Logicalis, Inc.
Quotation # 2022-134502v4
1556
COV - Remote Site Switches
Quotation # 2022-134502v4
Customer Name & Address
Logicalis Account Executive
Matthew Pugh
City of Victorville
14343 Civic Dr
Victorville, CA 92392-2303
(760) 955-5069
[email protected]
Jesse Zepeda
Corona, CA 90602
+1 9513932313
[email protected]
Bill To Address
Ship to Address
City of Victorville
14343 Civic Dr
Victorville, CA 92392-2303
City of Victorville
14343 Civic Drive
Victorville, CA 92393
Quotation expiration date: April 20, 2022
This Quotation adheres to the pricing requirements of the NASPO ValuePoint Master Agreement #AR3227, Cisco Participating Addendum CA #7-20-70-47-01 contract.
Item
Qty
Part Number
Description
Unit Price
Extended Price
Products
1 1 MISCHDWE Misc. Hardware Kit (Velcro and Mounting
Hardware)
$160.00 $160.00
2 27 C9300L-24P-4X-E Catalyst 9300L 24p PoE; Network
Essentials ;4x10G Uplink
$3,286.53 $88,736.31
3 27 CON-SNT -C9300L2X SNTC-8X5XNBD Catalyst 9300L 24p PoE; Networ
k Essentia
$419.84 $11,335.68
4 27 C9300L-NW-E-24 C9300L Network Essentials; 24-port license $0.00 $0.00 5 81 FAN-T2 Cisco Type 2 Fan Module $0.00 $0.00
6 27 S9300LUK9-173 Cisco Catalyst 9300L XE 17.3 UNIVERSAL $0.00 $0.00 7 27 PWR-C1-715WAC-P 715W AC 80+ platinum Config 1 Power Supply $0.00 $0.00 8 27 PWR-C1-715WAC-P/2 715W AC 80+ platinum Config 1
SecondaryP
ower Supply
$887.17 $23,953.59
9 54 CAB-TA-NA North America AC Type A Power Cable $0.00 $0.00 10 27 C9300L-SSD-NONE No SSD Card Selected $0.00 $0.00
11 27 C9300L-DNA-E-24 C9300L Cisco DNA Essentials; 24-port license $0.00 $0.00 12 27 C9300L-DNA-E-24-3Y C9300L Cisco DNA Essentials; 24-port; 3 Y ear Ter
m license
$331.92 $8,961.84
13 27 C9300L-STACK-KIT Cisco Catalyst 9300L Stacking Kit $788.98 $21,302.46 14 54 C9300L-STACK Catalyst 9300L Stack Module $0.00 $0.00 City of Victorville
July 06, 2022
Logicalis, Inc.
Quotation # 2022-134502v4
1557
Item
Qty
Part Number
Description
Unit Price
Extended Price
15 27 STACK-T3-50CM 50CM Type 3 Stacking Cable for C9300L $0.00 $0.00 16 27 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deplo
yment
$0.00 $0.00
17 8 C9300L-48P-4X-E Catalyst 9300L 48p PoE; Network
Essentials ;4x10G Uplink
$3,781.45 $30,251.60
18 8 CON-SNT -C93004X4 SNTC-8X5XNBD Catalyst 9300L 48p P $617.46 $4,939.68 19 8 C9300L-NW-E-48 C9300L Network Essentials; 48-port license $0.00 $0.00 20 24 FAN-T2 Cisco Type 2 Fan Module $0.00 $0.00
21 8 S9300LUK9-173 Cisco Catalyst 9300L XE 17.3 UNIVERSAL $0.00 $0.00 22 16 CAB-TA-NA North America AC Type A Power Cable $0.00 $0.00 23 8 C9300L-SSD-NONE No SSD Card Selected $0.00 $0.00
24 8 C9300L-DNA-E-48 C9300L Cisco DNA Essentials; 48-port license $0.00 $0.00 25 8 C9300L-DNA-E-48-3Y C9300L Cisco DNA Essentials; 48-port; 3 Y ear Ter
m license
$609.42 $4,875.36
26 8 C9300L-STACK-KIT Cisco Catalyst 9300L Stacking Kit $788.98 $6,311.84 27 16 C9300L-STACK Catalyst 9300L Stack Module $0.00 $0.00 28 8 STACK-T3-50CM 50CM Type 3 Stacking Cable for C9300L $0.00 $0.00 29 8 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deplo
yment
$0.00 $0.00
30 8 PWR-C1-1100WAC-UP Upgrade option 1100W AC 80+ platinum Config 1 Po
wer Supply
$447.13 $3,577.04
31 8 PWR-C1-1100WAC-P/2 1100W AC 80+ platinum Config 1 Secondary Po
wer Supply
$1,348.49 $10,787.92
Products Subtotal
$215,193.32
Services - Fixed Fee
32 1 PS Project Initiation $22,096.88 $22,096.88
33 1 PS Project Completion $22,096.87 $22,096.87
Ser
vices Fixed Fee Subtotal
$44,193.75
Grand Total
Products and Services Subtotal:
$259,387.07
Sales Tax (estimated):
$16,194.57
Grand Total:
$275,581.64
City of Victorville
July 06, 2022
Logicalis, Inc.
Quotation # 2022-134502v4
1558
Solution Summary
On behalf of Logicalis, please find our proposed solution for your project.
The City of Victorville currently has EOS Cisco 2960X switches at City Hall and at their remote facilities. These switches will be replaced by new Cisco 9300L series switches with have the capability of 10Gbps uplinks. W
e will use the existing 1G SFP transceivers and existing fiber and copper patch cords.
Logicalis will perform the following services:
• Discovery and Design of the solution
• Removal of the existing switches
• Installation and configuration of (27) C9300L-24P-4X and (8) C9300L-48P-4X switches across the 21 locations.
• Testing
• Administration Training
• Provide as-built documentation
Below is a switch breakout for the locations:
Location Existing Switches New Switches
City Hall (Tech room) (1) WS-C2960X-24PS-L (1) C9300L-24P-4X Corporate Yard East (2) WS-C2960X-24PS-L (2) C9300L-24P-4X Victorville Police Station (3) WS-C2960X-48FPS-L (3) C9300L-48P-4X
Public Works - McArt
(2) WS-C2960X-24PS-L
(2) WS-C2960X-48FPS-L
(2) C9300L-24P-4X
(2) C9300L-48P-4X
V
ictorville City Library (3) WS-C2960X-24PS-L (3) C9300L-24P-4X Building 999 (1) WS-C2960X-24PS-L (1) C9300L-24P-4X
Westwinds Sports Center (1) WS-C2960X-24PS-L (1) C9300L-24P-4X SCLA Admin (3) WS-C2960X-24PS-L (3) C9300L-48P-4X
Industrial WWTP (2) WS-C2960X-24PS-L (2) C9300L-24P-4X
Hook Park Community Center (2) WS-C2960X-24PS-L (2) C9300L-24P-4X 8th Street Facilities Yard (1) WS-C2960X-24PS-L (1) C9300L-24P-4X Doris Davies Park (1) WS-C2960X-24PS-L (1) C9300L-24P-4X Water District Warehouse (WD1) (2) WS-C2960X-24PS-L (2) C9300L-24P-4X Water District Warehouse (WD2) (2) WS-C2960X-24PS-L (2) C9300L-24P-4X Sunset Ridge (1) WS-C2960X-24PS-L (1) C9300L-24P-4X
Fire Station 311 (1) WS-C2960X-24PS-L (1) C9300L-24P-4X Fire Station 312 (1) WS-C2960X-24PS-L (1) C9300L-24P-4X Fire Station 313 (1) WS-C2960X-24PS-L (1) C9300L-24P-4X Fire Station 314 (1) WS-C2960X-24PS-L (1) C9300L-24P-4X Fire Station 315 (1) WS-C2960X-24PS-L (1) C9300L-24P-4X Fire Station 319 (1) WS-C2960X-24PS-L (1) C9300L-24P-4X City of Victorville
July 06, 2022
Logicalis, Inc.
