Palmdale City Council
October 7, 2025

 Improved space efficiency and training capacity.

This state-of-the-art facility will support the City's transiti on to a zero -emission vehicle (ZEV) fleet and ensure the continued reliability and performance of City vehicles.

DISCUSSION

On May 2, 2025, the City released a design Request for Qualifications (RFQ) and fee proposal to solicit services from engineers and architects for the design of the Fleet Maintenance Building. The RFQ was advertised for four weeks, with a bid closing date of June 5, 2025 . Four qualification packages were received, and three were deemed responsive. After reviewing qualifica tions, conducting the selection process, and communicating with each firm, Duke Engineering, a local firm, was determined to be the most qualified. The firm demonstrated strong experience and technical capability and submitted a proposal that fell within the approved budget.

Vendor Location

1. Duke Engineering Lancaster, CA

2. RY+AO Solana Beach, CA

3. SVA Santa Ana, CA

4. FEI Associates Consulting Engineers Chino, CA

FISCAL IMPACT

$248,946.25; This project is funded using Sewer Maintenance funds. Sufficient funds are budgeted for the design portion of the project and are available in FY 2025-26.

STRATEGIC PLAN

Goal III: Invest in infrastructure to improve community livability.

B. Implement and administer environmentally sustainable programs.

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, Interim City Manager
Approved as to form: Alexandra Severino, City Attorney

ATTACHMENTS

Agrmt No. A-9288 with Duke Engineering
Project Map
AGREEMENT NO. A-9288

CONTRACT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE CITY OF PALMDALE AND DUKE ENGINEERING

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 Duke Engineering (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 524 Maintenance Yard Fleet Building and Utility Upgrade.

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:

SCOPE OF SERVICES:

Scope of Professional Design Services includes but not necessarily be limited to the following:

1. Provide Conceptual Design.

2. Provide Plans, Specification and Cost Estimate (PS&E) for bidding purposes.

3. Survey the area to be affected by planned improvements

4. Research for available As-built utilities

5. Provide a site layout showing the location of the building and service utilities.

The consultant shall coordinate, apply for permit applications, and obtain all necessary permits and approvals from Palmdale Building Safety, LA County Health Department, LA County Public Works—Industrial Waste, and LA County Fire Department, . Industrial Waste permitting connection to existing or new clarifier/grease interceptor.
1-18Concord - Document ID: generated after first signature Deliverables: Include 30%, 60%, 90%, and 100% construction drawings and specifications, bid schedules, and Engineer’s Cost Estimates.

Bid Services: The consultant shall provide bidding assistance. Bidding services include construction cost estimates and response to Q&A during bidding. 2-2 Project Tasks
This Consultant Contract shall provide architectural and engineering design services, which include the professional services necessary to prepare environmental documentation, planning applications, and complete construction documents for the project, and can be categorized into the following tasks, as outlined below:

Architectural Design Services
Task 1 – Project Management
The consultant shall be responsible for project management activities throughout the life of the contract and the scope of activities includes but is not limited to, coordinating and being responsible for scheduling meetings, conducting bi-weekly progress meetings with City staff to review project status, preparing and managing the project schedule, preparing and distributing minutes, field reviews, tracking action items for the City, and consultant sub-contractors, and coordinating and preparing all submissions for City plan review to the Engineering Division . A detailed schedule for all phases of the project and the Consultant’s tasks/services, including time for reviews and approvals, should be provided to the Project Manager. The detailed schedule shall be updated monthly as needed or as directed by the Project Manager.

Virtual Project Management (VPM)
The consultant will be required to utilize the City’s project management system, Virtual Project Management (VPM), for all project communication and document submittal. VPM is a cloud-based software that allows project access to all project stakeholders to communicate and record all preliminary engineering, design, and construction activities. Any plans, bi-weekly progress meeting agendas and notes, project documents, submittals, PS&E package, Request for Information (RFIs), invoicing, labor compliance, or any communications shall be documented in VPM.

The use of VPM is mandatory. There is no cost to the consultant to utilize the software, and the City will provide any required training.

Permitting
The consultant shall take the lead in coordinating with the City Building and Safety, LA County Health Department, LA County Public Works-Industria Waste, and LA County Fire Department California Public Utilities and Engineering Branch and preparing the necessary applications for all the permits required before the project bid advertisement.
2-18Concord - Document ID: generated after first signature Task 2 - Utility Research & Investigation
Task 2a - The consultant shall research all existing utility infrastructure, including franchise utilities. They shall identify all utilities that may be impacted by the improvement project, including research on prior rights, to clearly identify parties responsible for the relocation of applicable utilities. The consultant shall provide the City with verification of utility company review of design plans and/or verification of utility research. The consultant shall maintain a log and lead utility coordination with the City and third-party utility companies.

Task 2b – Topographic Survey: The consultant shall provide a topographical survey.

Cross-section elevations are to be taken no more than 50 FT apart. The topographic survey shall also note any deficiencies and other unusual conditions in locations that should be addressed as part of the improvement project. The survey shall also locate all drainage infrastructure locations, tree locations, other utilities, non-ADA-compliant curb ramps, driveway approaches, etc. The consultant shall review and research as- built drawings.

Task 3 – Preparation of CASP Report
The consultant shall provide detailed information about the inspected facility, identifying any non-compliant accessibility features, citing relevant codes, providing photographic evidence, and outlining recommended corrections with a reasonable timeline for compliance, all in accordance with the Construction-Related Accessibility Standards Compliance Act (CRASCA) standards; the report should clearly state whether the identified issues require “readily achievable barrier removal" and should be presented in a format that is easy to understand for the property owner.

Task 4 – Conceptual Design
The consultant shall develop a concept based on the design requirements and hold an initial meeting with the City staff, facility team, and other stakeholders to review the project objectives. The consultant shall develop initial input regarding the architectural programming, and design concerns will be discussed. Based on feedback, a conceptual master plan will be developed to ensure the design requirements are met.

Task 5 – Preliminary Design (30% and 60% PS & E)
• The consultant shall prepare plans based on preliminary findings and comments received from City Staff and meet all, but not limited to, the design requirements shown in Exhibit A
• The consultant shall prepare Special and Technical Provisions, which shall be incorporated into the city’s standard. The Special and Technical provisions shall be in accordance with the latest editions of the Standard Specifications for Public Works Construction (Greenbook) and Caltrans Standard Plans and Specifications. 3-18Concord - Document ID: generated after first signature • The consultant shall prepare a Preliminary Engineer's Estimate at each submittal milestone for the City’s review. The estimate will incorporate unit prices for the various items of work and clearly define them. The estimated construction budget is $4,000,000, funded with Sewer funds. The consultant shall prioritize, recommend the most critical improvements, and provide alternatives to meet the Project budget.

Task 6 – Final Design (90% and 100% PS & E)
For 90% of the PS&E, the consultant shall incorporate all City comments and concerns from the Preliminary Design phase and meet with City staff to review the final design. Two (2) sets of hard copies of the PS&E, as well as electronic files, shall be provided at this meeting.
•For 100% PS&E, Once the consultant has addressed all final review comments, the following deliverables shall be provided to the City:

1. Final drawings;
a. 1 set of mylars stamped and signed by the Engineer of Record b. Electronic files in AutoCAD format
c. Copies of all plans in PDF format
d. Copy of surveyor’s digital control points

2. Project specifications on the City’s standard boilerplate; a. 1 hard copy set stamped and signed by the Engineer of Record b. Electronic files in Word and PDF format

3. Engineer’s estimate;
a. 1 hard copy set
b. Electronic files in Excel and PDF format

4. Copy of utility research documents (as-built plans and request letters); Task 7 - Civil Design Services
Task 7.1 - Survey
The consultant will perform field surveying and mapping. Ground survey to include any features not identified in aerial survey and features needed for design conforms.

The scope includes supplemental ground survey to obtain necessary details and topographic information to perform the design.

Task 7.2 – Site & Grading Plan
The consultant shall provide a topographical survey to determine existing elevations and slopes. Soil testing to assess soil stability and drainage capacity. The consultant shall Development of a grading plan with contour lines indicating desired elevations.

The consultant shall provide calculation of cut and fill volumes to balance earthwork.

Site Plan shall include circulation plan for vehicles.

Task 7.3 – Utility Coordination
Consultant will prepare and send an official first notice regarding the proposed project 4-18Concord - Document ID: generated after first signature to the utility providers within the City. Consultant shall use DigAlert to establish a listing of providers and contacts for notification. The notice will include a description of the project and a request for record information related to utilities within the vicinity of the project. The notification will also include a request for procedural information related to coordination for construction (i.e. notification requirements, responsible party for utility adjustments—both cost and physical work, etc.). Research regarding utilities will also include a review of utilities from the site survey and field visits.

Task 8 - Environmental Documentation:

Consultant will provide environmental support for the project consistent with the state CEQA Guidelines. Includes studies/reports required for CEQA Clearance.

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:

KEY PERSONNEL:Ryan Duke Principal Engineer; Shawna Vargo Project 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
5-18Concord - Document ID: generated after first signature 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 twenty (120) 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 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.
6-18Concord - Document ID: generated after first signature

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 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 two hundred and sixteen thousand four hundred and seventy-five dollars ($216475), as follows:

FEE SCHEDULE:

TASK 1 : PROJECT MANAGEMENT $12,500.00
7-18Concord - Document ID: generated after first signature TASK 2: UTILITY RESEARCH $29,725.00
TASK 3: PREPARATION OF CASP REPORT $ 8,000.00
TASK 4: CONCEPTUAL BUILDING DESIGN $15,000.00
TASK 5: PRELIMINARY BUILDING DESIGN (30% & 60%) $53,500.00 TASK 6: FINAL BUILDING DESIGN (90% AND 100%) $25,000.00 TASK 7: CIVIL DESING SERVICES $38,700.00
TASK 8: ENVIRONMENTAL DOCUMENTATION $16,550.00
TASK 9: BID SPECIFICATION $10,000.00
TASK 10: CONSTRUCTION ADMIN ADVERTISE $ 7.500.00
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
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 8-18Concord - Document ID: generated after first signature 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*  $2,000,000 limit on a per occurrence basis

11.1.3 Commercial General Liability
 $2,000,000.00 limit on per occurrence basis
 $4,000,000.00 general aggregate limit

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

9-18Concord - Document ID: generated after first signature

1.1.5 Cyber Liability*
 $1,000,000.00 limit on per occurrence basis

1.1.6 Pollution/Enviornmental Liability*
 $1,000,000.00 limit on per occurrence basis

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.

11.8 Acceptable Proof of Insurance:
10-18Concord - Document ID: generated after first signature

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), enviornmental/pollution and/or cyber 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. 11-18Concord - 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
12-18Concord - 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.
13-18Concord - 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.
14-18Concord - Document ID: generated after first signature

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.
15-18Concord - Document ID: generated after first signature

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. 16-18Concord - 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: Duke Engineering:

Salvador Mendez
Interim City Manager

Ryan Duke
Principal Engineer

ADDRESS FOR NOTICE:

CITY OF PALMDALE
38250 Sierra Hwy
Palmdale, CA 93550

ADDRESS FOR NOTICE:

Duke Engineering
759 West Lancaster Blvd. Lancaster CA
93534
APPROVE AS TO FORM:

Alexandra Severino
City Attorney

ATTEST:

Roxanne Faber
City Clerk

17-18Concord - Document ID: generated after first signature ---------------------------------------- INTERNAL USE ONLY ----------------------------------------

□Certificate(s) and Endorsement(s) attached
□Confirmed business name on contract with certificate(s) □Attached Agreement Checklist and met all requirements
18-18Concord - Document ID: generated after first signature 39110
3900239003
3RD ST E
E AVENUE P-12

STANRIDGE AVE

CLOCKTOWER DR
PN 524 Fleet Building and Utility Upgrade
Project Map

City Council Staff Report

DATE: OCTOBER 7, 2025

TO: HONORABLE MAYOR PRO TEM AND CITY COUNCIL

FROM: PUBLIC WORKS DEPARTMENT

MAINTENANCE DIVISION

DISTRICT: ALL

SUBJECT: APPROVE PROJECT AUTHORIZATIONS A AND B UNDER MASTER SERVICES AGREEMENT WITH DXP ENTERPRISES , INC. , FOR

PUMP MAINTENANCE AND REPAIR SERVICES FOR A COMBINED
TOTAL NOT TO EXCEED AMOUNT OF $1,251,800, EACH FOR A

TERM OF THREE YEARS WITH AN OPTION TO EXTEND FOR TWO

ADDITIONAL ONE-YEAR TERMS

RECOMMENDATION

Staff recommend that the City Council:

1. Approve Project Authorizations A and B under Master Services Agreement No. A- 9503 with DXP Enterprises , Inc. (DXPE), for pump maintenance and repair services for a combined total not to exceed amount of $1,251,800 for a term of three years with an option to extend for two additional one-year terms;

2. Authorize the Interim City Manager or h is designee to execute Project Authorizations A and B under Master Services Agreement No. A-9503 with DXPE including minimal and/or non-substantial changes; and,

3. Authorize the Interim City Manager or his designee to exercise the option to extend two additional one-year terms.

BACKGROUND

The City utilizes service agreements with specialized contractors to support departmental operations, including pump maintenance at City parks and facility grounds, General Benefit and Assessment District landscape areas, transit sites, street rights-of- way, and aquatic facilities.

These services encompass annual preventative maintenance, inspections, testing, and as-needed repairs and replacements for citywide irrigation booster pumps, storm water Report to Mayor Pro Tem and City Council
Re: Approve Agrmt No. A-9503 Master Services and Authorizations A and B with DXPE October 7, 2025

pumps, and aquatic facility pumps. Preventive maintenance minimizes the risk of pump failures, thereby mitigating costly repairs and potential disruptions to operations and community programs.

By contracting these services, the City can effectively manage the demands of approximately 100 pumps, address deferred maintenance needs, and improve overall operational efficiency. This support is essential to maintaining safe and attractive facilities, public spaces, and infrastructure for the community.

DISCUSSION

On May 6, 2025, the City issued Request for Proposal (RFP) No. 25-005-3500 for pump maintenance services . The solicitation was distributed through PlanetBids to 22 prospective bidders, and three complete proposals were received by the June 10, 2025, deadline.

Vendor Location
Brax Company, Inc. Bakersfield, CA
DXP Enterprises, Inc. Anaheim, CA
Power Bros. Machine Inc. Montebello, CA

Proposals were evaluated on qualifications, relevant experience, technical approach, and cost. While all bidders met expectation s, DXPE had the lowest responsible proposal.

DXPE has nearly 40 years of experience in pump maintenanc e, including work with municipalities and government agencies . They also received strong client re ferences highlighting their excellent customer service and effective cost control.

Project Authorization A covers annual preventative maintenance, inspections, testing, and as -needed repairs and replacements for citywide irrigation booster pumps, and storm water pumps, including pump maintenance at City parks and facility grounds, General Benefit and Assessment District landscape areas, transit sites, and streets.

Project Authorization B covers annual preventative maintenance, inspections, testing, and as-needed repairs and replacements for Parks and Recreation aquatic facility pumps.

FISCAL IMPACT

$1,251,800; Sufficient funds for pump maintenance and repair services are budgeted in Landscape Maintenance, Park Mai ntenance, Transit Services, Street Maintenance, Aquatics Maintenance, and DryTown Water Park. The authorization agreement amounts are comprised as follows:

Report to Mayor Pro Tem and City Council
Re: Approve Agrmt No. A-9503 Master Services and Authorizations A and B with DXPE October 7, 2025

Project Authorizations Department/Division Amount
A-9503-A Maintenance Division (MTC) $651,800
A-9503-B Parks & Recreation Department (P&R) $600,000

STRATEGIC PLAN

Goal III. Invest in infrastructure to improve community livability.

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, Interim City Manager
Approved as to form: Alexandra Severino, City Attorney

ATTACHMENTS

Agrmt No. A-9503 Master Services Agreement with DXP Enterprises, Inc.

