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City Council/HA

Wednesday, July 20, 2022 · Government meeting record

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[http://www.cityofpalmdale.org](http://www.cityofpalmdale.org/)[https://us06web.zoom.us/j/84856289639?](https://us06web.zoom.us/j/84856289639?)[http://www.cityofpalmdale.org](http://www.cityofpalmdale.org/)

## Page 1 of 7

The Council Chamber is open for in-person public comment and seating. The Mayor

and/or one or more members of the City Council may participate virtually in this meeting.

How to observe the meeting virtually:

1\. Spectrum local access Channel 27

2\. Online live webcast at www.cityofpalmdale.org.

How to Submit Public Comments:

VERBAL PUBLIC COMMENT DURING THE MEETING – ZOOM Number: US: +1 669

444 9171 Webinar ID: 848 5628 9639 Passcode: 110835

Webinar attendee link https://us06web.zoom.us/j/84856289639?

pwd=dU8rUmZ0ekdqRHRLWXZnRWNvQ0ErQT09.

Verbal comments must be limited to three (3) minutes. Public comments submitted will

become part of the official meeting record.

The safety and well-being of employees and the public remains the City's top priority. The

City of Palmdale appreciates your patience and understanding during these challenging

times.

CITY COUNCIL MEETING

HOUSING AUTHORITY

CITY COUNCIL CHAMBERS

38300 SIERRA HIGHWAY

SUITE B

PALMDALE, CA 93550

WEDNESDAY, JULY 20, 2022

5:00 PM

7:00 PM

www.cityofpalmdale.org

WELCOME

City Council Wednesday, July 20, 2022

1

![Page 1 of 7](blob:https://docs.google.com/6ccb6b5d-abf4-4358-bea4-ca9f47823576)

## Page 2 of 7

The City Council is making every effort to follow the spirit and intent of the Brown Act and

other applicable laws regulating the conduct of public meetings in order to maximize

Agenda packet textCity Council/HA — Packet

Showing the first 24,000 of 271,151 characters. The full document is at the source.

The Council Chamber is open for in-person public comment and seating. The Mayor and/or one or more members of the City Council may participate virtually in this meeting. How to observe the meeting virtually: 1. Spectrum local access Channel 27 2. Online live webcast at www.cityofpalmdale.org. How to Submit Public Comments: VERBAL PUBLIC COMMENT DURING THE MEETING – ZOOM Number: US: +1 669 444 9171 Webinar ID: 848 5628 9639 Passcode: 110835 Webinar attendee link https://us06web.zoom.us/j/84856289639? pwd=dU8rUmZ0ekdqRHRLWXZnRWNvQ0ErQT09. Verbal comments must be limited to three (3) minutes. Public comments submitted will become part of the official meeting record. The safety and well-being of employees and the public remains the City's top priority. The City of Palmdale appreciates your patience and understanding during these challenging times. CITY COUNCIL MEETING HOUSING AUTHORITY CITY COUNCIL CHAMBERS 38300 SIERRA HIGHWAY SUITE B PALMDALE, CA 93550 WEDNESDAY, JULY 20, 2022 5:00 PM 7:00 PM www.cityofpalmdale.org WELCOME City Council Wednesday, July 20, 2022

The City Council is making every effort to follow the spirit and intent of the Brown Act and other applicable laws regulating the conduct of public meetings in order to maximize transparency and public access. In accordance with the Americans with Disabilities Act of 1990, if you require a disability- related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (661) 267-5151 at least 72 hours prior to the meeting. If you require oral Spanish translation, please contact the City Clerk’s Office at (661) 267- 5151 at least 72 hours prior to the meeting. Your courtesy is requested to help our meetings run smoothly. If you’ll be kind enough to follow these simple rules, we can make the best possible use of your time and ours: Please refrain from public displays or outbursts, such as unsolicited applause, comments, cheering, foul language or obscenities. Any disruptive activities that substantially interfere with the ability of the City Council to carry out its meeting will not be permitted and offenders will be asked to leave the meeting. Please turn off/mute your cell phones and mobile devices. 5:00 P.M. 1. CALL MEETING TO ORDER 2. ROLL CALL MAYOR/CHAIR HOFBAUER, MAYOR PRO TEM/VICE CHAIR LOA, COUNCILMEMBERS/COMMISSIONERS CARRILLO, BISHOP, BETTENCOURT, FRAGA-SAENZ, DENNY 3. PUBLIC COMMENTS ON CLOSED SESSION ITEMS The public is invited to comment on any closed session item listed below. Please submit a Speaker's Form to the City Clerk BEFORE this portion of the meeting begins. Each person addressing the Council/Authority is customarily given up to three minutes to speak (with double the time allotted to non-English speakers using a translator). The amount of time authorized may be adjusted by the chair. If you wish to provide information to the Council/Authority, please present the City Clerk with 7 copies. Otherwise, your materials will simply be added to the administrative record. If you are attending the meeting by phone, please press *9 to "raise your hand." If attending by personal computer, please click the "raise your hand" button. Press *6 to un-mute yourself, state your name and begin speaking. City Council Wednesday, July 20, 2022