Quotation # 2022-134502v4
1559
Services Statement of Work
Communication & Netw
ork Services - Route / Switch
Tasks and Activities
1 Plan
1.1 Data Gathering
1.1.1 Gather solution requirements and design for project implementation
1.1.2 Review and validation of the project implementation strategy, documentation and desired outcomes
1.1.3 Data gathering for (35) core/edge (C9300L) series switch(es)
1.1.4 Data gathering for network security design such as AAA, VPN, ACLs, Dot1x, IPS, ZBF
1.1.5 Data gathering for layer two design such as VLAN's, spanning-tree, port security, etc.
1.1.6 Data gathering for layer three design, routing protocols, redistribution, filters, etc.
1.2 Implementation Planning
1.2.1 Layer two design including VLANs, spanning-tree, port security, etc.
1.2.2 Create high-level timeline
1.2.3 Create a test plan for route/switch implementation
1.2.4 Implementation plan creation and technical review
1.2.5 Define implementation details for route/switch implementation
2 Implement
2.1 Device Staging
2.1.1 Unbox, power, verify and update IOS on (27) 24-port access switch(es)
2.1.2 Unbox, power, verify and update IOS on (8) 48-port access switch(es)
2.2 Physical Device Implementation
2.2.1 Brownfield build - rack (27) 24-port access switch(es) and re-patch to network (cable cleanup not included)
2.2.2 Brownfield build - rack (8) 48-port access switch(es) and re-patch to network (cable cleanup not included)
2.2.3 Cabling cleanup including: Velcro and Basic Labeling
2.3 Implementation Configuration
2.3.1 Configuration of (35) (C9300L) edge switch(es) per implementation plan
2.3.2 Configuration of layer two per implementation plan
3 Validate
3.1 System Cutover
3.1.1 Turn up and testing during business hours
4 Support
4.1 Knowledge Transfer
4.1.1 Complete (2) hours of system admin knowledge transfer including content creation
4.2 Day One Support
4.2.1 Provide (8) hours of first business day support
Deliverables
• Implementation Plan
• As Built document with device configuration files
Project Management
The assigned Logicalis Project Manager will be responsible f or providing the following services: Project Management (Medium Rigor) City of Victorville
July 06, 2022
Logicalis, Inc.
Quotation # 2022-134502v4
1560
Planning
• Project kick-off call agenda & notes
• Project kic
k-off call facilitation
• Identify project team and define roles & responsibilities • Resource Scheduling
• Project Work Breakdown Structure (WBS) & Gantt creation • Supplemental project information management
Execution
• Product tracking, if applicable
• Project status call agenda & notes
• Weekly project status call facilitation
• Weekly project status report, consisting of:
1. Overall Health Status
2. Schedule, Risk & Budget Key Performance Indicator (KPI) Reporting
3. Percentage Complete
4. Project Phase
5. High Level Accomplishments
6. Current Activities / Upcoming Activities
7. Past Due Activities
8. Project Issues
9. Financial & Hours Summary, applicable to T&M projects • Resource management & allocation
• Project WBS & milestone management
• Project escalations
Monitoring & Controlling
• Project Deliverable review and delivery, as applicable • Scope management
• Document Project Change Requests (PCRs), if applicable • Timeline & budget monitoring
• Project performance measurement
• Risk monitoring
Closing
• Project closure call
• Project Closure and Acceptance processing
City of Victorville
July 06, 2022
Logicalis, Inc.
Quotation # 2022-134502v4
1561
Terms and Conditions
Terms Applicable to All Sales
1. In the event Customer chooses to lease the Products and/or Services from a third party leasing company, Customer remains liable for payment to Logicalis for all Products and/or Services purchased until Logicalis receives payment from such leasing company.
2. All items not specifically included in this document are out of scope.
3. Prices are valid for 30 days from date of the document unless otherwise stated.
4. The information in this document is considered proprietary and confidential to Logicalis. By acceptance of this Quotation, Customer agrees to maintain this confidentiality and use such inf ormation for internal
purposes only.
Terms Applicable for Product Sales
1. To the extent applicable, the terms of the NASPO ValuePoint Master Agreement #AR3227, Cisco Participating Addendum CA #7-20-70-47-01 are incorporated herein by reference. For all other terms not addressed in the previously stated contract, Logicalis Terms of Sale, found on our website at www.us.logicalis.com/tcsales apply and are incorporated herein by reference.
2. Any variation in quantity or requested delivery may result in price changes.
3. Prices are subject to change without notice in the event the Product's manufacturer/distributor changes the price to Logicalis.
4. Shipping and taxes are added at time of invoice. Shipping charges are subject to handling fees for specifying carriers and same day shipments.
5. Logicalis collaborates with the OEM/distributor to schedule delivery to Customer’s loading dock; inside delivery is available upon request and may increase the cost of delivery.
6. To the extent this Quotation includes Cisco Cloud Services, the following link shall apply:
www.cisco.com/c/en/us/about/legal/cloud-and-software/cloud-terms.html. “Cisco Cloud Services” shall mean any of the offerings described on the aforementioned link. If Customer does not issue a purchase order to Logicalis or otherwise accept a Logicalis quotation to renew such Cisco Cloud Services, or does not otherwise provide written notice of non-renewal, at least forty-five (45) days prior to the end of the then-current subscription term thereof, then the Cisco Cloud Services shall automatically renew and Customer agrees to pay Logicalis for such renewed subscription term at the rates charged by Logicalis therefor.
Terms Applicable for Services Sales
1. To the extent applicable, the terms of the NASPO ValuePoint Master Agreement #AR3227, Cisco Participating Addendum CA #7-20-70-47-01 are incorporated herein by reference. For all other terms not addressed in the previously stated contract, Logicalis Terms of Sale, found on our website at www.us.logicalis.com/tcsales apply and are incorporated herein by reference.
2. In the event Customer reschedules delivery of Services within fourteen (14) calendar days of a scheduled delivery date, Logicalis reserves the right to charge Customer $1600 per day for each scheduled resource, plus any additional travel or other out of pocket expenses incurred as a result of the delay.
3. General customer responsibilities, project assumptions, change management processes, and other terms applicable to the delivery and receipt of services (as applicable to this Quotation), found at us.logicalis.com/ gcr, are incorporated herein by reference.
City of Victorville
July 06, 2022
Logicalis, Inc.
Quotation # 2022-134502v4
1562
4. Unless otherwise mutually agreed upon, reasonable travel expenses will be tracked separately and billed directly to Customer. Travel expenses will include cost incurred from travel (airfare, rental car, mileage, tolls and lodging). Meals, if any, will be billed at the per diem rate of $65.
City of Victorville
July 06, 2022
Logicalis, Inc.
Quotation # 2022-134502v4
1563
Quotation Acceptance
By signing below, the undersigned accepts this offer and confirms that he/she is authorized to purchase these items on behalf of Customer. This offer may be accepted by purchase order or other acknowledgement of acceptance, including, without limitation, by signing this document. Any reference to a Customer's Purchase Order or P.O. number does not indicate Logicalis' acceptance of terms and conditions referenced on/attached to any such P.O.
Accepted By:
City of Victorville
Accepted By:
Logicalis, Inc.
