite C
Huntington Beach, CA 92647
APPROVE AS TO FORM:
Alexandra Halfman
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
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Record of Signing
Signed with https://www.concord.app/
For
Name
Title
Signed on 2025-08-20 20:16:47 GMT
Secured by Concord™
DocumentID: 030oZ21QBDuLwcjvPy9cf5
SigningID: 030oZ21PaxcvGUNXjA7Qvs
Signing date: 8/20/2025
IP Address: 206.171.111.149
Email: [email protected]
For
Name
Title
Signed on 2025-08-21 07:17:00 GMT
Secured by Concord™
DocumentID: 030oZ21QBDuLwcjvPy9cf5
SigningID: 030opEZabCfINKGglEaqya
Signing date: 8/21/2025
IP Address: 47.146.187.119
Email: [email protected]
AGREEMENT NO. A-9049
CONTRACT FOR SERVICES
BETWEEN THE CITY OF PALMDALE AND BRIGHTLIFE DESIGNS, 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 BRIGHTLIFE DESIGNS, LLC, a business in the state of California , (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 Parks and Recreation 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:
CONTRACTOR shall provide the installation and removal of lights as described in Exhibit A.
2.2 CONTRACTOR shall have no claim for compensation for any services or work, which has not been authorized by CITY’s Authorization to Proceed.
2.3 CONTRACTOR shall not accept any change of scope, or change in contract provisions, to this Contract unless issued in writing, as a contract change order or amendment and signed by CITY. Any extensions of time must be mutually agreed upon in writing and executed by both parties.
2.4 CONTRACTOR shall maintain in current status all Federal, State, and local licenses and permits required for the operation of the business conducted by the CONTRACTOR as applicable to this contract.
2.5 All work supplied under this Contract shall be fully guaranteed by CONTRACTOR for a minimum period of 365 days from the date of acceptance by 1-12Concord - Document ID: 02xnj1cYo2b9jHCA4E1X5t
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:
Joe Castro
Owner
Will Gugerty
Project Management and New Business Development
Jake Smith
Project Manager
This Services Contract has been awarded to CONTRACTOR based on its representation that those personnel and subcontractors submitted as part of its bid and listed above will perform the portions of the work listed above.
CONTRACTOR shall not deviate nor substitute any of these team members without prior written approval by CITY.
3.2 Subcontractors. During the performance of the Agreement, CONTRACTOR may engage such additional SUBCONTRACTORS as may be required for the timely completion of this Agreement. In the event of subcontracting, the sole responsibility for fulfillment of all terms and conditions of this Agreement rests with CONTRACTOR.
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. 2-12Concord - Document ID: 02xnj1cYo2b9jHCA4E1X5t
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 ONE (1) YEAR, commencing on the effective date, with CITY reserving the option to extend the agreement for 2 additional terms of one year each.
5 ACCEPTANCE AND DOCUMENTATION
Each task shall be reviewed and approved by the Contract Project Manager to determine acceptable completion.
5.1 Records. The CONTRACTOR shall retain and shall contractually require each SUBCONTRACTOR to retain all data and other “records” relating to the acquisition and performance of the Contract for a period of five years after the completion of the Contract.
5.2 Property of CITY. All materials, including reports, computer programs and other deliverables, supplied or created under this Contract are the sole property of CITY. CONTRACTOR is not entitled to a patent or copyright on those materials and may not transfer the patent or copyright to anyone else. CONTRACTOR shall not use or release these materials without the prior written consent of CITY.
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. 3-12Concord - Document ID: 02xnj1cYo2b9jHCA4E1X5t
6 PRICE
CITY shall pay to CONTRACTOR an amount not to exceed One hundred twenty four thousand dollars dollars ($124000.00) for the completion of all the work and services described in Section 2, which sum shall include all costs or expenses incurred by CONTRACTOR, payable as follows:
CITY shall pay a deposit of $48,935.00 to CONTRACTOR upon the execution of this contract. Remaining balance will be paid to CONTRACTOR at the conclusion of service.
6.1 An application for payment form must be submitted to CITY which shall include the following: a clear, detailed invoice reflecting work being billed for, a summary sheet showing percentage of work completed to date, amount/percent billed to date and current status of all tasks within a project; any/all backup documentation supporting the above items. Work schedule updates must also be included with the payment requests.
6.2 CONTRACTOR shall maintain adequate records and shall permit inspection and audit by CITY of CONTRACTOR’s charges under this Contract. CONTRACTOR shall make such records available to CITY during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records, and they will be available only to CITY and any specified public agencies. Such records shall be maintained by CONTRACTOR for one (1) year following completion of the work under this Contract unless a longer period of time is required by state or federal law, in which event CONTRACTOR shall retain its records for the time required by such laws.
6.3 Payment. A separate invoice shall be issued for each shipment of material or service performed, and no payment will be issued prior to receipt of material and/or completion of specified services and receipt of a correct invoice. 7 TAXES
7.1 CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRACTOR in accordance with state and local laws.
7.2 CONTRACTOR is an independent contractor and shall have no power or authority to incur any debt, obligation, or liability on behalf of CITY. No person employed by CONTRACTOR or acting on its behalf, in connection with this Contract shall be considered the Agent or employee of CITY.
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.
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7.4 When equipment, materials or supplies generally taxable to CONTRACTOR are eligible for a tax exemption due to the nature of the work, CONTRACTOR shall assist the City in applying for and obtaining such tax credits and exemptions, which shall be paid or credited to the City.
8 PATENT FEES AND ROYALTIES
CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use, in the performance of the work or the incorporation in the work of any invention, design, process, program, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, program, product or device is specified in the contract documents for use in the performance of the work and if, to the actual knowledge of CITY, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by CITY in the contract documents.
CONTRACTOR shall indemnify and hold harmless CITY and anyone directly or indirectly employed by CITY from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the work, or resulting from the incorporation in the work of any invention, design, process, program, product or device not specified in the contract documents, and shall defend all such claims in connection with any alleged infringement of such rights. 9 INDEMNIFICATION
To the fullest extent permitted by law, CONTRACTOR and any subcontractors working on its behalf agree to indemnify CITY, its officers, employees, agents and elected and appointed boards (hereinafter “Indemnified Parties”) for any loss, claim, demand, cause of action, cost, expense, damage, obligation or liability which arises out of or is in any way connected with the performance of any work under this agreement, including any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of CONTRACTOR, or its subcontractors, and regardless of any acts, omissions or negligence (whether active or passive) of any person or entity indemnified hereunder. At their own expense, CONTRACTOR and, as applicable, any subcontractors working on its behalf, shall defend any suit, claim or action against the Indemnified Parties founded upon such loss, claim, demand, cause of action, cost, expense, damage, obligation or liability. CONTRACTOR shall ensure that the contract of any subcontractor working under this agreement contain an indemnity agreement, requiring the subcontractor to indemnify and defend the Indemnified Parties pursuant the terms set forth above. CONTRACTOR shall indemnify the Indemnified Parties, and save it harmless from any and all loss, damage, costs, expenses and attorney's fees suffered or incurred on account of any breach of the aforesaid obligations and covenants, and any other provision or covenant of this agreement.
10 INSURANCE
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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, 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. 6-12Concord - Document ID: 02xnj1cYo2b9jHCA4E1X5t
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.
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, 7-12Concord - Document ID: 02xnj1cYo2b9jHCA4E1X5t
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, 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
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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, 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.
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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 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.
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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. 11-12Concord - Document ID: 02xnj1cYo2b9jHCA4E1X5t
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: BRIGHTLIFE DESIGNS, LLC:
Ronda Perez
City Manager
Joe Castro
Designer & Project Manager
ADDRESS FOR NOTICE:
CITY OF PALMDALE
827 East Avenue Q-9
Palmdale, CA 93550
ADDRESS FOR NOTICE:
BRIGHTLIFE DESIGNS, LLC
16351 Gothard Street, Suite C
Huntington Beach, CA 92647
APPROVE AS TO FORM:
William P. Curley, III
City Attorney
ATTEST:
Roxanne Faber
City Clerk
---------------------------------------- INTERNAL USE ONLY ----------------------------------------
■Certificate(s) and Endorsement(s) attached
■Confirmed business name on contract with certificate(s) ■Attached Agreement Checklist and met all requirements
12-12Concord - Document ID: 02xnj1cYo2b9jHCA4E1X5t
Record of Signing
Signed with www.concordnow.com
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Signed on 2024-09-27 01:10:02 GMT
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Signing date: 9/27/2024
IP Address: 206.171.111.149
Email: [email protected]
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Signing date: 10/1/2024
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IP Address: 206.171.111.149
Email: [email protected]
City Council Staff Report
DATE: SEPTEMBER 2, 2025
TO: HONORABLE MAYOR PRO TEM AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
INNOVATION & ENVIRONMENTAL DIVISION
DISTRICT: ALL
SUBJECT: ENERGY FOR PALMDALE'S INDEPENDENT CHOICE (EPIC) 2024
POWER SOURCE DISCLOSURE ATTESTATION
RECOMMENDATION
Staff recommend that the City Council:
1. Formally attest to the accuracy of the information included in the 2024 Annual Power Source Disclosure Report prepared based on the California Choice Energy Authority’s (CalChoice) technical review for the EPIC Community Choice Aggregation (CCA) program.
BACKGROUND
EPIC is required to submit this staff report and related meeting minutes to the California Energy Commission ( CEC) per Power Source Disclosure Program regulations to demonstrate compliance. For the 2024 reporting cycle, CEC staff will generate the Power Content Labels (PCLs) on behalf of retail suppliers, including EPIC. CEC staff aim to provide the 2 024 PCLs to retail suppliers by mid -September 2025. The requirement for retail suppliers to provide the PCL to the CEC by October 1, 2025, will be considered fulfilled without additional action. EPIC will be required to display the 2024 PCL on its website by October 1, 2025, and provide written promotional materials to its customers by December 31, 2025.
To fulfill its Power Source Disclosure Program reporting obligations for 2024, EPIC , as a public agency, must provide the CEC with the City Council’s attestation regarding the accuracy of information included in the annual Power Source Disclosure Report.
DISCUSSION
California Public Utilities Code requires all retail sellers of electric energy, including EPIC, to disclose “accurate, reliable, and simple -to-understand information on sources Report to Mayor Pro Tem and City Council
Re: EPIC - 2024 Power Source Disclosure Attestation
September 2, 2025
of energy” that are delivered to their respective customers via an annual PCL. The PCL is analogous to a nutrition label, conveying information regarding the various power sources/products that are procured on behalf of each retail electricity customer. Each of California’s retail electricity sellers, including EPIC, will have unique PCLs based on internally adopted procurement policies, statutory procurement mandates, and re lated power purchases that were completed during the reporting year.
The PCL format is highly prescriptive, offering little flexibility to retail sellers when presenting such information to customers . The CEC administers these requirements under Californ ia’s Power Source Disclosure Program. Information presented in each PCL includes the proportionate share of total energy supply related to specific fuel sources/resource categories, including both renewable and conventional generating technologies.
An emission factor for each retail service offering, as calculated using the CEC’s prescribed methodology, is also provided in the PCL. If a retail seller procures a certain percentage of its energy requirements from the market at large (meaning, sources o f power that cannot be traced back to a specific generator), the PCL must identify such purchases as “unspecified sources of power.” It is common for most retail electricity sellers to utilize “unspecified power.”
In accordance with statewide mandates an d internally adopted planning targets, EPIC procured a substantial portion of its electric energy supply from generating resources utilizing various renewable fuel sources in 2024. Renewable fuel sources may include biomass & waste, hydroelectricity, solar, geothermal and wind.
For EPIC Power customers, please note that 4 7% of total energy supply was sourced from RPS-eligible (CEC certified) renewable energy resources in 2024. For EPIC Power 100, 100% of the energy delivered was sourced from renewable energy resources.
While developing EPIC’s data for the 2024 PCL, CalChoice and its technical consultants performed a detailed review of all power purchases completed for the 2024 calendar year. The review performed by CalChoice and its technical consultants found no inaccuracies or inconsistencies in such information, which was subsequently entered in EPIC’s annual Power Source Disclosure report.
To fulfill its attestation requirements for 2024, Council is being asked to provide an attestation covering EPIC’s Annual Report.
Consistent with applicable regulations, all customers currently enrolled in the EPIC program will receive the 2024 PCL via electronic communication or U.S. mail on or before December 31, 2025. Additionally, the 2024 PCL will be display ed on the EPIC website by October 1, 2025.
