Agenda packet — Palmdale City Council, October 6, 2026 (part 7 of 7)

SECTION 9. FILES AND RECORDS.

A. All legal files of the Firm pertaining to the City shall be and remain the sole property of the City. The Firm will control the physical location of such files during the term of this Agreement. The Firm may, in its discretion, maintain all or part of the City’s client file in electronic format. The Firm may store part or all of the City’s electronic documents using secure cloud storage services. If so, the Firm will use all reasonable methods to maintain the confidentiality of City files, as well as the City’s non-digital files. The City’s data will be password-protected and encrypted using currently available technology. To protect other clients’ confidences, the City will not have direct access to these electronic records, but the Firm is obliged to provide them to the City promptly upon request.

B. The Firm shall maintain full and accurate records with respect to all matters covered under this Agreement in accordance with the City’s retention schedule, litigation holds, audit requirements, and written City authorization before destruction. If the City asks the Firm to deliver its files to the City, delivery of an electronic version, together with any materials that cannot be saved electronically, satisfies the Firm’s obligation to release all client papers and property to the City. Two years after termination of the attorney-client relationship, and after reasonable notice, the Firm will be free to destroy the City’s client file, including all electronic records. The Firm may also discharge its obligation to maintain the City’s file prior to the expiration of two years by mailing a copy to the City. “Reasonable notice” means the Firm’s mailing notice to the City of its intent to destroy the City’s client files.

C. City shall have the right to access and examine records of the Firm pertaining to the City, without charge, during normal business hours upon written request, provided, however, that Firm may protect the confidences of its other clients and otherwise comply with applicable law. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all data, documents, proceedings, and activities upon written request. The Firm does not permit direct access to its files by clients, but will provide the City access to the Firm’s records pertaining to the City as provided herein and upon written request. This same procedure will apply to information stored in the cloud.

D. The City acknowledges that the Firm may use artificial intelligence tools in this representation. If artificial intelligence is used, the Firm will ensure that the City’s confidential information is maintained in confidence and that any

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writing or analysis produced by generative artificial intelligence is edited or confirmed by an attorney before use.

SECTION 10. MODIFICATIONS TO THE AGREEMENT.

This Agreement may be amended from time to time by written agreement of the parties. Unless otherwise provided in this Agreement, modifications relating to the nature, extent, or duration of the Firm’s professional services to be rendered hereunder shall require the prior written approval of the City Council. Any such written approval shall be an amendment to this Agreement and shall specify any changes in the Scope of Services and the agreed-upon billing rates to be charged by the Firm and paid by the City.

SECTION 11. INDEPENDENT CONTRACTOR.

No employment relationship is created by this Agreement. The Firm and its members shall, for all purposes, be independent contractors to the City. The Firm and its members shall not be entitled to participate in any pension plan (including, without limitation, the Public Employees Retirement System), insurance, bonus, or other similar benefits provided to City employees.

SECTION 12. NONDISCRIMINATION.

In the performance of this Agreement, the Firm shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, national origin, medical condition, or any other unlawful basis as provided under applicable California and federal law.

SECTION 13. ASSIGNMENT AND DELEGATION.

This Agreement contemplates the retention of the personal professional services of the Firm. Neither this Agreement nor any portion thereof shall be assigned or delegated without the prior written consent of the City Council or its designee.

Delegation to attorneys outside the Firm shall be limited to those situations in which the Firm is disqualified by virtue of a conflict of interest, or where the Firm does not possess the expertise to competently perform services in a particular practice area.

Delegation to attorneys outside the Firm shall not be made without the prior written approval of the City Council, unless urgent need to protect the City’s legal interest requires otherwise, in which case the Firm shall provide immediate written notice, limit work to preserving the City’s legal interest, and shall seek the City Council’s approval

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as soon as practical. The Firm shall supervise delegated work, except where precluded from doing so by a conflict of interest, and where the parties otherwise agree.

SECTION 14. INSURANCE REQUIREMENTS.

A. The Firm shall maintain in full force and effect a professional liability insurance policy which provides coverage in an amount not less than $2,000,000 per occurrence and $4,000,000 aggregate. That policy covers the City for any damages or losses it suffers as a result of any error or omission or neglect by the Firm which arises out of the professional services required by this Agreement.

B. The Firm shall maintain workers’ compensation insurance in accordance with Section 3700 of the California Labor Code.

C. The Firm shall maintain Commercial automobile liability insurance in a policy that provides coverage in the amount not less than $1,000,000 combined single limit, including non-owned and hired automobile coverage, and the City shall be named as an additional insured on the automobile policy.

D. The Firm shall, upon request, provide certificates of insurance to the City and shall notify the City in the event the limits of its insurance should fall below the coverages stated in paragraph A or if the insurance policies noted here are allowed to lapse and substitute insurance is not obtained.

E. Should the Firm be unable to maintain the coverage levels at commercially reasonable cost, the Firm shall promptly notify the City of that fact, and the parties shall meet and confer on an amendment to this Section 14 to achieve its goal to provide insurance coverage for the City’s protection at commercially reasonable cost to the Firm.

SECTION 15. INDEMNIFICATION.

The Firm shall indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any intentional, reckless, or negligent acts, errors or omissions of the Firm in the performance of this Agreement.

SECTION 16. CONFLICTS OF INTEREST.

A. Except as disclosed below, the Firm covenants that neither it nor any officer or principal of its firm has or shall acquire any interest, directly or indirectly,

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which would conflict in any manner with the interests of the City or which would in any way hinder the Firm’s performance of services under this Agreement. The Firm further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City Council. The Firm agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of the City in the performance of this Agreement. The Firm shall represent the interests of the City in any discussion or negotiation in the performance of this Agreement.

B. The Firm and its members shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code section 1090 and the Political Reform Act (Government Code section 81000 et seq.).

C. The designated City Attorney represents that he currently represents a non- profit corporation that manages the Palmdale Tourism Improvement District (“Visit Palmdale”). The firm shall appoint Julia Homaechevarria to serve as Visit Palmdale’s General Counsel and has provided documentation for City Council approval of such joint representation as set forth in Exhibit “E”.

SECTION 17. PERMITS, BUSINESS LICENSE AND APPROPRIATE LICENSES.

The Firm and its members shall obtain, at the Firm’s sole cost and expense, all permits, business license, and any applicable licenses necessary in the performance of this Agreement.

SECTION 18. FEDERAL PROVISIONS.

Federal financial assistance may be used to fund all or a portion of this Agreement. The Firm shall comply with all federal requirements including, but not limited to, the following:

A. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference.

B. Federal Contract Provisions attached hereto as Exhibit “C” and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in the contract, including but not limited to, 2 C.F.R. Part 200 and the Federal Contract Provisions.

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With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law, and except as otherwise required under federal law or regulation, the more stringent requirement shall control.

SECTION 19. SEVERABILITY.

If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

SECTION 20. ENTIRE AGREEMENT.

This Agreement, together with Exhibits “A”, “B”, “C”, “D” and “E” hereto, shall constitute the full and complete agreement and understanding of the parties and shall be deemed to supersede all other written or oral statements of any party hereto relating to the subject matter hereof.

SIGNATURES
“CITY ”
City of Palmdale

AUTHORIZED SIGNATORY :

BY:

NAME: ERIC OHLSEN
TITLE: MAYOR
DATE:

“FIRM ”
Colantuono, Highsmith & Whatley, PC

BY:

NAME: ALEKS GIRAGOSIAN
TITLE: SHAREHOLDER
DATE:

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ATTEST:

BY:

NAME: ROCHELLE SCOTT
TITLE: CITY CLERK

BY:

NAME: PAMELA GRAHAM
TITLE: SHAREHOLDER
APPROVED AS TO FORM:

BY:

NAME: LINDA DAUBE , ESQ.

TITLE: SPECIAL COUNSEL

EXHIBIT A

SCOPE OF SERVICES
City Attorney Legal Services. City Attorney legal services shall include:

General Services
 Oversee and manage the legal affairs of the City and make professionally reasonable efforts to ensure that the policies, programs, and activities of the City and its employees and agents are carried out in compliance with all applicable laws and that the legal interests of the City are otherwise protected to the fullest extent possible.
 Provide legal advice and opinions as requested by the City Council or designated staff.
 Interpret laws, legislation, rulings, and regulations for the City.  Advise the City Council and staff on issues related to public agency law.  Represent and advise the City Council and designated staff in all matters of law pertaining to their offices.
 Represent the City in administrative and legal proceedings, providing litigation services as needed.
 Represent and work with the City Council or designated staff on negotiations and preparing related agreements.
 Monitor current, new, and pending state and federal legislation, and case law as applicable to the City, and timely inform and provide direction to the City Council and designated staff regarding compliance issues and/or impacts to the City.
 Provide prompt responses, have availability for remote consultation and in- person meetings, and render written opinions on given issues related to City business in a timely manner.