Agrmt No. A-9503-A Project Authorization with DXP Enterprises, Inc. (MTC) Agrmt No. A-9503-B Project Authorization with DXP Enterprises, Inc. (P&R) AGREEMENT NO. A-9503

CONTRACT FOR SERVICES
BETWEEN THE CITY OF PALMDALE AND DXP ENTERPRISES, 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 DXP ENTERPRISES, INC., a Corporation, (hereinafter called “CONTRACTOR”). This Contract shall become effective on the date of the last signatory.

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

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

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

This agreement will serve as the master agreement for multiple Project Authorization Agreements (PAAs) with Exhibit "C" Scope of Work providing requirements, locations, and related schedules.

The CONTRACTOR shall provide pump maintenance and repair services (as needed) for CITY drainage basin/stormwater pumps, irrigation booster pumps, and aquatic/swimming pool pumps within Landscape Maintenance Districts (LMDs), General Benefit landscapes, Parks, Transportation Center, Park and Rides, City facilities, pools, DryTown Water Park, and Street Maintenance areas as more specifically set forth in Exhibit "C" Scope of Work attached hereto and made part herein by reference.

The CONTRACTOR shall provide all labor, parts, materials, and equipment for the inspection, testing, disassembly, maintenance, repair, replacement, and/or reassembly of all pumps. For the location and pump type, please see Appendix A – Pump Location by Type.
1-14Concord - Document ID: generated after first signature The CONTRACTOR shall be responsible for the full scope of services appropriate to work of this nature, including but not exclusive to the items enumerated herein. The CONTRACTOR shall ensure that all technicians performing work under this Agreement possess an in-depth working knowledge of all relevant methods and equipment required to operate and service the pump systems.

The CONTRACTOR shall provide pump maintenance and replacement services with preferred priority status according to the technical specifications and demonstrate the ability to deliver these requirements as a qualified service provider. The CONTRACTOR shall provide services on-site (in-house) to expedite any repairs and machining operations that may be required.

All work shall conform to manufacturer specifications and may include but is not limited to:
• In-house or on-site pump repairs, rebuilds, and upgrades. • Preventative maintenance programs.
• Pickup and delivery for pumps & equipment being serviced. • Repair of pumps, motors, valves and mechanical seals. • Pump machining.
• Media blasting (surface preparation)
• Application of protective coatings for pumps and impellers, using Engard and 3M Fusecote.
• Impeller dynamic balancing.
• Remanufacturing of impellers.
• Pump mechanical seal conversions or installation.
• Pump laser shaft alignment.
• Pump installation services.
• Pump control panel service and replacement.
• Pump system telemetry and instrumentation.
• Upgrading of pump systems to PLC and VFD controllers. • Certified confined space entry capabilities. Confined Space Entry Permits may be required for various projects. The contractor and technician(s) shall abide by all California and OSHA requirements. Contractor shall provide proof of Confined Space Entry certification.

Bonds
Unless otherwise expressly provided in the bid documents, if any individual project performed under this agreement exceeds $25,000, CONTRACTOR shall provide CITY with a performance and payment bond each in the full amount of the individual project. Such bonds are required by the CITY before work is to be performed on the specified project. If bonds are required, CONTRACTOR shall submit all bonds electronically through Surety2000.
2-14Concord - Document ID: generated after first signature

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.

2.7 At all times during the term Contract, CONTRACTOR shall possess and maintain all required Federal, State, and local licenses and permits. CONTRACTOR shall possess a valid and current C-61 Limited Specialty / D-21 Machinery and Pumps Contractor’s License with the Contractor's State License Board (CSLB) and City of Palmdale Business License to perform the required work.

CONTRACTOR's CSLB license number is 1081822. CONTRACTOR's DIR registration number is 1000832271. CONTRACTOR's Business License number is [pending]. CONTRACTOR hereby certifies that it holds the required license(s).

2.8 This Contract calls for work to be performed constituting public works. All labor is to be paid at prevailing wage rates. CONTRACTOR to determine proper wage classification. CONTRACTOR and all subcontractors must be registered with the State of California Department of Industrial Relations (DIR) as a public works contractor for the duration of the agreement and is responsible for any and all registration and/or renewal fees. CITY may request certified payroll records for any work performed under the term of the agreement. CONTRACTOR acknowledges and understands it must comply with the prevailing wage requirements as set for in Exhibit A.

2.9 CONTRACTOR shall comply with the requirements of Section 1776 of the Labor Code, of the State of California. Failure of the CONTRACTOR to comply with the Labor Code requirements to pay prevailing wages and to maintain certified payroll 3-14Concord - Document ID: generated after first signature records may result in withholding from progress payments amounts for unpaid wages and penalties as authorized by the Labor Code. CONTRACTOR shall submit certified payroll records (CPRs) to the Labor Commissioner using DIR's electronic certified payroll reporting system if project exceeds $25,000 for new construction, alteration, installation, demolition, or repair or $15,000 for maintenance. If project is applicable, CITY shall verify CONTRACTOR's eCPRs are submitted before processing invoices for payment.

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:

Service Manager, Mark Fox ([email protected])
Shop Manager, Shane Quinn ([email protected])
Sales Engineer, Tony Nunez ([email protected])
Individual Project Coordinators
Field Service Technicians
Mechanics
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.

3.3 Direct Responsibility. All services required under this Contract shall be performed by CONTRACTOR, or under CONTRACTOR’s direct supervision, and all 4-14Concord - Document ID: generated after first signature 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 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
5-14Concord - Document ID: generated after first signature CITY shall pay to CONTRACTOR an amount not to exceed Zero dollars ($0.00) 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:

As set forth in Exhibit "D" Fee Schedule attached hereto and made part herein by reference. Fee schedule shall be applied to each Project Authorization Agreement based on the scope of work.

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.

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.
6-14Concord - Document ID: generated after first signature 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

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. 7-14Concord - Document ID: generated after first signature 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
 $2,000,000.00 limit on a per occurrence basis
 $4,000,000.00 general aggregate limit

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

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

10.1.5 Professional (E&O) Liability*
 $2,000,000.00 limit on a per occurrence basis

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

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

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

Such insurance shall be primary insurance, as respects the interest of the City, and any other insurance maintained by the City shall be considered excess coverage and not contributing insurance with the insurance required hereunder. The certificates shall state: “The City of Palmdale, Successor Agency to the Community Redevelopment Agency of the City of Palmdale, 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 8-14Concord - Document ID: generated after first signature written request from CITY, CONTRACTOR shall deliver to CITY full and complete copies of all insurance policies required by this Contract.

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

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

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

10.8 Acceptable Proof of Insurance:

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

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

10.8.3* When professional and/or pollution/enviornmental liability coverage is provided on a "claims-made basis", CONTRACTOR will continue to renew the insurance for a period of five (5) years after this Contract expires or is terminated.

Such insurance will have the same coverage and limits as the policy that was in effect during the termf of this Contract, and will cover CONTRACTOR, or its officers, employees or agents during the time this Contract was in effect.

10.9 Notwithstanding any other provision of this Contract, CITY may immediately terminate this Contract if, at any time CONTRACTOR fails to maintain the required 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.

9-14Concord - Document ID: generated after first signature Any deviation in this requirement will be CONTRACTOR's sole risk. CONTRACTOR's insurance requirements in Section 10 will not be impacted and/or limited by such deviation.

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

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

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

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

12.3 If, after notice of termination of the Contract under the provisions of this Section 12, it is determined, for any reason, that CONTRACTOR was not in default, 10-14Concord - Document ID: generated after first signature or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 11. 13 DISPUTE RESOLUTION
All claims, disputes, and other matters in question between CITY and CONTRACTOR arising out of or relating to this Contract or the breach thereof shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. 14 OWNERSHIP OF PRODUCT
All product, data, documents, programs and software including, but not limited to, research, field notes, investigations, analysis, studies, processes, software, instructions for use and other manuals, whether complete or incomplete, which are prepared or produced in the performance of this Contract are to be, and remain the property of CITY and shall be delivered to or left with CITY upon the completion or termination of this Agreement. CONTRACTOR shall furnish CITY, upon its request, originals and reproducible and electronic copies of product, data reports, studies and of all other documents listed above. Electronic copies shall be provided in an unprotected format which allows CITY to copy, reproduce and makes changes as CITY deems necessary.
15 DELEGATION AND ASSIGNMENT

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

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

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

CONTRACTOR will take affirmative action to ensure that applicants are employed, 11-14Concord - Document ID: generated after first signature and that employees are treated during employment, without regard to their sex, color, race, religion, ancestry, national origin, disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sexual orientation, age, gender, gender identity, gender expression, genetic information, or military and veteran status . Affirmative action relating to employment shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

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

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

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

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

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

18.3 To the extent required by the City Manager or his designee, CONTRACTOR shall complete and file with the City Clerk a Form 700 Statement of Economic 12-14Concord - Document ID: generated after first signature Interests disclosing any reportable property interests, income, gifts, investments, or business positions.
19 COMPLIANCE WITH LAW

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

19.2 The law of the state of California shall govern this Contract. The venue of any legal action, either formal or informal, shall be the County of Los Angeles.

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

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

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

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

21.3 The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party’s right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract. 13-14Concord - Document ID: generated after first signature 22 ATTORNEY’S FEES

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

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

CITY OF PALMDALE: DXP ENTERPRISES, INC.:

Salvador Mendez
Interim City Manager

Marc Sanchez
Vice President

ADDRESS FOR NOTICE:

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

ADDRESS FOR NOTICE:

DXP ENTERPRISES, INC.
1340 N Jefferson St.

Anaheim, CA 92807
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) ■Attached Agreement Checklist and met all requirements
14-14Concord - Document ID: generated after first signature AGREEMENT NO. A-9503-A

AUTHORIZATION AGREEMENT
WITH DXP ENTERPRISES, INC.

PURSUANT TO ONGOING CONTRACT NO. A-9503

This AGREEMENT is made and entered into by and between the City of Palmdale, a municipal corporation (hereinafter referred to as “CITY”) and DXP ENTERPRISES, INC. (hereinafter referred to as “CONTRACTOR/CONSULTANT”) and is an Authorization Agreement entered into pursuant to Ongoing Contract No. A-9503This Contract shall become effective on the date of the last signatory.

WHEREAS, the term of Ongoing Contract No. A-9503 between the CITY and CONTRACTOR/CONSULTANT is from 10/13/2025 to 10/12/2028.

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

ARTICLE 1. DESCRIPTION OF WORK

The scope of work for this project consists of the following work:

The CONTRACTOR shall provide pump maintenance and repair services (as needed) for the CITY's Maintenance Division, including drainage basin/stormwater pumps and irrigation booster pumps within Landscape Maintenance Districts (LMDs), General Benefit landscapes, Parks, Transportation Center, Park and Rides, City facilities, and Street Maintenance areas as more specifically set forth in Exhibit "C" Scope of Work attached hereto and made part herein by reference.

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

ARTICLE 2. PROJECT STAFF

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

Service Manager, Mark Fox ([email protected])
Shop Manager, Shane Quinn ([email protected])
Sales Engineer, Tony Nunez ([email protected])
Individual Project Coordinators
Field Service Technicians
Mechanics

ARTICLE 3. CONTRACT PRICE

CITY shall pay CONTRACTOR/CONSULTANT for completion of the Work in accordance with the Contract Documents a fee not to exceed Six Hundred Fifty-One Thousand Eight Hundred Dollars ($651,800.00) determined and payable as set forth in Ongoing Contract No. A-9503 at the following Fee Schedule:
1-3Concord - Document ID: generated after first signature

Exhibit "D" Fee Schedule attached hereto and made part herein by reference.

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

ARTICLE 4. CONTRACT TIME

CONTRACTOR/CONSULTANT agrees to complete all work within One Thousand Ninety-Five (1095) Calendar days of the date this Agreement is executed by CITY and in accordance with the following Project Schedule:

The term of this Contract is Three (3) years, commencing on October 13, 2025 to October 12, 2028, with CITY reserving the option to extend the agreement for Two (2) additional terms of one (1) year each.

This Agreement is the Notice to Proceed directing CONTRACTOR/CONSULTANT to commence work on October 13, 2025.

2-3Concord - Document ID: generated after first signature ARTICLE 5. GENERAL

This Authorization Agreement is entered into pursuant to Ongoing Contract No. A-9503 and the terms and conditions contained therein are incorporated herein by reference as if set forth in full.

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

CITY OF PALMDALE DXP ENTERPRISES, INC.

Salvador Mendez
Interim City Manager

Marc Sanchez
Vice President
ADDRESS FOR NOTICE:

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

ADDRESS FOR NOTICE:

DXP ENTERPRISES, INC.
1340 N. Jefferson St.

Anaheim, CA 92807
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 agreement and previous amendment(s) (if any) are attached ■Attached Agreement Checklist and met all requirements
3-3Concord - Document ID: generated after first signature AGREEMENT NO. A-9503-B

AUTHORIZATION AGREEMENT
WITH DXP ENTERPRISES, INC.

PURSUANT TO ONGOING CONTRACT NO. A-9503

This AGREEMENT is made and entered into by and between the City of Palmdale, a municipal corporation (hereinafter referred to as “CITY”) and DXP ENTERPRISES, INC. (hereinafter referred to as “CONTRACTOR/CONSULTANT”) and is an Authorization Agreement entered into pursuant to Ongoing Contract No. A-9503This Contract shall become effective on the date of the last signatory.

WHEREAS, the term of Ongoing Contract No. A-9503 between the CITY and CONTRACTOR/CONSULTANT is from 10/13/2025 to 10/12/2028.

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

ARTICLE 1. DESCRIPTION OF WORK

The scope of work for this project consists of the following work:

The CONTRACTOR shall provide pump maintenance and repair services (as needed) for the CITY's Parks and Recreation Department, including aquatic/swimming pool pumps at pool facilities and DryTown Water Park as more specifically set forth in Exhibit "C" Scope of Work attached hereto and made part herein by reference.

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

ARTICLE 2. PROJECT STAFF

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

Service Manager, Mark Fox ([email protected])
Shop Manager, Shane Quinn ([email protected])
Sales Engineer, Tony Nunez ([email protected])
Individual Project Coordinators
Field Service Technicians
Mechanics

ARTICLE 3. CONTRACT PRICE

CITY shall pay CONTRACTOR/CONSULTANT for completion of the Work in accordance with the Contract Documents a fee not to exceed Six Hundred Thousand Dollars ($600,000.00) determined and payable as set forth in Ongoing Contract No.

A-9503 at the following Fee Schedule:

1-3Concord - Document ID: generated after first signature Exhibit "D" Fee Schedule attached hereto and made part herein by reference.

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

ARTICLE 4. CONTRACT TIME

CONTRACTOR/CONSULTANT agrees to complete all work within One Thousand Ninety-Five (1095) Calendar days of the date this Agreement is executed by CITY and in accordance with the following Project Schedule:

The term of this Contract is Three (3) years, commencing on October 13, 2025 to October 12, 2028, with CITY reserving the option to extend the agreement for Two (2) additional terms of one (1) year each.

This Agreement is the Notice to Proceed directing CONTRACTOR/CONSULTANT to commence work on October 13, 2025.

2-3Concord - Document ID: generated after first signature ARTICLE 5. GENERAL

This Authorization Agreement is entered into pursuant to Ongoing Contract No. A-9503 and the terms and conditions contained therein are incorporated herein by reference as if set forth in full.

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

CITY OF PALMDALE DXP ENTERPRISES, INC.

Salvador Mendez
Interim City Manager

Marc Sanchez
Vice President
ADDRESS FOR NOTICE:

CITY OF PALMDALE
827 E. Avenue Q-9
Palmdale, CA 93550

ADDRESS FOR NOTICE:

DXP ENTERPRISES, INC.
1340 N. Jefferson St.