Report to Mayor Pro Tem and City Council
Re: EPIC - 2024 Power Source Disclosure Attestation
September 2, 2025
Based on reviews previously completed by staff and CalChoice’s technical consultants, staff request that the City Council provide the requisite attestation at this time. Upon approval, a copy of this staff report and related meeting minutes will be forwarded to the CEC, thereby completing EPIC’s attestation requirements under California’s Power Source Disclosure Program for the 2024 calendar year.
FISCAL IMPACT
$0; There is no fiscal impact associated with this action.
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.
Goal III: Invest in infrastructure to improve community livability.
B. Implement and administer environmentally sustainable programs.
ATTACHMENT
EPIC 2024 Power Source Disclosure Annual Report
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, City Attorney
Version: April 2025
Submit the Annual Report and signed Attestation in PDF format with the Excel version of the Annual Report to [email protected]. Remember to complete the Retail Supplier Name and contact information above.
NOTE: Information submitted in this report is not automatically held confidential. If your company wishes the information submitted to be considered confidential an authorized representative must submit an application for confidential designation California Energy Commission's website.
If you have questions, contact Power Source Disclosure (PSD) staff at [email protected] or (916) 639-0573.
EMAIL [email protected]
WEBSITE URL
FOR PCL
POSTING
https://palmdaleepicenergy.com/
MAILING 1839 Iron Point Road, Suite 120
CITY, STATE, ZIP Folsom, CA 95630
PHONE 916-936-3300
TITLE Consultant
2024 POWER SOURCE DISCLOSURE ANNUAL REPORT
For the Year Ending December 31, 2024
Retail suppliers are required to use the posted template and are not allowed to make edits to this format. Please complete all requested information.
GENERAL INSTRUCTIONS
RETAIL SUPPLIER NAME
City of Palmdale d/b/a "Energy for Palmdale's Independent Choice"
CONTACT INFORMATION
NAME Kirby Dusel
Annual Data
Instructions:
1. Enter the electricity portfolio name in cell O25 and additional electricity portfolio names as needed in cells P25-V25.
2. Enter information about all power procurements and retail sales. Insert additional rows as needed. All fields in white should be filled out. Fields in grey auto-populate as needed and should not be filled out.
3. For all specified purchases, enter the facility name, fuel type, state or province, WREGIS ID of REC source, RPS ID of REC source, EIA ID of delivered energy, gross MWhs procured, and specified resales MWhs.
4. For firmed-&-shaped procurements specifically, enter all fields from step 3. Additionally, enter the EIA ID of the substitute power in the "EIA ID of delivered energy" field and select "Yes" in the "Firmed-&-Shaped Resource?" field. If the associated GHG emissions are eligible for firmed-&-shaped grandfathering, select "Yes" in th
5. Proxy EIA IDs for unspecified power and specified system mixes from asset-controlling suppliers have been provided. Enter "Unspecified Power", "BPA", or "Tacoma Power" as applicable.
6. Proxy EIA IDs for aggregated reporting of WAPA CVP or PCIA resoures; Enter "CVP", "PCIA Solar", "PCIA Wind", "PCIA Eligible Hydro", or "PCIA Large Hydro" as applicable.
7. Procurements of unspecified power must not be entered as line items below; unspecified power will be calculated automatically in the individual electricity portfolio tables to the rightafter all specified resources have been allocated.
8. Allocate net MWhs procured to each electricity portfolio until the loads are balanced across each portfolio. If the total Net MWhs Procured exceeds the total retail sales of all portfolios, allocate only enough MWh to meet the retail sales of each portfolio.
Over allocation
check ✓
Under allocation
check
✓
Coal check ✓
Negative
oversupply check ✓
Retail Sales 243.307 492150.933
Unmet Load
0 277276 0 0
Facility Name Fuel Type State or
Province
WREGIS ID
of REC
source
RPS ID of
REC
source
EIA ID of
delivered
energy
Gross
MWhs
Procured
Specified
Resales
MWhs
Net MWhs
Procured
Firmed &
Shaped
Resource?
Eligible for Firmed
& Shaped
Grandfathering?
Total EF
(MT
CO2e/MWh)
Total
GHGs
PCL EF
(MT
CO2e/MWh)
EPIC Power100 EPIC Power Electricity Portfolio
#3 Name
Electricity Portfolio
#4 Name
67RK 8ME, LLC - Redcrest Solar FarmSolar CA W4780 62642A 58831 172 172 0.0000 0.0000 172 Adelanto Solar II, LLC - Adelanto Solar Solar CA W4683 62640A 59440 100 100 0.0000 0.0000 100 Adelanto Solar, LLC - Adelanto Solar, LSolar CA W4758 62639A 59441 365 365 0.0000 0.0000 365 Adera Solar, LLC - Adera Solar, LLC Solar CA W4836 61388A 60027 119 119 0.0000 0.0000 119 Adobe Solar, LLC - Adobe Solar, LLC Solar CA W4119 61427A 57651 263 263 0.0000 0.0000 263 Algonquin SKIC 10 Solar, LLC - AlgonqSolar CA W5392 62879A 60242 102 102 0.0000 0.0000 102 Alta Wind I - Alta Wind I Wind CA W1727 60794A 57282 2847 2847 0.0000 0.0000 2847 Alta Wind II - Alta Wind II Wind CA W1841 60795A 57291 2388 2388 0.0000 0.0000 2388 Alta Wind III - Alta Wind III Wind CA W1842 61092A 57292 2379 2379 0.0000 0.0000 2379 Alta Wind IV - Alta Wind IV Wind CA W2013 61093A 57293 1268 1268 0.0000 0.0000 1268 Alta Wind IX - Alta 9 Wind CA W2904 61808A P346 1545 1545 0.0000 0.0000 61.307 1484 Alta Wind V - Alta Wind V Wind CA W2068 61094A 57294 1889 1889 0.0000 0.0000 1889 Alta Wind VII - Alta 7 Wind CA W2905 61807A P345 2033 2033 0.0000 0.0000 2033 Alta Wind VIII - Alta Wind VIII Wind CA W2483 61288A 57835 1471 1471 0.0000 0.0000 1471 Alta Wind X, LLC - Alta Wind X, LLC Wind CA W3537 62244A 58394 2595 2595 0.0000 0.0000 2595 Alta Wind XI, LLC - Alta Wind XI, LLC Wind CA W3538 62245A 58395 1763 1763 0.0000 0.0000 1763 American Kings Solar Project - AmericaSolar CA W11005 61600A 60777 2265 2265 0.0000 0.0000 2265 American Solar Greenworks, LLC - SumSolar CA W4524 61506A 58757 69 69 0.0000 0.0000 69 Bishop Creek 2 - Bishop Creek - Unit 3 Eligible Hydroelectric CA W545 60444A 323 35 35 0.0000 0.0000 35 Bishop Creek 2 - Bishop Creek 2 Eligible Hydroelectric CA W320 60444A 323 37 37 0.0000 0.0000 37 Bishop Creek 2 - Bishop Creek 2 - Uni
t Eligible Hydroelectric CA W544 60444A 323 37 37 0.0000 0.0000 37 Bishop Creek 3 - Bishop Creek 3 Eligible Hydroelectric CA W321 60446A 324 133 133 0.0000 0.0000 133 Bishop Creek 4 - Bishop Creek 4 Eligible Hydroelectric CA W322 60447A 325 32 32 0.0000 0.0000 32 Bishop Creek 4 - Bishop Creek 4 - Uni
t Eligible Hydroelectric CA W548 60447A 325 32 32 0.0000 0.0000 32 Bishop Creek 4 - Bishop Creek 4 - Unit Eligible Hydroelectric CA W549 60447A 325 64 64 0.0000 0.0000 64 Bishop Creek 4 - Bishop Creek 4 - Unit Eligible Hydroelectric CA W550 60447A 325 70 70 0.0000 0.0000 70 Bishop Creek 4 - Bishop Creek 4 - Unit Eligible Hydroelectric CA W551 60447A 325 64 64 0.0000 0.0000 60 4 Bishop Creek 5 - Bishop Creek 5 Eligible Hydroelectric CA W323 60448A 326 39 39 0.0000 0.0000 39 Bishop Creek 5 - Bishop Creek 5 - Uni
t Eligible Hydroelectric CA W552 60448A 326 50 50 0.0000 0.0000 50 Bishop Creek 6 - Bishop Creek 6 Eligible Hydroelectric CA W324 60449A 327 68 68 0.0000 0.0000 68 Blythe Solar II, LLC - Blythe Solar II, L
LSolar CA W5072 63129A 60092 633 633 0.0000 0.0000 122 511 Blythe Solar II, LLC - Blythe Solar II, LLSolar CA W5073 63129A 60092 647 647 0.0000 0.0000 647 Blythe Solar II, LLC - Blythe Solar II, LLSolar CA W5222 63129A 60092 613 613 0.0000 0.0000 613 Blythe Solar II, LLC - Blythe Solar II, LLSolar CA W5248 63129A 60092 496 496 0.0000 0.0000 496 Blythe Solar III, LLC - Blythe Solar III, LSolar CA W10157 63130A 60094 2517 2517 0.0000 0.0000 2517 Borden Solar Farm - Borden Solar FarmSolar CA W10139 61829A 59531 789 789 0.0000 0.0000 789 Broadview Energy KW, LLC - BEKW Wind NM W5278 62643A 60152 3956 3956 0.0000 0.0000 3956 Broadview Energy, JN LLC - BEJN Wind NM W5277 63162A 60145 4993 4993 0.0000 0.0000 4993 California PV Energy at Jurupa - Califo Solar CA W3924 62287A 58582 18 18 0.0000 0.0000 18 Camanche - Camanche 1,2,&3 Eligible Hydroelectric CA W243 60535A 537 4526 4526 0.0000 0.0000 4526 Cape Scott Wind - Cape Scott Wind Wind BC W3959 60600A P149 5426 5426 0.0000 0.0000 5426 Catalina Solar 2, LLC - Catalina Solar
2Solar CA W4263 62428A 59334 362 362 0.0000 0.0000 362
CED Atwell Island West - CED Atwell IsSolar CA W4691 62468A 59414 320 320 0.0000 0.0000 320 CED Corcoran Solar 2, LLC - CED Cor Solar CA W4681 61820A 59413 310 310 0.0000 0.0000 310 CED Ducor Solar 1, LLC - CED Ducor SSolar CA W5350 62882A 60078 237 237 0.0000 0.0000 237 CED Ducor Solar 2, LLC - CED Ducor SSolar CA W5351 62881A 60079 239 239 0.0000 0.0000 239 CED Ducor Solar 3, LLC - CED Ducor SSolar CA W5353 62884A 60080 270 270 0.0000 0.0000 270 CED Ducor Solar 4, LLC - CED Ducor SSolar CA W5352 62883A 60081 356 356 0.0000 0.0000 356 CED Wistaria Solar, LLC - Wistaria RanSolar CA W7130 62623A 61750 2128 2128 0.0000 0.0000 2128 Central Antelope Dry Ranch C, LLC - CSolar CA W5006 61324A 59963 221 221 0.0000 0.0000 221 Citizen Solar B, LLC - Citizen Solar B Solar CA W4840 61488A 62052 26 26 0.0000 0.0000 26 Copper Mountain Solar 4 - Copper Mo