4. PRESENTATION BY CITY ATTORNEY 4.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Community Development Associates, et al. vs. City of Palmdale, et al. Los Angeles Superior Court Case No. 18STCV06968 This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1) 4.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Community Development Associates, et al. vs. Housing Authority of the City of Palmdale, et al. Los Angeles Superior Court Case No. 18STCV06968 This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1) 4.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Leona Valley Town Council vs. City of Palmdale, et al. Los Angeles County Superior Court Case No. 22STCP01932 This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1) 4.4 CONFERENCE WITH LABOR NEGOTIATORS City Representatives: Ronda Perez, Interim City Manager and Patricia Nevarez, Human Resources Manager Position: Interim City Attorney Unrepresented Employee: Scott E. Porter, Interim City Attorney This Closed Session is being held pursuant to the authority of California Government Code Section 54957.6. 4.5 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Ricci v. City of Palmdale, et al. Los Angeles County Superior Court Case No. 22STCV01269 This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1). City Council Wednesday, July 20, 2022

4.6 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Shanae Smith, Patricia Nevarez and Michael "Mike" Behen vs. City of Palmdale, et al. Los Angeles County Superior Court Case No. 22STCV18219 This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1). 4.7 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Government Code Section 54956.9(d)(1). Name of case: John J. Murphy v. City of Palmdale; Los Angeles County Superior Court Case Number: 22STCV22544 Related City Claim Number: 2022-007 5. ANNOUNCEMENT BY CITY ATTORNEY 6. ADJOURN CLOSED SESSION MEETING 7. ADJOURN HOUSING AUTHORITY MEETING 7:00 P.M. 8. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE IN HONOR OF OUR TROOPS 9. ROLL CALL MAYOR HOFBAUER, MAYOR PRO TEM LOA, COUNCILMEMBERS CARRILLO, BISHOP, BETTENCOURT 10. WAIVER OF FULL READING OF RESOLUTION(S) and ORDINANCE(S) Staff Recommendation: Move to waive full reading of the Resolution (s) and/or Ordinance(s) to be considered and voted on at this meeting. (Voice Vote - Requires a majority to waive.) 11. PUBLIC COMMENTS ON LISTED AGENDA ITEMS (EXCLUDING PUBLIC HEARINGS) You may address the Council once per meeting during Public Comments. This portion of the public comment is on any item listed on the agenda, excluding public hearings (if any). Public comment on public hearing items (if any) will be heard when that matter is considered. To address the Council regarding an item on the agenda, please fill out a Speaker's Form and submit it to the City Clerk BEFORE the Mayor announces the item. Each person addressing the Council is customarily given up to three minutes to speak City Council Wednesday, July 20, 2022

(with double the time allotted to non-English speakers using a translator). The amount of time authorized may be adjusted by the chair. If you wish to provide information to the Council, please present the City Clerk with 7 copies. Otherwise, your materials will simply be added to the administrative record. If you are attending the meeting by phone, please press *9 to "raise your hand." If attending by personal computer, please click the "raise your hand" button. Press *6 to un-mute yourself, state your name and begin speaking. 12. CONSENT CALENDAR All matters listed under the Consent Calendar will be enacted by one motion unless an item(s) is pulled by Council, in which case the item(s) will be removed from the Calendar and will be considered separately following this portion of the Agenda. 12.1 Approve Purchase Order No. 20230005 with Nixon-Egli Equipment Company of Southern California for a new 2021 Demo Unit Petersen TL3 Lightning Loader Grapple Truck in an amount not to exceed $224,587. (Staff Reference: Director of Public Works Heffernan) SR Approve Nixon-Egli PO 20230005 Lightning Loader WM.docx 1. Purchase Order No. 20230005 Nixon-Egli Equip. Co..pdf 2. Sourcewell Contract 040621-PII Petersen Industries, Inc..pdf 3. Nixon-Egli Quote 100580 - Petersen TL3.pdf 12.2 Adopt Resolution No. CC2022-079, a Resolution of the City Council of the City of Palmdale adopting the Joint Resolution of the Board of Supervisors of the County of Los Angeles acting on behalf of the Los Angeles County General Fund and the Los Angeles County Consolidated Fire Protection District, the Board of Directors of County Sanitation District No. 14 of Los Angeles County, and the governing bodies of the Antelope Valley Cemetery District, Antelope Valley Resource Conservation District, City of Palmdale, Antelope Valley-East Kern Water Agency, and the Antelope Valley Mosquito and Vector Control District approving and accepting negotiated exchange of property tax revenues resulting from Annexation No. 14-433 to County Sanitation District No. 14. (Staff Reference: Director of Public Works Heffernan) Reso_CC_2022-079_Staff_Report_v2_long(1).doc Reso_CC_2022-079.docx Sanitation District of LA County Transmittal Letter.pdf County Joint Resolution Annex 14-433.pdf Property Tax Transfer Resolution Worksheet.pdf Exhibit A, Annexation Map No 14-433.pdf 12.3 Award construction agreement with R.C. Becker and Son, Inc., for PN 761, Palmdale Civic Center Complete Streets Project, in the amount of $6,405,637 for a term of 12 months from the date of Notice to Proceed. (Staff Reference: Director of Public Works Heffernan - Presented by Deputy Director of Public Works Glidden) City Council Wednesday, July 20, 2022