\s1\
Signature
\s2\
Signature
\n1\
Printed Name
\n2\
Printed Name
\t1\
Title
\t2\
Title
\d1\
Date
\d2\
Date
© 2022 Logicalis, Inc. All trademarks are acknowledged. All rights reserved.
City of Victorville
July 06, 2022
Logicalis, Inc.
Quotation # 2022-134502v4
1564
ATTACHMENT B
NASPO VALUE POINT
MASTER AGREEMENT NO
AP3227
1565
1566
1567
1568
1569
1570
1571
1572
1573
1574
1575
1576
1577
1578
1579
1580
1581
1582
1583
1584
1585
1586
1587
1588
1589
1590
1591
1592
1593
1594
1595
1596
1597
1598
1599
1600
1601
1602
1603
1604
1605
1606
1607
1608
1609
1610
1611
1612
1613
1614
1615
1616
1617
ATTACHMENT C
CISCO PARTICIPATING
ADDENDUM CA 7-20-70-47-
01 1618
STATE OF CALIFORNIA
PARTICIPATING ADDENDUM NUMBER 7-20-70-47-01
DATA COMMUNICATIONS
Utah NASPO ValuePoint Master Agreement Number AR3227
Cisco Systems, Inc. (Contractor)
This Participating Addendum Number 7-20-70-47-01 is entered into between the state of California, Department of General Services (hereafter referred to as “State” or “DGS”) and Cisco Systems, Inc. (hereafter referred to as “Contractor”) under the lead state of Utah NASPO ValuePoint Master Agreement Number AR3227.
1. SCOPE
A. This Participating Addendum covers the purchase of Data Communications products and associated services under the Utah NASPO ValuePoint Master Agreement. The Utah NASPO ValuePoint Master Agreement Number AR3227 is hereby incorporated by reference. Product/service categories included under this Participating Addendum are identified in Section 5 (Available Products and Services).
B. This Participating Addendum is available for use by California state agencies and local governments. A local government is defined as any city, county, city and county, district, or other local governmental body, school district or corporation empowered to expend public funds. The State Agency Listing (https://www.ca.gov/agenciesall/) provides a comprehensive list of state agencies.
C. Each local government is to make its own determination whether this Participating Addendum and the Utah NASPO ValuePoint Master Agreement are consistent with its procurement policies and regulations.
2. TERM
A. The term of this Participating Addendum shall begin June 1, 2021, or upon signature approval by the State, whichever is later and will end September 30, 2024, or upon termination by the State, whichever occurs first.
B. Lead State amendments to extend the NASPO ValuePoint Master Agreement term date are not automatically incorporated into this Participating Addendum.
Extension(s) to the term of this Participating Addendum will be through a written amendment upon mutual agreement between the State and the Contractor.
C. Order placement and execution shall be on or before the expiration of this Participating Addendum. However, delivery of products or completion of services may be after the Participating Addendum expiration date. 1619
Participating Addendum 7-20-70-47-01
3. TERMS AND CONDITIONS/INCORPORATION OF DOCUMENTS
A. Terms and conditions listed below are hereby incorporated by reference and made a part of this Participating Addendum as if attached herein and shall apply to the purchase of goods or services made under this Participating Addendum. 1) General Provisions – Information Technology (GSPD-401IT) effective 9/5/2014. This document can be viewed on the DGS Procurement Division website (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement- Division-Resources-List-Folder/Model-Contract-Language). 2) Cloud Computing Software as a Service (SaaS) General Provisions effective 6/7/2019. This document can be viewed on the DGS Procurement Division website (https://www.dgs.ca.gov/PD/Resources/Page- Content/Procurement- Division-Resources-List-Folder/Model-Contract- Language). 3) Cloud Computing Special Provisions for Software as a Service (SaaS) effective 03/15/18. This document can be viewed on the DGS Procurement Division website (https://www.dgs.ca.gov/PD/Resources/Page- Content/Procurement-Division-Resources-List-Folder/Model-Contract- Language).
4. ORDER OF PRECEDENCE
A. In the event of any inconsistency between the articles, attachments, or provisions which constitute this agreement, the following descending order of precedence shall apply:
1) California Participating Addendum Number 7-20-70-47-01 2) Utah NASPO ValuePoint Master Agreement Number AR3227
5. AVAILABLE PRODUCTS AND SERVICES
A. The following product and service categories are listed in the Utah NASPO ValuePoint Master Agreement AR3227:
1) Category 1.1 Unified Communications
2) Category 1.2 Networking
3) Category 1.3 Routers, Switches, Security, and Storage Networking 4) Category 1.4 Wireless
5) Category 1.5 Facility Management, Monitoring, and Control 6) Category 2.1 Maintenance Services
7) Category 2.2 Professional Services
8) Category 2.3 Partner Services
9) Category 2.4 Training
1620
Participating Addendum 7-20-70-47-01
6. RESTRICTIONS/DISALLOWED PRODUCTS AND SERVICES (STATE
AGENCIES ONLY)
A. The following product and service offerings are prohibited for state agencies under this Participating Addendum.
1) Leasing (Note: State agencies may utilize financing available through DGS-PD GS $Mart program.)
These restrictions are not applicable to local governments.
B. Products and services that are available on the California Network and Telecommunications (CALNET) Program and mandatory California statewide contracts cannot be purchased from this Participating Addendum by non-exempt state agencies without an exemption.
State agencies are responsible for contacting the California Department of Technology (CDT) for CALNET contract exemptions and the DGS Procurement Division for mandatory statewide contract exemptions in accordance with the published User Instructions prior to issuing a purchase order.
This restriction is not applicable to local governments.
C. Services that fall within the definition of “public works” as defined in Public Contract Code, Section 1101 and Labor Code Section 1720 are disallowed under this cooperative agreement and must be procured by alternate means.
This restriction is not applicable to local governments.
7. PRICING
Contractor is responsible for maintaining a current price list of available products and services on the NASPO ValuePoint Data Communications 2019-2026 website.
8. AUTHORIZED RESELLERS
A. Contractor may use State-approved Authorized Resellers under this Participating Addendum for sales and service functions as defined herein. 1) Authorized Resellers must accept purchase orders and accept payment from ordering agencies for products and services offered under this Participating Addendum.
2) Authorized Resellers are responsible for sending a copy of all purchase orders and invoices to the Contractor for compliance with quarterly usage reporting and administrative fee requirements.
1621
Participating Addendum 7-20-70-47-01
3) All purchase documents to Authorized Resellers shall reference the Participating Addendum Number and Contractor Name.
B. Contractor shall be responsible for successful performance and compliance with all requirements in accordance with the terms and conditions under this Participating Addendum, even if work is performed by Authorized Resellers. All State policies, guidelines, and requirements shall apply to Authorized Resellers.
C. Contractor will be the sole point of contact with regard to Participating Addendum contractual matters, reporting, and administrative fee requirements.
D. Subject to the approval of the State, Authorized Resellers may be added on a quarterly basis during the term of the contract. Contractors shall notify the State of any deleted Authorized Resellers or changes to current Authorized Resellers’ contact information in writing at any time during the contract term.
E. Contractor will be required to submit Authorized Reseller requests, in a format specified by the State, to the State Contract Administrator for approval.
F. State-approved Authorized Resellers will be posted on the State’s Cal eProcure website.
9. SUBCONTRACTORS
A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve Contractor of its responsibilities and obligations hereunder. Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. Contractor's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Contractor.
B. Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted except for subcontractors listed on the Bidder Declaration (GSPD-05-105) provided to ordering agencies at the time an order is quoted.