uSolar NV W5023 62662A 59814 1456 1456 0.0000 0.0000 1456 Coronal Lost Hills, LLC - Coronal Lost HSolar CA W4631 62235A 59638 258 258 0.0000 0.0000 258 Desert Stateline LLC - Stateline Solar, Solar CA W4849 60936A 58646 521 521 0.0000 0.0000 521 Desert Stateline LLC - Stateline Solar, Solar CA W4881 60936A 58646 521 521 0.0000 0.0000 521 Desert Stateline LLC - Stateline Solar, Solar CA W4882 60936A 58646 468 468 0.0000 0.0000 468 Desert Stateline LLC - Stateline Solar, Solar CA W4914 60936A 58646 521 521 0.0000 0.0000 521 Desert Stateline LLC - Stateline Solar, Solar CA W4946 60936A 58646 521 521 0.0000 0.0000 521 Desert Stateline LLC - Stateline Solar, Solar CA W4965 60936A 58646 521 521 0.0000 0.0000 521 Desert Stateline LLC - Stateline Solar, Solar CA W5021 60936A 58646 342 342 0.0000 0.0000 342 Desert Stateline LLC - Stateline Solar, Solar CA W5067 60936A 58646 178 178 0.0000 0.0000 178 Desert Stateline LLC - Stateline Solar, Solar CA W5068 60936A 58646 468 468 0.0000 0.0000 468 Desert Sunlight 250 - Desert Sunlight
2Solar CA W3965 60940A 58542 598 598 0.0000 0.0000 598
Desert Sunlight 250 - Desert Sunlight 2Solar CA W3966 60940A 58542 598 598 0.0000 0.0000 598 Desert Sunlight 250 - Desert Sunlight 2Solar CA W4097 60940A 58542 405 405 0.0000 0.0000 405 Desert Sunlight 250 - Desert Sunlight 2Solar CA W4098 60940A 58542 212 212 0.0000 0.0000 212 Desert Sunlight 250 - Desert Sunlight 2Solar CA W4189 60940A 58542 444 444 0.0000 0.0000 444 Desert Sunlight 250 - Desert Sunlight 2Solar CA W4453 60940A 58542 386 386 0.0000 0.0000 386 Desert Sunlight 250 - Desert Sunlight 2Solar CA W3884 60940A 58542 1177 1177 0.0000 0.0000 1177 DG Solar Lessee II, LLC - E PhiladelphSolar CA W4926 62721A 59916 10 10 0.0000 0.0000 10 Dokie Wind - Dokie Wind Wind BC W1992 61360A P150 3858 3858 0.0000 0.0000 3858 Edom Hills Project 1, LLC - Edom Hills Wind CA W517 60391A 50553 2565 2565 0.0000 0.0000 2565 El Cabo Wind - El Cabo Wind Wind NM W5788 62786A 58098 7798 7798 0.0000 0.0000 7798 Fontana - Fontana Eligible Hydroelectric CA W326 60451A 332 57 57 0.0000 0.0000 57 Fraser Lake Biomass - Fraser Lake Bi
oBiomass & Biogas BC W5314 64690A P388 2 2 1.0539 2 0.1795 2 Freeway Springs, LLC - Freeway Sprin Solar CA W5385 63031A 60183 21 21 0.0000 0.0000 21 FTS Master Tenant 1, LLC - A - FTS
M Solar CA W4180 61318A 58761 32 32 0.0000 0.0000 32
FTS Master Tenant 1, LLC - B - FTS M Solar CA W4181 61319A 58762 29 29 0.0000 0.0000 29 Garnet Solar Power Generation StationSolar CA W4506 61182A 58528 58 58 0.0000 0.0000 58 Golden Solar, LLC - Dulles - Golden SoSolar CA W5227 63030A 60182 17 17 0.0000 0.0000 17 Golden Springs Building F, LLC - GoldeSolar CA W5479 63032A 60151 16 16 0.0000 0.0000 16 Golden Springs Development CompanySolar CA W4609 62745A 58913 16 16 0.0000 0.0000 16 Golden Springs Development CompanySolar CA W4610 62746A 58912 17 17 0.0000 0.0000 17 Golden Springs Development CompanySolar CA W5480 63033A 60153 14 14 0.0000 0.0000 14 Golden Springs Development CompanySolar CA W5481 63034A 60154 7 7 0.0000 0.0000 7 Great Valley Solar 3, LLC - RE TranquiSolar CA W5866 63281A 59939 374 374 0.0000 0.0000 374 Hayworth Solar - Hayworth Solar Solar CA W4719 62744A 59009 1209 1209 0.0000 0.0000 1209 Highlander Solar 1, LLC - Highlander
SSolar CA W3663 61157A 58234 224 224 0.0000 0.0000 224
Highlander Solar 2, LLC - Highlander SSolar CA W3664 61158A 58227 166 166 0.0000 0.0000 166 Imperial Valley Solar 3, LLC - Mount Si Solar CA W7036 61649A 61202 4150 4150 0.0000 0.0000 4150 Jacumba Solar, LLC - Jacumba Solar
FSolar CA W5601 63057A 60947 332 332 0.0000 0.0000 332
Kaweah 2 - Kaweah 2 Eligible Hydroelectric CA W328 60453A 336 9 9 0.0000 0.0000 9 Kern River 1 - Kern River 1 Eligible Hydroelectric CA W330 60455A 340 1259 1259 0.0000 0.0000 1259 Lancaster Dry Farm Ranch B, LLC - L
aSolar CA W4418 61315A 58750 54 54 0.0000 0.0000 54
Lancaster Little Rock C LLC - LancasteSolar CA W4492 61311A 59262 22 22 0.0000 0.0000 22 Lone Valley Solar Park I, LLC - Lone V Solar CA W4427 61458A 58417 163 163 0.0000 0.0000 163 Lone Valley Solar Park II, LLC - Lone
VSolar CA W4428 61452A 59237 340 340 0.0000 0.0000 340
Longboat Solar, LLC - Longboat Solar, Solar CA W5306 62805A 60485 289 289 0.0000 0.0000 289 Lundy - Lundy Eligible Hydroelectric CA W331 60456A 342 24 24 0.0000 0.0000 24 Lundy - Lundy - Unit 2 Eligible Hydroelectric CA W560 60456A 342 24 24 0.0000 0.0000 24 Lytle Creek - Lytle Creek Eligible Hydroelectric CA W391 60457A P348 13 13 0.0000 0.0000 13 Master Development - Corona, CA (13
5Solar CA W3497 61735A P306 6 6 0.0000 0.0000 6
Maverick Solar, LLC - Maverick Solar, LSolar CA W10973 63321A 62178 2615 2615 0.0000 0.0000 2615 McCoy Solar, LLC - Genesis McCoy SoSolar CA W4935 62091A 58462 760 760 0.0000 0.0000 760 McCoy Solar, LLC - Genesis McCoy SoSolar CA W4936 62091A 58462 380 380 0.0000 0.0000 380 McCoy Solar, LLC - Genesis McCoy SoSolar CA W5016 62091A 58462 349 349 0.0000 0.0000 349 McCoy Solar, LLC - Genesis McCoy SoSolar CA W4763 62091A 58462 570 570 0.0000 0.0000 570 McCoy Solar, LLC - Genesis McCoy SoSolar CA W4826 62091A 58462 570 570 0.0000 0.0000 570 McCoy Solar, LLC - Genesis McCoy SoSolar CA W4827 62091A 58462 489 489 0.0000 0.0000 489 McCoy Solar, LLC - Genesis McCoy SoSolar CA W4879 62091A 58462 760 760 0.0000 0.0000 760 McCoy Solar, LLC - Genesis McCoy SoSolar CA W4630 62091A 58462 662 662 0.0000 0.0000 662 Meikle Wind - Meikle Wind Wind BC W5189 63268A P151 2084 2084 0.0000 0.0000 2084 Mesquite Solar 2, LLC - Mesquite Sola
rSolar AZ W5299 62664A 60307 1925 1925 0.0000 0.0000 1925 Mill Creek 3 - Mill Creek 3 - Unit 3 Eligible Hydroelectric CA W332 60459A 7147 23 23 0.0000 0.0000 23 Mill Creek 3 - Mill Creek 3 - Unit 4 Eligible Hydroelectric CA W555 60459A 7147 23 23 0.0000 0.0000 23 Mill Creek 3 - Mill Creek 3 - Unit 5 Eligible Hydroelectric CA W556 60459A 7147 23 23 0.0000 0.0000 23 Moose Lake Wind - Moose Lake Wind Wind BC W7518 64287A P152 263 263 0.0000 0.0000 263 Mound Solar Partnership XI, LLC - Ant
eSolar CA W5744 63713A 60085 33 33 0.0000 0.0000 33
Mount Signal Solar Farm II - Mount SigSolar CA W7762 61648A 61353 2824 2824 0.0000 0.0000 2824 Mustang Hills, LLC - Mustang Hills, LLCWind CA W2482 61287A 57833 2012 2012 0.0000 0.0000 2012 Narrows No. 1 Powerhouse - Narrows NEligible Hydroelectric CA W363 60052A 262 4547 4547 0.0000 0.0000 4547 Nicolis, LLC - Nicolis Solar PV Plant Solar CA W5131 61667A 59600 262 262 0.0000 0.0000 262 North Lancaster Ranch, LLC - North L
aSolar CA W5386 61538A 59962 247 247 0.0000 0.0000 247
North Rosamond Solar, LLC - North RoSolar CA W7426 62290A 59879 2729 2729 0.0000 0.0000 2729 NRG Solar Oasis LLC - Oasis Solar Solar CA W4700 62514A 59528 357 357 0.0000 0.0000 357 Oltmans SCE at Champagne - Californ Solar CA W3923 62292A 58581 11 11 0.0000 0.0000 11 Ontario 1 - Ontario 1 Eligible Hydroelectric CA W393 60460A P350 16 16 0.0000 0.0000 16 Ontario 2 - Ontario 2 Eligible Hydroelectric CA W394 60461A P351 9 9 0.0000 0.0000 9 Orion Solar II, LLC - Orion Solar II, LL
CSolar CA W4186 61571A 58721 130 130 0.0000 0.0000 130
Ormat Dixie Valley, LLC - Ormat Dixie VGeothermal NV W334 60313A 52015 2043 2043 0.0242 49 0.0000 2043 Ormat Dixie Valley, LLC - Ormat Dixie VGeothermal NV W7146 60313A 52015 195 195 0.0242 5 0.0000 195 Panoche Valley Solar - Panoche ValleySolar CA W5851 60858A 57340 852 852 0.0000 0.0000 852 Panoche Valley Solar - Panoche ValleySolar CA W7275 60858A 57340 598 598 0.0000 0.0000 598 Panoche Valley Solar - Phase 2 Solar CA W7186 60858A 57340 474 474 0.0000 0.0000 474 Pardee - Pardee 1 Eligible Hydroelectric CA W233 60536A 376 3435 3435 0.0000 0.0000 3435 Pardee - Pardee 2 Eligible Hydroelectric CA W241 60536A 376 3480 3480 0.0000 0.0000 3480 Pardee - Pardee 3 Eligible Hydroelectric CA W242 60536A 376 3939 3939 0.0000 0.0000 3939 Park Meridian 1 - Kona Solar, LLC - P
aSolar CA W4577 62502A 59539 17 17 0.0000 0.0000 17
Pennask Wind Farm - Pennask Wind FWind BC W5499 64015A P153 259 259 0.0000 0.0000 259 Poole - Poole Eligible Hydroelectric CA W338 60462A 353 149 149 0.0000 0.0000 149 Portal - Portal Eligible Hydroelectric CA W339 60463A 354 124 124 0.0000 0.0000 124 Portal Ridge Solar B, LLC - Portal Rid
gSolar CA W5546 62835A 60310 323 323 0.0000 0.0000 323
Porterville - SPVP042 - Porterville - SP Solar CA W1977 61241A 58309 50 50 0.0000 0.0000 50 Pumpjack Solar - Pumpjack Solar Solar CA W4413 61368A 59322 317 317 0.0000 0.0000 317 Quality Wind - Quality Wind Wind BC W3160 62247A P154 2816 2816 0.0000 0.0000 2816 Rancho Cucamonga Distribution Cent
eSolar CA W4579 62498A 59540 20 20 0.0000 0.0000 20