City Council Services
 Attend all regular and special City Council meetings when called except as otherwise directed by the City Council or its designee.  Advise the City Council and staff on relevant laws and regulations including, but not limited to: the Ralph M. Brown Act, California Public Records Act; AB 1234 compliance requirements; parliamentary procedures; and public official

conflict of interest requirements under the Political Reform Act and Government Code Section 1090 et seq.; including, providing or arranging education and in-service seminars as mutually agreed to maintain and increase the knowledge of the City Council and staff, to the fullest extent possible on these topics.
 Enforce all Charter provisions, ordinances and regulations through administrative and judicial actions as required by law or as requested by the City Council.

Staff Services
 Review City Council agendas and reports as requested.  Aid in responding to public records requests.
 Prepare or review all Charter amendments, ordinances, resolutions, agreements, contracts, deeds, declarations of restrictive covenants, leases, licenses, policies, rules and regulations, terms and conditions, and all other legal documents as requested by the City Council, City Manager or designated staff.
 Draft memoranda, with proposed language, to address issues raised during negotiations of labor, real estate and other agreements.  Advise on individual labor and employment matters (to include personnel and benefit issues) or work with special counsel as needed.  Provide legal support while working with other individuals, local governmental agencies, nonprofit organizations, or private entities that the City interacts with as part of providing grants and programs consistently with the rule that the City alone is the Firm’s client absent written agreement of the parties otherwise.

Additional Services
 Trainings for City Council and staff, as requested.
 Office hours once a week.
 Drafting/analysis of legislation/regulations, as requested.  Attend all Planning Commission meetings, as scheduled.

EXHIBIT B

APPLICABLE BILLING RATES
A. General Counsel Services. General counsel services are offered at the Firm’s standard rates up to a maximum rate of $325 per hour.

B. Litigation Services. Litigation services are offered at the Firm’s standard rates up to a maximum rate of $400 per hour.

C. Reimbursable Services. Advisory, transactional, and litigation services that are reimbursable by a third-party are offered at the Firm’s standard rates up to a maximum rate of $500 per hour.

D. Costs and Expenses. The firm will bill the City for actual, out-of-pocket expenses as noted below to be billed at cost, without markup, except for in-house copies and the rare outgoing fax:
 Filing fees At vendor cost
 In-office photocopying $0.10 per page
 In-office outgoing fax $1.00 per page
 Authorized travel Up to a maximum of $325 per hour*
(e.g., Litigation/Special Projects)
 Mileage IRS prevailing mileage rates
*Travel. No charge for travel to and from the City. The $325 figure is subject to adjustment for inflation pursuant to paragraph E. below.

E. Adjustments. Commencing upon the anniversary of the Effective Date, and annually thereafter, the above rates may be increased by the change in the Consumer Price Index for all urban consumers in the Los Angeles region, not to exceed 3.5 percent (3.5%) per year, with the increase rounded to the nearest $5.00. 2026 Compensation Rates
Advisory / Transactional
6th Year and Senior $325
5th Year Associates $320
4th Year Associates $310
3rd Year & Senior $300
2nd Year Associates $290
1st Year Associates $275
Law Clerks $245 Paralegals $220
Legal Assistants $200
Litigation
9th Year & Senior $400
8th Year $390
7th Year & Senior $375
6th Year Associates $355
5th Year Associates $320
4th Year Associates $310
3rd Year Associates $300
2nd Year Associates $290
1st Year Associates $275
Law Clerks $245 Paralegals $220
Legal Assistants $200

EXHIBIT C

FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Colantuono, Highsmith & Whatley, PC, (“Consultant”) shall comply with all applicable federal laws and regulations including but not limited to the federal contract provisions in this Exhibit C. In this Exhibit C, the term “Agency” shall mean the local agency entering into this contract with Consultant.

1. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S
BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)
(A) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
(B) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
(iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
(v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.
(C) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the Agency.

(D) Notwithstanding the foregoing, the affirmative steps requirements detailed above do not apply in the case of a noncompetitive procurement made under the emergency exception/exigency exception to competitive procurements.

2. COST PRINCIPLES (2 C.F.R. PART 200, SUBPART E)
(A) If any indirect costs will be charged to the Agency under this contract, such costs must conform to the cost principles set forth under the Uniform Rules at 2 C.F.R. Part 200, subpart E (“Cost Principles”). In general, costs must (i) be necessary and reasonable; (ii) allocable to the grant award; (iii) conform to any limitations or exclusions set forth in the Cost Principles; (iv) be adequately documented; and (v) be determined in accordance with generally accepted accounting principles (“GAAP”), except, for state and local governments and Indian tribes only, as otherwise provided for in 2 C.F.R. Part 200, subpart E. 2 C.F.R. § 200.403. Costs that are determined unallowable pursuant to a federal audit are subject to repayment by Consultant.

3. ACCESS TO RECORDS & RECORD RETENTION (2 C.F.R. 200.334—200.338) (A) Consultant shall comply with 2 C.F.R. § 200.337 and provide the Federal Agency, Inspectors General, the Comptroller General of the United States, Agency, and the State of California or any of their authorized representatives access, during normal business hours, to documents, papers, books and records which are directly pertinent to this contract for the purposes of making and responding to audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Consultant's personnel for the purpose of interview and discussion related to the books and records.
(B) Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
(C) Consultant agrees to provide the Federal Agency or its authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

4. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH
APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON- FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) (A) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. If the contract is in excess of $10,000 and the contract does not include provisions for both termination for cause and termination for convenience by the Agency, including the manner by which it will be effected and the basis for settlement, then the following termination clauses shall apply. If the contract is for more than the simplified acquisition threshold (see 2 C.F.R. § 200.1) at the time the contract is executed and does not provide for administrative, contractual, or legal remedies in instances where Consultant violates or breaches the terms of the contract, then the following termination clauses shall apply and have precedence over the contract. Otherwise, the following termination clauses shall not be applicable to the contract. (i) Termination for Convenience. The Agency may, by written notice to Consultant, terminate this contract for convenience, in whole or in part, at any time by giving written notice to Consultant of such termination, and specifying the effective date thereof (“Notice of Termination for Convenience”). If the termination is for the convenience of the Agency, the Agency shall compensate
Consultant for work or materials fully and adequately provided through the effective date of termination. No amount shall be paid for unperformed work or materials not provided, including anticipated profit. Consultant shall provide documentation deemed adequate by the Agency to show the work actually completed or materials provided by Consultant prior to the effective date of termination. This contract shall terminate on the effective date of the Notice of Termination.
(ii) Termination for Cause. If Consultant fails to perform pursuant to the terms of this contract, the Agency shall provide written notice to Consultant specifying the default (“Notice of Default”). If Consultant does not cure such default within ten (10) calendar days of receipt of Notice of Default, the Agency may terminate this contract for cause. If Consultant fails to cure a default as set forth above, the Agency may, by written notice to Consultant, terminate this contract for cause, in whole or in part, and specifying the

effective date thereof (“Notice of Termination for Cause”). If the termination is for cause, Consultant shall be compensated for that portion of the work or materials provided which has been fully and adequately completed and accepted by the Agency as of the date the Agency provides the Notice of Termination. In such case, the Agency shall have the right to take whatever steps it deems necessary to complete the project and correct Consultant's deficiencies and charge the cost thereof to Consultant, who shall be liable for the full cost of the Agency's corrective action, including reasonable overhead, profit and attorneys' fees.
(iii) Reimbursement; Damages. The Agency shall be entitled to reimbursement for any compensation paid in excess of work rendered or materials provided and shall be entitled to withhold compensation for defective work or other damages caused by Consultant’s performance of the work.
(iv) Additional Termination Provisions. Upon receipt of a Notice of Termination, either for cause or for convenience, Consultant shall promptly discontinue the work unless the Notice directs to the contrary. Consultant shall deliver to the Agency and transfer title (if necessary) to all provided materials and completed work, and work in progress including drafts, documents, plans, forms, maps, products, graphics, computer programs and reports. The rights and remedies of the parties provided in this Section are in addition to any other rights and remedies provided by law or under this contract. Consultant acknowledges the Agency’s right to terminate this contract with or without cause as provided in this Section, and hereby waives any and all claims for damages that might arise from the Agency’s termination of this contract. The Agency shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed work or materials not provided and shall not be entitled to damages or compensation for termination of work or supply of materials. If Agency terminates this contract for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience. In such event, Consultant shall be entitled to receive only the amounts payable under this Section, and Consultant specifically waives any claim for any other

amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The rights and remedies of the Agency provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this contract including, but not limited to, the right to specific performance.
(B) Appendix II to Part 200 (C) – Employment Non-discrimination:

Consultant shall comply with applicable Federal and California employment nondiscrimination laws, including the California Fair Employment and Housing Act. Consultant shall not engage in unlawful discrimination, harassment, or retaliation and shall comply with applicable reasonable accommodation requirements. Any additional Federal equal employment opportunity clause shall apply only to the extend required by the controlling Federal award and applicable law. (C) Appendix II to Part 200 (D) – Davis-Bacon Act; Copeland Act: Not applicable to this contract.
(D) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) If this contract is in excess of $100,000 and involves the employment of mechanics or laborers, Consultant shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

(ii) No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(iii) In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.
(iv) The Agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by Consultant or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
(v) Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible

for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.
(E) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:
(i) If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the Agency.
(ii) The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.
(iii) This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs
Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.”
(F) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this contract is in excess of $150,000, Consultant shall comply with all applicable standards, orders, or requirements issued

pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). (i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(G) Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (i) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

(ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by Agency. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Agency, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
(iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the Agency in writing immediately if Consultant or its subcontractors are not in compliance during the term of this contract.
(H) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this contract is in excess of $100,000, Consultant shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). If at any time during the contract term funding exceeds $100,000.00, Consultant shall file with the Agency the Federal Standard Form LLL titled “Disclosure of Lobbying Activities.” Consultants that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
(I) Appendix II to Part 200 (J) – Procurement of Recovered Materials:

(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.
(ii) In the performance of this contract, Consultant shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired:

Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or at a reasonable price.
(iii) Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive
Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive- procurement-
guideline-cpg-program.

5. MISCELLANEOUS PROVISIONS
(A) Consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval.
(B) This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. Consultant will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.
(C) Consultant acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to Consultant’s actions pertaining to this contract.

(D) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the Agency, Consultant, any subcontractors or any other party pertaining to any matter resulting from the contract. (E) General and Administrative Expenses And Profit For Time And Materials Contracts/Amendments.
(i) General and administrative expenses shall be negotiated and must conform to the Cost Principles.
(ii) Profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by Consultant, Consultant's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. (iii) Any agreement, amendment or change order for work performed on a time and materials basis shall include a ceiling price that Consultant exceeds at its own risk.

453393.3
Response to Requested Information
for Submittal to the City of Palmdale
August 21, 2026
SUBM
ITTED BY:

Aleks Giragosian, Esq.

Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd, Suite 850
Pasadena CA 91101
Telephone: (213) 542-5700
E-mail: [email protected]

EXHIBIT D

City of Palmdale Response to Requested Information for Submittal 453393.3 2

1. Designated City Attorney
Name: Aleks Giragosian
Title: Shareholder
CA State Bar No.: 306107
Experience: Aleks has 11 years of experi ence working with California cities and special districts.

No Conflicts: Aleks is available to attend all City Council meetings on the first and third Tuesday of each month, Planning
Commission meetings on the second Thursday of each
month, and other meetings as requested. Aleks’ current
client meeting schedule does not conflict with Palmdale’s City Council and Planning Commission meeting schedule.

Aleks will also be the primary point of contact for the City Council, City Manager, and department heads.

City of Palmdale Response to Requested Information for Submittal 453393.3 3
Aleks Giragosian
790 E. Colorado Blvd., Suite 850, Pasadena, CA | 213-542-5734 | [email protected]

PROFESSIONAL EXPERIENCE
Colantuono, Highsmith & Whatley, PC | Pasadena, CA Nov. 2016-Present Shareholder
Ɣ City Attorney for the City of Sierra Madre
Ɣ General Counsel to the following special districts:
o Fallbrook Regional Health District
o Grossmont Healthcare District
o Montecito Sanitary District
Ɣ General Counsel to the following business improvement districts:
o Burbank Hospitality Association
o Downtown Burbank Partnership, Inc.
o Mammoth Lakes Tourism
o Visit Palmdale
Ɣ Deputy General Counsel to the:
o San Diego County Local Agency Formation Commission
o San Luis Obispo County Local Agency Formation Commission Casso & Sparks, LLP | Industry, CA May 2016-Nov. 2016
Associate
Office of the City Attorney of Glendale | Glendale, CA Oct. 2015-May 2015 Professional Opportunity Program Fellow

EDUCATION
UCLA School of Law | Los Angeles, CA May 2015
Juris Doctor
Luskin School of Public Affairs | Los Angeles, CA May 2015 Master of Public Policy
University of California, Irvine | Irvine, CA June 2010 Bachelor of Arts in International Studies and Political Science Minors in Conflict Resolution and Management;

BAR ADMISSION
Member # 306107, State Bar of California 2015

City of Palmdale Response to Requested Information for Submittal 453393.3 4

2. Firm Overview and Team

City of Palmdale Response to Requested Information for Submittal 453393.3 5

Colantuono, Highsmith & Whatley, PC is a municipal law firm with offices in Grass Valley, Irvine, Pasadena, Petaluma, Sacramento, and San Diego. We represent public agencies throughout California as general counsel and special counsel. We serve as the appointed city attorney to 16 cities and general counsel to dozens of special districts and local agency formation commissions.

The firm was recognized as one of California’s Top Ranked Law Firms by Martindale Hubbell in 2014. Our firm includes California’s leading experts on local government revenues, including Propositions 13, 62, 218 and 26, and our attorneys have argued more than a dozen government revenue cases in the California Supreme Court since 2004. The firm is ranked #1 by Chambers USA Spotlight Guide, 2026, for municipal law by leveraging “its deep expertise in the region to assist local governments on a range of issues.”

City of Palmdale Response to Requested Information for Submittal 453393.3 6
The Proposed Palmdale Team

* If Aleks is unavailable, Pamela Graham will provide coverage for all litigation matters and Taylor Anderson will provide coverage for all advisory matters.

Aleks Giragosian
Shareholder
City Attorney
Pasadena
Taylor Anderson
Senior Counsel
Deputy City Attorney
Camarillo
Diego Lucich
Associate
Deputy City Attorney
Pasadena
Pamela Graham
Shareholder
Chief Litigation Counsel
Stevenson Ranch
Lili Wyckoff
Senior Counsel
Deputy Litigation Counsel
West Hills

City of Palmdale Response to Requested Information for Submittal 453393.3 7

3. Relevant Experience and References

City of Palmdale Response to Requested Information for Submittal 453393.3 8

Colantuono, Highsmith & Whatley serves as City/Town Attorney to the following:

City/Town City/Town Attorney Approx. Monthly
Hours
American Canyon Matthew Summers 160
Auburn Gary Bell 113
Barstow Andrew Jared 519
Colfax Conor Harkins 43
Etna Andrew Jared 13
Encinitas Ajit Thind 170
Grass Valley David Ruderman 84
La Palma Ajit Thind 73
Lakeport Mackenzie Anderson 51
Martinez Matthew Summers 179
Montague Andrew Jared 16
Novato Gary Bell 300
Sierra Madre Aleks Giragosian 128
Weed Andrew Jared 50
Yountville Gary Bell 121
Yreka Julia Homaechevarria 57

*We also serve as General Counsel to a number of special districts, local agency formation commissions, and business improvement districts. Please let us know if you would like a list of those agencies, as well.

City of Palmdale Response to Requested Information for Submittal 453393.3 9
List of Professional References
City References Special District References
Kristine Lowe
Phone: 626-232-1808
Email: [email protected]
Title: Mayor
City of Sierra Madre

James Sly
Phone: 619-729-1413
Email: [email protected]
Title: Chief Executive Officer
Grossmont Healthcare District

Michael Bruckner
Phone: 626-355-7135
Email: [email protected]
Title: Current City Manager
City of Sierra Madre
John Weigold
Phone: 203-912-5652
Email: [email protected]
Title: General Manager
Montecito Sanitary District

Jose Reynoso
Phone: 626-969-7397
Email: [email protected]
Title: Former City Manager
City of Sierra Madre
Rachel Mason
Phone: 909-838-8071
Email: [email protected]
Title: Chief Executive Officer
Fallbrook Regional Health
District

City of Palmdale Response to Requested Information for Submittal 453393.3 10

4. Conflicts of Interest
Aleks serves as General Counsel to Visit Palmdale, the non-profit organization that manages the Palmdale Tourism Improvement District. If appointed to serve as Palmdale City Attorney, the Firm would appoint another attorney to serve as Visit Palmdale’s general counsel, conditioned on Palmdale’s approval of joint representation.