C. As the prime contractor, Contractor is responsible for reports and fees required by the terms and conditions of the NASPO ValuePoint Master Agreement and State Participating Addendum.
D. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to subcontractors.
1622
Participating Addendum 7-20-70-47-01
10.ORDERING AGENCY RESPONSIBILITIES
A. State agency and local government use of this Participating Addendum is optional.
B. State agencies and local governments must follow the ordering procedures outlined within the User Instructions guide, administered by the State Contract Administrator, to execute orders against this Participating Addendum. User Instructions are posted on the State’s Cal eProcure website.
11. STATE AGENCY BUY RECYCLED CAMPAIGN (SABRC)
A. State agencies are required to report purchases made within the eleven product categories in the California Department of Resources Recycling and Recovery’s State Agency Buy Recycled Campaign (SABRC) per Public Contract Code sections 12200-12217.
B. Contractor will be required to complete and return a Recycled-Content Certification form (https://www.calrecycle.ca.gov/contracts/forms) upon request by a state agency.
12.DELIVERY
A. Delivery shall occur within 30 days after receipt of order, or as negotiated between ordering agency and Contractor and included in the purchase order, or as otherwise stipulated in the NASPO ValuePoint Master Agreement.
B. Free On Board (F.O.B.) Destination to the ordering agency’s receiving point.
13. INVOICING AND PAYMENT
A. Payment terms for this Participating Addendum are net 45 days. Payment will be made in accordance with IT General Provisions Paragraph 30 (Required Payment Date).
B. Invoices shall be sent to the address identified in the ordering agency’s purchase order. The State Participating Addendum Number and ordering agency purchase order number shall appear on each invoice for all purchases placed under this Participating Addendum.
C. Contractor will accept the state of California credit card (CAL-Card) for payment of invoices.
14. USAGE REPORTING
A. Contractor shall submit usage reports on a quarterly basis to the State Contract Administrator for all California entity purchases using the report template 1623
Participating Addendum 7-20-70-47-01
attached hereto as Attachment A. The report is due even when there is no activity.
B. The DGS Contract Administrator reserves the right to modify Attachment A and require Contractor to provide additional order information during the course of this Agreement.
C. The report shall be an Excel spreadsheet transmitted electronically to the DGS Cooperatives mailbox ([email protected]).
D. Any report that does not follow the required format or that excludes information will be deemed incomplete. Contractor will be responsible for submitting corrected reports within five business days of the date of written notification from the State.
E. Tax must not be included in the report, even if it is on the purchase order.
F. Reports are due for each quarter as follows:
Reporting Period Due Date
January 1 to March 31 April 30
April 1 to June 30 July 31
July 1 to September 30 October 31
October 1 to December 31 January 31
G. Failure to meet reporting requirements and submit the reports on a timely basis shall constitute grounds for suspension of this contract.
H. Time extensions may be approved only if all due reports have been submitted to the State.
15. ADMINISTRATIVE FEE
A. Contractor shall submit a check, payable to the State of California, remitted to the Cooperative Agreement Unit for the calculated amount equal to 1.25% of the sales for the quarterly period.
B. Contractor must include the Participating Addendum Number on the check.
Those checks submitted to the State without the Participating Addendum Number will be returned to Contractor for additional identifying information.
C. Administrative fee checks shall be submitted to:
State of California
Department of General Services, Procurement Division
Attention: Cooperative Agreement Program
707 3rd Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
1624
Participating Addendum 7-20-70-47-01
D. The administrative fee shall not be included as an adjustment to Contractor’s NASPO ValuePoint Master Agreement pricing.
E. The administrative fee shall not be invoiced or charged to the ordering agency.
F. Payment of the administrative fee is due irrespective of payment status on orders or service contracts from a purchasing entity.
G. Administrative fee checks are due for each quarter as follows:
Reporting Period Due Date
January 1 to March 31 April 30
April 1 to June 30 July 31
July 1 to September 30 October 31
October 1 to December 31 January 31
H. Failure to meet administrative fee requirements and submit fees on a timely basis shall constitute grounds for suspension of this contract.
16.CONTRACT MANAGEMENT
A. The primary Contractor Contract Manager for this Participating Addendum shall be as follows:
Contractor Contract Manager
Name: Jumana Dihu
Phone: (773) 269-6397
Email [email protected]
Address: Cisco Systems, Inc.
Attn: Jumana Dihu
170 West Tasman Dr.
San Jose, CA 95134
B. The State Contract Administrator for this Participating Addendum shall be as follows:
State Contract Administrator
Name: Julie Matthews
Phone: (916) 375-4612
Email [email protected]
1625
Participating Addendum 7-20-70-47-01
State Contract Administrator
Address: State of California
Department of General Services
Procurement Division
707 Third Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
C. Should the contact information for either party change, the party will provide written notice with updated information no later than ten business days after the change.
17.TERMINATION OF AGREEMENT
The State may terminate this Participating Addendum at any time upon 30 days prior written notice to the Contractor. Upon termination or other expiration of this Participating Addendum, each party will assist the other party in orderly termination of the Participating Addendum and the transfer of all assets, tangible and intangible, as may facilitate the orderly, non-disrupted business continuation of each party.
This provision shall not relieve the Contractor of the obligation to perform under any purchase order or other similar ordering document executed prior to the termination becoming effective.
18.AMENDMENT
No amendment or variation of the terms of this Participating Addendum shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the Participating Addendum is binding on any of the parties.
19.AGREEMENT
A. This Participating Addendum and the Master Agreement together with its exhibits and/or amendments, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof.
Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Participating Addendum and the Master Agreement, together with its exhibits and/or amendments, shall not be added to or incorporated into this Participating Addendum or the Master Agreement and its exhibits and/or amendments, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected.
The terms and conditions of this Participating Addendum and the Master Agreement and its exhibits and/or amendments shall prevail and govern in the case of any such inconsistent or additional terms.
1626
Participating Addendum 7-20-70-47-01
B. By signing below Contractor agrees to offer the same products/and or services as on the Utah NASPO ValuePoint Master Agreement Number AR3227, at prices equal to or lower than the prices on that contract.
C. IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below.
STATE OF CALIFORNIA
Department of General Services
CONTRACTOR
Cisco Systems, Inc.
Agency Name Contractor Name
Authorized Signature Date Signed Authorized Signature Date Signed Printed Name/Title of Person Signing Printed Name/Title of Person Signing 707 Third Street
West Sacramento, CA 95605
170 West Tasman Dr.
San Jose, CA 95134
Address Address
5/28/21
Stephanne Lim, MAU2 Supervisor
1627
THIS PAGE LEFT
BLANK
INTENTIONALLY
1628
Item Number: 22
City Council / Board of Directors
Written Communications
Meeting of: July 19, 2022
Submitted By:
Keith C. Metzler, City Manager
Subject:
High Desert Corridor Joint Powers Agency
Recommendation:
That Your Honorable City Council:
(1) Adopt Resolution No. 22-030 approving the Joint Powers Agreement Creating the High Desert Corridor Joint Powers Agency between the County of Los Angeles, Los Angeles County Metropolitan Transportation Authority, City of Adelanto, City of Lancaster, City of Palmdale, and City of Victorville; and (2) Appoint a Councilmember to the Board of Directors of the High Desert Corridor Joint Powers Agency; and
(3) Appoint a second Councilmember as an alternate delegate to the Board of Directors of the High Desert Corridor Joint Powers Agency.
Fiscal Impact:
There is no fiscal impact associated with this item.