RE Adams East, LLC - RE Adams EastSolar CA W4344 61266A 58984 269 269 0.0000 0.0000 269 RE Columbia 3 LLC - RE Columbia 3 LSolar CA W3898 61162A 58502 159 159 0.0000 0.0000 159 RE Garland A - Garland A Solar CA W5005 62818A 60386 402 402 0.0000 0.0000 402 RE Rio Grande, LLC - RE Rio Grande, Solar CA W3896 60823A 58500 71 71 0.0000 0.0000 71 RE Rosamond Two LLC - RE Rosamo
nSolar CA W3899 60856A 58499 316 316 0.0000 0.0000 316
RE Tranquillity - RE Tranquillity Solar CA W4898 61269A 59939 3459 3459 0.0000 0.0000 3459 RE Victor Phelan Solar One LLC - RE
VSolar CA W3897 60838A 58202 293 293 0.0000 0.0000 293
Regulus Solar, LLC - Regulus Solar, LLSolar CA W4387 61428A 57650 1018 1018 0.0000 0.0000 1018 Rio Bravo Solar I - Rio Bravo Solar I Solar CA W5346 61369A 59249 361 361 0.0000 0.0000 361 Rio Bravo Solar II - Rio Bravo Solar II Solar CA W5371 62716A 59250 351 351 0.0000 0.0000 351 Rising Tree Wind Farm III LLC - Rising Wind CA W4612 62469A 59236 2011 2011 0.0000 0.0000 2011 Rising Tree Wind Farm LLC - Rising T
r Wind CA W4444 62425A 57621 2093 2093 0.0000 0.0000 2093 Rush Creek - Rush Creek Eligible Hydroelectric CA W340 60464A 357 131 131 0.0000 0.0000 131 Rush Creek - Rush Creek - Unit 2 Eligible Hydroelectric CA W557 60464A 357 161 161 0.0000 0.0000 161 SEPV Mojave West, LLC - SEPV Moja
vSolar CA W5047 61156A 59740 454 454 0.0000 0.0000 454
SEPV Palmdale East, LLC - SEPV PalmSolar CA W4713 61154A 59273 212 212 0.0000 0.0000 212 SEPV Sierra - SEPV Sierra Solar CA W11506 63160A 64611 1544 1544 0.0000 0.0000 1544 Shiloh I Wind Project - Shiloh I Wind P
rWind CA W231 60488A 56362 1450 1450 0.0000 0.0000 1450 Shinish Creek Wind Farm - Shinish CreWind BC W5500 64041A P160 292 292 0.0000 0.0000 292 Sierra - Sierra Eligible Hydroelectric CA W390 60467A P352 19 19 0.0000 0.0000 19 Sierra Pacific Sonora - Sierra Pacific S
oBiomass & Biogas CA W852 60576A 54517 87 87 3.6356 316 0.0784 87 Sierra Solar Greenworks - Sierra Solar Solar CA W4811 61334A 59431 325 325 0.0000 0.0000 325 Silver State Solar Power South, Block
2Solar NV W4876 61050A 58644 1363 1363 0.0000 0.0000 1363 Silver State Solar Power South, LLC - SSolar NV W4829 61050A 58644 552 552 0.0000 0.0000 552 Silver State Solar Power South, LLC - SSolar NV W4878 61050A 58644 746 746 0.0000 0.0000 746 Silver State Solar Power South, LLC - SSolar NV W4947 61050A 58644 733 733 0.0000 0.0000 733 Silver State Solar Power South, LLC - SSolar NV W4966 61050A 58644 584 584 0.0000 0.0000 584 Silver State Solar Power South, LLC - SSolar NV W5063 61050A 58644 1215 1215 0.0000 0.0000 1215 Silver State Solar Power South, LLC - SSolar NV W5064 61050A 58644 21 21 0.0000 0.0000 21 Solar Partners I, LLC - Ivanpah 2 Solar CA W4025 62274A 57073 2183 2183 0.0894 195 0.0894 2183 Solar Star California XIII, LLC - Quinto Solar CA W4825 61362A 59339 2119 2119 0.0000 0.0000 2119 Solar Star California XIX, LLC - AVS1
SSolar CA W4641 61363A 58388 1233 1233 0.0000 0.0000 1233 Solar Star California XIX, LLC - AVS1 SSolar CA W4562 61363A 58388 1233 1233 0.0000 0.0000 1233 Solar Star California XIX, LLC - AVS1 SSolar CA W4393 61363A 58388 1336 1336 0.0000 0.0000 1336 Solar Star California XIX, LLC - AVS1 SSolar CA W4678 61363A 58388 550 550 0.0000 0.0000 550 Solar Star California XIX, LLC - AVS1 SSolar CA W4064 61363A 58388 867 867 0.0000 0.0000 867 Solar Star California XIX, LLC - AVS1 SSolar CA W4392 61363A 58388 342 342 0.0000 0.0000 342 Solar Star California XIX, LLC - AVS1 SSolar CA W4099 61363A 58388 1496 1496 0.0000 0.0000 1496 Solar Star California XX, LLC - AVS 2 SSolar CA W4243 61364A 58389 1298 1298 0.0000 0.0000 1298 Solar Star California XX, LLC - AVS 2 SSolar CA W4457 61364A 58389 983 983 0.0000 0.0000 983 Solar Star California XX, LLC - AVS 2 SSolar CA W4458 61364A 58389 851 851 0.0000 0.0000 851 Solar Star California XX, LLC - AVS 2 SSolar CA W4679 61364A 58389 717 717 0.0000 0.0000 717 Solar Star California XX, LLC - AVS 2 SSolar CA W4065 61364A 58389 673 673 0.0000 0.0000 673 Solar Star California XX, LLC - AVS 2 SSolar CA W4100 61364A 58389 602 602 0.0000 0.0000 602 South Powerhouse - South Powerhous Eligible Hydroelectric CA W370 60059A 280 75 75 0.0000 0.0000 75 Spaulding No. 1 Powerhouse - Spauldi Eligible Hydroelectric CA W371 60060A 281 180 180 0.0000 0.0000 180 Spaulding No. 2 Powerhouse - Spauldi Eligible Hydroelectric CA W372 60061A 282 95 95 0.0000 0.0000 95 Spaulding No. 3 Powerhouse - Spauldi Eligible Hydroelectric CA W373 60062A 283 291 291 0.0000 0.0000 291 SPI Anderson 2 - SPI Anderson 2 Biomass & Biogas CA W4674 61146A 59658 773 773 0.3893 301 0.0105 773 Spring Gap Powerhouse - Spring Gap Eligible Hydroelectric CA W374 60063A 284 214 214 0.0000 0.0000 214 SPS Alpaugh 50 - SPS Alpaugh 50 Solar CA W2826 60945A 58003 765 765 0.0000 0.0000 765 SPS Alpaugh North - SPS Alpaugh No
rSolar CA W2825 60946A 58002 298 298 0.0000 0.0000 298
Stockton Biomass - Stockton Biomass Biomass & Biogas CA W3540 60964A 54238 2581 2581 1.4585 3764 0.0288 2581 Stroud Solar Station - Stroud Solar Sta
tSolar CA W2203 61434A 57497 202 202 0.0000 0.0000 202
Sun Streams, LLC - Sun Streams, LLC Solar AZ W8859 62673A 60827 2927 2927 0.0000 0.0000 2927 SunE Solar XV Lessor, LLC - Hesperia Solar CA W4261 62236A 59182 21 21 0.0000 0.0000 21 SunE Solar XVI Lessor, LLC - SunE -
PSolar CA W4804 62725A P304 11 11 0.0000 0.0000 11
SunE Solar XVI Lessor, LLC - SunE - RSolar CA W5219 62719A 60032 5 5 0.0000 0.0000 5 Sunray 2- SEGS II - Sunray 2- SEGS IISolar CA W466 62694A 10437 369 369 0.0000 0.0000 369 Sunray Energy 3, LLC - Sunray EnergySolar CA W465 63260A 10438 258 258 0.0000 0.0000 258 Sunshine Gas Producers - Sunshine G Biomass & Biogas CA W4144 60815A 58429 1131 1131 0.7045 797 0.0036 1131 Sunshine Valley Solar - Sunshine Vall
eSolar NV W8128 62772A 59826 1823 1823 0.0000 0.0000 1823 TA-High Desert - Antelope Power PlantSolar CA W3496 60937A 58149 372 372 0.0000 0.0000 372 Terra Francesco 1 - Kona Solar, LLC - Solar CA W4578 62503A 59541 15 15 0.0000 0.0000 15 Toadtown Powerhouse - Toadtown Po
wEligible Hydroelectric CA W375 60064A 714 17 17 0.0000 0.0000 17 Topaz Solar Farms LLC - Topaz 10-16 Solar CA W3226 61698A 57695 2726 2726 0.0000 0.0000 2726 Topaz Solar Farms LLC - Topaz 17 - 2
0Solar CA W3227 61698A 57695 1485 1485 0.0000 0.0000 1485 Topaz Solar Farms LLC - Topaz 1-9 Solar CA W3193 61698A 57695 3762 3762 0.0000 0.0000 3762 Topaz Solar Farms LLC - Topaz 21 - 2
2Solar CA W3229 61698A 57695 626 626 0.0000 0.0000 626
Tropico, LLC - Tropico Solar PV Plant Solar CA W5132 61700A 59599 194 194 0.0000 0.0000 194 Tule Wind, LLC - Tule Wind, LLC Wind CA W5902 63271A 57913 2210 2210 0.0000 0.0000 2210 Vaca Dixon Solar Station - Vaca Dixon Solar CA W1455 60966A 57041 28 28 0.0000 0.0000 28 Valentine Solar, LLC - Valentine Solar, Solar CA W8806 63026A 62288 2012 2012 0.0000 0.0000 2012 Vasco Winds - Vasco Winds Wind CA W2401 61344A 57700 1596 1596 0.0000 0.0000 1596 Vega Solar, LLC - Vega Solar, LLC Solar CA W4543 61942A 59555 351 351 0.0000 0.0000 351 Victor Dry Farm Ranch A LLC - Victor
DSolar CA W4573 61331A 58418 67 67 0.0000 0.0000 67
Victor Dry Farm Ranch B LLC - Victor DSolar CA W4574 61332A 58419 65 65 0.0000 0.0000 65 Voyager Wind I - Voyager Wind I Wind CA W8807 63262A 60594 2734 2734 0.0000 0.0000 2734 West Gates Solar Station - West Gate
sSolar CA W3478 62352A 58206 124 124 0.0000 0.0000 124
Western Antelope Blue Sky Ranch A - WSolar CA W4264 61517A 58626 287 287 0.0000 0.0000 287 Westlands Solar Blue (OZ) Owner, LLCSolar CA W17657 65111A 58616 103 103 0.0000 0.0000 103 Westside Solar Station - Westside SolaSolar CA W2202 61433A 57499 110 110 0.0000 0.0000 110 Wildwood Solar - Wildwood Solar Solar CA W4414 61367A 59380 287 287 0.0000 0.0000 287 Wildwood Solar II - Wildwood Solar II Solar CA W5374 62418A 59253 266 266 0.0000 0.0000 266 Willow Springs 2 - Willow Springs 2 Solar CA W7213 62286A 60324 1650 1650 0.0000 0.0000 1650 Windstar - Windstar1 Wind CA W2742 60810A 57774 806 806 0.0000 0.0000 806 Windstar - Windstar2 Wind CA W2743 60810A 57774 922 922 0.0000 0.0000 922 Wise No. 1 Powerhouse - Wise No. 1
PEligible Hydroelectric CA W380 60069A 292 380 380 0.0000 0.0000 380 Big Creek 3 Large Hydroelectric CA 319 20655 11580 9075 0.0000 0.0000 9075 Palo Verde Nuclear Generating Nuclear CA 6008 34130 34130 0.0000 0.0000 GCPD - Priest Rapids & Wanapum Large Hydroelectric WA 3887 3743 3743 0.0000 0.0000 3743 EPIC Power100 Portfolio Totals PCL Data EPIC Power Portfolio Totals PCL Data Retail Sales 243 Retail Sales 492151
Total Specified 243 Total Specified 214875
Biomass & Biogas 0 0% Biomass & Biogas 4574 1%
Geothermal 0 0% Geothermal 2238 0%
he relevant field Eligible Hydroelectric 60 25% Eligible Hydroelectric 23844 5% Solar 122 50% Solar 101140 21%
Wind 61 25% Wind 70261 14%
Large Hydroelectric 0 0% Large Hydroelectric 12818 3%
Nuclear 0 0% Nuclear 0 0%
Emerging Technologies 0 0% Emerging Technologies 0 0%
Other 0 0% Other 0 0%