City of Palmdale Response to Requested Information for Submittal 453393.3 11

5. Fee Proposal

City of Palmdale Response to Requested Information for Submittal 453393.3 12
Hourly Rate Structure
x Advisory and Transactional: Advisory and transactional services are offered at a maximum rate of $325 per hour.
x Litigation Services. Litigation services are offered at a maximum rate of $400 per hour.
x Reimbursable Services. Advisory, transactional, and litigation services that are reimbursable by a third-party are offered at a maximum rate of $500 per hour.
x Travel. No charge.
x Adjustments. Rates may be increased annually by the previous 12 months’ change in the Consumer Price Index for the Los Angeles region, not to exceed 3.5 percent, with the increase rounded to the nearest $10.00.

City of Palmdale Response to Requested Information for Submittal 453393.3 13

2026 Compensation Rates
Advisory / Transactional
6th Year and Senior $325
5th Year Associates $320
4th Year Associates $310
3rd Year & Senior $300
2nd Year Associates $275
1st Year Associates $275
Paralegals $220
Legal Assistants $200
Litigation
9th Year & Senior $400
8th Year $390
7th Year & Senior $375
6th Year Associates $355
5th Year Associates $320
4th Year Associates $310
3rd Year Associates $300
2nd Year Associates $275
1st Year Associates $275
Paralegals $220
Legal Assistants $200

Estimated Total Annual Cost for Full-Service City Attorney Work:
$1,638,000
based on the following assumptions:

Four (4) senior attorneys committing 20 hours per week at $325; One (1) junior attorney committing 20 hours per week at $275 Senior Attorney Rate Hours Extension No of Attys Weekly Total Annual Cost $325 20 6,500.00 $ 4 26,000.00 $ 1,352,000.00$ Junior Attorney
$275 20 $5,500 1 $5,500 286,000.00 $
1,638,000.00$ Annual Cost

City of Palmdale Response to Requested Information for Submittal 453393.3 14

6. Approach
If appointed to serve as City Attorney, the firm would prioritize problem-solving and cost savings. Colantuono, Highsmith, and Whatley (CHW) will be your chief problem-solver. Our role is to help the City Council understand what is prohibited and what is possible. You identify the policy goals, we identify the legal options.

We are often asked to address politically sensitive matters. Our approach is to provide neutral legal advice based on statute or case law. We provide concise legal conclusions and, if needed, the reasoning leading to those conclusions. We avoid providing advice on matters of policy, but will provide advice regarding common practices among our other clients, if asked to do so.

CHW will keep costs low through transparent billing practices, staff templates and trainings, cost sharing, and litigation deterrence. The billing method we propose is simple and straightforward — one rate for advisory work and one rate for litigation.

Our invoices will be categorized by department for advisory work and by case for litigation. This method allows the City Manager to determine which department or case is generating the most work and how to mitigate that cost.

Our office develops templates for contracts, ordinances, resolutions, and other documents, and trains staff on how to use those templates. Once trained, staff can fill in the blanks and submit to the City Attorney for review. A contract written from scratch can take 1-3 hours to draft, but a form template only takes 5 minutes to review.

Our firm generates case law update memos, legislative update memos, templates, and other documents that are relevant for multiple clients. The cost to research, write, and review such documents is spread across those clients that request them.

Litigation is often the reason for a higher than expected legal bill. While our firm does not shy away from litigating an issue, we believe litigation should be the option of last resort. We try to prioritize administrative remedies, consultation, and mediation over litigation to save time and money. If litigation appears likely, we provide the City Council with an estimated cost of the litigation and the expected chance of success to allow the Council to make an informed choice between settlement or litigation.

459489.3

October 1, 2026

VIA ELECTRONIC MAIL ONLY

Eric Ohlsen
Mayor
38300 Sierra Highway #A
Palmdale, California 93550
[email protected]
Austin Bishop
Chairman
38250 Sierra Highway
Palmdale, California 93550
[email protected]
Re: Consent to Firm’s Concurrent Representation of City of Palmdale and Visit Palmdale
Mayor Ohlsen and Chair Bishop:

I write to request the consent of the City of Palmdale (“City”) and Visit Palmdale to our firm’s serving as City Attorney for the City while simultaneously serving as General Counsel for Visit Palmdale.

I currently serve as General Counsel to Visit Palmdale, a non -profit organization that contracts with the City to manage the City’s tourism business improvement district.

From time to time, I assist Visit Palmdale with drafting agreements, which may include a cost-share or permitting component involving the City. For example, last April I revised the Sponsorsh ip Agreement between the City of Palmdale, Visit Palmdale, and the California Beer Festival, LLC, which required both the City and Visit Palmdale to contribute funds to sponsor the Boots & Brews Palmdale event. On other occasions, I drafted agreements that require Visit Palmdale to obtain regulatory permits from the City, including special events permits, encroachment permits, etc.

California Rule of Professional Conduct 1.7 (“Rule 1.7”) governs current client conflict of interest principles and states:

Rule 1.7 Conflict of Interest: Current Clients
Exhibit E

October 1, 2026

Page 2 ends

459489.3
(b) A lawyer shall not, without informed written consent* from each affected client and compliance with paragraph (d), represent a client if there is a significant risk the lawyer’s representation of the client will be materially limited by the lawyer’s responsibilities to or relationships with another client, a former client or a third person,* or by the lawyer’s own interests.
(d) Representation is permitted under this rule only if the lawyer complies with paragraphs (a), (b), and (c), and:
(1) the lawyer reasonably believes* that the lawyer will be able to provide competent and diligent representation to each affected client; (2) the representation is not prohibited by law; and
(3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal.
(Terms marked with an asterisk are defined elsewhere in the Rules.) We believe we can effectively serve as City Attorney for the City and General Counsel for Visit Palmdale because the City’s and Visit Palmdale’s interests are not adverse and, in the event actual adversity arises in the future as to a particular matter, Visit Palmdale has agreed to retain separate counsel as to that matter and the City may need to do the same. We are aware of no law which would prohibit our representing the City and Visit Palmdale simultaneously.

To further safeguard each client’s interest s, the firm will appoint Julia Homaechevarria to serve as General Counsel to Visit Palmdale. We will implement an ethical screen to ensure I and anyone on our team advising the City of Palmdale will not be involved or have access to information regarding our work for Visit Pa lmdale.

Similarly, Julia and anyone on our team advising Visit Palmdale will not be involved or have access to information regarding our work for the City. We will not share confidential information between our two teams and, of course, we will protect the City’s and Visit Palmdale’s confidences as to others.

Whether to grant this consent is a business judgment , and we recommend you consult independent legal counsel . The advantage to the City and Visit Pa lmdale to granting this consent are that each will receive legal counsel from a specialist in this field.

October 1, 2026

Page 3 ends

459489.3
The disadvantage is that we may be perceived as having divided loyalties, to the extent the City’s and Visit Palmdale’s interests are not aligned. We believe we can competently represent both the City and Visit Palmdale and protect their secrets given the ethical wall we propose.

By signing this letter, you agree that we may represent the City as City Attorney on all matters as assigned , even if opposed to Visit Pa lmdale, and represent Visit Palmdale on all matters as assigned, unless opposed to the City.

You should consider this request carefully, and, of course, feel free to consult with counsel independent of our firm before granting this consent.

Please review the foregoing and, if it meets with your approval, execute and return it by email. If you have any questions, please call me at the direct -dial number above.

Thank you for the opportunity to represent the City and Visit Palmdale.

Respectfully,

Aleks Giragosian
Shareholder

459489.3

Signature: _________________________________

Name: _________________________________

Title: Mayor

Date: _________________________________

I hereby consent to the firm’s simultaneous representation of the City of Palmdale and Visit Palmdale.

Signature: _________________________________

Name: _________________________________

Title: Chairman

Date: _________________________________

City Council Staff Report

DATE: OCTOBER 6, 2026

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: PUBLIC WORKS DEPARTMENT

CAPITAL IMPROVEMENT PROGRAM DIVISION

DISTRICT: ALL

SUBJECT: APPROVE REQUISITION WITH AV HERITAGE BUILDERS, INC., FOR THE PURCHASE OF A 13,000 SQUARE FOOT METAL

BUILDING SYSTEM, FOR A TOTAL NOT TO EXCEED AMOUNT OF
$621,345

RECOMMENDATION

Staff recommend that the City Council:

1. Approve Requisition No. 270414 with AV Heritage Builders, Inc., for the purchase of a 13,000 square foot metal building system, for a total not to exceed amount of $621,345, which includes the purchase amount of $540,300.74, plus a 15% contingency amount of $81,044.26; and,

2. Authorize the City Manager or his designee to approve the requisition and resulting purchase order with AV Heritage Builders, Inc., including minimal and/or non - substantial changes up to the 15% contingency amount approved by the Council.