Background:
The High Desert Corridor (HDC) Joint Powers Authority (JPA) was originally formed in 2006 with two members; the County of San Bernardino and the County of Los Angeles, who appointed Board of Directors from the Cities of Adelanto, Apple Valley, Victorville, Lancaster and Palmdale. The JPA was created to pursue funding and provide for the planning, design, construction, financing, operation, and maintenance of a new freeway/expressway known as the HDC between the County of Los Angeles in the vicinity of the Cities of Lancaster and Palmdale and the County of San Bernardino in the vicinity of the Cities of Victorville, Apple Valley and Adelanto.
The Authority is a project specific JPA formed to develop transportation options between the Antelope Valley (Los Angeles County) and Victor Valley (San Bernardino County), namely, a new freeway/expressway linking SR14 and I-15. In 2016, the HDC project 1629
2 6
8 9
received CEQA (California Environmental Quality Act) clearance and determined the Locally Preferred Alternative would be a multi-modal corridor with a highway and high- speed rail line in the median connecting the counties of Los Angeles and San Bernardino.
In 2020, partly due to litigation and funding issues, the California Department of Transportation (Caltrans) eliminated the highway portion of the HDC but allowed for the possibility of it being pursued again at a later time. The San Bernardino County Transportation Commission, Los Angeles County Metropolitan Transportation Authority (LA METRO) and Caltrans District 7/8 are currently studying a four-lane continuous highway connecting the two valleys along the SR138/SR18 route. Although the highway portion is underway, the high-speed rail line is being pursued for federal and state environmental clearance. The high-speed rail line would link the state high-speed rail station in Palmdale with an anticipated station in Apple Valley. Additionally, the Apple Valley station would connect to the planned Express West high-speed rail line to Las Vegas pursued by private enterprise Brightline West. Currently, the HDC Rail project is in the federal NEPA (National Environmental Policy Act) environmental process under the direction of the Federal Railroad Administration and a Record of Decision is anticipated to be completed in late 2022/early 2023.
Discussion:
On March 1, 2022, the County of San Bernardino voted to withdraw its membership from the current HDC JPA effective June 30, 2022. The existing HDC was dissolved July 1, 2022, but will remain open to continue to wind-down the affairs of the current Authority.
The revised JPA eliminates San Bernardino County as a member and creates a new partnership between the remaining agencies to complete the federal and state environmental process.
The agreement for this new joint powers authority eliminates San Bernardino County as a member, and includes the City of Victorville as a member along with Los Angeles County, LA Metro, City of Lancaster, City of Palmdale, and City of Adelanto.
Notwithstanding the anticipated station connecting to Apple Valley, the Town of Apple Valley has declined membership to the HDC JPA at this time. Each member agency will appoint a representative to the Agency’s Board of Directors with each Director receiving one vote.
Thus far, Los Angeles County, City of Adelanto and City of Lancaster have approved their membership in the HDC JPA. The City of Palmdale is expected to vote on this agreement on July 20, 2022 and LA Metro is scheduled to place this agreement on the August 25, 2022 agenda. Once fully executed, the County Counsel of Los Angeles County will serve as the Agency’s legal advisor, the Auditor-Controller of Los Angeles County will serve as the Agency’s auditor and the Treasurer of the County of Los Angeles will serve as the Agency’s Treasurer.
Staff recommends that the Honorable City Council adopt Resolution No.22-030 approving the Joint Powers Agreement Creating the High Desert Corridor Joint Powers Agency between the County of Los Angeles, Los Angeles County Metropolitan Transportation Authority, City of Adelanto, City of Lancaster, City of Palmdale, and City of Victorville. 1630
2 6
8 9
Attachments: A. Resolution No. 22-030
1631
ATTACHMENT A
RESOLUTION NO. 22-030
1632
RESOLUTION NO. 22-030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE
APPROVING THE HIGH DESERT CORRIDOR JOINT POWERS AGENCY BETWEEN
THE CITY OF VICTORVILLE, COUNTY OF LOS ANGELES, LOS ANGELES
COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, CITY OF ADELANTO,
CITY OF LANCASTER, AND CITY OF PALMDALE
WHEREAS, the City of Victorville (“City”) is a municipal corporation and chartered city duly organized and existing under and pursuant to the laws of the State of California; and
WHEREAS, the City, acting pursuant to Article I (commencing with section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code (the Joint Exercise of Powers Act), may enter into a joint exercise of powers agreement with one or more other public agencies pursuant to which such contracting parties may jointly exercise any power common to them and, pursuant to section 6588 of the California Government Code, to exercise certain additional powers; and
WHEREAS, under the Joint Exercise of Powers Act, public agencies may create an agency or entity with specified powers, including, without limitation: to make and enter contracts, and to acquire, hold and dispose of property; and
WHEREAS, there has been presented to this meeting a proposed Joint Powers Agreement Creating the High Desert Corridor Joint Powers Agency (the “Agency”) by and Among the County of Los Angeles, Los Angeles County Metropolitan Transportation Authority, the City of Lancaster, the City of Palmdale, the City of Victorville, and the City of Adelanto (the “Agreement”); and
WHEREAS, under California law and the Agreement, the Agency will be a public entity separate and apart from the City of Victorville and the parties to the Agreement, and the debts, liabilities and obligations of the Agency will not be the debts, liabilities or obligations of the City or any representative of the City serving on the governing body of the Agency;
WHEREAS, the Agency will succeed the preexisting High Desert Corridor Joint Powers Authority, a joint powers authority consisting of San Bernardino and Los Angeles counties, which was dissolved on July 1, 2022 due to the withdrawal of the County of San Bernardino; and
WHEREAS, the Agency, upon creation, would be a project -specific government agency formed to pursue funding and provide for the planning, design, construction, financing, operation, and maintenance of a high- speed rail line, and other potential transportation options, between the City of Palmdale and the City of Apple Valley and running through the City of Victorville; and
1633
WHEREAS, the City seeks representation on the Agency’s Board of Directors
NOW, THEREFORE, THE C ITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The recitals set forth above are true and correct and are incorporated into this Resolution by reference, together with any definitions and findings set forth therein.
SECTION 2. The Ci ty Council hereby approves the Joint Powers Agreement Creating the High Desert Corridor Joint Powers Agency by and Among the County of Los Angeles, Los Angeles County Metropolitan Transportation Authority, the City of Lancaster, the City of Palmdale, the City of Victorville, and the City of Adelanto (the “Agreement”) attached hereto as Exhibit A , and the establishment of the High Desert Corridor Joint Powers Agency (HDCJPA) described therein.
SECTION 3. The City Council hereby approves the City of Victorville becoming a member of the High Desert Corridor Joint Powers Agency.
SECTION 4. The City Council authorizes an appointment be made on behalf of the City to the Board of Directors of the High Desert Corridor Joint Powers Agency.
SECTION 5 . The C ity Council hereby authorizes the City Manager to execute the Agreement and all other necessary documents required to facilitate the City’s membership in the Agency and its appointment to the HDCJPA Board of Directors.
SECTION 6. This Resolution shall take effect immediately upon its adoption.
SECTION 7. The City Clerk of the City of Victorville shall certify to the passage and adoption of this Resolution and its approvals by the City Council and shall cause the same to be listed in the records of the City.