Natural Gas 0 0% Natural Gas 0 0%
Coal & Petroleum 0 0% Coal & Petroleum 0 0%
Unspecified Power - ACS 0 Unspecified Power - ACS 0
Unspecified Power - Spot Market 0 Unspecified Power - Spot Market 277276 Unspecified Power - Total 0 0% Unspecified Power - Total 277276 56% Total PCL GHGs (MT CO2e) 0.0 Total PCL GHGs (MT CO2e) 118962.9 Emissions intensity (MT CO2e/MWh) 0.000 Emissions intensity (MT CO2e/MWh) 0.242 PCL GHG Intensity (lbs CO2e/MWh) 0 PCL GHG Intensity (lbs CO2e/MWh) 533 Unbundled REC % 0% Unbundled REC % 3%
0000
EPIC Power100 EPIC Power
Electricity Portfolio
#5 Name
Electricity Portfolio
#6 Name
Electricity Portfolio
#7 Name
Electricity Portfolio
#8 Name Remainder/Oversupply Facility Name Fuel Type Net Procurement Annual
PCL
GHGs (MT
CO2e)
Facility Name Fuel Type Net Procurement
Annual
PCL
GHGs (MT
CO2e)
- - - 0 67RK 8ME, LLC - Redcrest Solar Farm Solar 172 0 -- - 0 Adelanto Solar II, LLC - Adelanto Solar II Solar 100 0 -- - 0 Adelanto Solar, LLC - Adelanto Solar, LL Solar 365 0 - - - 0 Adera Solar, LLC - Adera Solar, LLC Solar 119 0 - - - 0 Adobe Solar, LLC - Adobe Solar, LLC Solar 263 0 -- - 0
Algonquin SKIC 10 Solar, LLC - Algonqu Solar 102 0
- - - 0 Alta Wind I - Alta Wind I Wind 2847 0
- - - 0 Alta Wind II - Alta Wind II Wind 2388 0
- - - 0 Alta Wind III - Alta Wind III Wind 2379 0
- - - 0 Alta Wind IV - Alta Wind IV Wind 1268 0
Alta Wind IX - Alta 9 Wind 61.307 0 Alta Wind IX - Alta 9 Wind 1483.693 0 - - - 0 Alta Wind V - Alta Wind V Wind 1889 0
- - - 0 Alta Wind VII - Alta 7 Wind 2033 0
- - - 0 Alta Wind VIII - Alta Wind VIII Wind 1471 0
- - - 0 Alta Wind X, LLC - Alta Wind X, LLC Wind 2595 0 - - - 0 Alta Wind XI, LLC - Alta Wind XI, LLC Wind 1763 0 -- - 0
American Kings Solar Project - AmericanSolar 2265 0
-- - 0 American Solar Greenworks, LLC - SummSolar 69 0
- - - 0 Bishop Creek 2 - Bishop Creek - Unit 3 Eligible Hydroelectric 35 0 - - - 0 Bishop Creek 2 - Bishop Creek 2 Eligible Hydroelectric 37 0 - - - 0 Bishop Creek 2 - Bishop Creek 2 - Unit
2 Eligible Hydroelectric 37 0
- - - 0 Bishop Creek 3 - Bishop Creek 3 Eligible Hydroelectric 133 0 - - - 0 Bishop Creek 4 - Bishop Creek 4 Eligible Hydroelectric 32 0 - - - 0 Bishop Creek 4 - Bishop Creek 4 - Unit
2 Eligible Hydroelectric 32 0
- - - 0 Bishop Creek 4 - Bishop Creek 4 - Unit 3 Eligible Hydroelectric 64 0 - - - 0 Bishop Creek 4 - Bishop Creek 4 - Unit 4 Eligible Hydroelectric 70 0 Bishop Creek 4 - Bishop Creek 4 - Unit 5 Eligible Hydroelectric 60 0 Bishop Creek 4 - Bishop Creek 4 - Unit 5 Eligible Hydroelectric 4 0 - - - 0 Bishop Creek 5 - Bishop Creek 5 Eligible Hydroelectric 39 0 - - - 0 Bishop Creek 5 - Bishop Creek 5 - Unit
2 Eligible Hydroelectric 50 0
- - - 0 Bishop Creek 6 - Bishop Creek 6 Eligible Hydroelectric 68 0 Blythe Solar II, LLC - Blythe Solar II, LL
CSolar 122 0 Blythe Solar II, LLC - Blythe Solar II, LL CSolar 511 0 - - - 0 Blythe Solar II, LLC - Blythe Solar II, LL CSolar 647 0 - - - 0 Blythe Solar II, LLC - Blythe Solar II, LL CSolar 613 0 - - - 0 Blythe Solar II, LLC - Blythe Solar II, LL CSolar 496 0 - - - 0 Blythe Solar III, LLC - Blythe Solar III, LL Solar 2517 0 - - - 0 Borden Solar Farm - Borden Solar Farm Solar 789 0 - - - 0 Broadview Energy KW, LLC - BEKW Wind 3956 0
- - - 0 Broadview Energy, JN LLC - BEJN Wind 4993 0
- - - 0 California PV Energy at Jurupa - Califor
n Solar 18 0
- - - 0 Camanche - Camanche 1,2,&3 Eligible Hydroelectric 4526 0 - - - 0 Cape Scott Wind - Cape Scott Wind Wind 5426 0
- - - 0 Catalina Solar 2, LLC - Catalina Solar 2, Solar 362 0 - - - 0 CED Atwell Island West - CED Atwell Isl
aSolar 320 0
- - - 0 CED Corcoran Solar 2, LLC - CED Corc oSolar 310 0 - - - 0 CED Ducor Solar 1, LLC - CED Ducor S oSolar 237 0 - - - 0 CED Ducor Solar 2, LLC - CED Ducor S oSolar 239 0 - - - 0 CED Ducor Solar 3, LLC - CED Ducor S oSolar 270 0 - - - 0 CED Ducor Solar 4, LLC - CED Ducor S oSolar 356 0 - - - 0 CED Wistaria Solar, LLC - Wistaria Ran cSolar 2128 0 - - - 0 Central Antelope Dry Ranch C, LLC - Ce Solar 221 0 - - - 0 Citizen Solar B, LLC - Citizen Solar B Solar 26 0 - - - 0 Copper Mountain Solar 4 - Copper Mou
n Solar 1456 0
- - - 0 Coronal Lost Hills, LLC - Coronal Lost Hi Solar 258 0 - - - 0 Desert Stateline LLC - Stateline Solar, B
l Solar 521 0
- - - 0 Desert Stateline LLC - Stateline Solar, B l Solar 521 0 - - - 0 Desert Stateline LLC - Stateline Solar, B l Solar 468 0 - - - 0 Desert Stateline LLC - Stateline Solar, B l Solar 521 0 - - - 0 Desert Stateline LLC - Stateline Solar, B l Solar 521 0 - - - 0 Desert Stateline LLC - Stateline Solar, B l Solar 521 0 - - - 0 Desert Stateline LLC - Stateline Solar, B l Solar 342 0 - - - 0 Desert Stateline LLC - Stateline Solar, B l Solar 178 0 - - - 0 Desert Stateline LLC - Stateline Solar, B l Solar 468 0 - - - 0 Desert Sunlight 250 - Desert Sunlight 25 0Solar 598 0 - - - 0 Desert Sunlight 250 - Desert Sunlight 25 0Solar 598 0 - - - 0 Desert Sunlight 250 - Desert Sunlight 25 0Solar 405 0 - - - 0 Desert Sunlight 250 - Desert Sunlight 25 0Solar 212 0 - - - 0 Desert Sunlight 250 - Desert Sunlight 25 0Solar 444 0 - - - 0 Desert Sunlight 250 - Desert Sunlight 25 0Solar 386 0 - - - 0 Desert Sunlight 250 - Desert Sunlight 25 0Solar 1177 0 - - - 0 DG Solar Lessee II, LLC - E Philadelphi aSolar 10 0 - - - 0 Dokie Wind - Dokie Wind Wind 3858 0
- - - 0 Edom Hills Project 1, LLC - Edom Hills P Wind 2565 0 - - - 0 El Cabo Wind - El Cabo Wind Wind 7798 0
- - - 0 Fontana - Fontana Eligible Hydroelectric 57 0
- - - 0 Fraser Lake Biomass - Fraser Lake Bio
mBiomass & Biogas 2 0.35907
- - - 0 Freeway Springs, LLC - Freeway Spring sSolar 21 0 - - - 0 FTS Master Tenant 1, LLC - A - FTS Ma sSolar 32 0 - - - 0 FTS Master Tenant 1, LLC - B - FTS Ma sSolar 29 0 - - - 0 Garnet Solar Power Generation Station 1Solar 58 0 - - - 0 Golden Solar, LLC - Dulles - Golden Sol aSolar 17 0 - - - 0 Golden Springs Building F, LLC - Golde nSolar 16 0 - - - 0 Golden Springs Development Company LSolar 16 0
- - - 0 Golden Springs Development Company LSolar 17 0
- - - 0 Golden Springs Development Company, Solar 14 0
- - - 0 Golden Springs Development Company, Solar 7 0
- - - 0 Great Valley Solar 3, LLC - RE Tranquilli
tSolar 374 0
- - - 0 Hayworth Solar - Hayworth Solar Solar 1209 0
- - - 0 Highlander Solar 1, LLC - Highlander So
lSolar 224 0
- - - 0 Highlander Solar 2, LLC - Highlander So lSolar 166 0 - - - 0 Imperial Valley Solar 3, LLC - Mount Sig nSolar 4150 0 - - - 0 Jacumba Solar, LLC - Jacumba Solar F a Solar 332 0 - - - 0 Kaweah 2 - Kaweah 2 Eligible Hydroelectric 9 0
- - - 0 Kern River 1 - Kern River 1 Eligible Hydroelectric 1259 0 - - - 0 Lancaster Dry Farm Ranch B, LLC - Lan
cSolar 54 0
- - - 0 Lancaster Little Rock C LLC - Lancaster Solar 22 0 - - - 0 Lone Valley Solar Park I, LLC - Lone Val Solar 163 0 - - - 0 Lone Valley Solar Park II, LLC - Lone Va Solar 340 0 - - - 0 Longboat Solar, LLC - Longboat Solar, L Solar 289 0 - - - 0 Lundy - Lundy Eligible Hydroelectric 24 0
- - - 0 Lundy - Lundy - Unit 2 Eligible Hydroelectric 24 0 - - - 0 Lytle Creek - Lytle Creek Eligible Hydroelectric 13 0 - - - 0 Master Development - Corona, CA (135
1Solar 6 0
- - - 0 Maverick Solar, LLC - Maverick Solar, L LSolar 2615 0 - - - 0 McCoy Solar, LLC - Genesis McCoy Sol aSolar 760 0 - - - 0 McCoy Solar, LLC - Genesis McCoy Sol aSolar 380 0 - - - 0 McCoy Solar, LLC - Genesis McCoy Sol aSolar 349 0 - - - 0 McCoy Solar, LLC - Genesis McCoy Sol aSolar 570 0 - - - 0 McCoy Solar, LLC - Genesis McCoy Sol aSolar 570 0 - - - 0 McCoy Solar, LLC - Genesis McCoy Sol aSolar 489 0 - - - 0 McCoy Solar, LLC - Genesis McCoy Sol aSolar 760 0 - - - 0 McCoy Solar, LLC - Genesis McCoy Sol aSolar 662 0 - - - 0 Meikle Wind - Meikle Wind Wind 2084 0
- - - 0 Mesquite Solar 2, LLC - Mesquite Solar
2Solar 1925 0
- - - 0 Mill Creek 3 - Mill Creek 3 - Unit 3 Eligible Hydroelectric 23 0 - - - 0 Mill Creek 3 - Mill Creek 3 - Unit 4 Eligible Hydroelectric 23 0 - - - 0 Mill Creek 3 - Mill Creek 3 - Unit 5 Eligible Hydroelectric 23 0 - - - 0 Moose Lake Wind - Moose Lake Wind Wind 263 0
- - - 0 Mound Solar Partnership XI, LLC - Antel
oSolar 33 0
- - - 0 Mount Signal Solar Farm II - Mount Sign aSolar 2824 0 - - - 0 Mustang Hills, LLC - Mustang Hills, LLC Wind 2012 0 - - - 0 Narrows No. 1 Powerhouse - Narrows N
oEligible Hydroelectric 4547 0
- - - 0 Nicolis, LLC - Nicolis Solar PV Plant Solar 262 0 - - - 0 North Lancaster Ranch, LLC - North Lan Solar 247 0 - - - 0 North Rosamond Solar, LLC - North Ros Solar 2729 0 - - - 0 NRG Solar Oasis LLC - Oasis Solar Solar 357 0
- - - 0 Oltmans SCE at Champagne - California Solar 11 0 - - - 0 Ontario 1 - Ontario 1 Eligible Hydroelectric 16 0 - - - 0 Ontario 2 - Ontario 2 Eligible Hydroelectric 9 0 - - - 0 Orion Solar II, LLC - Orion Solar II, LLC Solar 130 0 - - - 0 Ormat Dixie Valley, LLC - Ormat Dixie V
aGeothermal 2043 0
- - - 0 Ormat Dixie Valley, LLC - Ormat Dixie V aGeothermal 195 0 - - - 0 Panoche Valley Solar - Panoche Valley SSolar 852 0 - - - 0 Panoche Valley Solar - Panoche Valley SSolar 598 0 - - - 0 Panoche Valley Solar - Phase 2 Solar 474 0