BACKGROUND

For over 40 years, South Antelope Valley Emergency Services (SAVES) has supported the working poor, disadvantaged individuals, emancipated youth, the homeless, and senior citizens in the South Antelope Valley by providing food, short-term shelter, clothing, transportation passes, and programs such as holiday meal preparation, gift baskets, and back-to-school assistance. SAVES serves about 6,000 clients each year, a number that has steadily increased and has tripled in the past decade. To keep up with the growing demand, expansion is essential.

Report to Mayor and City Council
Re: Approve Requisition No. 270414 with AV Heritage Builders, Inc.

October 6, 2026

Page 2 ends

Additionally, SAVES receives more donated food and items, which requires extra storage space, and currently uses off -site storage to m eet this need. To better serve the community, SAVES needs more space for various services, including:

 Storing over 900,000 pounds of donations each year;
 Expanding donation services such as clothing, household items, and toys;  Offering healthy living classes;
 Connecting clients with local resource providers and advisors; and,  Organizing annual food and toy drives.

DISCUSSION

The metal building requisition was advertised through the PlanetBids electronic platform on August 4, 2026. Three (3) bids were received on September 10, 2026, and are listed below:

Bidder Location Amount

1. AV Heritage Builders, Inc. Rosamond, CA $540,300.74

2. Toneman Development Corporation Lancaster, CA $810,635.58

3. FEI Associates Consulting Engineers Chino, CA $853,782.00

AV Heritage Builders, Inc., a local supplier and installer of metal buildings in Southern California, is the lowest responsive and responsible bidder. References have been checked, all with positive feedback, and staff recommend that the City Council approve the apparent low bidder, AV Heritage Builders, Inc., in the amount of 540,300.74, with a 15% contingency.

During the design of the SAVES Tenant Improvement Project, significant seismic deficiencies were identified within the existing building’s foundation, walls, and roof structure. Based on the extent of these deficiencies and the anticipated cost of the required structural retrofits, the City determined that construction of a new facility is the most cost-effective and practical approach.

The tenant improvement design effort is anticipated to be completed by December 2026.

In January 2027, the city plans to advertise a design modification to transition the project from the originally proposed approximately 5,000 -square-foot tenant improvement to a new approximately 13,000-square-foot facility.

Following completion of the revised design and required approvals, construction bidding is anticipated in s ummer 2027, with construction to follow upon completion of the competitive bidding and contract award process.

Report to Mayor and City Council
Re: Approve Requisition No. 270414 with AV Heritage Builders, Inc.

October 6, 2026

Page 3 ends

FISCAL IMPACT

$621,345; Sufficient funds for the requisition and resulting purchase order are budgeted and available in Fiscal Year 2026-27.

STRATEGIC PLAN

Goal III: Invest in infrastructure to improve community livability.

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

Prepared by: Leonardo Torres, P.E.

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

ATTACHMENTS

Req. No. 270414 with AV Heritage Builders, Inc.

SAVES Conceptual Design

================================================================================ Bill To | Requisition 00270414-00 FY 2027 FINANCE DEPARTMENT |
38300 SIERRA HWY |Acct No:

STE D |F0178158-724525
PALMDALE, CA |Review:
93550 |Buyer: cmantell
|Status: Allocated Page 1
================================================================================ Vendor Ship To
AV HERTAGE BUILDERS, INC. PUBLIC WORKS DEPARTMENT 4716 CONSTELLATION AVE 38250 SIERRA HWY

PALMDALE, CA 93550
ROSAMOND, CA 93560 [email protected]

PROCUREMENT, FABRICATION, DELIVERY, OFFLOADING, INVENTORY, AND STORAGE OF THE PRE-ENGINEERED METAL BUILDING SYSTEM FOR THE PALMDALE S.A.V.E.S. PROJECT (PN #874).

THIS PURCHASE ORDER IS THE RESULT OF IFB 27-001-6630-874 FOR PN 874 METAL BUILDING SYSTEM PROCUREMENT AND STORAGE. ITEM IS PENDING CITY COUNCIL APPROVAL ON OCTOBER 6, 2026

001 PROCUREMENT, FABRICATION, DELIVERY, 1.00 621345.00000 621345.00

OFFLOADING, INVENTORY, AND

STORAGE OF THE PRE-ENGINEERED

METAL BUILDING SYSTEM FOR THE
PALMDALE S.A.V.E.S. PROJECT (PN
#874).

Additional Description Notes
-------------

PROCUREMENT, FABRICATION, DELIVERY, OFFLOADING, INVENTORY, AND STORAGE OF THE PRE-ENGINEERED METAL BUILDING SYSTEM FOR THE PALMDALE S.A.V.E.S. PROJECT (PN #874).

1 F0178158-724525 621345.00 ================================================================================ Bill To | Requisition 00270414-00 FY 2027 FINANCE DEPARTMENT |
38300 SIERRA HWY |Acct No:

STE D |F0178158-724525
PALMDALE, CA |Review:
93550 |Buyer: cmantell
|Status: Allocated Page 2
================================================================================ Vendor Ship To
AV HERTAGE BUILDERS, INC. PUBLIC WORKS DEPARTMENT 4716 CONSTELLATION AVE 38250 SIERRA HWY

PALMDALE, CA 93550
ROSAMOND, CA 93560 [email protected]

SAVES TENANT IMPR CAPITAL PROJECT PROF SERVICES Authorized By: ___________________________ Date: _____________ Signature

City Council Staff Report

DATE: OCTOBER 6, 2026

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: PUBLIC WORKS DEPARTMENT

CAPITAL IMPROVEMENT PROGRAM DIVISION

DISTRICT: 4

SUBJECT: APPROVE AGREEMENT WITH MUSCO SPORTS LIGHTING , LLC,

FOR DESIGN-BUILD SERVICES FOR SAM YELLEN PARK PHASE II

FUTSAL COURT LIGHTING PROJECT , FOR A TOT AL NOT TO
EXCEED AMOUNT OF $ 526,916, FOR A TERM OF 110 WORKING

DAYS FROM THE DATE OF THE NOTICE TO PROCEED

RECOMMENDATION

Staff recommend that the City Council:

1. Approve Agreement No. A -10072 with Musco Sports Lighting , LLC, for Design-Build Services for Sam Yellen Park Phase II Futsal Court Lighting Project, PN 795A (Project), for a total not to exceed amount of $526,916 , which includes a contract amount of $458,188, plus a 15% contingency amount of $68,728 for a term of 110 working days from the date of the Notice to Proceed;

2. Authorize the City Manager or his designee to execute Agreement No. A -10072 with Musco Sports Lighting LLC, including minimal and/or non-substantial changes; and,

3. Authorize the City Manager or his designee to approve change orders for additional or changed scopes of work up to the 15% contingency amount approved by the Council.

BACKGROUND

Phase II of the Sam Yellen Park Improvements was completed on September 25, 2025, and included the construction of new futsal courts. The courts were constructed without dedicated sports lighting, limiting their use after daylight hours.

To increase access and maximize use of this community investment, the City proposes installing a dedicated sports lighting system. The improvements will provide appropriate Report to Mayor and City Council
Re: Agrmt No. A-10072 with Musco Sports Lighting, LLC
October 6, 2026

Page 2 ends

illumination for evening play, extend available recreational hours, and increase opportunities for residents and community groups to utilize the futsal courts.

DISCUSSION
Musco Sports Lighting , LLC (Musco), is a Sourcewell participating vendor under Sourcewell Contract No. 041123 -MSL. This cooperative agreement with Sourcewell allows for design-build/turnkey services directly with Musco for design, equipment, materials, and construction.

Musco’s scope of work includes final lighting design and engineering, furnishing the sports lighting system, construction of light pole foundations, installation of poles and fixtures, electrical improvements and connections, system controls, testing, startup, and commissioning necessary to provide a complete and operational futsal court lighting system.

Following the Notice to Proceed (NTP), Musco will complete final design, permittin g, submittal approvals, and equipment fabrication and delivery. Equipment delivery is anticipated within approximately 10 to 12 weeks following completion of required approvals. Field installation will proceed following delivery and completion of required preconstruction activities and is anticipated to require approximately 50 working days.

The total contract duration, including design, permitting, procurement, delivery, installation, testing, and commissioning, will not exceed 110 working days from the NTP.

FISCAL IMPACT

$526,916: Sufficient funds are budgeted and available in Fiscal Year 2026-27. The Project is funded using Measure AV Fund.

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

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

Prepared by: Leonardo Torres, P.E.