1634
Exhibit A
Joint Powers Agreement
1635
JOINT POWERS AGREEMENT
THE HIGH DESERT CORRIDOR JOINT POWERS AGENCY
BY AND AMONG
THE COUNTY OF LOS ANGELES, LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY, THE
CITY OF LANCASTER, THE CITY OF PALMDALE, THE
CITY OF VICTORVILLE, THE CITY OF ADELANTO, AND
THE CITY OF APPLE VALLEY
1636
HIGH DESERT CORRIDOR JOINT POWERS AGENCY
JOINT POWERS AGREEMENT
This JOINT POWERS AGREEMENT, made in accordance with Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (commencing with Section 6500), as amended and supplemented from time to time (the "Act"), for convenience dated as July 19, 2022, by and among the COUNTY OF LOS ANGELES,
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, CITY OF LANCASTER, CITY OF PALMDALE, CITY OF VICTORVILLE, CITY OF ADELANTO, a nd CITY OF APPLE VALLEY, each of which is a body corporate and politic and a political subdivision of the State of California (the "State”) (referred to collectively as “Members”).
RECITALS:
WHEREAS, pursuant to the Act, the agency created under this Agreement (as defined herein) shall possess such common powers of the Members, and may exercise such powers, as specified in this Agreement and to exercise the additional powers granted to it pursuant to the Act;
WHEREAS, by this Agreement, each Member desires to create and establish the High Desert Corridor Joint Powers Agency for the purposes set forth herein and to exercise the powers provided herein;
WHEREAS, the High Desert Corridor Joint Powers Authority, ("Predecessor JPA"),was created between Los Angeles County and San Bernardino County in November 2006, and shall be dissolved effective July 1, 2022;
WHEREAS, it is the intent of the Members that, to the fullest extent possible, the High Desert Corridor Joint Powers Agency shall be the successor in interest in all ways to the Predecessor JPA, and any other mechanisms or sources with which the Predecessor JPA was funded and any other obligations or benefits derived therefrom, including, without limitation, the proposed April 14, 2022, Funding Agreement between Predecessor JPA and the Los Angeles County Metropolitan Transportation Authority for the High Desert Intercity Rail Corridor Environmental Work, Surface, Transportation Board Filing, and Predecessor JPA Administration costs.
NOW, THEREFORE, the Members, for and in consideration of the mutual agreements and covenants contained herein, do agree as follows:
ARTICLE I
DEFINITIONS
Section 1.01. Definitions. Unless the context otherwise requires, the words and terms defined in this Article I shall, for the purpose hereof, have the meanings herein specified.
“Act” means the Joint Exercise of Powers Act, Articles 1 through 4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the California Government Code.
"Agency" shall mean the High Desert Corridor Joint Powers Agency, the separate agency created by this Agreement.
“Agreement” means this Joint Powers Agreement as the same now exists and as it may from time 1637
to time be amended.
“Board” means the Board of Directors of the Agency created by this Agreement.
"Brown Act" means the Ralph M. Brown Act (Chapter 9 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (Sections 54950 to 54961), and any successor legislation hereinafter enacted.
“Director(s)” means the person(s) appointed to the Board pursuant to Section 2.03.
“Fiscal Year” means the calendar period from July 1
st to and including the following June 30 th,
unless and until changed by a resolution of the Agency.
“Member” means each of the County of Los Angeles, Los Angeles County Metropolitan Transportation Agency, City of Lancaster, City of Palmdale, City of Victorville, City of Adelanto, and City of Apple Valley.
“Members” means all of the Member agencies collectively.
"Predecessor JPA" means the High Desert Corridor Joint Powers Authority.
“PTAC” means the Policy and Technical Advisory Committee.
“State” means the State of California.
ARTICLE II
GENERAL PROVISIONS REGARDING
PURPOSE, CREATION AND OPERATION OF THE AGENCY
Section 2.01. Purpose. In accordance with Section 6503 of the Act, the purpose of this Agreement is to provide for the exercise of powers common to each Member, including but not limited to, the creation of the Agency to provide for the financing, planning, design, construction, operation and maintenance of public and/or private transportation and utility corridor(s) (Corridor) from Los Angeles County in the vicinity of the Cities of Palmdale and/or Lancaster to San Bernardino County in the vicinity of the Cities of Victorville, Apple Valley and Adelanto. The activities contemplated by this Agreement include all manner and modes of surface transportation and all manner and modes of utilities including pipelines and conduits, and those substances that may be feasibly conveyed by such.
The Agency is intended to be the successor in interest, to the fullest extent possible, to the High Desert Corridor Joint Powers Authority, which shall be dissolved as of July, 1, 2022.
Section 2.02. Term. This Agreement shall become effective when it has been approved by each of the Members. This Agreement shall continue in full force and effect until terminated by mutual consent of the Members.
Section 2.03. Board of Directors. The Agency shall be governed by a Board of Directors (Board), with each Director receiving one vote. The Board shall be comprised of seven Directors designated as follows:
A. The County of Los Angeles shall be represented by its Fifth District Supervisor.
B. Los Angeles County Metropolitan Transportation Authority (“Metro”) shall be represented by the sitting Metro Board Director representing the Northern Los Angeles County Cities Sector seat.
1638
C. The City of Lancaster shall be represented by an individual selected by the Lancaster Cit y Council.
D. The City of Palmdale shall be represented by an individual selected by the Palmdale City Council.
E. The City of Victorville shall be represented by an individual selected by the Victorville City Council.
F. The City of Adelanto shall be represented by an individual selected by the Adelanto City Council.
G. The City of Apple Valley shall be represented by an individual selected by the Apple Valley City Council.
Section 2.04. Alternates. Except as provided below, each Member shall appoint an alternate (Alternate) for its Director. The Alternate for Los Angeles County’s Fifth District Supervisor shall be nominated by the Fifth District Supervisor and approved by the County of Los Angeles Board of Supervisors. The Alternate for Metro shall be nominated by the sitting Metro Board Director representing the Northern Los Angeles County Cities Sector seat and approved by the Metro Board of Directors.
Section 2.05. Term of Board of Directors. Each Director and Alternate shall serve at the pleasure of his or her appointing authority.
Section 2.06. Meetings. All meetings of the Board shall be called, noticed, held, and conducted subject to the provisions of the Brown Act. The Board shall meet a minimum of one time per year.
The meeting shall take place at a location determined by the Board, but the location must be within the jurisdictional boundaries of either the County of Los Angeles or the County of San Bernardino.
Section 2.07. Minutes. The Secretary shall cause to be kept minutes of the meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director of the Board, committee members of the PTAC, and the Clerk of the Board of Supervisors, or governing body of each Member.
Section 2.08. Quorum. A majority of the Board shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. The affirmative votes of at least a majority of the Directors present at any meeting at which a quorum is present shall be required to take any action by the Board.
Section 2.09. Bylaws. The Board may adopt Bylaws for the conduct of business and as are necessary for the purposes hereof. The Board may adopt additional resolutions, rules, regulations, and policies for the conduct of its business and as are necessary for the purposes hereof in a manner consistent with this Agreement and the Bylaws.
Section 2.10. Annual Budget. The Board shall adopt an annual budget for each fiscal year. The Bylaws may further provide for the presentation and content of the budget.
Section 2.11. Annual Operational and Fiscal Report. The Board shall cause an annual operational report and annual fiscal report to be prepared and provided to each Member.
Section 2.12. Enlargement of the Board of Directors. The Board may increase the number of Directors on the Board from seven Directors by approval by all Directors following ratification by the governing body of each Member.
1639
ARTICLE III
OFFICERS AND EMPLOYEES
Section 3.01. Chair and Vice- Chair. The Board of Directors shall elect from among its Members, a Chair and First and Second Vice-Chairs. The Chair shall sign all contracts on behalf of the Agency, except as otherwise set forth in this Agreement, and shall perform such other duties as may be imposed by the Board in the Bylaws. The First Vice-Chair shall sign contracts and perform all of the Chair’s duties in the absence of the Chair, unless the Bylaws of the Agency provide otherwise. The duties of the Second Vice-Chair may be set forth in the Bylaws. Elections for such officers shall be held each year at a regular or special meeting of the Board with terms running concurrent with the Agency’s Fiscal Year. The term of office shall be the Fiscal Year or until a successor is elected.