Anaheim, CA 92807
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 agreement and previous amendment(s) (if any) are attached ■Attached Agreement Checklist and met all requirements
3-3Concord - Document ID: generated after first signature

City Council Staff Report

DATE: OCTOBER 7, 2025

TO: HONORABLE MAYOR PRO TEM AND CITY COUNCIL

FROM: PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

DISTRICT: 2

SUBJECT: ADOPT RESOLUTION NO. CC 202 5-071, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALMDALE AUTHORIZING THE

EXECUTION OF A GRANT DEED FOR CITY-OWNED LAND TO THE
LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40 FOR
PARCEL ‘A’ OF RECORDED LOT LINE ADJUSTMENT NO. 703

RECOMMENDATION

Staff recommend that the City Council:

1. Adopt Resolution No. CC 2025-071, a Resolution of the City Council of the City of Palmdale authorizing the execution of a grand deed for City-owned land to the Los Angeles County Waterworks District No. 40 for Parcel ‘A’ of recorded Lot Line Adjustment No. 703;

2. Authorize the Mayor Pro Tem to execute Resolution No. CC 202 5-071, a Resolution of the City Council of the City of Palmdale authorizing the execution of a grant deed for City-owned land to Los Angeles County Waterworks District No. 40 for Parcel ‘A’ of recorded Lot Line Adjustment No. 703; and,

3. Authorize the Mayor Pro Tem to execute a grant deed for City-owned land to the Los Angeles County Waterworks District No. 40 for Parcel ‘A’ of recorded Lot Line Adjustment No. 703.

BACKGROUND

On September 12, 2024, the Planning Commission approved Condition Use Permit (CUP) 03-05 Major Modification (MOD) No. 1, for the expansion of Marie Kerr Park to construct a new park -and-ride facility located at the northwes t corner of Rancho Vista Boulevard and 25th Street West. Under this entitlement, the site plan reserved a portion of the park -and-ride area, adjacent to 25 th Street West, to construct a future pump station. Los Angeles County Waterworks has identified the critical infrastructure Report to Mayor Pro Tem and City Council
Re: Reso. No. CC 2025-071
October 7, 2025

component as essential to address ing future water supply issues to support future growth and development within the area.

DISCUSSION

On August 8, 2025, the City recorded Lot Line Adjustment number 703 to establish a

0.76-acre parcel of real property, owned by the City of Palmdale, designated for the future site of the pump station. This property is referenced as Parcel ‘A’ of said lot l ine adjustment. This future facility is in conformance with the City’s General Plan Land and complies with CUP 03-05.

FISCAL IMPACT

$0; The transfer of property is consistent with the Ritter Ranch purchase and sale agreement.

STRATEGIC PLAN

Goal III: Invest in infrastructure to improve community livability.

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, Interim City Manager
Approved as to form: Alexandra Severino, City Attorney

ATTACHMENTS

Reso. No. CC 2025-071
Recorded Lot Line Adjustment No. 703
Grant Deed
Exh A Legal Description

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2025-071

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE

AUTHORIZING THE EXECUTION OF A GRANT DEED FOR CITY -

OWNED LAND TO THE LOS ANGELES COUNTY WATERWORKS
DISTRICT NO. 40 FOR PARCEL ‘A’ OF RECORDED LOT LINE
ADJUSTMENT NO. 703

WHEREAS, the City owns the real property, in fee title, identified as Parcel ‘A’ of the recorded lot line adjustment number 703 on August 8, 2025, per instrument number 20250587075; and,

WHEREAS, the City-owned parcel has been identified by Los Angeles County Waterworks District No. 40 , consisting of 0.76 acres located approximately 293’ north of the intersection of Rancho Vista Blvd. and 25th Street West; and,

WHEREAS, Los Angeles County Waterworks District No. 40 has requested that Parcel ‘A’ of lot line adjustment number 703 be conveyed by the City for construction of the future pump station; and,

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

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

SECTION 1. The City Council hereby finds and determines that Parcel ‘A’ of lot line adjustment number 703 shall be granted to Los Angeles County Waterworks District No. 40 and authorizes the Mayor Pro Tem to execute the grant deed to Los Angeles County Waterworks District No. 40 for processing and recordation in substantially the form presented.

Resolution No. CC 2025-071

SECTION 2. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED and ADOPTED this ______ day of ____________, ________.

_________________________________
Laura Bettencourt, Mayor Pro Tem

APPROVED AS TO FORM: ATTEST:

___________________________ _________________________________ Alexandra Severino Rochelle Scott, City Clerk
City Attorney

I, Rochelle Scott, City Clerk of the City of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the ______ day of _____________, 20___ by the following roll call vote:

AYES:

NOES:___________________________________________________________

ABSTAIN:______________________ABSENT:___________________________

Date:

Rochelle Scott, City Clerk

NOTE: All signatures must be notarized. Attach acknowledgement form(s).

MAIL TAX STATEMENTS AS DIRECTED ABOVE
RECORDING REQUESTED BY:

LOS ANGELES COUNTY WATERWORKS
DISTRICT NO. 40, ANTELOPE VALLEY

MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:

Los Angeles County Public Works,
Waterworks Division
P.O. Box 1460
Alhambra, CA 91802-1460

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.

THIS UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX IS $ZERO
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

GRANT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $__________________________ _____ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale. _____ Unincorporated area _____ City of Palmdale

For valuable consideration, receipt of which is hereby acknowledged,

THE CITY OF PALMDALE, a Charter City

hereby GRANT(S) to Los Angeles County Waterworks District No. 40

the real property situated in the City of Palmdale, County of Los Angeles, State of California, more particularly described as follows:

See Exhibit “A” attached hereto for complete legal description.

It is understood that each undersigned grantor grants only that portion of the above-described land in which said grantor has interest.

CITY OF PALMDALE, a Charter City

__________________________________________________
Laura Bettencourt, Mayor Pro Tem Date

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

COUNTY OF ___________________________ )

On _______________________ before me, ______________________________________, Notary Public, personally appeared _____________________________________________________________________________________, who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature____________________________________
WATERWORKS DISTRICT NO. 40
SPECIFICATION NO. 34-348.1
DISTRIBUTION MAP NO. 0-19W, 0-23W
APN 3001-026-922

EXHIBIT A

LEGAL DESCRIPTION

PARCEL A, AS SHOWN ON LOT LINE ADJUSTMENT NUMBER 703 FILED FOR RECORD ON AUGUST _____, 2025 AS INSTRUMENT NUMBER ______-______________, IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER, STATE OF CALIFORNIA, ALSO DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 21 OF SAID RECORD OF SURVEY,

FROM WHICH SAID POINT THE CENTERLINE INTERSECTION OF RANCHO VISTA BOULEVARD AND 25th STREET WEST (PRIVATE AND FUTURE STREET AND PUBLIC STREET SECTION OF RANCHO VISTA BOULEVARD) BEARS SOUTH 00°53'37" EAST, 50.01 FEET; THENCE ALONG SAID CENTERLINE NORTH 00°53'37" WEST, 595.02 FEET; THENCE LEAVING SAID CENTERLINE, SOUTH 89°06'23" WEST, 82.00 FEET TO THE WEST LINE OF 25th STREET WEST (PRIVATE & FUTURE STREET) TO THE POINT OF BEGINNING FOR PARCEL A;
THENCE SOUTHERLY ALONG SAID LINE, SOUTH 00°53'37" EAST, 250.71 FEET; THENCE NORTH 89°47'40" WEST, 135.05 FEET, SAID LINE BEING PARALLEL AND 292.67 FEET NORTH OF THE SOUTH LINE OF SAID PARCEL 21;
THENCE NORTH 00°12'20" EAST 250.67 FEET;
THENCE SOUTH 89°47'40" EAST, 130.24 FEET, SAID LINE BEING PARALLEL AND 543.34 FEET NORTH OF SAID SOUTH LINE, BACK TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM FORTY PERCENT (40%) OF ALL OIL, GAS, AND MINERALS, AND ALL OIL, GAS, AND MINERAL RIGHTS THEREUNDER BELOW 500 FEET, BUT WITHOUT ANY SURFACE RIGHTS OF RIGHTS OF ENTRY, AS RESERVED IN DEED FROM H.C. LAND CORPORATION, A CORPORATION, RECORDED AUGUST 23, 1956 IN BOOK 52101 PAGE(S) 112, OF OFFICIAL RECORDS, AS INSTRUMENT NO. 265, OF OFFICIAL RECORDS.

CONTAINING 0.76 ACRES, MORE OR LESS.

AS SHOWN ON EXHIBIT B ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION.

END DESCRIPTION

PREPARED BY:

BURL V. STEUDE, LS 9103
August 28, 2025

RANCHO VISTA BLVD
PARCEL 18R.S.B. 78/17-19PARCEL 23R.S.B. 78/17-19PARCEL 19R.S.B. 78/17-19PARCEL 20R.S.B. 78/16-18PARCEL BLLA 703PARCEL ALLA 703PARCEL 21R.S.B. 78/16-18 PARCEL 22R.S.B. 78/16-1825th STREET WESTJOB # 201211.16PREPARED BY:• • LICENSED LAND SURVEYORSTATE OF CALIFORNIABURL V.STEUDENo. 9103

EXHIBIT B

City Council Staff Report

DATE: OCTOBER 7, 2025

TO: HONORABLE MAYOR PRO TEM AND CITY COUNCIL

FROM: PUBLIC WORKS DEPARTMENT

CAPITAL IMPROVEMENT PROGRAM DIVISION

DISTRICT: 5

SUBJECT: APPROVE CONSTRUCTION AGREEMENT WITH ALL AMERICAN BUILDING SERVICES FOR PN 8 39, M CADAM PARK PAVILION

REHABILITATION PROJECT FOR A TOTAL NOT TO EXCEED
AMOUNT OF $234,564 FOR A TERM OF 30 WORKING DAYS FROM

THE DATE OF THE NOTICE TO PROCEED

RECOMMENDATION

Staff recommend that the City Council:

1. Approve Construction Agreement No. A-9446 with All American Building Services for PN 839, McAdam Park Pavilion Rehabilitation Project (Project), for a total not to exceed amount of $234,564, which includes a contract amount of $213,240, plus a 10% contingency amount of $21,324 for a term of 30 working days from the date of the Notice to Proceed;

2. Authorize the Interim City Manager or his designee to execute Agreement No. A- 9446 with All America n Building Services , including minimal and/or non - substantial changes; and,

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

BACKGROUND

The McAdam Park Pavilion Rehabilitation Project proposes repairing four pavilions and the Old Palmdale Schoolhouse (Schoolhouse). The Project will include replacing damaged wood, installing a new roof, and repaint ing all structures. These repairs are necessary due to the buildings’ age; the pavilions are over 30 years old , and the Schoolhouse, originally built in 1888 and located at Avenue R -8 and 27th Street East , Report to Mayor Pro Tem and City Council
Re: Approve PN 839, Agrmt No. A-9446 with All American Building Services October 7, 2025

one mile south of McAdam Park , was dedicated to the citizens of Palmdale in 1980. It was later moved to McAdam Park in July 1987.

DISCUSSION

The Project was publicly advertised for construction bids via the PlanetBids electronic platform on July 15, 2025, with fourteen (14) vendors registered as prime contractors. On August 5, 2025, three (3) bids for this project were received and are listed below:

Bidder Location Amount

1. All American Building Services Santa Clarita, CA $213,240.00

2. Final Touch Construction Fontana, CA $232,431.00

3. Aza Construction Lawndale, CA $239,462.70

References have been checked, and s taff recommend that the City Council approve Project No. 839 to the apparent low bidder, All American Building Services , in the amount of $234,564 with an allowed 10% contingency. All American Building Services is currently working on the Marie Kerr Park Pool Deck Expansion Project.

FISCAL IMPACT

$234,564; The Project is funded using Measure AV funds.

STRATEGIC PLAN

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

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

ATTACHMENTS

Agrmt No. A-9446 with All American Building Services
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, Interim City Manager
Approved as to form: Alexandra Severino, City Attorney
AGREEMENT NO. A- 9446

CONSTRUCTION CONTRACT

BETWEEN THE CITY OF PALMDALE AND ALL AMERICAN BUILDING

SERVICES

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

This project is refurbishing McAdam Park pavilions and old schoolhouse. The scope of work for the four structure pavilions will be to furnish, add straps to the roof beam, replace roofing beams, replace roofing materials, replace sheathing, replace fascia boards. Remove, repair or replace any damage or dry rotted wood around the exterior and interior of the pavilions. Prep for painting. Painting all four structure pavilions. The scope of work for the old schoolhouse will be removing and replacing the cedar roof shingles, remove, furnish, repair or replace any damage or dry rotted wood around the exterior, this includes patio wood, wood around the windows, doors and wood paneling. Repairing the damage security door. Repair any holes or damaged holes. Add crawl space screens or covers. Prep for painting. Painting the exterior of the schoolhouse. Adding the signs around the schoolhouse. The duration of the project to complete all site improvements and installation shall 30 working days.
2 Standard Specifications
Standard Specifications for City projects are those contained in the 2024 Greenbook edition of the "Standard Specifications for Public Works Construction" (the "Greenbook"). Except as otherwise expressly provided herein, the Standard Specifications shall control the general provisions, construction materials, and construction methods for this Contract (except as amended by the Plans for the Project), the General Specifications for the Project, the Special Provisions for the Project, any technical specifications for the Project, and any other contract documents.
3 Compensation
City shall pay Contractor the total, all-inclusive, NOT-TO-EXCEED amount of Two Hundred and Thirteen Thousand Two Hundred Forty Dollars ($213240) for the construction of the Project. This amount shall cover all expenses for labor, materials, 1-14Concord - Document ID: generated after first signature and any and all other costs incurred by Contractor to satisfactorily construct the Project. Unless otherwise provided in the bid documents or agreed upon by the parties, Contractor shall submit detailed, monthly invoices for work actually performed.

4 Completion Date

The construction of the Project shall commence upon Contractor being given a written notice to proceed, and shall be completed within 30 working days of said notice.

5 Payment and Performance Bonds; Guaranty

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

6 Licenses

At all times during the term of this Contract, Contractor shall possess a valid and current Class A Contractor's License or Specialty Contractor License consisting of Class A licensee to perform the required work (“Work”). Contractor’s DIR registration number is 100079048. Contractor hereby certifies that it holds the required license(s).

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

CONTRACTOR 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 Subcontracting

Subject to any self-performance requirements herein, Contractor may subcontract any portion of the work required by this Contract to other persons or firms, and Contractor submitted with its bid a list of those subcontractors who will perform work in an amount in excess of one-half of one percent (1%) of the Contractor’s total 2-14Concord - Document ID: generated after first signature bid, in compliance with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code § 4100, et seq. Only such listed subcontractors may perform on this Project.

8 Non-Assignability

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

9 Administration

This Contract will be administered by the Public Works Department of the City. The Director of Public Works or his or her designee shall be considered the Project Administrator and shall have the authority to act for the City under this Contract.

10 Indemnification

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

11 Insurance

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

11.1.1 Commercial General Liability
 $2,000,000.00 limit on a per occurrence basis
 $4,000,000.00 general aggregate limit

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

11.1.3 Workers’ Compensation and Employer’s Liability
 Workers’ Compensation -- coverage as required by the State of California  Employer’s Liability --
3-14Concord - Document ID: generated after first signature $1,000,000.00 each accident
$1,000,000.00 policy limit bodily injury
$1,000,000.00 each employee bodily injury by disease

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

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

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

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.

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

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

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

11.6 Acceptable Proof of Insurance:

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

B. Binders of insurance for all coverage. Agents must confirm that policy endorsements have been ordered from the respective insurance companies. 4-14Concord - Document ID: generated after first signature Upon issuance, policy endorsements and a corresponding Certificate of Insurance listing all insurers and coverage must be submitted to the City Attorney.

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

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

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

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

11.10 CONTRACTOR shall require any and all subcontractors working on its behalf to provide insurance coverages and limits that are based on the scope of work and nature of risk being performed by the subcontractor. Any and all subcontractors working on behalf of CONTRACTOR shall be subject to all other insurance requirements that are stated herein.

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

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

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

12.2 This is a public work and requires the payment of prevailing wages for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor pursuant to Section 1771 of the Labor 5-14Concord - Document ID: generated after first signature Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this contract from the Director of the Department of Industrial Relations. These rates are on file with the City or may be obtained at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

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

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

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

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

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

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

6-14Concord - Document ID: generated after first signature

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

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

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

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

7-14Concord - Document ID: generated after first signature

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

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

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

Alternatively, Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may direct the investment of the payments into securities, and Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by Contractor. Upon satisfactory completion of the Contract, Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this section.
9-14Concord - Document ID: generated after first signature Securities eligible for investment shall include those listed in California Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security to which Contractor and the City agree in writing. Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon.