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

Report to Mayor and City Council
Re: Agrmt No. A-10072 with Musco Sports Lighting, LLC
October 6, 2026

Page 3 ends

ATTACHMENTS

Agrmt No. A-10072 with Musco Sports Lighting, LLC
Location Map and locations of lights (Site Plan)
Fee Schedule
AGREEMENT NO. A- 10072

CONSTRUCTION CONTRACT

BETWEEN THE CITY OF PALMDALE AND MUSCO SPORTS LIGHTING, LLC

THIS CONTRACT (“Contract”) is made and entered into by and between City of Palmdale, a public entity ("City"), and MUSCO SPORTS LIGHTING, LLC, 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:
- All materials shall be furnished and delivered to the Project site. - The Contractor shall provide a complete turnkey installation, including all labor, materials, equipment, tools, accessories, connections, testing, and incidental work necessary to provide a complete and fully functional system in accordance with the Contract Documents.
- The Contractor shall provide electrical plans prepared, signed, and sealed by a California-licensed Professional Electrical Engineer.”
- Complete electrical installation for MUSCO Lighting System - Provide startup and aiming as required to provide complete and operating sports lighting system.

For detailed scope of work see attached Exhibit "B"
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.

Should it apply, the Successor Community Workforce Agreement policies and procedures must be followed as outlined in the attached agreement. 3 Compensation
City shall pay Contractor the total, all-inclusive, NOT-TO-EXCEED amount of Four Hundred Fifty-Eight Thousand One Hundred Eighty-Eight Dollars ($458188) 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 1-16Concord - Document ID: 034QaFxz9IeREEolWEcyF8
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 110 working days of said notice.

5 Payment and Performance Bonds; Guaranty

5.1 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 project 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.

5.2 Funding Contingency; Suspension or Termination. Notwithstanding any other provision of this Contract, the parties acknowledge that performance under this Contract is contingent upon the availability and continued appropriation of sufficient funding. In the event that anticipated, allocated, or appropriated funding is reduced, delayed, or not received in whole or in part (“Funding Shortfall”), the affected party may, upon written notice to the other party, suspend performance of its obligations under this Agreement to the extent reasonably necessary.

If the Funding Shortfall continues for a period of ninety days following such notice, the affected party may terminate this Contract, in whole or in part, without penalty or further liability, upon additional written notice. Any suspension or termination pursuant to this section shall not constitute a breach of this Contract.

In the event of suspension or termination due to a Funding Shortfall, the parties shall equitably adjust compensation to reflect services properly performed and authorized expenses incurred prior to the effective date of suspension or termination. The affected party shall use reasonable efforts to provide prompt notice of any Funding Shortfall and to mitigate any adverse impact on the other party.

6 Licenses

At all times during the term of this Contract, Contractor shall possess a valid and current Class C10 Contractor's License or Specialty Contractor License consisting of Class C10 licensee to perform the required work (“Work”). Contractor’s DIR registration number is 797757. Contractor hereby certifies that it holds the required license(s).

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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 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.
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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, their officers, agents, employees and volunteers are named as additional insured”.

B. “Severability of Interest” Clause.

The insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

The inclusion of the City and its officers, employees, agents, and volunteers as
additional insureds shall not affect any rights the Contractor has under the policy, nor shall it limit the insurer’s ability to deny coverage to any insured based on that insured’s own acts or omissions.

11.3 Upon Notice of Intent to Award, 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.
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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 Contract expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Contract, and will cover CONTRACTOR, or its officers, employees, or agents during the time this Contract was in effect.

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.
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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 Contract.

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.

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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.

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 Contract, 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 Contract. 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 7-16Concord - Document ID: 034QaFxz9IeREEolWEcyF8
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, 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 8-16Concord - Document ID: 034QaFxz9IeREEolWEcyF8
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
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 9-16Concord - Document ID: 034QaFxz9IeREEolWEcyF8
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 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 Ownership And Delivery Of Work Product
All documents, data, reports, studies, analyses, field notes, investigations, plans, specifications, software, programs, manuals, instructions, and other materials of any 10-16Concord - Document ID: 034QaFxz9IeREEolWEcyF8
nature, whether complete or incomplete, that are prepared, developed, or produced by CONTRACTOR or Contractor’s subcontractors in the performance of this Contract (collectively, “Work Product”) shall be the exclusive property of the CITY.

All Work Product shall be delivered to or left with the CITY upon completion, expiration, or termination of this Contract. Upon request, CONTRACTOR shall provide the CITY with originals and reproducible and electronic copies of all Work Product. Electronic copies shall be provided in an unprotected format that allows the CITY to copy, reproduce, modify, and use the Work Product without restriction. 23 Ownership Of Intellectual Property
The Work Product and all intellectual property rights therein shall be deemed “works made for hire” under the United States Copyright Act (17 U.S.C. § 101 et seq.), and the CITY shall be deemed the author and exclusive owner thereof, in perpetuity and worldwide.

To the extent any Work Product does not qualify as a work made for hire, CONTRACTOR hereby irrevocably assigns, transfers, and conveys to the CITY all right, title, and interest in and to such Work Product, including all copyrights, trademarks, patents, and other proprietary rights. CONTRACTOR consents to the use of CONTRACTOR’s name in conjunction with the sale, use, performance, and distribution of Work Product, for any purpose and in any medium.

CONTRACTOR agrees to execute any documents and take any actions reasonably requested by the CITY to confirm or perfect the CITY'S ownership of such rights.

CONTRACTOR waives any and all moral rights or similar rights under California Civil Code section 980 or any other applicable law to the extent permitted by law. 24 Non-discrimination and Equal Employment Opportunity

24.1 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.
25 SB 1383 Compliance
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CONTRACTOR shall comply with all applicable requirements of California Senate Bill 1383 (SB 1383) and related regulations concerning the reduction of organic waste, diversion from landfills, and edible food recovery.
26 WCAG 2.1AA Compliance
Information and communication technology means information technology and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content. Examples include computers and peripheral equipment; information kiosks and transaction machines; telecommunications equipment; customer premises equipment; multifunction office machines; software; applications; Web sites; videos; and electronic documents.

Each information and communication technology (hereinafter referred to as "ICT") product or service furnished to the City under this Contract shall be accessible to and usable by individuals with disabilities in accordance with the Americans with Disabilities Act, as amended, (hereinafter referred to as the "ADA") and other applicable Federal laws, including Section 508 of the Rehabilitation Act, as amended, and State laws and implementing regulations. For purposes of this clause, Contractor shall be considered in compliance with the ADA and other Federal and State laws if it satisfies the requirements (including exceptions) specified in the regulations 36 CFR Part 1194 implementing Section 508 of the Rehabilitation Act, including the Web Content Accessibility Guidelines (WCAG) 2.1 Level A and Level AA Success Criteria and Conformance Requirements (2008), which are incorporated by reference, and the functional performance criteria.

Contractor shall maintain and retain, subject to review by the City, full documentation of the measures taken to ensure compliance with the applicable requirements and functional performance criteria, including records of any testing or simulations conducted. For each ICT subject to the Contract, the documentation shall include a description of conformance with applicable federal and state laws by means of either a Voluntary Product Accessibility Template (VPAT) or other comparable document, upon request.

If Contractor claims its products or services satisfy the applicable requirements and standards specified above and it is later determined by the City that any furnished product or service is not in compliance with such requirements and standards, the City will promptly inform the Contractor in writing of the noncompliance. The Contractor shall, at no cost to the City, repair or replace the non-compliant products or services within the period specified by the City. If the repair or replacement is not completed within the specified time, the City may cancel the Contract or have any necessary changes made or repairs performed by employees of the City or by another contractor, and Contractor shall reimburse the City for any expenses incurred thereby. Contractor shall indemnify and hold the City harmless in the event of claims arising from inaccessibility.
27 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 12-16Concord - Document ID: 034QaFxz9IeREEolWEcyF8
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. 28 Debarment and Suspension Certification
Title 2, Code of Federal Regulations, Part §180.300
The bidder, under penalty of perjury, certifies that, except as noted in a separate document, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, or manager:
•is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
•has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; •does not have a proposed debarment pending; and
•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.
29 Compliance With Law

29.1 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.

29.2 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.

29.3 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.
30 Health And Safety Provisions
A. CONTRACTOR and all subcontractors shall abide by all health and safety mandates issued by federal, state, county, City of Palmdale, and/or public health officers, and worksite-specific mandates. If multiple mandates exist, the CONTRACTOR and subcontractors shall abide by the most restrictive mandate. 13-16Concord - Document ID: 034QaFxz9IeREEolWEcyF8
B. Costs associated with adhering to health and safety mandates are the responsibility of the CONTRACTOR. CONTRACTOR is responsible for the tracking and compliance of health and safety mandates and may be audited upon request. 31 Notifcation And Access Revocation
The CONTRACTOR shall notify the CITY in writing prior to or no later than twenty- four (24) hours after, the termination, expiration, suspension, reassignment, or removal of any Contractor Personnel with access to the Project or Owner Resources.