- - - 0 Pardee - Pardee 1 Eligible Hydroelectric 3435 0 - - - 0 Pardee - Pardee 2 Eligible Hydroelectric 3480 0 - - - 0 Pardee - Pardee 3 Eligible Hydroelectric 3939 0 - - - 0 Park Meridian 1 - Kona Solar, LLC - Par
kSolar 17 0
- - - 0 Pennask Wind Farm - Pennask Wind Fa rWind 259 0 - - - 0 Poole - Poole Eligible Hydroelectric 149 0
- - - 0 Portal - Portal Eligible Hydroelectric 124 0
- - - 0 Portal Ridge Solar B, LLC - Portal Ridge Solar 323 0 - - - 0 Porterville - SPVP042 - Porterville - SPV
PSolar 50 0
- - - 0 Pumpjack Solar - Pumpjack Solar Solar 317 0
- - - 0 Quality Wind - Quality Wind Wind 2816 0
- - - 0 Rancho Cucamonga Distribution Center Solar 20 0 - - - 0 RE Adams East, LLC - RE Adams East, Solar 269 0 - - - 0 RE Columbia 3 LLC - RE Columbia 3 LL
CSolar 159 0
- - - 0 RE Garland A - Garland A Solar 402 0
- - - 0 RE Rio Grande, LLC - RE Rio Grande, L Solar 71 0 - - - 0 RE Rosamond Two LLC - RE Rosamon
dSolar 316 0
- - - 0 RE Tranquillity - RE Tranquillity Solar 3459 0
- - - 0 RE Victor Phelan Solar One LLC - RE Vi Solar 293 0 - - - 0 Regulus Solar, LLC - Regulus Solar, LL
CSolar 1018 0
- - - 0 Rio Bravo Solar I - Rio Bravo Solar I Solar 361 0 - - - 0 Rio Bravo Solar II - Rio Bravo Solar II Solar 351 0 - - - 0 Rising Tree Wind Farm III LLC - Rising
T Wind 2011 0
- - - 0 Rising Tree Wind Farm LLC - Rising Tre eWind 2093 0 - - - 0 Rush Creek - Rush Creek Eligible Hydroelectric 131 0 - - - 0 Rush Creek - Rush Creek - Unit 2 Eligible Hydroelectric 161 0 - - - 0 SEPV Mojave West, LLC - SEPV Mojav
eSolar 454 0
- - - 0 SEPV Palmdale East, LLC - SEPV Palm dSolar 212 0 - - - 0 SEPV Sierra - SEPV Sierra Solar 1544 0
- - - 0 Shiloh I Wind Project - Shiloh I Wind Pro
jWind 1450 0
- - - 0 Shinish Creek Wind Farm - Shinish Cree Wind 292 0 - - - 0 Sierra - Sierra Eligible Hydroelectric 19 0
- - - 0 Sierra Pacific Sonora - Sierra Pacific So
nBiomass & Biogas 87 6.8208
- - - 0 Sierra Solar Greenworks - Sierra Solar GSolar 325 0 - - - 0 Silver State Solar Power South, Block 2 aSolar 1363 0 - - - 0 Silver State Solar Power South, LLC - Si lSolar 552 0 - - - 0 Silver State Solar Power South, LLC - Si lSolar 746 0 - - - 0 Silver State Solar Power South, LLC - Si lSolar 733 0 - - - 0 Silver State Solar Power South, LLC - Si lSolar 584 0 - - - 0 Silver State Solar Power South, LLC - Si lSolar 1215 0 - - - 0 Silver State Solar Power South, LLC - Si lSolar 21 0 - - - 0 Solar Partners I, LLC - Ivanpah 2 Solar 2183 195.1602 - - - 0 Solar Star California XIII, LLC - Quinto S
oSolar 2119 0
- - - 0 Solar Star California XIX, LLC - AVS1 S oSolar 1233 0 - - - 0 Solar Star California XIX, LLC - AVS1 S oSolar 1233 0 - - - 0 Solar Star California XIX, LLC - AVS1 S oSolar 1336 0 - - - 0 Solar Star California XIX, LLC - AVS1 S oSolar 550 0 - - - 0 Solar Star California XIX, LLC - AVS1 S oSolar 867 0 - - - 0 Solar Star California XIX, LLC - AVS1 S oSolar 342 0 - - - 0 Solar Star California XIX, LLC - AVS1 S oSolar 1496 0 - - - 0 Solar Star California XX, LLC - AVS 2 S oSolar 1298 0 - - - 0 Solar Star California XX, LLC - AVS 2 S oSolar 983 0 - - - 0 Solar Star California XX, LLC - AVS 2 S oSolar 851 0 - - - 0 Solar Star California XX, LLC - AVS 2 S oSolar 717 0 - - - 0 Solar Star California XX, LLC - AVS 2 S oSolar 673 0 - - - 0 Solar Star California XX, LLC - AVS 2 S oSolar 602 0 - - - 0 South Powerhouse - South Powerhouse Eligible Hydroelectric 75 0 - - - 0 Spaulding No. 1 Powerhouse - Spauldin
gEligible Hydroelectric 180 0
- - - 0 Spaulding No. 2 Powerhouse - Spauldin gEligible Hydroelectric 95 0 - - - 0 Spaulding No. 3 Powerhouse - Spauldin gEligible Hydroelectric 291 0 - - - 0 SPI Anderson 2 - SPI Anderson 2 Biomass & Biogas 773 8.1165 - - - 0 Spring Gap Powerhouse - Spring Gap P
oEligible Hydroelectric 214 0
- - - 0 SPS Alpaugh 50 - SPS Alpaugh 50 Solar 765 0
- - - 0 SPS Alpaugh North - SPS Alpaugh Nort
hSolar 298 0
- - - 0 Stockton Biomass - Stockton Biomass Biomass & Biogas 2581 74.3328 - - - 0 Stroud Solar Station - Stroud Solar Stati
oSolar 202 0
- - - 0 Sun Streams, LLC - Sun Streams, LLC Solar 2927 0 - - - 0 SunE Solar XV Lessor, LLC - Hesperia Solar 21 0 - - - 0 SunE Solar XVI Lessor, LLC - SunE - Pi
cSolar 11 0
- - - 0 SunE Solar XVI Lessor, LLC - SunE - R oSolar 5 0 - - - 0 Sunray 2- SEGS II - Sunray 2- SEGS II Solar 369 0 - - - 0 Sunray Energy 3, LLC - Sunray Energy
3Solar 258 0
- - - 0 Sunshine Gas Producers - Sunshine Ga sBiomass & Biogas 1131 4.0716 - - - 0 Sunshine Valley Solar - Sunshine Valley Solar 1823 0 - - - 0 TA-High Desert - Antelope Power Plant Solar 372 0 - - - 0 Terra Francesco 1 - Kona Solar, LLC - T
eSolar 15 0
- - - 0 Toadtown Powerhouse - Toadtown Pow eEligible Hydroelectric 17 0 - - - 0 Topaz Solar Farms LLC - Topaz 10-16 Solar 2726 0 - - - 0 Topaz Solar Farms LLC - Topaz 17 - 20 Solar 1485 0 - - - 0 Topaz Solar Farms LLC - Topaz 1-9 Solar 3762 0
- - - 0 Topaz Solar Farms LLC - Topaz 21 - 22 Solar 626 0 - - - 0 Tropico, LLC - Tropico Solar PV Plant Solar 194 0 - - - 0 Tule Wind, LLC - Tule Wind, LLC Wind 2210 0
- - - 0 Vaca Dixon Solar Station - Vaca Dixon
S Solar 28 0
- - - 0 Valentine Solar, LLC - Valentine Solar, L Solar 2012 0 - - - 0 Vasco Winds - Vasco Winds Wind 1596 0
- - - 0 Vega Solar, LLC - Vega Solar, LLC Solar 351 0
- - - 0 Victor Dry Farm Ranch A LLC - Victor D
r Solar 67 0
- - - 0 Victor Dry Farm Ranch B LLC - Victor D r Solar 65 0 - - - 0 Voyager Wind I - Voyager Wind I Wind 2734 0
- - - 0 West Gates Solar Station - West Gates
SSolar 124 0
- - - 0 Western Antelope Blue Sky Ranch A - WSolar 287 0 - - - 0 Westlands Solar Blue (OZ) Owner, LLC Solar 103 0 - - - 0 Westside Solar Station - Westside Solar Solar 110 0 - - - 0 Wildwood Solar - Wildwood Solar Solar 287 0
- - - 0 Wildwood Solar II - Wildwood Solar II Solar 266 0 - - - 0 Willow Springs 2 - Willow Springs 2 Solar 1650 0 - - - 0 Windstar - Windstar1 Wind 806 0
- - - 0 Windstar - Windstar2 Wind 922 0
- - - 0 Wise No. 1 Powerhouse - Wise No. 1 Po Eligible Hydroelectric 380 0 - - - 0 Big Creek 3 Large Hydroelectric 9075.366934 0
-- - 0 -- - 0
- - - 0 GCPD - Priest Rapids & Wanapum Large Hydroelectric 3743 0 - 16,213
RETIRED UNBUNDLED RECS RETIRED UNBUNDLED RECS
Facility Name Fuel Type
State or
Province RPS ID Total Retired (in MWh) Facility Name Fuel Type State or
Province RPS ID Total Retired (in MWh)
South Hurlburt Wind, LLC Wind OR 61668A 4062
Horseshoe Bend Wind, LLC Wind OR 61669A 3990
South Peak Wind, LLC Wind MT 64598A 8161
EPIC Power
Total Retired Unbundled RECsTotal Retired Unbundled RECs EPIC Power100
City Council Staff Report
DATE: SEPTEMBER 2, 2025
TO: HONORABLE MAYOR PRO TEM AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
MAINTENANCE DIVISION
DISTRICT: ALL
SUBJECT: AWARD AND APPROVE AGREEMENT WITH APPLIED RESEARCH ASSOCIATES INC., FOR PN 922, CITYWIDE SIGN INVENTORY AND
RETROREFLECTIVITY ASSESSMENT PROJECT, FOR A TOTAL
NOT TO EXCEED AMOUNT OF $418,979 FOR A TERM OF 180
CALENDAR DAYS FROM THE DATE OF THE NOTICE TO PROCEED
RECOMMENDATION
Staff recommend that the City Council:
1. Award and Approve Agreement No. A -9317 with Applied Research Associates Inc., for PN 922, Citywide Sign Inventory and Retroreflectivity Assessment Project (Project), for a total not to exceed amount of $ 418,979, which includes a contract amount of $380,890, plus a 10% contingency amount of $38,089;
2. Authorize the City Manager Pro Tem or his designee to execute Agreement No.
A-9317 with Applied Research Associates Inc. , including minimal and/or non - substantial changes; and,
3. Authorize the City Manager Pro Tem or his designee to approve amendments to the contract for additional or changed scope of work up to the 1 0% contingency amount approved by the City Council.
BACKGROUND
The City took over the maintenance of all traffic signs from the Los Angeles County Department of Public Works in 2000. Since then, the City has maintained all signs using in-house staff. However, the City has never carried out a complete inventory or assessment of traffic signs.
In 2005, the Federal Highway Administration (FHWA) mandated that municipalities perform a study of sign retroreflectivity and must have an implementation and Report to Mayor Pro Tem and City Council
Re: Award and Approve of PN 922, Agrmt No. A-9317 with Applied Research Associates Inc.
September 2, 2025
management strategy designed to maintain regulatory and warning sign retroreflectivity at or above the minimal levels set by the FHWA in the Manual of Uniform Traffic Control Devices (MUTCD).
City staff attempted to perform this study with in-house staff ; however, due to past staffing level reductions and budgetary constraints ov er the years, they could not complete the survey. Currently, the City has approximately 20,400 traffic signs within its jurisdiction, which would be subject to the survey.