Staff Report PN 761 - Civic Center Complete streets.docx 13. PUBLIC HEARING 13.1 Public Hearing and Review of Proposed Resolution No. CC 2022-071 for adoption. (Staff Reference: Director of Economic and Community Development Garibay) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING GUN DEALER PERMIT 22-07 FOR PUNG WHEA INC. DOING BUSINESS AS BEEEFT LOCATED AT 550 WEST RANCHO VISTA BOULEVARD, SUITE G Staff Report Beeeft Gun Dealer Permit 7.2022.docx Resolution CC 2022-071 Beeeft Gun Dealer Permit.doc 13.2 Public Hearing and Review of Proposed Resolution No. CC 2022-072 for adoption. (Staff Reference: Director of Economic and Community Development Garibay) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING ENTERTAINMENT PERMIT 22-08 AND DANCE PERMIT 22-09 FOR LOROCCO’S RESTAURANT LOCATED AT 1645 EAST PALMDALE BOULEVARD, SUITES G AND H Staff Report Loroccos Ent_Dance_Permits_7.2022.docx Resolution CC 2022-072 Loroccos Ent_Dance_Permits.doc PowerPoint Loroccos 7-20-2022.pptx 14. APPOINTMENTS 14.1 Removal and Appointment and/or Reappointment of Planning Commissioners. (Staff Reference: Acting City Attorney Porter) SR_-_Making_PC_Appointments_07202022.docx 14.2 Approve Appointment to the Palmdale Aerospace Academy. (Staff Reference: Deputy City Clerk Scott) 7_20_2022_TPAA_Appointment_SR_final.docx Board of Directors Duties.pdf TPAA Bylaws 6.16.16.pdf City Council Wednesday, July 20, 2022

15. NEW BUSINESS 15.1 Approve 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 appoint one member and one alternate to serve on Agency's Board. (Staff Reference: Director of Public Works Heffernan - Presented by Traffic Engineer Jay Nelson) HDC_JPA_v_2_with_Jay_s_comments(1).docx HDC_Joint_Powers_AGENCY_Agreement_v3.docx 15.2 Award Measure AV Grant Program Funding, totaling $1,306,810, to grantees in Exhibit A and authorize Interim City Manager to enter into agreements ranging from $2,000 to $250,000. (Staff Reference: Deputy Director of Parks and Recreation Dombrowski and Management Analyst Kelley) Staff_Report-Award_Measure_AV_Grant_Funding_07202022_FINAL.docx Final Awardee List 2022 - Exhibit A.pdf Measure AV Final Report PPT 07202022.pptx 16. PUBLIC COMMENTS ON NON-AGENDA ITEMS This portion of the Agenda allows an individual the opportunity to address the Council on any subject within the City’s subject matter jurisdiction not on the Agenda. Under state legislation, in general, no action can be taken on items not specifically referenced on the Agenda, but may offer suggestions on how your concerns may best be resolved. To address the Council regarding a non-agenda item, please fill out a Speaker's Form and submit it to the City Clerk BEFORE the Mayor announces the item. Each person addressing the Council is customarily given up to three minutes to speak (with double the time allotted to non-English speakers using a translator). The amount of time authorized may be adjusted by the chair. If you wish to provide information to the Council, please present the City Clerk with 7 copies. Otherwise, your materials will simply be added to the administrative record. If you are attending the meeting by phone, please press *9 to "raise your hand." If attending by personal computer, please click the "raise your hand" button. Press *6 to un-mute yourself, state your name and begin speaking. 17. ADJOURN City Council Wednesday, July 20, 2022