For Contractor Personnel with Information Technology access, notification must be immediate, or the CITY may consider the CONTRACTOR to be in breach of contract.

Notice shall include the individual’s name, role, effective date and time of termination or removal, and systems or resources accessed.

The CITY reserves the right, in its sole discretion, to immediately suspend or revoke access for any Contractor Personnel upon receipt of notice or upon CITY'S determination that such access is no longer required or appropriate. 32 Force Majure
Neither Party shall be liable for any failure or delay in performing its obligations under this Contract (other than payment obligations) if such failure or delay is caused by an event or circumstance beyond the reasonable control of the affected Party (“Force Majeure Event”). Force Majeure Events include, but are not limited to, acts of God; flood; fire; earthquake; explosion; war; terrorism; civil disturbance; epidemic or pandemic; quarantine; governmental actions or orders; or other similar events beyond the control of the affected Party.

The affected Party shall provide written notice to the other Party within ten (10) calendar days of the occurrence of the Force Majeure Event, describing the nature, expected duration, and anticipated impact on performance. The Party shall use all diligent efforts to mitigate the effects of the event and resume performance as soon as practicable.

When CONTRACTOR is the sole cause of the delay to the commissioning and substantial completion and delay is not caused by an event of Force Majeure or by the CITY'S failure to make payments in accordance with the Contract or to provide required information to CONTRACTOR when contemplated in the Contract, CITY shall be entitled to liquidated damages in the sum at the daily rate of One Thousand Dollar ($1,000), beginning at zero (0) days from written notice given by CITY. 33 Successors and Assigns
The terms and conditions of this Contract shall be binding on the successors and assigns of the parties to this Contract.
34 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. 35 Authority to Sign
14-16Concord - Document ID: 034QaFxz9IeREEolWEcyF8
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.
36 Time is of the Essence
Time is of the essence in every provision of this Contract 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 MUSCO SPORTS LIGHTING, LLC

Salvador Mendez Date
City Manager

James M. Hansen Date
Secretary

ADDRESS FOR NOTICE:

CITY OF PALMDALE
38250 Sierra Highway
Palmdale, CA 93550

ADDRESS FOR NOTICE:

MUSCO SPORTS LIGHTING, LLC
211 2nd Ave West
Oskaloosa, IA 52577
APPROVE AS TO FORM:

Alexandra Severino
City Attorney

ATTEST:

Rochelle Scott
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 ---------------------------------------- 15-16Concord - Document ID: 034QaFxz9IeREEolWEcyF8

■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)
■Attach Quotes, Solicitation Docs, City's Best Interest, Government Code, etc.

16-16Concord - Document ID: 034QaFxz9IeREEolWEcyF8
Record of Signing
Signed with https://www.concord.app/
For
Name
Title
City of Palmdale
Leonardo Torres
Signed on Sep 17, 2026 1:56 PM PDT
Secured by Concord™
DocumentID: 034QaFxz9IeREEolWEcyF8
SigningID: 034QaFxlzOKCF9sB34ASVR
UTC Signing time: 2026-09-17 20:56:54 UTC
IP Address: 45.62.177.244
Email: [email protected]

2016, 2025 Musco Sports Lighting, LLC • M-2168-enUS-20

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QUOTE
Date: September 14, 2026 Project: Sam Yellen Park Phase II Expiration date: October 14,2026 Palmdale, CA To: Harriet Howell Musco Project Number: 206837

Sourcewell
Master Project: 199030, Contract Number: 041123-MSL, Expiration: 06/16/2027 Category: Sports lighting with related supplies and services

All purchase orders should note the following:

Sourcewell Purchase – Contract Number: 041123-MSL
Sourcewell Member Number: 24618
Quotation Price – Materials Delivered to Job Site and Turnkey Installation

Lighting
Futsal Courts 1-7 – (All Courts 66’x88’) ................................ ......................... $175,000.00 Estimated Taxes (11.25%) ................................ ................................ ................ $19,688.00 Labor ................................ ................................ ................................ ............ $ 263,500.00 Total ................................ ................................ ................................ .............. $ 458,188.00

Quote is confidential. Pricing and lead times are effective for 30 days only. Prices are subject to change if the order is not released within 60 days from the date of the purchase.

California: Public Works Contractor Number: 1000004278, Electrical Contractor (C -10 License) Number: 797757 Light-Structure System™ with Total Light Control – TLC for LED™ technology System Description
• (23) Factory aimed and assembled luminaires
• (5) Galvanized steel poles
• (5) Pre-cast concrete bases with integrated lightning grounding • Pole length factory assembled wire harnesses
• Factory wired and tested remote electrical component enclosures • Disconnects
• UL listed assemblies
• Corrosion protection
Operation and Warranty Services
• Product assurance and warranty program that covers materials and onsite labor, eliminating 100% of your maintenance costs for 25 years
• Support from Musco’s Lighting Services Team – over 200 Team members dedicated to operating and maintaining your lighting system – plus a network of 1800+ contractors • Warranty starts the date of shipment
Musco Scope
• Provide design and layout for lighting system, stamped electrical and structural drawings and calculations • Test and final aim equipment
Installation Services Provided
See attached SOW
EXHIBIT "A"

2016, 2025 Musco Sports Lighting, LLC • M-2168-enUS-20

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QUOTE
Responsibilities of Buyer
• Confirm pole or luminaire locations, supply voltage and phase required for lighting system prior to production • Buyer is responsible for getting electrical power to the site, coordination with the utility, and any power company fees
Payment Terms
Final payment terms are subject to approval by Musco credit department. Final payment shall not be withheld by Buyer on account of delays beyond the control of Musco.

Email a copy of the Purchase Order to Musco Sports Lighting, LLC:

Musco Sports Lighting, LLC
Attn: Musco Contracts
Email: [email protected]

All Purchase orders should note the following:

Sourcewell Purchase – Contract Number: 041123-MSL
Sourcewell Member Number: 24618
Delivery Timing
10 - 12 weeks for delivery of materials to the job site from the time of order, submittal approval, and confirmation of order details including voltage, phase, and pole/luminaire locations.

Notes
Quote is based on following conditions:
• Shipment of entire project together to one location.
• Voltage and phase system requirements to be confirmed. • Structural code and wind speed = 2025 CBC, 95 mi/h, Exposure C, Importance Factor 1.0. • Due to the built-in custom light control per luminaire, pole or luminaire locations need to be confirmed prior to production. Changes to pole or luminaire locations after the product is sent to production could result in additional charges.

Thank you for considering Musco for your lighting needs. Please contact me with any questions or if you need additional details.

Nicholas Cobb
Sales Representative
Musco Sports Lighting, LLC
Phone: 213-440-5784
E-mail: [email protected]

2020, 2026 Musco Sports Lighting, LLC ∙ M-3454-en04-13 Page 1 of 5

Scope of Work: Light-Structure System™ - Turnkey

Date: June 8, 2026 Project Name: Sam Yellen Park Phase II Project #:206837 Sam Yellen Park Phase II
Palmdale, CA
Turnkey Scope of Work

Customer Responsibilities:

1. Complete access to the site for construction utilizing standard 2-wheel drive rubber tire equipment.

2. Locate existing underground utilities not covered by your local utilities (i.e. water lines, electrical lines, irrigation systems, and sprinkler heads). Musco or Subcontractor will not be responsible for repairs to unmarked utilities.

3. Locate and mark field reference points per Musco supplied layout (i.e. home plate, center of FB field).

4. Pay for extra costs associated with foundation excavation in non-standard soils (rock, caliche, high water table, collapsing holes, etc.) or soils not defined in geo-technical report. Standard soils are defined as soils that can be excavated using standard earth auguring equipment.

5. Pay any power company fees and requirements.

6. Provide area on site for disposal of spoils from foundation excavation.

7. Provide area on site for dumpsters.

Musco Responsibilities:

1. Provide required foundations, poles, electrical enclosures, luminaires, wire harnesses, and control cabinets.

2. Provide layout of pole locations and aiming diagram.

3. Provide Contract Management as required.

4. Provide stamped foundation designs based on soils that meet or exceed those of a Class 5 material as defined by 2018 IBC Table 1806.2.

5. Assist our installing subcontractor and ensure our responsibilities are satisfied.

6. Provide sealed Electrical Plans.

Subcontractor Responsibilities
General:

1. Obtain any required permitting.

2. Contact your local udig for locating underground public utilities and then confirm they have been clearly marked.

3. Contact the facility owner/manager to confirm the existing private underground utilities and irrigation systems have been located and are clearly marked to avoid damage from construction equipment.