DISCUSSION
On May 2, 2005, the City released a Request for Qualifications (RFQ) for the Project, via PlanetBids. On June 4, 2025, the City received three (3) bids for the project, which have been reviewed and are summarized below:
Bidder Location
Applied Research Associates Inc. Ventura, CA
National Data & Surveying Services Los Angeles, CA
Precision Material Management Cerritos, CA
Applied Research Associates, Inc. (ARA) was selected as the most qualified proposal based on its demonstrated experience and technical capabilities . ARA previously worked with the City on projects, such as the Pavement Inventory and Condition Study, delivering them on time and within budget . In addition, ARA has video inventory of the street network and will be extracting the sign assets for the inventory . Once complete they will deploy teams for the retroreflectivity testing requirement, providing efficiencies in both time and cost.
This Project includes a comprehensive field survey to identify and catalog all regulatory, warning, guide, and object marker signs as defined in the MUTCD and to ensure that the City meets the mandated retroreflectivity requirements. Each sign will be geo - tagged, rated by condition , and uploaded into the City’s Lucity Asset Management System. This contract will take 180 days to complete.
FISCAL IMPACT
$418,890; Sufficient funds are budgeted in Capital Improvement, Local Transportation Fund Article 8.
STRATEGIC PLAN
Goal III. Invest in infrastructure to improve community livability.
Report to Mayor Pro Tem and City Council
Re: Award and Approve of PN 922, Agrmt No. A-9317 with Applied Research Associates Inc.
September 2, 2025
A. Seek innovative, cost effective, customer focused methods of service delivery.
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, City Attorney
ATTACHMENTS
Agrmt No. A-9317 with Applied Research Associates Inc.
AGREEMENT NO. A-9317
CONTRACT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALMDALE AND APPLIED RESEARCH ASSOCIATES, INC.
THIS CONTRACT FOR DESIGN PROFESSIONAL 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 APPLIED RESEARCH ASSOCIATES, INC. (hereinafter called “PROJECT DESIGNER”). This Contract shall become effective on the date of the last signatory.
RECITALS
WHEREAS, City desires to engage PROJECT DESIGNER to perform certain technical and professional services, as provided herein, in connection with that certain project identified as PN 922 - Citywide Sign Inventory and Retroreflective Testing.
WHEREAS, PROJECT DESIGNER represents that PROJECT DESIGNER has the expertise and is qualified to perform the services described in this Contract and is duly registered under the laws of the State of California.
WHEREAS, PROJECT DESIGNER desires to accept such engagement.
NOW, THEREFORE, the parties agree as follows:
1 DESCRIPTION OF WORK
1.1 The City hereby engages PROJECT DESIGNER, and PROJECT DESIGNER accepts such engagement, to perform the following design professional services in a manner satisfactory to CITY:
Task I – Sign Inventory
Conduct a comprehensive field survey to identify and catalog all regulatory, warning, guide, and object marker signs as defined by CAMUTCD
Exclude signs that are mounted in private streets, mounted on wood 4x4 posts (Caltrans or County-maintained), or pertaining to exclusive use by bikes/pedestrians, walking/hitchhiking, Adopt-A-Highway, and those with blue or brown backgrounds Geo-tag each sign's location (±3') using high-accuracy GPS coordinates Photograph each sign for documentation and verification purposes Document each sign with the following comprehensive attributes:
Designation number and classification in accordance with the MUTCD. If the sign is not a MUTCD sign, use “N-STD” as the sign code.
Word description of sign (e.g., 35 mph speed limit sign, pedestrian crossing warning sign, flashing beacons). Include unique sign information, such as “No 1-17Concord - Document ID: generated after first signature Parking” sign times.
Inspection date.
Sign shape, legend color, and background color.
General roadway direction the sign serves (e.g., northbound traffic).
General lateral position of the sign (e.g., overhead, median, parkway, highway side)
Sign size in inches (Width, Height, Length)
Sign mounting surface (Concrete, Dirt, etc)
Sign overall condition (e.g., Excellent, Good, Fair, Poor) Sign mounting condition (e.g., Excellent, Good, Fair, Poor) Sign sheeting condition (e.g., Excellent, Good, Fair, Poor) Sign backing condition (e.g., Excellent, Good, Fair, Poor) Sign visibility condition (e.g., Excellent, Good, Fair, Poor) Sign orientation (N, NE, E, SE, S, SW, W, NW, NS, EW)
Sign sheeting material (Diamond/Prismatic, High Intensity, Reflective, Non-Reflective, Other)
Sign backing (Aluminum, Fiberglass, Plastic, Steel, Wood, Other) Sign arrangement (On Support, On Mast Arm, On Span Wire, On Overhead Structure, On Bridge, Other)
Sign mounting (Bolted, Banded, Other)
Sign Support (Single Post, Double Post, Post in Barrel, Span Wire, Structure, Round, U-Channel, Teles-bar, Banded)
Sign support material (Concrete, Steel, Wood, Other)
Sign support size (4x4, 5x5, 6x6, 7x7, 8x8, 4x6, 3" Tube, 2" Channel, Other) Task II – Field Retroreflectivity Assessment
Perform retroreflectivity assessment of all signs in the field using a retroreflectometer that complies with ASTM E1709, Standard Test Method for Measurement of Signs Using a Portable Retroreflectometer
Process includes:
1. Testing both legend and background reflectivity values
2. Assigning a status of “Acceptable” or “Unacceptable” based on current CAMUTCD minimums
3. Using calibrated signs for each CAMUTCD color combination, maintained near minimum thresholds, and verified prior to each field session
4. Excluding retroreflectivity testing for:
“No parking, stopping, or standing” signs
Non-CAMUTCD signs or other non-traffic control signage
All measurements will be tied to GIS records and included in final reporting.
Traffic Control Coordination
To help the City minimize overall project costs, ARA will not procure traffic control services or permits. Should traffic control be required to safely access certain sign 2-17Concord - Document ID: generated after first signature locations, we respectfully request that the City coordinate and provide those services directly. This approach helps the City avoid markups and added overhead that would result if we were to subcontract and pass through the cost, offering a more efficient and economical outcome. We will proactively identify and communicate any traffic control needs in advance to streamline scheduling and support City coordination.
2.1.3 Task III – Data Management and Analysis
Input all collected data into a GIS-based system for easy access and analysis Implement a rigorous quality assurance plan, including:
Verification of accuracy and completeness of all data through systematic quality control checks
Periodic audits of fieldwork and data entry processes
Cross-validation of attributes for consistency
Analyze the data to identify:
Signs that fall below required retroreflectivity levels Signs with poor physical condition requiring maintenance Signs that are otherwise deficient or non-compliant
Prioritize signs for maintenance or replacement based on:
Condition assessment results
Safety importance (regulatory vs. informational)
Location and visibility factors
Compliance requirements
Task IV –Reporting and Recommendations
Submit a preliminary report detailing:
Initial findings from the inventory and assessment
List of signs requiring immediate attention due to critical deficiencies Maps and visualizations showing sign distribution and condition patterns Prepare a comprehensive final report including:
Complete inventory and assessment methodology
Detailed findings across all evaluation criteria
Analysis of patterns and trends in sign conditions
Maps and data visualizations of sign distribution and conditions Recommendations for sign maintenance and replacement
Prioritized list of signs needing replacement or maintenance Estimated costs for implementing recommended actions
Implementation strategy for the sign replacement project in accordance with CAMUTCD standards
2.1.5 Task V – Deliverables:
Comprehensive GIS database of up to 20,400 street signs including:
Complete attribute information as specified in the scope of work Retroreflectivity assessment results with quantitative measurements Digital photographs linked to each sign record
3-17Concord - Document ID: generated after first signature Condition ratings and compliance status
Detailed sign inventory in a format compatible with importing into the City's Enterprise Asset Management system
Retroreflectivity assessment data for each sign, including measurement values and compliance status
Preliminary report with immediate action recommendations for critical signage issues Comprehensive final report with:
Complete survey findings and analysis
Prioritized recommendations for sign replacement and maintenance Implementation strategy and cost estimates
Digital maps and visualizations
Based on the survey results, we will develop a Retroreflective Sign Maintenance Plan that establishes a recurring three-year inspection cycle to be completed in accordance with CAMUTCD standards. This plan will include a data-driven sign replacement strategy designed to optimize the use of available funding and ensure long-term compliance and safety.
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 PROJECT DESIGNER 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 PROJECT DESIGNER, 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 design professional services required by this Contract, PROJECT DESIGNER shall act under the authority and approval of a Project Manager appointed by the Director of Public Works/designee. The City Project Manager will oversee the work under this Contract, assist PROJECT DESIGNER with any necessary information, audit billings, and approve payments. PROJECT DESIGNER shall channel reports, deliverables and special requests through the City Project Manager.
3 PROJECT DESIGNER’S KEY PERSONNEL
PROJECT DESIGNER’s Team and Key Personnel are as follows:
Project Manager
Assistant Project Manager
Liscensed Civil Engineers
4-17Concord - Document ID: generated after first signature Sign Surveyors
GIS Manager
Qa/QC Manager
This Design Professional Services Contract has been awarded to PROJECT DESIGNER based on its representation that those personnel and subcontractors listed above will perform the portions of the work listed above. PROJECT DESIGNER shall not deviate nor substitute any of these team members without prior written approval by CITY.
4 COMMENCEMENT AND COMPLETION OF WORK
The services for the Project shall commence when CITY, acting by and through its Project Manager, issues a written authorization to proceed. PROJECT DESIGNER shall complete all work described in the Description of Work and submit final deliverables within one-hundred and eighty days (180) calendar days of said authorization. PROJECT DESIGNER shall have no claim for compensation for any services or work, which has not been authorized by CITY’s authorization to proceed. 5 TAXES
5.1 PROJECT DESIGNER shall pay all sales, consumer, use, and other similar taxes required to be paid by PROJECT DESIGNER in accordance with state and local laws.
5.2 PROJECT DESIGNER 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 PROJECT DESIGNER or acting on its behalf, in connection with this Contract shall be considered the Agent or employee of CITY.
5.3 PROJECT DESIGNER 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
PROJECT DESIGNER 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. PROJECT DESIGNER 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 5-17Concord - Document ID: generated after first signature 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
7.1 PROJECT DESIGNER shall be responsible for the completeness and accuracy of its services and work and documents resulting there from, and CITY shall not be responsible for discovering deficiencies therein. PROJECT DESIGNER 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.
7.2 PROJECT DESIGNER shall be familiar with CITY’s Standard Details and Specifications and other relevant CITY regulations. PROJECT DESIGNER shall ensure there are no conflicts among the Contract Documents including, but not limited to, the CITY’s Standard Specifications and Special Provisions for Construction Contracts, the plans and specifications prepared by PROJECT DESIGNER, any standard details or specifications incorporated therein by reference, and the Construction Contract.
8 PROJECT DESIGNER’S PERSONNEL
8.1 All services required under this Contract shall be performed by PROJECT DESIGNER, or under PROJECT DESIGNER’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 PROJECT DESIGNER 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 PROJECT DESIGNER shall be responsible for payment of all PROJECT DESIGNER’s employees’ and subcontractor’s wages and benefits and shall comply with all requirements pertaining to the employer’s liability, workers’ compensation, unemployment insurance, and Social Security.
8.4 PROJECT DESIGNER shall indemnify and hold harmless CITY, and its respective officers, agents and employees from and against all claims, demands, damages or costs arising from PROJECT DESIGNER’s acts or omissions with respect to any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices.
8.5 PROJECT DESIGNER shall pay, if required by applicable law, not less than the general prevailing hourly wage rates, as determined by the Director of the Department of Industrial Relations pursuant to the California Labor Code, for each 6-17Concord - Document ID: generated after first signature craft, classification, or type of worker needed to perform the Contract. Copies of the prevailing rate of per diem wages are on file in the office of the Director of Public Works.
9 COMPENSATION
9.1 For all of work and services including the various phases of tasks as described in Section 1, Scope of Services, CITY shall pay to PROJECT DESIGNER an amount not to exceed the sum of Four hundred eighteen thousand nine hundred and seventy-nine dollars ($418979), as follows:
TASK 1 - SIGN INVENTORY $ 52,890
TASK 2 - RETROREFLECTIVITY ASSESSMENT $265,000
TASK 3 - DATA MANAGEMENT AND ANALYSIS $ 31,130
TASK 4 - REPORTING AND RECOMMENDATION $ 13,490
TASK 5 - DELIVERABLE $ 18,380
Contingency $38,089
FOR A NOT TO EXCEED PRICE $418,979
PROJECT DESIGNER shall perform no work in excess of the total contract price without prior approval of CITY. Total contract price includes expenses related to travel to and from CITY to meet with City and to appear before City Council or any other board or commission of CITY.