Section 3.02. Secretary. The Board shall appoint a Secretary to the Board. The Secretary shall serve at the pleasure of the Board. The Secretary shall countersign all contracts signed by the Chair or Vice -Chair on behalf of the Agency, unless the Bylaws of the Agency provide otherwise.
The Secretary shall cause a notice of this Agreement to be filed with the California Secretary of State pursuant to Section 6503.5 of the Act and Section 53051 of the California Government Code. The Secretary shall be responsible to the Board for the call, noticing and conduct of the meetings pursuant to the Ralph M. Brown Act (Section 54950 et seq. of the California Government Code). The Board may further provide for the duties and responsibilities of the Secretary in the Bylaws.
Section 3.03. Treasurer. Pursuant to Section 6505.5 of the Act, the Treasurer of the County of Los Angeles shall serve as the Treasurer of the Agency, unless and until otherwise determined by the Agency. The Treasurer shall be the depository, shall have custody of all of the accounts, funds and money of the Agency from whatever source, shall have the duties and obligations set forth in Sections 6505 and 6505.5 of the Act, and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the Agency. The bond of the Treasurer under this Agreement shall be his official bond as the Treasurer of the County of Los Angeles and no additional bond will be required. The monies of the Agency shall be accounted for separately and invested in the same manner and upon the same conditions as local agencies pursuant to Section 53601 of the Government Code, including but not limited to investment in the County treasury pool of Los Angeles County.
Section 3.04. Contract With Certified Public Accountant . The Auditor-Controller of Los Angeles County shall serve as the Auditor of the Agency, unless and until otherwise determined by the Agency. As required by Section 6505 of the Act, the Auditor shall make arrangements or contract with a certified public accountant or firm of certified public accountants for the annual audit of accounts and records of the Agency. In each case, the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally -accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant, a report thereof shall be filed with each Member and each officer of the Agency. Such a report shall be filed within six months of the end of the fiscal year under examination. Any costs of the audit, including contracts with, or employment of, certified public accountants in making an audit pursuant to this section, shall be borne by the Agency and shall be a charge against any unencumbered funds of the Agency available for that purpose.
Section 3.05. Officers in Charge of Records, Funds and Accounts. Pursuant to Sections 6505.1 of the Act, the Treasurer shall have charge of, handle, and have access to all accounts, funds and money of the Agency and all records of the Agency relating thereto. The Secretary shall have charge of, handle, and have access to all other records of the Agency.
Section 3.06. Legal Advisor. The County Counsel of Los Angeles County ("County Counsel") 1640
shall serve as legal advisor and counsel to the Agency. County Counsel may consult with counsel for the other Members as necessary, or as directed.
Section 3.07. Other Employees. The Board shall have the power by adoption of Bylaws to appoint and employ such other employees, consultants, and independent contractors as may be necessary for the purpose of this Agreement.
Section 3.08. Officers and Employees of the Agency. As required by Section 6513 of the Act, all of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers’ compensation, and other benefits that apply to the activities of officers, agents, or employees of a public agency when performing their respective functions shall apply to the officers, agents, or employees of the Agency to the same degree and extent while engaged in the performance of any of the functions and other duties of such offices, agents, or employees under this Agreement with no additional compensation. None of the officers, agents, or employees directly employed by the Board shall be deemed, by reason of their employment by the Board, to be employed by any of the Members or, by reason of their employment by the Board, to be subject to any of the requirements of the Members.
ARTICLE IV
POWERS
Section 4.01. Creation of a Separate Legal Entity. As required in the Act, the Agency shall be a public entity separate from each of the Members in accordance with the meaning of California Government Code section 6503.5. Accordingly, there is hereby created a separate legal entity, which shall exercise its powers in accordanc e with the provision of this Agreement and applicable law.
Section 4.02. General Powers. The Agency shall exercise, in the manner herein provided, the powers that are common to each of the Members, or as otherwise permitted under the Act, and as is necessary to the accomplishment of the purpose, as provided in Section 2.01, Purpose, of this Agreement.
Section 4.03. Specific Powers. The Agency is hereby authorized, in its own name, to do all acts necessary for the exercise of the foregoing general powers, including but not limited to, any or all of the following:
(a) to make and enter into contracts;
(b) to employ agents or employees;
(c) to sue and be sued in its own name;
(d) to acquire, by negotiated purchase or condemnation, construct, manage, maintain or operate any property, building, works, or improvements;
(e) to acquire, by negotiated purchase or condemnation, hold or dispose of property;
(f) to incur debts, liabilities or obligations, provided that no such debt, liability, or obligation shall constitute a debt, liability or obligation of the Members;
(g) to apply for, accept, receive and disburse grants, loans and other aids from any agency of the United States of America or of the State;
1641
(h) to invest any money in the treasury pool as indicated in Section 3.03 of this Agreement; and
(i) to carry out and enforce all the provisions of this Agreement.
Section 4.04. Restrictions on Powers. Pursuant to Section 6509 of the Act, the above powers shall be subject to the restrictions upon the manner of exercising the power of one of the Members, which is designated as County of Los Angeles.
Section 4.05. Obligations of Agency. The debts, liabilities and obligations of the Agency shall not be the debts, liabilities and obligations of the Members.
Section 4.06. Successor in Interest to Predecessor JPA. It is the intent of the Members that, to the fullest extent possible, the High Desert Corridor Joint Powers Agency shall be the successor in interest in all ways to the Predecessor JPA, and any other mechanisms or sources with which the Predecessor JPA was funded and any other obligations or benefits derived therefrom, including, without limitation, the proposed April 14, 2022, Funding Agreement between Predecessor JPA and the Los Angeles County Metropolitan Transportation Authority for the High Desert Intercity Rail Corridor Environmental Work, Surface, Transportation Board Filing, and Predecessor JPA Administration costs.
ARTICLE V
POLICY AND TECHNICAL ADVISORY COMMITTEE
Section 5.01. Creation of Committee. There shall exist in the Agency a committee named the Policy and Technical Advisory Committee (PTAC). There shall be fourteen voting members of the PTAC who shall be appointed as follows: two each by the Members.
Section 5.02. Other Agencies. The PTAC may include other non-voting agencies that the Board may deem appropriate, including but not limited to Caltrans, San Bernardino Associated Governments, etc.
Section 5.03. Duties. The PTAC shall provide advice on policy and technical issues to the Board and have such other and further duties as may be set forth in the Bylaws.
ARTICLE VI
CONTRIBUTIONS, ASSETS AND DISTRIBUTION UPON TERMINATION
Section 6.01. Contributions. The Members may make contributions from their treasuries for the purpose set forth in Section 2.01, Purpose, make payments of public funds to defray the cost of such purpose, make advances of public funds for such purpose, and/or use their personnel, equipment, or property in lieu of contributions or advances. The provisions of Section 6512.1 of the Act are hereby incorporated into this Agreement by reference.
Section 6.02. Distribution of Assets upon Termination. Upon termination of this Agreement and after resolution of all debts, liabilities and obligations, all money and other property, both real and personal, of the Agency shall, pursuant to Sections 6511 and 6512 of the Act, be divided among the Members proportional to the contributions made by the respective Members.