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

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

All claims arising out of or related to the Contract documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and 10-14Concord - Document ID: generated after first signature Article 1.5 (if applicable), and must then adhere to Section 9204 and Article 1.5 (as applicable), pursuant to the definition of “claim” as individually defined therein. 22 Non-discrimination and Equal Employment Opportunity

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

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

22.2 The provisions of subsection 16.1 above shall be included in all solicitations or advertisements placed by or on behalf of CONTRACTOR for personnel to perform any services under this Contract. CITY shall have access to all documents, data and records of CONTRACTOR and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 which is incorporated herein by this reference. A copy of Executive Order No. 11246 is available for inspection at, and on file with, the Palmdale City Clerk’s Office. 23 Integration
This Contract supersedes any and all agreements, either oral or written, between the parties hereto with respect to the construction of the Project by Contractor for City and contains all of the covenants and agreements between the parties with respect to the construction of the Project. Each party to this Contract acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to the construction of the Project by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding work not contained in this Contract shall be valid or binding. Any modification or amendment of this Contract will be effective only if it is in writing and signed by the parties to this Contract. Any changes to the work required by this Contract will be by change order signed by the parties. 24 Debarment and Suspension Certification
11-14Concord - Document ID: generated after first signature Title 2, Code of Federal Regulations, Part §180.300
The bidder, under penalty of perjury, certifies that, except as noted in a separate document, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, or manager:
•is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
•has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; •does not have a proposed debarment pending; and
•has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
25 Governing Law
This Contract will be governed by and construed in accordance with the laws of the State of California without reference to change of venue laws. Any legal action in which enforcement of the terms and conditions of this Contract is requested, or in which it is alleged that a breach of this Contract has taken place, shall be filed and prosecuted in the County of Los Angeles, California.
26 Successors and Assigns
The terms and conditions of this Contract shall be binding on the successors and assigns of the parties to this Contract.
27 Exhibits
The exhibits and attachments referenced in this Contract are attached hereto and incorporated herein by this reference as though set forth in full in the Contract. 28 Authority to Sign
The person or persons executing this Contract on behalf of the Contractor warrant and represent that they have the authority to execute this Contract on behalf of the Contractor and have the authority to bind Contractor to the construction of the Project.
12-14Concord - Document ID: generated after first signature 29 Time is of the Essence
Time is of the essence in every provision of this Agreement in which time to perform is a factor.

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

CITY OF PALMDALE ALL AMERICAN BUILDING SERVICES

Salvador Mendez Date
Interim City Manager

Anthony Innabi Date
President

ADDRESS FOR NOTICE:

CITY OF PALMDALE
38250 Sierra Highway
Palmdale, CA 93550

ADDRESS FOR NOTICE:

ALL AMERICAN BUILDING SERVICES
Santa Clarita, CA 91380
APPROVE AS TO FORM:

Alexandra Halfman
City Attorney

ATTEST:

Roxanne Faber
City Clerk
ATTEST: If Corporation

Secretary

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

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

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

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

City Council Staff Report

DATE: OCTOBER 7, 2025

TO: HONORABLE MAYOR PRO TEM AND CITY COUNCIL

FROM: PUBLIC WORKS DEPARTMENT

CAPITAL IMPROVEMENT PROGRAM DIVISION

DISTRICT: 2

SUBJECT: APPROVE FIRST AMENDMENT TO AGREEMENT WITH ALL
AMERICAN BUILDING SERVICES FOR PN 862, MARIE KERR PARK

SWIM DECK EXPANSION PROJECT , INCREASING THE
AGREEMENT BY $5,000 FOR A TOTAL NOT TO EXCEED AMOUNT
OF $436,695 WITH AN EXTENSION OF 15 WORKING DAYS FOR A
TOTAL OF 65 WORKING DAYS

RECOMMENDATION

Staff recommend that the City Council:

1. Approve First Amendment to Agreement No. A-8679 with All American Building Services for PN 862, Marie Kerr Park Swim Deck Expansion Project (Project), increasing the Agreement by $5,000 for a total not to exceed amount of $436,695 with an extension of 15 working days for a total of 65 working days; and,

2. Authorize the Interim City Manager or his designee to execute First Amendment to Agreement No. A-8679 with All American Building Services, including minimal and/or non-substantial changes.

BACKGROUND

On May 6, 2025, the City Council approved Construction Agreement No. A-8679 with All American Building Services for $392,450, plus a contingency amount of $39,250, for a total of 50 working days. The scope of work included expanding the existing pool deck to increase capacity and expand operations. The Project moved existing fencing and installed new fencing, including a new extended patio deck to improve ingress/egress routes. The add ed deck space allows for expanded swim team operations, additional space for family members to watch, a handicapped -accessible walk path, and an entry connecting to the adjacent recreation center. The Project also included modification of the drainage infrastructure, new landscaping, and irrigation.

Report to Mayor Pro Tem and City Council
Re: Approve First Amendment to Agrmt No. A-8679
October 7, 2025

DISCUSSION

The project is 65 % complete, with demolition, grading, and underground protection finished. During the demolition phase, several underground conduits were exposed that were not previously known. Per City standards, the conduits require exterior sleeve protection when under a concrete slab. The underground conduit protection resulted in Change Order One for $29,623, which was within the approved 10% contingency amount and executed administratively.

Additionally, it was found that a small section of grass adjacent to the pool deck would no longer receive irrigation due to the project scope. Staff requested that the grass be removed, and the area filled in with concrete to avoid unsightly turf conditions. The total additional cost for this scope is $11,348, which will exceed the contingency amount, requiring an additional $5,000 in funding to complete.

FISCAL IMPACT

$5,000; This project is funded using Los Angeles County Regional Park and Open Space District (RPOSD) Measure A grant funds. Funds are budgeted and available in FY 2025-

26. STRATEGIC PLAN

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

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

Prepared by: Leonardo Torres, P.E.

Director of Public Works
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Salvador Mendez, Interim City Manager
Approved as to form: Alexandra Severino, City Attorney

ATTACHMENTS

Agrmt No. A-8679 First Amendment with All American Building Services Agrmt No. A-8679 Change Order One with All American Building Services Agrmt No. A-8679 with All American Building Services

DETAILED EXPLANATION OF WORK REQUESTED (INCLUDE JUSTIFICATION FOR GRANTING ADDITIONAL WORKING DAYS)

CITY OF PALMDALE

PUBLIC WORKS - CIP DIVISION

CHANGE IN WORK REQUEST
CIP-201 (01/2025)
SHEET 1 OF 1
PROJECT ID NO. AGREEMENT NO. REQUEST NO.

PROJECT NAME

PROJECT DESCRIPTION

CONTRACTOR

FUNDING SOURCE DELEGATED LIMIT

COST TIME

ESTIMATED CHANGE ORDER AMOUNT ORIGINAL CONTRACT DURATION (A)

AMOUNT PREVIOUSLY REQUESTED WORKING DAYS PREVIOSULY GRANTED (B)

ORIGINAL CONTRACT AMOUNT WORKING DAYS USED TO DATE (C)
REVISED CONTRACT TOTAL AMOUNT TOTAL WORKING DAYS REMAINING (A+B) -C

PERCENT TOTAL CHANGE TO

ORIGINAL CONTRACT AMOUNT
SD1 /
CITY
ITEM
NO. ITEM DESCRIPTION BASIS
OF PAY2

QUANTITIES
[NEGATIVE QUANTITIES
IN PARENTHESIS]
UNIT
PRICE
TOTAL
[NEGATIVE AMOUNTS
IN PARENTHESIS]

ADDITIONAL

WORKING
DAYS

1. Specify the Supervisorial District and any Cities for S-Items

2. CONtract, NEGotiated, Time & Material, OR STIPulated TOTAL

CHANGE IN WORK CODE

AC EOE EOP ARC UFC

SIGNATURE PRINT NAME & TITLE DATE

SUBMITTED BY

APPROVAL

RECOMMENDED BY

FUNDING MANAGER/

SPONSOR
(

AGENCY AUTHORIZED

REPRESENTATIVE

PREVIOUSLY
PROJECT ID NO.

PROJECT NAME

PROJECT DESCRIPTION

CONTRACTOR

ITEM BASIS
NO. ITEM DESCRIPTION OF
PAY'
-
-
--
•coNtract, NEGotiated. Time & Material, OR STIPulated

CITY OF PALMDALE

PUBLIC WORKS - CIP DIVISION

CHANGE ORDER
CIF-204 (01/2025)
I PROJECT NO. I

DESCRIPTION OF CHANGE

QUANTITIES
[NEGATIVE QUANTITIES

IN PARENTHESIS)
-
-

UNIT PRICE
TOTAL

SHEET I I OF
CHANGE ORDER NO.

TOTAL ADDITIONAL
[NEGATIVE AMOUNTS WORKING IN PARENTHESIS) DAYS
THE AFOREMENTIONED CHANGE AND WORK AF FECTED THEREBY ARE SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. THE RIGHTS OF THE OWNER ARE NOT PREJUDICED. THIS CHANGE ORDER REFLECTS AN ACCORD AND SATISFACTION WITH RESPECT TO ALL OF

CONTRACTOR'S CLAIMS AGAINST THE OWNER WHICH ARISE OUT OF, OR ARE RELATED TO, THE AFOREMENTIONED CHANGES INCLUDING,

WITHOUT LIMITATION, ANY CLAIM FOR EXTRA WORK, TIME, DELAY, IMPACT AND EXTENDED HOME AND FIELD OFFICE OVERHEAD, AND ANY

CLAIM FOR DEDUCTION OF WORK, INCLUDING LOST PROFITS, ANO ALL OTHER CLAIMS OF CONTRACTOR ARE HEREBY SATISFIED AND ARE WAIVED AND RELEASED BY THE CONTRACTOR ALL OTHER TERMS AND CONDITIONS SHALL REMAIN IN FULL FORCE AND EFFECT.

AGENCY AUTHORIZED

REPRESENTATIVE

CONTRACTOR AUTHORIZED

REPRESENTATIVE

AGENCY AUTHORIZED

REPRESENTATIVE
- -

SIGNATURE PRINT NAME & TITLE DATE
I

SIGNATURE PRINT NAME & TITLE DATE

SUBMITTED BY

APPROVAL

RECOMMENDED BY

FUNDING MANAGER/SPONSOR
(FOR OUT OF SCOPE CHANGES ONLY)

AGENCY AUTHORIZED

REPRESENTATIVE

AGENCY AUTHORIZED

REPRESENTATIVE

AGREEMENT NO. A- 8679

CONSTRUCTION CONTRACT

BETWEEN THE CITY OF PALMDALE AND ALL AMERICAN BUILDING

SERVICES

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

Expansion of the concrete pool deck, including modification to the drainage infrastructure, the addition of landscaping features, pool deck resurfacing, a new ADA path of travel for access, and the modification and expansion of the permitter fencing and entry gates.
2 Standard Specifications
Standard Specifications for City projects are those contained in the 2021 Greenbook edition of the "Standard Specifications for Public Works Construction" (the "Greenbook"). Except as otherwise expressly provided herein, the Standard Specifications shall control the general provisions, construction materials, and construction methods for this Contract (except as amended by the Plans for the Project), the General Specifications for the Project, the Special Provisions for the Project, any technical specifications for the Project, and any other contract documents.
3 Compensation
City shall pay Contractor the total, all-inclusive, NOT-TO-EXCEED amount of three hundred ninety two thousand four hundred fifty Dollars ($392450) for the construction of the Project. This amount shall cover all expenses for labor, materials, and any and all other costs incurred by Contractor to satisfactorily construct the Project. Unless otherwise provided in the bid documents or agreed upon by the parties, Contractor shall submit detailed, monthly invoices for work actually performed.

4 Completion Date

The construction of the Project shall commence upon Contractor being given a written notice to proceed, and shall be completed within 50 working days of said 1-13Concord - Document ID: 0309VCDLl4krCKMSpliDY8
notice.

5 Payment and Performance Bonds; Guaranty

Unless otherwise expressly provided in the bid documents, prior to commencing work, Contractor shall provide a payment bond and performance bond, each in an amount equal to 100% of the Contract price. The bond forms required to be executed are attached hereto and incorporated by reference herein. Pursuant to the bid documents for this Project, the Contractor is required to provide a written guaranty of Contractor’s work. In furtherance thereof, Contractor shall execute the written form of Guaranty attached hereto and incorporated by reference herein.

6 Licenses

At all times during the term of this Contract, Contractor shall possess a valid and current Class C53 Contractor's License to perform the required work (“Work”). Contractor’s DIR registration number is 1000790148. Contractor hereby certifies that it holds the required license(s).

7 Subcontracting

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

8 Non-Assignability

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

9 Administration

This Contract will be administered by the Public Works Department of the City. The Director of Public Works or his or her designee shall be considered the Project Administrator and shall have the authority to act for the City under this Contract.

10 Indemnification

2-13Concord - Document ID: 0309VCDLl4krCKMSpliDY8
To the maximum extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless the City, its Board of Director, the City's officers, employees, agents, volunteers, and representatives (“Indemnitees”) with respect to any and all claims, suits, actions, stop notices, liabilities and/or damages, including related expenses, attorney's fees and costs, based on, arising out of, or in any way related to the work undertaken by Contractor pursuant to this Contract, and in connection with the Project.

11 Liability Insurance

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

11.1.1 Commercial General Liability
 $2,000,000.00 limit on a per occurrence basis
 $4,000,000.00 general aggregate limit

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

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

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

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

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

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, 3-13Concord - Document ID: 0309VCDLl4krCKMSpliDY8
their officers, agents, employees and volunteers are named as additional insured”.

B. “Severability of Interest” Clause.

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

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

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

11.6 Acceptable Proof of Insurance:

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

B. Binders of insurance for all coverage. Agents must confirm that policy endorsements have been ordered from the respective insurance companies.

Upon issuance, policy endorsements and a corresponding Certificate of Insurance listing all insurers and coverage must be submitted to the City Attorney.

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

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

11.8 Any policy or policies of insurance that CONTRACTOR elects to carry as insurance against loss or damage to its equipment and tools or other personal 4-13Concord - Document ID: 0309VCDLl4krCKMSpliDY8
property used in the performance of this Contract shall include a provision waiving the insurer’s right of subrogation against CITY.

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

11.10 CONTRACTOR shall require any and all subcontractors working on its behalf to provide insurance coverages and limits that are based on the scope of work and nature of risk being performed by the subcontractor. Any and all subcontractors working on behalf of CONTRACTOR shall be subject to all other insurance requirements that are stated herein.

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

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

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

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

Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, not more than $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of this Agreement. 5-13Concord - Document ID: 0309VCDLl4krCKMSpliDY8

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

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

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

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

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

12.8 Section 1777.5 of the Labor Code requires Contractor or subcontractor employing workers in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Contract. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Section 1777.6 of the Labor Code provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age.
6-13Concord - Document ID: 0309VCDLl4krCKMSpliDY8

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

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

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

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

14.4 As required by Labor Code Section 6705 and in addition thereto, whenever work under the Contract that involves an estimated expenditure in excess of twenty- five thousand dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by City in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by Contractor, and all costs therefor shall be included in the price of the Contract. Nothing in this provision shall be deemed to allow the use of a shoring, 7-13Concord - Document ID: 0309VCDLl4krCKMSpliDY8
sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this provision shall be construed to impose tort liability on the City or on any City officer, agent, consultant, representative, or employee. All plans, processing and shoring costs are Contractor’s responsibility and must be included in Contractor’s bid.