9.2 An application and certification for payment form must be submitted to CITY which shall include the following: a clear, detailed invoice reflecting hours 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 the project; any/all backup documentation supporting the above items. Work schedule updates must also be included in the monthly progress payment requests.
9.3 PROJECT DESIGNER shall maintain adequate records and shall permit inspection and audit by CITY of PROJECT DESIGNER’s charges under this Contract. PROJECT DESIGNER 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 PROJECT DESIGNER 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 PROJECT DESIGNER shall retain its records for the time required by such laws.
9.4 No payment made hereunder by CITY to PROJECT DESIGNER, shall be construed as an acceptance by CITY of any work or materials, nor as evidence of satisfactory performance by PROJECT DESIGNER of its obligations under this Contract.
10 INDEMNIFICATION
7-17Concord - Document ID: generated after first signature To the fullest extent of the law, and consistent with Civil Code section 2782.8, PROJECT DESIGNER agrees to defend, indemnify, hold free and harmless the CITY, its elected and appointed officials, officers, agents and employees, at PROJECT DESIGNER’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against CITY, its elected and appointed officials, officers, agents, and employees to the extent arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the PROJECT DESIGNER, its employees, and/or authorized subcontractors, in performing design professional services pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness or willful misconduct of the PROJECT DESIGNER, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness, or willful misconduct of PROJECT DESIGNER, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the CITY, its elected and appointed officials, officers, agents, and employees based upon such negligence, recklessness, or willful misconduct, whether or not the PROJECT DESIGNER, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the PROJECT DESIGNER shall not be liable for the defense or indemnification of the CITY for claims, actions, complaints or suits arising out of the sole or active negligence or willful misconduct of the CITY. Further, in no event shall the cost to defend charged to the design professional exceed the design professional’s proportionate percentage of fault, unless otherwise specified in Civil Code section 2782.8. This provision shall supersede and replace all other indemnity provisions contained either in the CITY’s specifications or PROJECT DESIGNER’s Proposal, which shall be of no force and effect.
11 INSURANCE
11.1 PROJECT DESIGNER, 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* $1,000,000 limit on a per occurrence basis
8-17Concord - Document ID: generated after first signature
11.1.3 Commercial General Liability
$1,000,000.00 limit on per occurrence basis
$2,000,000.00 general aggregate limit
11.1.4 Commercial Automobile Liability
$1,000,000.00 combined single limit including owned, non-owned and hired automobile coverage
11.2 All of PROJECT DESIGNER’s policies shall contain an endorsement providing that written notice shall be given to CITY at least thirty (30) calendar days prior to termination, cancellation or reduction of coverage in the policy.
11.3 Policies providing for bodily injury and property damage coverage shall contain the following:
A. An endorsement extending coverage to the City as an additional insured, in the same manner as the named insured, as respects liability arising out of the performance of any work under the Contract. Such insurance shall be primary insurance, as respects the interest of the City, and any other insurance maintained by the City shall be considered excess coverage and not contributing insurance with the insurance required hereunder. The Certificate and endorsements shall state that: “The 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 named as additional insured”.
B. “Severability of Interest” clause.
11.4 Promptly on execution of this Contract, and prior to commencement of any work, PROJECT DESIGNER shall deliver to CITY certificates of insurance and endorsements to all required policies demonstrating that PROJECT DESIGNER has the required coverage and showing the required named insureds. Within five (5) days of written request from CITY, PROJECT DESIGNER shall deliver to CITY full and complete copies of all insurance policies required by this Contract.
11.5 The requirements as to the types and limits of insurance to be maintained by PROJECT DESIGNER are not intended to and shall not in any manner limit or qualify PROJECT DESIGNER’s liabilities and obligations under this Contract.
11.6 Any policy or policies of insurance that PROJECT DESIGNER 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.
11.7 All insurance coverages must be maintained throughout the duration of this Contract.
9-17Concord - Document ID: generated after first signature
11.8 Acceptable Proof of Insurance:
11.8.1 ACORD Certificate of Insurance listing all coverages, limits, deductibles and insureds; and endorsements for all applicable coverages if agent has authority to issue it; Additional insured Form CG20101185 or CG20100707 and CG20370704 or equivalent must be provided for general liability coverage. Additional insured form CA0001 must be provided for automobile liability coverage.
11.8.2 Agents must confirm that policy endorsements have been ordered from the respective insurance companies. Upon issuance, policy endorsements listing all insurers must be submitted to the City Attorney.
11.8.3 *When professional (E&O) liability coverage is provided on a “claims made basis”, PROJECT DESIGNER 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 PROJECT DESIGNER, 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 PROJECT DESIGNER 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 PROJECT DESIGNER 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 PROJECT DESIGNER shall be subject to all other insurance requirements that are stated herein.
Any deviation in this requirement will be PROJECT DESIGNER's sole risk. PROJECT DESIGNER'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, PROJECT DESIGNER shall immediately stop all work hereunder, and shall immediately cause any of its suppliers and sub-consultants to cease such work.
PROJECT DESIGNER shall also surrender to CITY all finished or unfinished documents or programs and other materials, which shall be City’s property. As compensation in full for services performed to the date of such termination, the PROJECT DESIGNER 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. 10-17Concord - Document ID: generated after first signature 13 TERMINATION FOR CAUSE
13.1 If the City determines that the PROJECT DESIGNER 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 PROJECT DESIGNER 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 PROJECT DESIGNER 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 PROJECT DESIGNER to provide all finished or unfinished documents, data, studies, software, drawings, maps, photographs, reports, etc., prepared by the PROJECT DESIGNER. Upon such termination, the PROJECT DESIGNER 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 PROJECT DESIGNER to complete the services. In the event no new PROJECT DESIGNER is employed, the PROJECT DESIGNER 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 drawings, and to other 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 the PROJECT DESIGNER 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 PROJECT DESIGNER arising out of, or relating to this Contract, or the breach thereof shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties.
15 OWNERSHIP OF DOCUMENTS
11-17Concord - Document ID: generated after first signature All documents, including, but not limited to, tracings, drawings, plans, specifications, original mylars, estimates, field notes, investigations, design analysis and studies which are prepared in the performance of this Contract are to be, and remain the property of, CITY. PROJECT DESIGNER shall furnish CITY, upon its request, originals or reproducible or electronic copies of technical specifications and of all other documents listed above. PROJECT DESIGNER shall endorse, by his professional seal, all plans and data furnished by him. 16 RE-USE OF DOCUMENTS
The parties agree the documents, drawings, specifications, and designs, although the property of CITY, are prepared for a specific project and are not intended nor represented by PROJECT DESIGNER to be suitable for re-use for any other project.
Any reuse without written verification or adaptation by PROJECT DESIGNER for the specific purpose intended will be at CITY’s sole risk and without liability or legal exposure to PROJECT DESIGNER.
17 SUBCONTRACTING, DELEGATION AND ASSIGNMENT
17.1 PROJECT DESIGNER 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 PROJECT DESIGNER 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, delegee 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, delegee or subcontractor shall include the following:
A. The amount involved, together with PROJECT DESIGNER’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.
17.2 Any assignment, delegation or subcontract shall be made in the name of PROJECT DESIGNER and shall not bind or purport to bind CITY and shall not release PROJECT DESIGNER from any obligations under this Contract including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees and subcontractors. No such assignment, delegation or subcontract shall result in any increase in the amount of total compensation payable to PROJECT DESIGNER under this Contract.
12-17Concord - Document ID: generated after first signature 18 NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
18.1 In performance of this Contract, PROJECT DESIGNER 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. PROJECT DESIGNER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry, sex, national origin, handicap, or age. Affirmative action relating to employment shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
18.2 The provisions of subsection 18.1 above shall be included in all solicitations or advertisements placed by or on behalf of PROJECT DESIGNER for personnel to perform any services under this Contract. CITY shall have access to all documents, data and records of PROJECT DESIGNER 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.
19 FINANCIAL INTEREST CERTIFICATION
19.1 PROJECT DESIGNER 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 PROJECT DESIGNER’s firm.
19.2 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.
20 CONFLICT OF INTEREST
20.1 PROJECT DESIGNER 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 PROJECT DESIGNER 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.
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20.2 PROJECT DESIGNER shall not employ any City official or employee to perform any work required pursuant to this Contract.
20.3 If PROJECT DESIGNER is a registered professional engineer or licensed land surveyor and the scope of work requires PROJECT DESIGNER’s recommendation of the actual formula to spread the costs of an assessment district’s improvements, then PROJECT DESIGNER 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) PROJECT DESIGNER 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 district includes other parcels in addition to those parcels for which PROJECT DESIGNER received the income. In the event a conflict of interest does arise in that context, City shall select a different PROJECT DESIGNER 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 PROJECT DESIGNER.
20.4 To the extent required by the City Manager/designee, PROJECT DESIGNER 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.
21 COMPLIANCE WITH LAW
21.1 PROJECT DESIGNER 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 PROJECT DESIGNER uses any subcontractors to complete this Contract, this same requirement shall be included in all subcontracts and strictly enforced by PROJECT DESIGNER.
21.2 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. 22 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.
23 ENTIRE CONTRACT AND AMENDMENTS
23.1 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.
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23.2 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 PROJECT DESIGNER hereunder, shall be binding unless in writing and signed by the party against whom the same is sought to be enforced.
23.3 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. 15-17Concord - Document ID: generated after first signature 24 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: APPLIED RESEARCH ASSOCIATES,
INC.:
Sal Mendez
City Manager Pro Tem
Rachel Cavallaro
Contracts Manager
ADDRESS FOR NOTICE:
CITY OF PALMDALE
38205 Sierra Highway
Palmdale, CA 93550
ADDRESS FOR NOTICE:
APPLIED RESEARCH ASSOCIATES,
INC.
165 South Chestnut Street Ventura, CA
93001
APPROVE AS TO FORM:
Alexandra M. Halfman
City Attorney
ATTEST:
Roxanne Faber
City Clerk
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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: SEPTEMBER 2, 2025
TO: HONORABLE MAYOR PRO TEM AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
CAPITAL IMPROVEMENT PROGRAM DIVISION
DISTRICT: 3
SUBJECT: AWARD AND APPROVE CONSTRUCTION AGREEMENT WITH
BERGMAN KPRS , LLC, FOR DESIGN -BUILD SERVICES FOR PN
924, DRYTOWN WATER PARK THRILL RIDE ATTRACTION
PROJECT FOR A TOTAL NOT TO EXCEED AMOUNT OF $2,319,980
FOR A COMPLETION DATE NO LATER THAN APRIL 15, 2026; AND
APPROVE AND AWARD AGREEMENT WITH MNS ENGINEER S,
INC. FOR PROJECT/CONSTRUCTION MANAGEMENT SERVICES
FOR A TOTAL NOT TO EXCEED AMOUNT OF $330,000 FOR A
TERM OF 12 MONTHS
RECOMMENDATION
Staff recommend that the City Council:
1. Award and Approve Construction Agreement No. A-9499 with Bergman KPRS , LLC, (Bergman) for Design-Build Services for PN 924, DryTown Water Park Thrill Ride Attraction Project (Project) for a total not to exceed amount of $ 2,319,980, which includes a contract amount of $2,109,072, plus a 10% contingency amount of $210,908 for a completion date no later than April 15, 2026;
2. Authorize the City Manager Pro Tem or his designee to execute Agreement No.
A-9499 with Bergman, including minimal and/or non-substantial changes;
3. Award and Approve Agreement No. A -9506 with MNS Engineer s, Inc. , for project/construction management services for the Project , for a total not to exceed amount of $330,000, which includes a contract amount of $300,000, plus a 10% contingency amount of $30,000 for a term of 12 months from the date of the Notice to Proceed;
4. Authorize the City Manager Pro Tem or his designee to execute Agreement No.
A-9506 with MNS Engineers, Inc., including minimal and/or non -substantial changes; and,
Report to Mayor Pro Tem and City Council
Re: Award and Approve of PN 924, Agreement Nos. A-9499 and A-9506 September 2, 2025