Notify owner and repair damage to marked utilities. Notify owner and Musco regarding damage which occurred to unmarked utilities.

4. Provide labor, equipment, and materials to offload equipment at jobsite per scheduled delivery.

5. Provide storage containers for material (including electrical components enclosures), as needed.

6. Provide necessary waste disposal and daily cleanup.

7. Provide adequate security to protect Musco delivered products from theft, vandalism or damage during the installation.

8. Keep all heavy equipment off playing fields when possible. Repair damage to grounds which exceeds that which would be expected. Indentations caused by heavy equipment traveling over dry ground would be an example of expected damage. Ruts and sod damage caused by equipment traveling over wet grounds would be an example of damage requiring repair.

9. Provide startup and aiming as required to provide complete and operating sports lighting system. 2020, 2026 Musco Sports Lighting, LLC ∙ M-3454-en04-13 Page 2 of 5

Scope of Work: Light-Structure System™ - Turnkey

Date: June 8, 2026 Project Name: Sam Yellen Park Phase II Project #:206837

10. Installation to commence upon delivery and proceed without interruption until complete. Notify Musco immediately of any breaks in schedule or delays.

11. Complete and submit Musco provided closeout checklist including required pictures.

Foundations, Poles, and Luminaires:

1. Mark and confirm pole locations per the aiming diagram provided. If there are any issues, immediately notify your Musco Project Manager.

2. Provide labor, materials, and equipment to install (5) Light-Structure System foundations as specified on Layout and per the stamped foundation drawings, if applicable.

3. Remove spoils to owner designated location at jobsite.

4. Provide labor, materials, and equipment to assemble Musco TLC-LED luminaires, electrical component enclosures, poles, and pole harnesses.

5. Provide labor, equipment, and materials to erect (5) dressed Light-Structure System poles and aim utilizing the pole alignment beam.

Electrical:

1. Provide labor, materials, and equipment to install new 480v 3p electrical service panels as required.

2. Provide labor, materials, and equipment to install all underground conduit, wiring, pull boxes etc. and terminate wiring as required.

3. Complete electrical installation per Musco Control System Summary and Musco Best Practices: Supply Wiring Installation document.
a. If there are any discrepancies between Musco documents and electrical plans (if present), notify your Musco contact.
b. Circuits: Homerun all circuits to poles.
i. If electrical plans require daisy-chained circuits, make connections on the dual- conductor rated disconnects in Musco electrical components enclosures or within precast base above ground level. Do not create underground wiring connections. c. In ground pull box requirements: Only 12” deep (minimum) concrete polymer underground handholes and lids are allowed.
i. 12 in deep (minimum) concrete polymer pull box and lid. ii. Place on top of 12 in compacted ¾ in aggregate rock. iii. Lids must be marked with “ELECTRIC”.
iv. Steel lids are not allowed.
v. Do not create underground wiring connections in pull box.

4. Provide as-built drawings upon completion of installation (if required).

5. Complete required insulation resistance tests on all current-carrying conductors per ANSI/NETA ATS- 2021.
a. Use the instructions and forms provided by Musco to provide test results to your Musco contact. Note conduits must be full of water prior to testing. b. Add water to conduits if not full. Any new conductors with resistance values less than (<) 100 MΩ - phase to ground - must be repaired or replaced to meet the standard. c. Any existing conductors with resistance values less than (<) 100 MΩ - phase to ground – must be reported to your local Musco representative.

Control-Link® Control and Monitoring:

1. Provide labor, equipment, and materials to install (1) Musco control and monitoring cabinet(s) and terminate all necessary wiring.
2020, 2026 Musco Sports Lighting, LLC ∙ M-3454-en04-13 Page 3 of 5

Scope of Work: Light-Structure System™ - Turnkey

Date: June 8, 2026 Project Name: Sam Yellen Park Phase II Project #:206837

2. Provide a dedicated 120 V 20 A controls circuit or a step-down transformer for 120 V control circuit if not available.

3. Check all zones to make sure they work in both auto and manual mode.

4. Commission Control-Link by contacting Control-Link Central™ at 877-347-3319.

2020, 2026 Musco Sports Lighting, LLC ∙ M-3454-en04-13 Page 4 of 5

Scope of Work: Light-Structure System™ - Turnkey

Date: June 8, 2026 Project Name: Sam Yellen Park Phase II Project #:206837

CODE OF CONDUCT

In order to maintain a high-quality jobsite and installation, Subcontractor represents to Musco that it has the supervision necessary to, and shall train, manage, supervise, monitor, and inspect the activities of its employees for the purpose of enforcing compliance with these safety requirements. Subcontractor acknowledges that Musco does not undertake any duty toward Subcontractor’s employees to train, manage, supervise, monitor, and inspect their work activities for the purpose of enforcing compliance with these safety requirements, but Subcontractor agrees to abide by any reasonable recommendations made by Musco or Musco representatives with respect to safety.

Subcontractor agrees that it is or will be familiar with and shall abide by the safety rules and regulations of Musco and the Owner, including, but not limited to the Occupational Safety and Health Act of 1970 (OSHA), all rules and regulations established pursuant thereto, and all amendments and supplements thereto.

Subcontractor further agrees to require all its employees, subcontractors, and suppliers to comply with these requirements. Subcontractor shall also observe and comply with all laws with respect to environmental protection applicable to the Project.

Subcontractor shall require all its subcontractors, employees, visitors, suppliers, and agents under its direction to comply with the following:

1. GENERAL JOBSITE SAFETY AND CLEANLINESS.
a. Subcontractor’s employees and agents shall be required to wear appropriate personal protective equipment including, but not limited to, safety glasses with side shields, work shoes, fall protection devices, and hard hats.
b. Where a walking or working surface has an unprotected side or edge which is six feet or more above a lower level, Subcontractor shall use guardrail systems, safety net systems, or personal fall arrest systems.
c. Jobsite shall be kept free of debris including, but not limited to, cardboard and packing materials which can become windborne.
d. Construction equipment shall be parked during non-use in an orderly fashion so as not to create inconvenience to others using the jobsite.
e. Subcontractor shall provide for and ensure the use of safety equipment for the Project in accordance with Musco’s and Owner’s safety requirements, to the extent these may be stricter than federal, state, or local standards, or generally recognized industry applicable standards. f. Subcontractor shall provide the Musco project manager with an “Emergency List” showing Subcontractor’s designated medical doctor, hospital, insurance company, and any other health service providers, such list to be updated within 24 hours of any change in the information provided.

g. Within eight (8) hours from the time of an accident (or such shorter period as laws may require), Subcontractor shall advise Musco of any accident resulting in injury to any person or damage to any equipment or facility. Upon request, Subcontractor shall promptly furnish Musco with a written report of any such accident as well as a copy of all insurance and worker’s compensation claims involving the Project.
h. Subcontractor shall maintain and inspect all construction equipment, including cranes and other lifting equipment, prior to each use. Subcontractor warrants that all equipment operators shall be qualified for each piece of construction equipment they intend to operate. Documentation of specific training is the responsibility of the Subcontractor.
2020, 2026 Musco Sports Lighting, LLC ∙ M-3454-en04-13 Page 5 of 5

Scope of Work: Light-Structure System™ - Turnkey

Date: June 8, 2026 Project Name: Sam Yellen Park Phase II Project #:206837 i. Jobsite shall be policed daily for compliance to the above conditions. j. Subcontractor’s employees and agents are prohibited from using drugs and alcohol on the Project property or being under the influence of alcohol or drugs while performing work on the Project. Anyone observed participating in or observed under the influence will be removed from the Project immediately and prohibited from returning, with no exceptions.

2. CONFORMANCE TO STANDARD MUSCO INSTALLATION GUIDELINES. a. Review and understand installation instructions provided with every product installation. b. Education of installation personnel to allow for highest efficiency and lowest possibility of failure. c. Verify that components have been assembled per Musco installation instructions. d. Verify plumb of concrete foundations prior to standing of poles.

3. PROVIDING A QUALITY INSTALLATION TEAM.
a. Subcontractor’s work directly reflects the quality of the installation and may indirectly relate to the quality of the product upon which Musco’s reputation is built. b. Provide and maintain quality installation equipment. Records of maintenance and/or calibration shall be provided upon request.
c. Personnel shall be knowledgeable in operation of equipment as well as installation of Musco product. d. All personnel provided by Subcontractor shall understand the relationship developed by and between Subcontractor and Musco, also by and between Musco and the customer, and act accordingly.

Palmdale City CouncilOctober 6, 2026

Palmdale City Council
October 6, 2026