15 Location of Existing Elements
Pursuant to Government Code Sections 4216 to 4216.9, the methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed. Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. alert and other private underground locating firm(s), and/or utilizing potholes, specialized locating equipment and/or hand trenching.
16 Third Party Claims
Pursuant to Public Contract Code Section 9201, the City has full authority to compromise or otherwise settle any claim relating to this Contract at any time. The City shall timely notify Contractor of the receipt of any third-party claim relating to the Contract. The City shall be entitled to recover its reasonable costs incurred in providing the notification required by Public Contract Code Section 9201(b). 17 Non-Collusion
Contractor hereby certifies that this bid is genuine and not a sham or collusive, or made in the interest or on behalf of any person or business not herein named. Contractor further certifies that Contractor has not directly or indirectly induced or solicited any other bidder to furnish a sham bid, or any other person or business to refrain from bidding, and Contractor has not in any manner sought by collusion to secure itself an advantage over any other bidder. Contractor also affirms that it has signed and submitted with its bid to the City a Non-collusion Declaration as required by Public Contract Code Section 7106.
18 Conflicts of Interest
Contractor agrees not to accept any employment or representation during the term of this Contract or within twelve (12) months after completion of the work under this Contract which is or may likely make Contractor “financially interested,” as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Contract.
19 Audit
8-13Concord - Document ID: 0309VCDLl4krCKMSpliDY8
The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by the City. Additionally, pursuant to Government Code Section 8546.7, if this Contract involves the expenditure of public funds in excess of ten thousand dollars ($10,000), Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under this Contract. 20 Substitute Security
Pursuant to Public Contract Code Section 22300, the substitution of securities for any moneys withheld by the City to ensure performance under a contract is permitted, except where financing will be provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seq.) or where federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in the State of California as the escrow agent, that shall then pay those moneys to Contractor. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor.

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

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

If Contractor elects to receive interest on moneys withheld in retention by the City, it shall, at the request of any subcontractor performing more than five percent (5%) of Contractor’s total bid, make that option available to the subcontractor regarding any moneys withheld in retention by Contractor from the subcontractor. If Contractor elects to receive interest on any moneys withheld in retention by the City, then the subcontractor shall receive the identical rate of interest received by Contractor on any retention moneys withheld from the subcontractor by Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that 9-13Concord - Document ID: 0309VCDLl4krCKMSpliDY8
the interest rate is a fluctuating rate, the rate for the subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the subcontractor. If Contractor elects to substitute securities in lieu of retention, then, by mutual consent of Contractor and its subcontractor, the subcontractor may substitute securities in exchange for the release of moneys held in retention by Contractor. No Contractor shall require any subcontractor to waive any provision of this paragraph.

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

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

22.1 In performance of this Contract, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of sex, color, race, religion, ancestry, national origin, disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sexual orientation, age, gender, gender identity, 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 10-13Concord - Document ID: 0309VCDLl4krCKMSpliDY8
related thereto, marital status, sexual orientation, age, gender, gender identity, gender expression, genetic information, or military and veteran status . Affirmative action relating to employment shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

22.2 The provisions of subsection 16.1 above shall be included in all solicitations or advertisements placed by or on behalf of CONTRACTOR for personnel to perform any services under this Contract. CITY shall have access to all documents, data and records of CONTRACTOR and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 which is incorporated herein by this reference. A copy of Executive Order No. 11246 is available for inspection at, and on file with, the Palmdale City Clerk’s Office. 23 Integration
This Contract supersedes any and all agreements, either oral or written, between the parties hereto with respect to the construction of the Project by Contractor for City and contains all of the covenants and agreements between the parties with respect to the construction of the Project. Each party to this Contract acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to the construction of the Project by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding work not contained in this Contract shall be valid or binding. Any modification or amendment of this Contract will be effective only if it is in writing and signed by the parties to this Contract. Any changes to the work required by this Contract will be by change order signed by the parties. 24 Governing Law
This Contract will be governed by and construed in accordance with the laws of the State of California without reference to change of venue laws. Any legal action in which enforcement of the terms and conditions of this Contract is requested, or in which it is alleged that a breach of this Contract has taken place, shall be filed and prosecuted in the County of Los Angeles, California.
25 Successors and Assigns
The terms and conditions of this Contract shall be binding on the successors and assigns of the parties to this Contract.
26 Exhibits
The exhibits and attachments referenced in this Contract are attached hereto and incorporated herein by this reference as though set forth in full in the Contract. 11-13Concord - Document ID: 0309VCDLl4krCKMSpliDY8
27 Authority to Sign
The person or persons executing this Contract on behalf of the Contractor warrant and represent that they have the authority to execute this Contract on behalf of the Contractor and have the authority to bind Contractor to the construction of the Project.
28 Time is of the Essence
Time is of the essence in every provision of this Agreement in which time to perform is a factor.

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

CITY OF PALMDALE ALL AMERICAN BUILDING SERVICES

Sal Mendez Date
City Manager Pro Tem

Anthony Innabi Date
President

ADDRESS FOR NOTICE:

CITY OF PALMDALE
38250 Sierra Highway
Palmdale, CA 93550

ADDRESS FOR NOTICE:

ALL AMERICAN BUILDING SERVICES
PO Box 802586
Santa Clarita, CA 91380
APPROVE AS TO FORM:

Alexandra Halfman
Acting City Attorney

ATTEST:

Roxanne Faber
City Clerk
ATTEST: If Corporation

Secretary

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

12-13Concord - Document ID: 0309VCDLl4krCKMSpliDY8

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

■Certificate(s) and Endorsement(s) attached
■Confirmed business name on contract with certificate(s) ■Attached notarized bond(s), Worker's Compensation Certificate, and Guaranty ■Attached Agreement Checklist and met all requirements

13-13Concord - Document ID: 0309VCDLl4krCKMSpliDY8
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City Council Staff Report

DATE: OCTOBER 7, 2025

TO: HONORABLE MAYOR PRO TEM AND CITY COUNCIL

FROM: PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

DISTRICT: 2

SUBJECT: ADOPT RESOLUTION NO. CC 202 5-070, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALMDALE SETTING ASIDE
PORTIONS OF CITY-OWNED LAND (APNs 3001-026-918, -923, -924, -925), FOR RIGHT-OF-WAY AND BIKEWAY EASEMENTS ALONG
25TH STREET WEST AND AVENUE O-12 FOR PUBLIC ROAD AND

HIGHWAY PURPOSES

RECOMMENDATION

Staff recommend that the City Council:

1. Adopt Resolution No. CC 2025-070, a Resolution of the City Council of the City of Palmdale setting aside portions of City -owned land (APNs 3001-026-918, -923, - 924, -925), for right -of-way and bikeway easements along 25th Street West and Avenue O-12 for public road and highway purposes; and,

2. Authorize the Mayor Pro Tem to execute Resolution No. CC 2025-070, accepting the set-aside easement for portions of City -owned land (APNs 3001-026-918, - 923, -924, -925), for right -of-way and bikeway improvements along 25th Street West and Avenue O-12 for public road and highway purposes.

BACKGROUND

On September 12, 2024, the Planning Commission approved Condition Use Permit (CUP) 03-05 Major Modification (MOD) No. 1, for the expansion of Marie Kerr Park to construct a new park -and-ride facility located at the northwest corner of Rancho Vista Boulevard and 25 th Street West. The park-and-ride facility will expand to the 58-acre park site by 15 acres. Along with the entertainment amenities this project will bring to the community, the project is entitled to provide public roadway improvements along the project frontages of 25th Street West and Avenue O-12. The City owns the undeveloped parcels in fee and are identified as Assessor Parcel Nos. 3001-026-918, -923, -924, and -925.

Report to Mayor Pro Tem and City Council
Re: Reso. No. CC 2025-070
October 7, 2025

DISCUSSION

As part of the Marie Kerr Park -and-Ride project, the roadway west side of 25th Street West and the south side of Avenue O -12 will be improved to support the project. As described in Exhibits A and B, easements for future roadway improvements will be set aside for future public use. Resolution No. CC 2025-070 will authorize the public use of portions of APNs 3001-026-918, -923, -924, and -925 for road and highway purposes.

FISCAL IMPACT

$0; There is no fiscal impact to the City as this easement is reserving land for future roadway improvements.

STRATEGIC PLAN

Goal III: Invest in infrastructure to improve community livability.

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

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

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

Prepared by:

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

ATTACHMENTS

Reso. No. CC 2025-070
Exh A Legal Description
Exh B Plat Map

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2025-070

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE SETTING ASIDE PORTIONS OF CITY -OWNED LAND (APN s 3001-026- 918, -923, -924, -925), FOR RIGHT -OF-WAY AND BIKEWAY
EASEMENTS ALONG 25TH STREET WEST AND AVENUE O-12 FOR

PUBLIC ROAD AND HIGHWAY PURPOSES

WHEREAS, the City owns the real property identified as APNs 3001-026-918, - 923, -924, and -925 in fee title, and

WHEREAS, a portion of this real property is required for public road and highway purposes as described in Exhibit ‘A’ and as shown on the attached Exhibit ‘B’; and

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

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

SECTION 1. The City Council hereby finds and determines that portions of City - owned parcel (APN s 3001-026-918, -923, -924, -925), as described in Exhibit ‘A’ and as shown on Exhibit ‘B’, are necessary for public road and highway purposes and hereby sets aside the same for pub lic road and highway purposes as authorized by the Streets and Highway Code of the State of California.

SECTION 2. The City Council hereby directs the City Clerk to submit a certified copy of this Resolution to the Los Angeles County Recorder for recordation.

Resolution No. CC 2025-070

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

PASSED, APPROVED and ADOPTED this ______ day of ____________, ________.

_________________________________
Laura Bettencourt, Mayor Pro Tem

APPROVED AS TO FORM: ATTEST:

___________________________ _________________________________ Alexandra Severino Rochelle Scott, City Clerk
City Attorney

I, Rochelle Scott, City Clerk of the City of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the ______ day of _____________, 20___ by the following roll call vote:

AYES:

NOES:___________________________________________________________

ABSTAIN:______________________ABSENT:___________________________

Date:

Rochelle Scott, City Clerk

City Council Staff Report

DATE: OCTOBER 7, 2025

TO: HONORABLE MAYOR PRO TEM AND CITY COUNCIL

FROM: PARKS AND RECREATION DEPARTMENT

DISTRICT: ALL

SUBJECT: APPROVE THE NOMINATION TO NAME THE FUTSAL COURTS AT SAM YELLEN PARK IN ACCORDANCE WITH THE CITY’S ASSET

NAMING AND RENAMING POLICY

RECOMMENDATION

Staff recommend that the City Council:

1. Approve the nomination to name the futsal courts located at Sam Yellen Park in accordance with the City’s Asset Naming and Renaming Policy.

BACKGROUND

In accordance with the City’s Asset Naming and Renaming Policy, City assets may be named after outstanding individuals who have made significant contributions to the community.

Per the procedures section of the policy, naming requires a vote of the City Council. Per Section 2(iii) of the policy, if a City asset is to be named after an elected official who is not deceased, the approval of the request requires a unanimous vote of the City Council.

Approval of this request would result in a fiscal impact related to the purchase of on-site signage.

DISCUSSION

The City recently completed construction of Phase II of Sam Yellen Park. A nomination has been submitted by Councilmember Er ic Ohlsen to name the futsal court in recognition of Assemblymember Juan Carrillo, who has served the community in various capacities, including as a member of the Palmdale City Council prior to his election to the California State Assembly.

Report to Mayor Pro Tem and City Council
Re: Approve Nomination to Name Futsal Courts after Assemblymember Juan Carrillo October 7, 2025

FISCAL IMPACT

$10,000; On-site signage funds are budgeted and available in FY 2025-26.

STRATEGIC PLAN

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

Prepared by: Keri Smith, Director of Parks and Recreation Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Salvador Mendez, Interim City Manager
Approved as to form: Alexandra Severino, City Attorney

ATTACHMENTS

City Asset Naming and Renaming Policy

EXHIBIT A
City of Palmdale
City Asset Naming and Renaming Policy
______________________________________________________________________ A. PURPOSE

1. To establish uniform guidelines for naming and renaming City assets to best serve the City’s interests and to ensure a worthy and enduring legacy. This policy outlines the criteria, conditions, and procedures that govern the naming and renaming process to maintain their integrity and recognize outstanding community giving while acknowledging public investments.

B. POLICY

1. The City will adopt a name for City assets based on one or more of the following criteria:
i. Location. As a general policy, a name should assist the public in identifying its location. The City shall first consider the name of the nearby neighborhood, landmark, geographical identification, natural or topographical features, and adjacent schools and streets; or ii. Historical Significance. Names that have recognizable historical significance associated with Palmdale. Examples include the history of a major event, place, or person that plays a vital role in preserving and honoring a community’s history; or
iii. Outstanding Individuals. This category is designed to honor those who have served the City in an exceptional and distinguished manner, and as such, an asset of commensurate value may be selected. Recognition is acceptable should their contribution be deemed of major significance to benefit the City. Naming or renaming a City asset for an individual is encouraged for those persons whose significance and good reputation have been accepted in the community or City; and/or state or national history; or iv. Major Donations. Financial contributions to the City may warrant acknowledging the funding source through naming or renaming. Such donations will require a donation agreement to address the use of the funds, length of naming recognition, and continued maintenance and operations costs.

C. GUIDING PRINCIPLES

1. General Provisions
i. The City will also consider the following when considering nominations for naming or renaming of a City asset:
a. Nominations that portray depictions, words, or phrases that the City reasonably deems to be harmful, controversial, or otherwise do not support the guiding principles stated in this policy will not be considered. b. Generally, an asset shall not be named after a public official or private individual unless that person is deceased. The naming of a City asset in honor of a deceased person shall generally not occur until after a minimum waiting period of one year.
c. Generally, the naming of ancillary features or rooms may have names that differ from that of the entire property. These names shall be subject to the same criteria within this policy but may be more generously applied commensurate with the value of the named feature. d. If multiple donors share in the contribution, the City shall favor a functional title for the asset with plaques honoring those who contributed.
e. If a civic group provides the contribution, only those whose mission statement is compatible with City goals and objectives shall be considered.
f. No City asset shall be named after an elected official while that official remains in public office, and naming an asset after an elected official while in office will only be considered under extraordinary circumstances.
g. Names shall not be subject to change unless the name has been in effect for 10 years or more and, after review the proposed new name is found to be more appropriate than the existing name based on the criteria in this policy.
h. At any time, names shall be subject to change should the name become disreputable or does not otherwise support the guiding principles outlined in this policy.

2. Corporate contributions shall be recognized within the framework of the City’s Advertising & Sponsorship Policy.

3. All related signage shall comply with the applicable sections of the Palmdale Municipal Code.

4. The City Council may authorize the feature of a park or open space to be developed or established through a fundraising effort that may include naming. This policy does not intend to prohibit fundraising activities that involve naming as part of the fundraising effort. Examples may include naming a brick, seats, and plants.

D. PROCEDURES

1. Naming or Renaming Nomination Process
i. Public input is accepted by submitting a City-provided application for naming or renaming a City asset. The City Manager or their designee will review nominations to evaluate alignment with the City’s naming policy.

Reviewed nominations will be provided to the City Council in a written report to include project feasibility and cost estimates. Public nominations that are determined to be in alignment with this policy will require the Councilmember to endorse the nomination; the City Council may then hear endorsed nominations and consider approval.
ii. Nominations initiated by individual Councilmembers shall be submitted to the City Council directly. Councilmembers may only initiate nominations for assets.
iii. Nominations under the criteria of historical significance shall include an evaluation by a historian and/or a public Library director to validate facts.

2. Naming or Renaming Approval Process
i. Naming of City assets requires a majority vote of approval by the City Council.
ii. Renaming of City assets requires a unanimous vote of approval by the City Council.
iii. Generally, a facility shall not be named after an elected official or private individual unless that person is deceased. A decision to name a facility after an elected official who is not deceased shall require a unanimous vote of approval by the City Council.

3. The City, in its sole discretion, may:
i. Name rooms and property amenities to establish operational order or to coincide with a property theme. Street naming shall comply with current requirements and application procedures.
ii. Provide a good faith, discretionary administration of this policy for the benefit of the public in general. This policy is not intended to provide an enforceable right, expectation, or property interest to any third party providing donations to the City.