1642
ARTICLE VII
LIABILITY, INDEMNIFICATION AND INSURANCE
Section 7.01. Agency Liability and Indemnification. The debts, liabilities, and obligations of the Agency shall not be the debts, liabilities, and obligations of the Members. The Board of Directors of the Agency, and the officers, employees, and staff of the Agency shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. They shall not be liable for any mistakes of judgment or any other action made, taken, or omitted by them in good faith, including without limitation, investment of Agency funds, or failure to invest. No member of the Board of Directors, and no officer or employee of the Agency, shall be responsible for any action taken or omitted by any other director, officer or employee. No director, officer or employee shall be required to give a bond or other security to guarantee the faithful performance of his or her duties pursuant to this Agreement, except as otherwise provided in Section 3.03. The Agency shall indemnify, defend, and hold harmless the individual Board of Director members, and the Agency's officers and employees from any and all claims, actions, losses, damages, and/or liability arising from any actions or omissions taken lawfully and in good faith pursuant to this Agreement. The Agency shall indemnify, defend, and hold harmless each of the Members and their authorized officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising from the Agency’s acts, errors, or omissions and for any costs or expenses incurred by any Member on account of any claim therefor, except where such indemnification is prohibited by law.
Section 7.02. Member Indemnification. Pursuant to the provisions of California Government Code Section 895 et seq., and except as required in Section 7.01, Agency Liability and Indemnification, herein, each Member agrees to defend, indemnify, and hold harmless each other Member from any liability, claim,, or judgment for injury or damages caused by any negligent or wrongful act or omission of any agent, officer, and/or employee of the indemnifying Member that occurs or arises out of the performance of this Agreement.
Section 7.03. Insurance. The Board shall provide for insurance covering liability exposure in an amount as the Board determines necessary to cover risks of activities of the Agency.
Section 7.04. Third Party Beneficiaries. This Agreement and the obligations hereto are not intended to benefit any party other than its Members, except as expressly provided otherwise herein. Only the signatories to this Agreement shall have any rights or causes of action against any party to this Agreement as a result of that party’s performance or non-performance under this Agreement, except as expressly stated in this Agreement.
ARTICLE VIII
MISCELLANEOUS PROVISIONS
Section 8.01. Notices. Notices hereunder shall be in writing and shall be sufficient if addressed to the offices listed below and shall be deemed given upon deposit into the U.S. mail, first class, postage prepaid:
Los Angeles County Fifth District Supervisor
869 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, CA 90012
With a copy to: Los Angeles County Counsel
500 West Temple Street, Suite 648
Los Angeles, CA 90012
1643
• The County of Los Angeles shall be represented by its Fifth District Supervisor. • Los Angeles County Metropolitan Transportation Authority (“Metro”) shall be represented by the sitting Metro Board Director representing the Northern Los Angeles County Cities Sector seat.
• The City of Lancaster shall be represented by an individual selected by the Lancaster City Council.
• The City of Palmdale shall be represented by an individual selected by the Palmdale City Council.
• The City of Victorville shall be represented by an individual selected by the Victorville City Council.
• The City of Adelanto shall be represented by an individual selected by the Adelanto City Council.
• The City of Apple Valley shall be represented by an individual selected by the Apple Valley City Council.
The Members may change the above addresses for notice purposes by written notification as provided above to each of the other Members. Said change of address may be filed with the Bylaws. Meeting notices and general correspondence may be served electronically.
Section 8.02. Law Governing. This Agreement is made in the State of California under the constitution and laws of the State, and is to be so construed.
Section 8.03. Amendments. This Agreement may be amended at any time, or from time to time, by unanimous consent of all Members hereto.
Section 8.04. Severability. Should any part, term, or provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the State, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby.
Section 8.05. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Members, respectively. No Member may assign any right or obligation hereunder without the unanimous consent of all Members.
Section 8.06. Section Headings. All Article a nd Section headings in this Agreement are for convenience of reference only and are not to be construed as modifying or governing the language in the Section referred to or to define or limit the scope of any provision of this Agreement.
Section 8.07. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be deemed an original but all such counterparts shall together constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized officers, and their official seal to be hereto affixed, as of the day and year written.
• Los Angeles County Metropolitan Transportation Authority (“Metro”) shall be represented by the sitting Metro Board Director representing the Northern Los Angeles County Cities Sector seat.
• The City of Lancaster shall be represented by an individual selected by the Lancaster City Council.
• The City of Palmdale shall be represented by an individual selected by the Palmdale City Council.
1644
• The City of Victorville shall be represented by an individual selected by the Victorville City Council.
• The City of Adelanto shall be represented by an individual selected by the Adelanto City Council.
• The City of Apple Valley shall be represented by an individual selected by the Apple Valley City Council.
1645
THIS PAGE LEFT
BLANK
INTENTIONALLY
1646
Item Number: 23
City Council / Board of Directors
Written Communications
Meeting of: July 19, 2022
Submitted By:
Brian Gengler, City Engineer
Subject:
Old Town Street Lighting Update
Recommendation:
That the Honorable City Council receive and file this report.
Fiscal Impact:
There is no fiscal impact that will result from the recommendation, which is to receive and file this report.
Background:
On May 16, 2019, a Citywide (including Old Town) conversion by Southern California Edison (SCE) of street lights to LED was completed. In January of 2020, SCE installed 30 LED street lights in Old Town, all mid-block on existing wood poles. 20 of those locations were on an alley and 10 were on a street. All street intersections in Old Town already previously had an existing street light. Please refer to Attachment A, a map of street lighting in Old Town.
Discussion:
The only remaining street lights in the Old Town area that need to be replaced are the decorative street lights on Seventh St. and D St. All the other streets and alleys in Old Town have adequate street lighting that meets City standards.
Seventh Street
There are 13 decorative street lights on Seventh Street from A St. to D St., which will be removed. Five new standard street lights (cobra head LED fixtures on marbelite poles) will be installed at different spacings (approx.180 ft. apart). The new standard lights will be at A St., C St., and mid-block. There are traffic signals at B St. and D St. which already have standard lighting.
1647
2 7
0 4
The removal of the old street lights and installation of new street lights will be coordinated with a project that will modify and upgrade 5 traffic signals on Seventh Street at: B St., Forrest Ave., Mojave Dr., Victor St., and Lorene St. It is expected that this project will be in construction by the end of FY 22/23. The traffic signal modifications are funded by a $680,500 State Highway Safety Improvement Program grant. There is $100,000 included in the FY 22/23 budget for the new street lights on Seventh Street.
D Street
D St. is State Route 18 and is owned and operated by Caltrans. The street lighting on D St. is within Caltrans right of way. There are 14 decorative street lights on D Street from 2nd St. to Seventh Street. The eventual removal of the decorative street lights and installation of new standard street lights has been planned. There would be 9 new standard street lights at street intersections and mid-block. There are traffic signals at 4th St., Seventh St. (discussed above), and Hesperia Rd. which already have standard lighting.
Staff has been working with SCE on a design for installing the new street lights. SCE had started the design but suspended the work on it due to SCE other priorities. Staff does not have a cost estimate for this project, but an order of magnitude cost is $600,000. This project will be relatively expensive because it is entirely within Caltrans right of way. It is expected that it will be required to install new conduit under existing concrete sidewalk.
The concrete sidewalks will need to be removed and replaced with new concrete.
The Engineering Dept. became aware that Caltrans is planning a pavement reconstruction project on D Street (State Route 18). In May 2022, staff requested that Caltrans incorporate new standard street lighting into the project with a proposed $300,000 City match. Staff is waiting on Caltrans to respond to this request.
Staff is available for any questions the City Council may have.
Attachments: A. Old Town Street Light Map
1648
Attachment A
1649
1650