E. DEFINITION OF TERMS
“Amenities” shall mean an individual exterior or interior feature within a larger park or facility, including, but not limited to, meeting rooms, landscaped grounds, flower gardens, sculptures, picnic shelters, play lots, ball fields, and other similar items. “City Asset” shall include parks, facilities, streets, and amenities. “Donation” shall mean a monetary (cash) contribution, endowment, personal property, real property, financial securities, equipment, in-kind goods or services, or any other asset that the City has accepted and for which the donor has not received goods or services in return.
“Donor” shall mean a person or other legal entity that proposes or provides a donation to the City.
“Elected Official” shall mean any person who acquires local, regional, or national office through an election.
“Funding” shall mean a financial or in-kind donation that may result in the naming or renaming of a City asset.
“Historian” shall mean a scholar who studies and writes published historical narratives based on research and validation.
“Naming” shall mean the selection and approval by the City Council for the initial naming of a City asset.
“Renaming” shall mean the selection and approval by the City Council for a new name of an existing City asset.
“Sign Ordinance” shall mean the City’s sign regulations contained in the Palmdale Municipal Code.

City Council Staff Report

DATE: OCTOBER 7, 2025

TO: HONORABLE MAYOR PRO TEM AND CITY COUNCIL

FROM: CITY MANAGER DEPARTMENT

CITY CLERK DIVISION

DISTRICT: ALL

SUBJECT: CITY COUNCIL NOMINATION AND APPOINTMENT OF TWO (2)

HOUSING AUTHORITY TENANT MEMBER COMMISSIONERS TO
SERVE A TWO-YEAR TERM TO EXPIRE SEPTEMBER 30, 2027

RECOMMENDATION

Staff recommend that the City Council:

1. Nominate and appoint two (2) Housing Authority Tenant Member Commissioners to serve a two-year term to expire September 30, 2027.

BACKGROUND

The terms for the Housing Authority Tenant Member Commissioners have expired. The City Council shall appoint two members to the Housing Authority. Appointments are made in accordance with §2.08.030 of the Palmdale Municipal Code.

Qualifications: At least one (1) Tenant Member Commissioner must be age 62 or older in accordance with the California Health & Safety Code § 34240, and both must be a tenant in good standing at one of the following Housing Authority properties:

 Boulders at the Ranch 1
 Boulders at the Ranch 2
 Boulders at the Lake
 La Quinta Apartments
 Summerwood
 Park Vista
 The Impressions

Housing Authority meetings are scheduled as needed and are usually held concurrently with City Council meetings.

Report to Mayor Pro Tem and City Council
Re: Housing Authority Tenant Member Commissioner Appointments October 7, 2025

DISCUSSION
To fill the open Tenant Member Commissioner positions on the Housing Authority, the City posted a notice on its website and promoted the opportunity through a press release and social media.

The application period was open from August 3 to September 4, 2025.

Three eligible applicants submitted applications. The table below provides a list of applicants. District information is included for reference only.

DISTRICT 1 DISTRICT 2 DISTRICT 3 DISTRICT 4
Councilmember
Ohlsen
DISTRICT 5
Councilmember
Bishop
Councilmember
Loa
Mayor Pro Tem
Bettencourt
Councilmember
Alarcon
None *Dianne Betts None None *Christina Fraga-Saenz
Vard Griffith
*Currently serving members of the Housing Authority

FISCAL IMPACT

$1,500; Housing Authority Tenant Member Commissioners receive $100 per meeting.

Funds are budgeted in Account No. 10118001. Housing Authority meetings are as needed.

STRATEGIC PLAN

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

D. Strengthen regional, state, and national partnerships to enhance our legislative presence.

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

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

Prepared by: Rochelle Scott, City Clerk
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Salvador Mendez, Interim City Manager
Approved as to form: Alexandra Severino, City Attorney

ATTACHMENTS

Apps Redacted
From:
[email protected]
To:

City Clerk
Subject:
[EXTERNAL] Online Form Submittal: Housing Authority/Volunteer Application Date:

Saturday, August 30, 2025 7:07:27 PM
CAUTION:

This email originated from outside of the organization.

Housing Authority/Volunteer Application
The City of Palmdale is an equal opportunity employer and does not discriminate in hiring or employment upon any basis prohibited by law, including race, color, creed, religion, age, sex (including pregnancy, childbirth and related medical conditions), cancer, national origin, genetic characteristics, genetic information, ancestry, sexual orientation, gender, gender identity, gender expression, marital status, veteran status, disability or any other basis protected by applicable law. None of the questions or information sought in this application are intended to discriminate based upon any status protected by law. If you need reasonable accommodation in completing this application, or in any other part of the application process, please contact the City Clerk’s Office at 661/267-5151.
(Section Break)
Housing Authority Information:

Name:

Dianne Betts
Address:

City:

Palmdale
Zip Code:
93551
Home Phone:

Business Phone:

Field not completed.

Occupation:

Retired/Accountant
Why are you interested
in this position?
Serving as a Tenant Commissioner on the Palmdale Housing Authority for the past two years has been both an honor and a learning experience. Working alongside the City Council members, the Mayor and Mayor Pro Tem, and one additional Tenant Commissioner, I have gained a deep appreciation for how important tenant input is in shaping housing policy.

I am seeking reappointment because I recognize that many

public housing initiatives, especially those involving new developments or large-scale improvements, take years to come to fruition. Maintaining continuity on the commission is essential to ensuring that long-term projects stay aligned with their original goals and continue to reflect the needs of residents. I want to remain a part of that process, contributing institutional knowledge and a consistent voice that helps move these important efforts forward.

Considering your
previous experience
and activities in
business, labor,
professional, social or
other organizations,
indicate what you feel
are the most important
experiences and
abilities that qualify you
for this position.

I hold an Associate of Arts degree in Accounting and a Bachelor of Science degree in Business, which have provided me with a strong foundation in financial principles and business operations.

Professionally, I bring a wealth of accounting and government contracting experience, including:
• Working closely with the Defense Contract Audit Agency (DCAA)
• Managing orders through the Defense Logistics Agency (DLA) WAWF, SAMS, and COINS websites.
• Monitoring multiple delivery orders to ensure accurate billing and project tracking.
• Collaborating directly with the Contracting Officer's Representative (COR) to resolve discrepancies and secure timely approvals.
• Maintaining financial systems AP, AR, and purchase
requisitions (PR).
• Preparing detailed financial reports.
• Communicating with customers, employees, vendors, and other stakeholders to answer questions and clarify requirements and contract information.

In addition to my accounting expertise, I supported the successful acquisition of a GSA Schedule Contract and
negotiated agreements with the Defense Contract Management Agency (DCMA), demonstrating my understanding of
government operations and compliance. I have also managed multi-stakeholder projects, acting as the key liaison between internal teams and clients, skills that enhance my ability to represent tenants effectively and collaborate with Housing Authority staff and commissioners.

Have you had previous
public service
experience on a
commission or public
body? If so, indicate
the public agency, title
of position and duties.

Yes. I currently serve as a Tenant Commissioner on the
Palmdale Housing Authority, which consists of the Vice Chair, 4 Commissioners, and one additional Tenant Commissioner. In this role, I represent tenant perspectives in decision-making processes, attend public meetings, review policies and
proposals, and collaborate with other commissioners and Housing Authority staff to promote fairness, transparency, and effective governance. I view my position not just as a seat at the table, but as a responsibility to ensure that the concerns and needs of residents are understood and respected.

What do you hope to
accomplish as a
Housing Authority
Member?
If reappointed, I hope to continue building trust between tenants and the Housing Authority by increasing engagement, improving communication channels, and advocating for timely and
equitable responses to resident concerns. I also want to support policies that expand access to affordable housing and ensure that existing programs are effectively maintained.

Many housing projects are multi-year efforts involving complex planning, funding, and community input. I want to help provide the continuity needed to see these projects through successfully.

By remaining actively involved, I can help preserve institutional knowledge, ensure follow-through, and support long-term solutions that benefit all stakeholders—residents, city leadership, and the broader Palmdale community.

Do you, your family
member or other
connection have a
business at the
property where you are
a tenant, or a business
that receives a profit
from the property
where you are a
tenant? Do you have a
relationship (family
member or other
connection) with a
vendor who receives a
profit from the property
where you are a
tenant? If so, please
explain.

No. I do not have, nor does any family member or personal connection have, a business or financial interest in the property where I reside, nor do I have any relationship with a vendor who profits from the property.

Are you a tenant in
good standing at your
residence? If not,
please explain.

Yes. I am a tenant in good standing at my residence.

List your education,
highest year
completed, and
degrees, if any?
Bachelor of Science in Business and Accounting; Associate of Arts in Accounting
In your opinion, what is
the goal of the Housing
Authority and what
benefit does it provide
to the City of
Palmdale?
The Housing Authority’s goal is to provide stable, affordable, and safe housing to residents, especially those most in need. It helps create a foundation from which families and individuals can achieve stability, dignity, and upward mobility. For the City of Palmdale, the Housing Authority is an essential component of community development, ensuring that housing needs are
addressed in a way that supports economic growth, reduces homelessness, and fosters an inclusive and resilient city. As a Tenant Commissioner, I see firsthand the critical impact this work has on our community, and I am proud to be part of it.

If you wish, you may
attach a copy of your
resume to this
application.

Signed:

Dianne S. Betts
(Section Break)
Volunteer Information:

REASONABLE
ACCOMMODATIONS:

Based on your
understanding of the
Volunteer Program, will
you require any special
accommodations to
apply and/or participate
as a volunteer?
No
Please list all other languages you know.

Language:

English
Language Skills:

Speak, Read, Write
Language:

Field not completed.

Language Skills:

Field not completed.

Specialized
training/skills:

See Resume
Computer Skills
Word, Access, PowerPoint, Excel
Is any or all of your
volunteer time to be
credited toward a
project, certification or
degree program for a
school, community
organization or
religious program?
No
Previous Volunteer/
Current Housing Authority Tenant Commissioner

Work Experience as it
relates to your
volunteer interests:

In Case of Emergency:

Who should we notify?
Name:

Relationship to
Applicant:

Home Phone:

Work Phone:

Field not completed.

Physician’s Name:

Phone:

Field not completed.

Do you have any
medical history that we
should be aware of in
the event of an
emergency? (Allergies,
medications, etc.)
City of Palmdale
Volunteer Agreement for Commissions and Boards
I certify that all statements on this application are true and complete to the best of my knowledge. I hereby authorize the City of Palmdale to investigate any information contained in this application. I understand that as part of the final selection process I will be required to pass a livescan fingerprint scan submission via the California Department of Justice. I understand that information collected during this background check will be limited to that which is appropriate in determining my suitability for particular types of volunteer work, and such information collected during the check will be kept confidential.

I understand that
false or misleading statements shall be sufficient grounds for disqualification from the City’s Volunteer Program. Further, I understand that as a volunteer, I am offering my services of my own free will without any expectation of compensation, benefits, or insurance of any kind (unless otherwise noted).

I voluntarily agree to participate in this program. I hereby waive, release, and hold harmless from any liability or claims for damages for personal injury, including death, as well as from claims for property damage which may arise in connection with the above-named activity, against the supervisor, the City of Palmdale and its elected and appointed officials, agents, and employees.

I hereby agree to the
Volunteer Agreement
set forth on:
8/30/2025 6:30 PM
Volunteer Signature: Dianne S. Betts
Email not displaying correctly? View it in your browser. 1 Housing Authority/Volunteer Application

The City of Palmdale is an equal opportunity employer and does not discriminate in hiring or employment upon any basis prohibited by law, including race, color, creed, religion, age, sex (including pregnancy, childbirth and related medical conditions), can cer, national origin, genetic
characteristics, genetic information, ancestry, sexual orientation, gender, gender identity, gender expression, marital status, veteran status, disability, or any other basis protected by applicable law.

None of the questions
or information sought in this application are intended to discriminate based upon any status protected by law. If you need reasonable accommodation in completing this application, or in any other part of the application process, please contact the City Cle rk’s Office
at

(
661
)
267
-
5151.

Housing Authority Information:

Please Print or Type

Name:

Dianne S. Betts

Occupation:

Accountant/Retired

Address:

City:

Palmdale

Zip

Code:

93551

Phone:

2 Statement of Interest and Qualifications
Housing Authority Tenant Commissioner – City of Palmdale

Why are you interested in this position?
Serving as a Tenant Commissioner on the Palmdale Housing Authority for the past two years has been both an honor and a learning experience. Working alongside the City Council members, the Mayor and Mayor Pro Tem, and one additional Tenant Commissioner, I have gained a deep appreciation for how important tenant input is in shaping housing policy.

I am seeking reappointment because I recognize that many public housing initiatives, especially those involving new developments or large-scale improvements, take years to come to fruition.

Maintaining continuity on the commission is essential to ensuring that long-term projects stay aligned with their original goals and continue to reflect the needs of residents. I want to remain a part of that process, contributing institutional knowledge and a consistent voice that helps move these important efforts forward.

Considering your previous experience and activities in business, labor, professional, social or other organizations, indicate what you feel are the most important experiences and abilities that qualify you for this position.

I hold an Associate of Arts degree in Accounting and a Bachelor of Science degree in Business, which have provided me with a strong foundation in financial principles and business operations.

Professionally, I bring a wealth of accounting and government contracting experience, including:
• Working closely with the Defense Contract Audit Agency (DCAA) • Managing orders through the Defense Logistics Agency (DLA) W AWF, SAMS, and COINS websites.
• Monitoring multiple delivery orders to ensure accurate billing and project tracking. • Collaborating directly with the Contracting Officer's Representative (COR) to resolve discrepancies and secure timely approvals.
• Maintaining financial systems AP, AR, and purchase requisitions (PR). • Preparing detailed financial reports.
• Communicating with customers, employees, vendors, and other stakeholders to answer questions and clarify requirements and contract information. 3 In addition to my accounting expertise, I supported the successful acquisition of a GSA Schedule Contract and negotiated agreements with the Defense Contract Management Agency (DCMA), demonstrating my understanding of government operations and compliance. I have also managed multi-stakeholder projects, acting as the key liaison between internal teams and clients, skills that enhance my ability to represent tenants effectively and collaborate with Housing Authority staff and commissioners.

Have you had previous public service experience on a commission or public body? If so, indicate the public agency, title of position, and duties.

Yes. I currently serve as a Tenant Commissioner on the Palmdale Housing Authority, which consists of the Vice Chair, Four Commissioners, and one additional Tenant Commissioner. In this role, I represent tenant perspectives in decision-making processes, attend public meetings, review policies and proposals, and collaborate with other commissioners and Housing Authority staff to promote fairness, transparency, and effective governance. I view my position not just as a seat at the table, but as a responsibility to ensure that the concerns and needs of residents are understood and respected.

What do you hope to accomplish as a Housing Authority Member? If reappointed, I hope to continue building trust between tenants and the Housing Authority by increasing engagement, improving communication channels, and advocating for timely and equitable responses to resident concerns. I also want to support policies that expand access to affordable housing and ensure that existing programs are effectively maintained.

Many housing projects are multi-year efforts involving complex planning, funding, and community input. I want to help provide the continuity needed to see these projects through successfully. By remaining actively involved, I can help preserve institutional knowledge, ensure follow-through, and support long-term solutions that benefit all stakeholders—residents, city leadership, and the broader Palmdale community.

Do you, your family member, or other connection have a business at the property where you are a tenant, or a business that receives a profit from the property where you are a tenant? Do you have a relationship (family member or other connection) with a vendor who receives a profit from the property where you are a tenant? If so, please explain.

No. I do not have, nor does any family member or personal connection have, a business or financial interest in the property where I reside, nor do I have any relationship with a vendor who profits from the property.
4 Are you a tenant in good standing at your residence? If not, please explain.

Yes. I am a tenant in good standing at my residence.

In your opinion, what is the goal of the Housing Authority and what benefit does it provide to the City of Palmdale?
The Housing Authority’s goal is to provide stable, affordable, and safe housing to residents, especially those most in need. It helps create a foundation from which families and individuals can achieve stability, dignity, and upward mobility. For the City of Palmdale, the Housing Authority is an essential component of community development, ensuring that housing needs are addressed in a way that supports economic growth, reduces homelessness, and fosters an inclusive and resilient city. As a Tenant Commissioner, I see firsthand the critical impact this work has on our community, and I am proud to be part of it.

Signed: Dianne S. Betts

Dianne S. Betts

From:
[email protected]
To:

City Clerk
Subject:
[EXTERNAL] Online Form Submittal: Housing Authority/Volunteer Application Date:

Monday, September 1, 2025 7:22:22 PM
CAUTION:

This email originated from outside of the organization.

Housing Authority/Volunteer Application
The City of Palmdale is an equal opportunity employer and does not discriminate in hiring or employment upon any basis prohibited by law, including race, color, creed, religion, age, sex (including pregnancy, childbirth and related medical conditions), cancer, national origin, genetic characteristics, genetic information, ancestry, sexual orientation, gender, gender identity, gender expression, marital status, veteran status, disability or any other basis protected by applicable law. None of the questions or information sought in this application are intended to discriminate based upon any status protected by law. If you need reasonable accommodation in completing this application, or in any other part of the application process, please contact the City Clerk’s Office at 661/267-5151.
(Section Break)
Housing Authority Information:

Name:

Christina M Fraga-Saenz
Address:

City:

Palmdale
Zip Code:
93550
Home Phone:

Business Phone:

Field not completed.

Occupation:

Disabled
Why are you interested
in this position?
As a current Housing Commissioner, I would like to continue to serve the community in this capacity. Palmdale has a
considerable need for a diversity of housing, especially of the affordable category, to keep pace with the recent surge in job growth.

Considering your
Many years of experience as a Housing and Planning

previous experience
and activities in
business, labor,
professional, social or
other organizations,
indicate what you feel
are the most important
experiences and
abilities that qualify you
for this position.

Commissioner has provided me a unique insight and practical application of housing policies that makes me well qualified for this position. I have been a board member of the Palmdale Womens' Club, providing a diverse variety of volunteer services to our community As a founding member of the Desert Dumping Task Force, we have taken direct action to improve the quality of life for many of our neighborhoods. As a current Vice President of the Palmdale-Poncitlan Sister City Association, we encourage cultural and economic exchange between our communities, participate in local activities and volunteer events,and promote improved relationships and understanding with our many
residents with roots in our sister City. As a member of our local CERT Community Emergency Response Team. we have applied our specialized training in the recent devastating wildfires, and assisted in the re-population of area residents.

Have you had previous
public service
experience on a
commission or public
body? If so, indicate
the public agency, title
of position and duties.

Planning Commission 2020 to 2023; applying the city General Plan and Zoning Ordinances.

Public Arts Commission 2021 to 2023; Planning Commission representative to encourage quality public art development and determine proposals' consistency with the city's goals, objectives, and policies.

Housing Commission 2019 to Present; provide input and analysis of various housing proposals.

What do you hope to
accomplish as a
Housing Authority
Member?
I wish to continue to move our City housing programs forward in a positive manner, consistent with state law and the city council's established goals and objectives to address the need for safe, sanitary, and quality affordable housing for our residents.

Do you, your family
member or other
connection have a
business at the
property where you are
a tenant, or a business
that receives a profit
from the property
where you are a
tenant? Do you have a
relationship (family
member or other
connection) with a
vendor who receives a
profit from the property
where you are a
tenant? If so, please
explain.

No
Are you a tenant in Yes
good standing at your
residence? If not,
please explain.

List your education,
highest year
completed, and
degrees, if any?
CSUN - 2 years
In your opinion, what is
the goal of the Housing
Authority and what
benefit does it provide
to the City of
Palmdale?
The housing authority includes tenant members that bring a lived experience and perspective to the board. We must balance the city's General Plan and Regional Housing Needs Assessment, and the state mandate to address the need for quality affordable housing, especially with the considerable local and regional job growth.

If you wish, you may
attach a copy of your
resume to this
application.

Field not completed.

Signed: Christina M. Fraga-Saenz
(Section Break)
Volunteer Information:

REASONABLE
ACCOMMODATIONS:

Based on your
understanding of the
Volunteer Program, will
you require any special
accommodations to
apply and/or participate
as a volunteer?
No
Please list all other languages you know.

Language: Field not completed.

Language Skills: Field not completed.

Language: Field not completed.

Language Skills: Field not completed.

Specialized
training/skills:

Field not completed.

Computer Skills
Field not completed.

Is any or all of your
volunteer time to be
credited toward a
project, certification or
degree program for a
school, community
organization or
religious program?
No
Previous Volunteer/
Work Experience as it
relates to your
volunteer interests:

Field not completed.

In Case of Emergency:

Who should we notify?
Name:

Relationship to
Applicant:

Home Phone:

Work Phone:

Physician’s Name:

Phone:

Do you have any
medical history that we
should be aware of in
the event of an
emergency? (Allergies,
medications, etc.)
Field not completed.

City of Palmdale
Volunteer Agreement for Commissions and Boards
I certify that all statements on this application are true and complete to the best of my knowledge. I hereby authorize the City of Palmdale to investigate any information contained in this application. I understand that as part of the final selection process I will be required to pass a

livescan fingerprint scan submission via the California Department of Justice. I understand that information collected during this background check will be limited to that which is appropriate in determining my suitability for particular types of volunteer work, and such information collected during the check will be kept confidential. I understand that false or misleading statements shall be sufficient grounds for disqualification from the City’s Volunteer Program. Further, I understand that as a volunteer, I am offering my services of my own free will without any expectation of compensation, benefits, or insurance of any kind (unless otherwise noted).

I voluntarily agree to participate in this program. I hereby waive, release, and hold harmless from any liability or claims for damages for personal injury, including death, as well as from claims for property damage which may arise in connection with the above-named activity, against the supervisor, the City of Palmdale and its elected and appointed officials, agents, and employees.

I hereby agree to the
Volunteer Agreement
set forth on:
9/1/2025 5:45 PM
Volunteer Signature: Christina M. Fraga-Saenz
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City Council Staff Report

DATE: OCTOBER 7, 2025

TO: HONORABLE MAYOR PRO TEM AND CITY COUNCIL

FROM: OPERATIONS DEPARTMENT

HUMAN RESOURCES DIVISION

DISTRICT: ALL

SUBJECT: APPROVE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF

PALMDALE AND SALVADOR MENDEZ

RECOMMENDATION

Staff recommend that the City Council:

1. Approve Agreement No. A -9575 between the City of Palmdale and Salvador Mendez.

DISCUSSION

On September 2, 2025, the City Council unanimously approved the appointment of Salvador Mendez, Assistant City Manager, as Interim City Manager. This appointment was made to ensure continuity of executive leadership and to maintain stability within the organization during a transitional period.

The proposed Employment Agreement outlines the terms of service, including compensation, benefits, at ‑will status, and other standard provisions such as indemnification, performance evaluation, and separation requirements. The Interim term formally commenced on September 2, 2025, concurrent with Council’s appointment. To avoid disruption and provide for operational stability, the agreement further specifies that Mr. Mendez will assume the role of City Manager effective January 19, 2026.

The continuity afforded by this agreement provides stability to City functions, supports the effective delivery of services to the community, and affirms the Council’s commitment to ensuring long‑term organizational leadership and stability.

FISCAL IMPACT

Sufficient funding is budgeted in the FY 2025-26 Annual Operating Budget for the totality of this Agreement.

Report to Mayor and City Council
Re: Approve Agrmt No. A-9575
October 7, 2025

STRATEGIC PLAN

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

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

Prepared by:

Certified as to the availability of Funds:

Janelle Samson, Director of Operations
Janelle Samson, Director of Operations
Approved by: Salvador Mendez, Interim City Manager
Approved as to form: Alexandra Severino, City Attorney

ATTACHMENTS

Agrmt No. A-9575
A-9575

EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF PALMDALE AND

SALVADOR MENDEZ

THIS AGREEMENT is effective this 2nd day of September 2025, by and between the City of Palmdale, a charter city, (hereinafter called "Employer"), and Salvador Mendez (hereinafter called "Employee" or “Mendez”), both of whom understand as follows:

WHEREAS, Employer desires to engage the services of Employee as the Interim City Manager of the City of Palmdale (“City”), as provided by Title 2, Chapter 2.04 of the Palmdale Municipal Code (“PMC”); and, WHEREAS, on September 2, 2025, the City Council of the City (“Council”) took action pursuant to § 2.04.040 of the PMC and appointed Mendez as Interim City Manager and directed the City Attorney’s office to prepare an agreement setting out the terms and conditions of his employment; and, WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain conditions of employment, and set working conditions of said Employee; and, WHEREAS, on October 7, 2025, the Council adopted Resolution No. CC 2025-072 amending the City’s Publicly Available Pay Schedule to include the addition of the Interim City Manager position, and establishing a salary range for the Interim City Manager position; and,
WHEREAS, the Employer desires to:

1. Secure the services of Employee and to provide inducements for him to enter into such employment; 2. To make possible full work productivity by assuring Employee's security;

3. To provide a reasonable procedure for terminating Employee's services at such time as he may be unable to fully discharge his duties or when Employer may otherwise desire to terminate his employment; and WHEREAS, Employee desires to obtain employment as the Interim City Manager of said City; and.

WHEREAS, this Agreement supersedes and terminates any and all prior employment written or verbal agreements.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:

SECTION 1. Duties.

A. Interim City Manager. Employer hereby engages the services of Employee as Interim City Manager to perform the functions and duties specified in Title 2, Chapter 2.04 of the Palmdale Municipal Code and to perform such other legally permissible and proper duties and functions consistent with the office of the City Interim City Manager
Contract, Page 2 of 11

Manager, as the Council shall from time-to-time assign. The Interim City Manager shall be required to participate in all Closed Sessions of the City Council, with the exception of matters where a conflict exists.

B. Start Date. Employee shall commence his employment and be under the pay, benefits, and accrual provisions of this Agreement beginning on September 2, 2025.

SECTION 2. Term.

A. Council May Terminate. Except as expressly stated in this Agreement, nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Council to terminate the services of Employee at any time, with or without cause.

Employee is an unclassified employee who serves at the pleasure of the City Council and is employed on an at-will basis. The Council may terminate Employee’s employment with the City and this Agreement without cause upon thirty (30) calendar days’ written notice to Employee. In the event that the Council determines there is good cause to terminate Employee’s employment and this Agreement, the Council will provide no less than ten (10) calendar days’ written notice to the Employee. Employee shall be entitled to full pay and benefits prior to the termination date as provided in the written notice.

B. Right to Resign. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Employee to resign at any time from his position with the Employer. The Employee shall give forty-five (45) days' written notice to the Employer prior to the effective date of resignation, or such lesser period as may be agreed upon by Employer and Employee.

C. Initial Term. City hereby employs Employee to perform the duties and fulfill the obligations of Interim City Manager as described in this Agreement, commencing pursuant to this Agreement, and ending upon 1:59 p.m. on January 18, 2026 ("Expiration Date"). During this Initial Term, Employee shall not accept other employment nor become employed by any other employer unless Employee is terminated as provided herein. Upon expiration of the Initial Term, on January 19, 2026, Mendez shall be appointed as the City Manager.

D. Subsequent Term(s) of Employment. Effective upon Mendez’s appointment to the City Manager on January 19, 2026, Mendez shall receive a salary increase of 12%. The term shall run for a period of three (3) years from the date of appointment to City Manager position. Additional terms and conditions of employment to this Agreement may be negotiated and subsequently approved by the Council in an amendment to this Agreement.

E. Renewal Following Appointment. At least one-hundred twenty (120) days prior to the expiration of the three (3) year term following the appointment of Employee to the City Manager position, per Section 2(C), the City Council shall either take appropriate action to renew this Agreement or shall provide written notice to the City Manager of its intent to allow the Agreement to expire on its term date as provided in Section 2(D). Should the Council provide such notice, this Agreement shall not be renewed and shall expire on its stated expiration date. Failure to Interim City Manager
Contract, Page 3 of 11

provide such notice shall result in the automatic renewal of this Agreement for a period of one (1) year.

SECTION 3. Effect of Suspension.

Employer may suspend the Employee with full pay and benefits at any time during the term of this Agreement. If Employee is suspended pending an investigation by Employer or any law enforcement agency, and following such investigation Employee is convicted of (or pleads guilty to or enters into a "no-contest" plea) any illegal act or other act involving moral turpitude, abuse of office or position or personal gain to him, upon such conviction (or plea) Employee shall immediately fully reimburse Employer all salary and benefits paid to Employee during said suspension.

SECTION 4. Termination and Severance Pay.

A. Severance Pay. Except as hereinafter provided, if the Council terminates this Agreement without cause:
a While Serving as Interim City Manager:

Employer will pay Employee severance pay in an amount determined by the City Council, based on Employee’s length of service as Interim City Manager, not to exceed twelve (12) months' salary.
b Upon Appointment as City Manager:

Employer will pay Employee severance pay in an amount equal to twelve (12) months’ salary.

Employee may elect to be paid severance pay in a lump sum payment, on normal City payroll dates. All other Employee benefits, except health, dental, and vision insurance benefits, will end at the Employee's termination date.

Health, dental, and vision insurance benefits will terminate on the earlier of 12 months from the date of termination or the first date that the Employee receives health, dental, or vision insurance benefits from another source. (Collectively hereinafter "Severance Sum".) In the event that Employee is terminated for cause as determined by the Council, Employee shall receive no severance pay benefits.

B. Termination for Illegal Acts. If Employee is terminated because of a conviction (or pleads guilty to or enters a plea of "no-contest") for any illegal act or other act involving moral turpitude, abuse of office or position or personal gain to him, during his term of employment with the City, or if Employee abandons his job or duties for a period longer than fifteen (15) days, then Employer shall have no obligation to pay the Severance Sum. Notwithstanding any term in this Agreement, if Employer pays the Severance Sum and/or any other benefits under this Agreement and Employee is later convicted of (or pleads guilty to or enters a "no-contest" plea) any illegal act or other act involving moral turpitude, abuse of office or position or personal gain for acts done during the course of his Interim City Manager
Contract, Page 4 of 11

employment with Employer, then Employee shall immediately fully reimburse Employer for all such severance and benefits received.

C. Constructive Termination. If Employer at any time during the term of this Agreement reduces the salary or other financial benefits of Employee, or if Employer refuses, following written notice, to comply with any other provision benefiting Employee herein, then Employee may, at his option, be deemed to be "terminated" as of the date of such occurrence, and shall be entitled to any severance pay as provided for herein. Employee understands that reductions in overall employee programs and benefits shall not trigger any severance under this Section despite their negative impact on Employee if those reductions are generally applicable to all employees.

SECTION 5. Disability.

If Employee is deemed by his physician to be permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity, or health for a period of four (4) months beyond any accrued sick leave and/or protected leave under state or federal law, Employer shall have the option to terminate this Agreement subject to the Severance Sum pay requirements of Section 4, Paragraph A. Employee shall be compensated for any accrued Vacation, floating holiday, Sick and Administrative Leave or other accrued benefits due to him in accordance with City policies.

SECTION 6. Compensation.

A. Base Salary. In consideration for the performance of the duties of Interim City Manager as outlined above, Employee will receive a base salary of Three Hundred and Thirty Thousand Seven Hundred Twenty-Five Dollars ($330,725) annually, effective on the date of Council appointment, September 2, 2025. Such salary shall be payable in equal installments every two weeks on the same schedule as payments are made to other regular full-time employees. (Hereinafter "Base Salary".)
SECTION 7. Performance Evaluation.

A. Annual Goals. Annually, the City Council and the Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the City in the attainment of the City Council's policy objectives, and the City Council and the Employee shall further establish a relative priority among those various goals and objectives to be reduced to writing. The Employee's performance objectives shall be obtainable generally within the time limits as specified in the annual operating and capital budgets and appropriations provided.

B. Annual Review. The City Council shall annually review and evaluate the performance of the Employee. The annual review and evaluation shall be in accordance with specific criteria developed jointly by the City Council and the Employee. Such criteria may be added to or deleted as the City Council may from time to time determine in consultation with the Employee. The method of evaluation shall be at the discretion of the Council.

Interim City Manager
Contract, Page 5 of 11

C. Performance Pay. City Council may set objectives for the Employee to meet throughout the course of his employment with the City. During the course of his annual evaluation, the City Council may elect to award a sum of money, a percentage increase in salary, additional banked vacation or sick leave, or some other additional benefit to the Employee. if the City Council determines that the Employee has exceeded the previously set Council objectives (such payment known as "Performance Pay"). Such sum, percentage increase, or added benefit is solely at the discretion of the City Council and must be in the best interests of the City at the time it is made. Such Performance Pay may be discussed in executive session, but must be actually awarded via a resolution or contract amendment at a regularly scheduled City Council meeting.

SECTION 8. Hours of Work.

Employee will generally be expected to keep office hours at City Hall, during normal business hours. It is recognized, however, that Employee must devote a great deal of time outside normal office hours to the business of the Employer, and to that end Employee will be allowed to take reasonable occasional compensatory time off, as he shall deem appropriate during said normal office hours. In no event shall, when averaged over a four- week period, Employee work less than 40 hours of work per week (with use of accrued vacation, sick, and administrative leave or holiday time counting towards hours worked).

Time used in this occasional manner will not draw down any compensated time banks accrued pursuant to Section 10 below. However, use of accrued Vacation Leave or Administrative Leave should be submitted for approval by the Employee to the Mayor or the Mayor's designee. In this regard, Employee should follow the procedures and policies in effect at the time of the request for other full-time employees.

SECTION 9. Automobile Allowance; Technology Pay.

A. Employee's duties require that he engage in conducting City business both during and outside of normal business hours. The Employer, in consideration of and compensation for the Employee's travel for City business, both during and outside of normal business hours, shall pay Employee Five Hundred Dollars ($500.00) per month. Employee shall also be entitled to unlimited use of the City’s EV chargers at no cost to the Employee.

B. Technology, connectivity, and networks. To maximize and assure Employer and Employee remain in regular, secure, and reliable communication, Employee is annually able to purchase, lease, obtain services, and related devices and services in an amount not to exceed Two Thousand Dollars ($2,000.00) per calendar year.

SECTION 10. Employee Leave Benefits.

A. Sick Leave Accrual Rate. Employee shall accrue ninety-six (96) hours of paid "Sick Leave" at the rate of approximately 3.7040 hours per pay period, not subject to an accrual cap.

Interim City Manager
Contract, Page 6 of 11

B. Vacation Accrual Rate. Employee shall accrue “Vacation Leave” at the rate of approximately 6.15 hours per pay period. Such accruals shall not be subject to an accrual cap.

C. Administrative Leave. Employee shall accrue, and have credited to his personal account, ninety-six (96) hours of "Administrative Leave" each fiscal year at the rate of approximately 3.7040 hours per pay period, not subject to an accrual cap.

D. Floating Holiday. Employee shall accrue "Floating Holiday" as all other employees, not subject to an accrual cap.

E. Severance/Benefits. If Employee is terminated or resigns pursuant to Section 4 of this Agreement, Employee shall be paid accrued floating holidays, Vacation, Sick, and Administrative Leave in one lump sum payment. Payment of the Severance Sum, if any, will be paid out pursuant to Section 4, Paragraph A.

F. Standard Employee Leave Benefits. Employee shall also receive any other leave benefits not set forth herein that regular full-time City employees receive. Any changes in leave benefits that are made available to the other regular full-time City employees during a fiscal year shall also be made available to Employee.

SECTION 11. Disability, Health and Life Insurance.

A. Disability Insurance. Employer agrees to provide a long-term disability policy for Employee as currently provided to other full-time employees. If Employee is deemed by his physician to be permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity, or health for a period of four (4) months beyond any accrued Sick Leave, Employer shall have the option to terminate this Agreement, subject to the severance pay requirements of Section 4. Employee shall be compensated for any accrued floating holiday, Vacation, Sick, or Administrative Leave, or other accrued benefits due to him.

B. Medical Dental and Vision Insurance. Employer agrees to put into force and to make all required premium payments for the cost of medical, dental, and vision insurance policies covering Employee, Employee's spouse, and Employee's eligible dependents. The medical, dental and vision insurance policies and options available to Employee shall be commensurate with the policies available to other full-time City employees.

C. Life Insurance. Employer agrees to make all required premium payments on a 20 year Term Life insurance policy in the face amount of Five Hundred Thousand Dollars ($500,000.00) during the term of his employment, with the beneficiary to be named by the Employee. Such insurance will be procured through the City's usual insurance broker.

Interim City Manager
Contract, Page 7 of 11

D. Standard Employee Insurance. Employee shall also receive any other insurance benefits not set forth herein that regular full-time employees receive. Any changes in insurance benefits that are made available to the other regular full-time employees during a fiscal year shall also be made available to Employee.

E. Health Reimbursement Account. Employer agrees to establish a Health Reimbursement Account for the Employee upon execution of the agreement, and annually on January 1 thereafter, contribute up to One Thousand Five Hundred Dollars ($1,500.00) to reimburse Employee for health-related expenses. The account balance shall not exceed $1,500.00 in any given calendar year. Any remaining balance will be forfeited on December 31 of each year, and at the termination of this Agreement.

SECTION 12. Retirement System.

A. PERS 2% at 62. The Employee shall be enrolled in the California Public Employees' Retirement System (CalPERS) at the two percent (2%) @ age 62 formula. The Employee shall pay the full employee portion as determined by CalPERS for the applicable plan.

B. 457 Plan. Employer shall annually contribute the maximum amount allowable to the City-sponsored 457 Plan on Employee's behalf. This subsection shall be governed by the terms and conditions of such plan as they now exist, or as they may be changed in the future. Employer shall contribute a one-time refund amount of $4,000.00 for Employee contributions to City-sponsored 457 Plan upon execution of this agreement for calendar year 2025.

C. Compliance with Mission Square. Employer and Employee shall both abide by the rules of Mission Square (formerly ICMA/RC) relating to the deferred compensation programs (IRC 457), as such rules now exist or may hereafter be modified.

D. 401 (a) Plan. Employee shall be able to participate in City's (Employer) 401(a) retirement plan wherein City shall contribute annually, the maximum amount allowed by law, for the Employee contribution and for the Employers matching contribution. Employer shall advise Employee of the total amount contributed.

All contributions shall be consistent with the rules and regulations of the Plan, as set forth, time to time, by the United States Department of the Treasury, Internal Revenue Service Division.

E. Standard Employee Retirement Benefits. Employee shall also receive any other retirement benefits not set forth herein that regular full-time employees receive. Any changes in retirement benefits that are made available to the other regular full-time employees during a fiscal year shall also be made available to Employee.

Interim City Manager
Contract, Page 8 of 11

SECTION 13. Dues and Subscriptions.

Employer agrees to budget for and to pay the professional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional development, growth and advancement, and for the good of the Employer.

SECTION 14. Professional Development.

A. Standard Travel Expenses. Employer agrees to budget for and to pay the travel and subsistence expenses of Employee for professional and official travel, meetings, and conferences adequate to continue the professional development of Employee and adequately pursue necessary official and other functions for Employer.

B. Education Seminars. Employer agrees to budget for and to pay the travel and subsistence expenses of Employee for continuing education, short courses, institutes and seminars necessary for his professional development and for the good of the Employer.

SECTION 15. General Expenses.

Employer recognizes that Employee will incur certain expenses of a non-personal and job-affiliated nature. Employer agrees to reimburse Employee for, or to pay such expenses. Accordingly, Employer will authorize the Director of Operations, or designee, to disburse funds for such expenses upon receipt of duly executed expense or petty cash vouchers, receipts, statements, or personal affidavits.

SECTION 16. Election Protection.

Employer will not terminate Employee during any one hundred eighty (180) calendar day period after a City Council election commencing on the date that new Council members are officially sworn in, without the payment of an additional severance allowance. This additional period will offer new City Council members an opportunity to work with and observe the Employee prior to taking any action against Employee. If the City Council does terminate the Employee within one hundred eighty (180) days after a City Council election, the Employee shall be entitled to a severance payment in the sum of an amount equivalent to one hundred eighty (180) calendar days of Employee's Base Salary at that time, in addition to the severance pay provided under Section 4 of this Agreement, subject to the limitations of Section 53260 of the Government Code.

SECTION 17. Indemnification.

A. City Indemnifies. Employer shall defend, hold harmless, and indemnify Employee against any tort, liability claim, or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in or arising out of the performance of Employee's duties as Interim City Manager / City Manager.

Employer will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon, with the exception of punitive

Interim City Manager
Contract, Page 9 of 11

damages, which shall be paid only upon a specific agreement to do so by a majority of the whole City Council and solely in its discretion.

B. Exception to Indemnity. Notwithstanding the foregoing indemnification and defense language in Section 17, Paragraph A, if any such funds are paid by Employer for the legal criminal defense of Employee and Employee is subsequently convicted of (or pleads guilty or enters into a plea of "no-contest") any illegal act or other act involving moral turpitude, abuse of office or position or personal gain to him, any funds paid by Employer for such defense shall be immediately reimbursed to Employer.

SECTION 18. Bonding.

Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance.

SECTION 19. Other Terms and Conditions of Employment.

A. Termination at City’s Option. If Employer terminates this Agreement under any Section herein, Employer retains the right to offer Employee a position within the City, including reverting to the Assistant City Manager position, commensurate with Employee's then-existing pay range and experience, in lieu of the Employee's right to payment of any and all severance set forth in Section 4 of this Agreement. If Employee accepts Employer's offer to continue in such position, and Employee serves in that position for a period of no less than twelve (12) consecutive calendar months, Employee waives the right to severance as provided in Section 4. During the course of the twelve (12) months of Employee's service in said position, the City Council retains sole authority to terminate Employee. If, for any reason, Employee does not accept the position offered, Employee shall remain entitled to all severance under the conditions set forth in Section 4 of this Agreement.

B. Council May Set Conditions. Employer, in consultation with the Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent or in conflict with the provisions of this Agreement, state codes, or any other laws.

C. COLAs. Cost of Living Adjustments (COLAs), fringe benefits, and working conditions applicable generally to employees of the Employer, as such adjustments, benefits, or rules now exist or hereinafter may be amended, shall also apply to the Employee, except where such adjustments, benefits, or working conditions are inconsistent with the terms contained herein.

D. Tuition Reimbursement. Employer shall also provide Employee with a tuition reimbursement of up to Ten Thousand Dollars ($10,000.00) per calendar year under this Agreement towards employee's masters or doctoral degree, which may include paying down existing student loans. In addition, Employer shall provide funds for Employee to attend one Harvard University professional development course each year of this Agreement.

Interim City Manager
Contract, Page 10 of 11

E. Mutual Support. Each Party agrees that they owe the other respect, support, and cooperation in their respective service to the City of Palmdale, the residents, taxpayers of the City, and the business community of the City. At all times, each Party shall support the other, and consistent with the law, publicly support the other.

Further, in the event the City terminates Mendez for any reason, or no reason, or if Mendez resigns, each Party agrees that no member of the City Council, the City Management staff, nor Mendez, shall make any written, oral or electronic statement to any member of the public, the press or any City employee concerning Mendez’s separation except in the form of a mutually agreed to joint press statement. Each party may verbally repeat the substance of the joint press release or statement in response to any inquiry.

SECTION 20. Notices.

Notices pursuant to this Agreement shall be in writing and delivered personally, or deposited in the custody of the United States Postal Service, postage pre-paid, addressed as follows:

Employer: Employee:

Mayor and City Council Members Salvador Mendez
City of Palmdale 38300 Sierra Highway
38300 Sierra Highway Suite "A"
Suite A
Palmdale, California 93550
Palmdale, California
93550

With copies to:

City Attorney Department
City of Palmdale
38300 Sierra Highway
Palmdale, California 93550

Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service.

Notices shall also be mailed or personally delivered to the Employee's home address then on file with the City's Personnel Office.

SECTION 20. General Provisions.

A. Full Agreement. The text herein shall constitute the entire Agreement between the Parties. The terms of this Agreement may be changed or amended only by written Agreement between the Parties.

B. Binding on Successors. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors or administrators of Employee.

Interim City Manager
Contract, Page 11 of 11

C. Severability. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.

IN WITNESS WHEREOF, the Employer has caused this Agreement to be executed in duplicate on its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has executed this Agreement, all as of the day of year first above written.

EMPLOYER:
________________________
Laura Bettencourt, Mayor Pro Tem

EMPLOYEE:
________________________
Salvador Mendez

ATTEST:

________________________
City Clerk

APPROVED AS TO FORM:

________________________
Alexandra Severino, City Attorney

CITY OF PALMDALE

OFFICE OF THE CITY COUNCIL

M E M O R A N D U M

TO: City Clerk

FROM: Laura Bettencourt, Mayor Pro Tem

SUBJECT: Monthly Informational Report – Events and Meetings

DATE: October 7, 2025

During the period Sept. 1 through Sept. 30, 2025, I attended the following meetings and events:

Sept. 2 City Council Meeting
Sept. 16 AVAQMD Board of Directors Meeting
Sept. 18 Townhall for District 3
Sept. 22 Lunch with Housing Commissioner Fraga-Sanz
Sept. 23 AVTA Board of Directors Meeting
Sept. 24 City Hall Tour for Sister Cities Delegation
Sept. 24 Reception Dinner for Palmdale-Poncitlán Sister Cities 51st Anniversary Sept. 25 Erick A. Garcia “You Are Enough” Foundation/AV Suicide Prevention Center Grand Opening
Sept. 25 SAVES Open House
Sept. 29 Lunch meeting with SALVA
Sept. 30 Meeting with EAFB Civ-Mil Support Group

CITY OF PALMDALE

OFFICE OF THE CITY COUNCIL

M E M O R A N D U M

TO: City Clerk

FROM: Austin Bishop, Councilmember

SUBJECT: Monthly Informational Report – Events and Meetings

DATE: October 7, 2025

During the period Sept. 1 through Sept. 30, 2025, I attended the following meetings and events:

Sept. 2 City Council Meeting
Sept. 8 AV Sheriff Boosters Duke Bloom Memorial Golf Tournament Sept. 13 9/11 National Day of Service Desert Clean Up
Sept. 15 Assistance League Antelope Valley Shaffer Rockey Kids Golf Tournament Sept. 16 AVAQMD Board of Directors Meeting
Sept. 20 Foodie Fest at Palmdale Amphitheater
Sept. 20 City of Palmdale Recognition at AV Alta soccer game Sept. 24 Reception Dinner for Palmdale-Poncitlán Sister Cities 51st Anniversary

CITY OF PALMDALE

OFFICE OF THE CITY COUNCIL

M E M O R A N D U M

TO: City Clerk

FROM: Richard Loa, Councilmember

SUBJECT: Monthly Informational Report – Events and Meetings

DATE: October 7, 2025

During the period Sept. 1 through Sept. 30, 2025, I attended the following meetings and events:

Sept. 2 City Council Meeting
Sept. 5 Executive Committee for Regional Homeless Alignment in DTLA Sept. 11 AV 9/11 Remembrance Ceremony
Sept. 16 Deputy Ryan Clinkunbroomer’s EOW 2nd Anniversary Event Sept. 24 Reception Dinner for Palmdale-Poncitlán Sister Cities 51st Anniversary Sept. 24-28 83rd Annual Antelope Valley Fair

CITY OF PALMDALE

OFFICE OF THE CITY COUNCIL

M E M O R A N D U M

TO: City Clerk

FROM: Eric Ohlsen, Councilmember

SUBJECT: Monthly Informational Report – Events and Meetings

DATE: October 7, 2025

During the period Sept. 1 through Sept. 30, 2025, I attended the following meetings and events:

Sept. 2 City Council Meeting
Sept. 5 SALVA Labor and Justice Rapid Response Assembly Sept. 8 AV Sheriff Boosters Duke Bloom Memorial Golf Tournament Sept. 9 Neighborhood Watch District 4, Dominic Massari Park Sept. 11-12 2025 Mobility 21 Transportation Summit, Anaheim Sept. 15 Assistance League Antelope Valley Shaffer Rockey Kids Golf Tournament Sept. 16 Deputy Ryan Clinkunbroomer’s EOW 2nd Anniversary Event Sept. 20 City of Palmdale Recognition at AV Alta Soccer Game Sept. 23 AVTA Board of Directors Meeting
Sept. 25 Erick A. Garcia “You Are Enough” Foundation/AV Suicide Prevention Center Grand Opening
Sept. 25 SAVES Open House
Sept. 26 Metrolink Board of Directors Meeting at Union Station