City Council Staff Report DATE: JULY 20, 2022 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT MAINTENANCE DEPARTMENT DISTRICT: All SUBJECT: APPROVE PURCHASE ORDER NO. 20230005 WITH NIXON-EGLI EQUIPMENT COMPANY OF SOUTHERN CALIFORNIA FOR A NEW 2021 DEMO UNIT PETERSEN TL3 LIGHTNING LOADER GRAPPLE TRUCK IN AN AMOUNT NOT TO EXCEED $224,587. ISSUE Approve Purchase Order No. 20230005 with Nixon-Egli Equipment Company of Southern California for a new 2021 demo unit Petersen TL3 Lightning Loader Grapple Truck in an amount not to exceed $224,587. RECOMMENDATION Staff recommends that the City Council approve Purchase Order No. 20230005 with Nixon-Egli Equipment Company of Southern California for a new 2021 demo unit Petersen TL3 Lightning Loader Grapple Truck in an amount not to exceed $224,587. BACKGROUND Illegal dumping is a serious problem that affects our community’s quality of life, finances, and the environment. To better address illegal dumping and its negative impacts, the Maintenance Division acquired a Petersen TL3 Lightning Loader in FY 2018-2019 from reimbursement fees received from Waste Management as part of their Franchise Agreement with the City. The lightning loader was the first step in establishing an Illegal Dumping Program with dedicated equipment and staff, providing them with safer and more efficient means to dispose of bulky trash and clean up illegal dumpsite materials. While staff have been able to better respond to illegal dumping incidents, illegal dumping continues to be a significant problem within the City. Since July 2019, there have been over 2,700 work orders resulting in more than 5,000 tons of debris and trash being collected by the Maintenance Division. Therefore, the purchase of a second Petersen TL3 Lightning Loader Grapple Truck will expand the Illegal Dumping Program and enable a second crew to exclusively respond to incidents of illegal dumping throughout the City.

Report to Mayor and City Council Re: Approve Purchase Order No. 20230005 with Nixon-Egli Equipment Company of Southern California July 20, 2022 Page 2 DISCUSSION A new Petersen TL3 Lightning Loader Grapple Truck for the Illegal Dumping Program will allow the Maintenance Division to double their efforts to address the increased and growing problem of illegal dumping within the City. Currently, if additional crews are assigned to assist in cleaning up illegal dumping sites and debris, they must do it manually, which is a slow and cumbersome process. The addition of a second Lightning Loader provides staff with a safer, more efficient method to pick up and haul illegally dumped debris and large, heavier items (e.g., mattresses, appliances, furniture, etc.). It will also allow two crews to be scheduled daily, which will improve response times to citizen requests. As part of the new solid waste agreement amendment with Waste Management, the City will receive additional funds from Waste Management in the amount of $90,000 to fund an Equipment Operator who will operate the Lightning Loader. The City will also receive $200,000 from Waste Management as part of their regular Franchise Agreement fees to address illegal dumping for the purchase of this equipment. Since the cost of the equipment has increased from the original solid waste agreement negotiations, the City will fund the remaining $25,000 for this purchase from savings realized from other fees received from Waste Management. The new 2021 Demo Unit Petersen TL3 Lightning Loader Grapple Truck, subject to this Council action, will be acquired through Sourcewell Cooperative Contract No. 040621- PII, as authorized in Palmdale Municipal Code §3.08.090. Sourcewell offers commodities, products, and services at prices, which have been assessed to be fair, reasonable, and competitive. Petersen Industries, Inc., the manufacturer of bulky waste collection solutions, was awarded the Sourcewell Contract on May 26, 2021, and it continues through July 2, 2025. Staff recommends that the City Council approve Purchase Order 20230005 with Nixon- Egli Equipment Company of Southern California. FISCAL IMPACT The Purchase Order amount for a new demo unit Petersen TL3 Grapple Lightning Loader Truck will not exceed $224,587. Sufficient funds are budgeted in Fleet Maintenance Account 15433007-734100. STRATEGIC PLAN Goal II: Ensure long-term fiscal health of the City and maintain funding for services. A. Manage resources, costs, and liabilities to ensure the City’s long-term fiscal health.

Report to Mayor and City Council Re: Approve Purchase Order No. 20230005 with Nixon-Egli Equipment Company of Southern California July 20, 2022 Page 3 Goal III: Invest in infrastructure to improve community livability. B. Seek innovative, cost effective, customer focused methods of service delivery. Prepared by: Chuck Heffernan, P.E., Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, Interim City Manager Approved as to form: Scott E. Porter, Acting City Attorney ATTACHMENTS 1. Purchase Order No. 20230005 Nixon-Egli Equip. Co. 2. Sourcewell Contract 040621-PII 3. Nixon-Egli Quote 100580

040621-PII Rev. 10/2020 1 Solicitation Number: RFP #040621 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Petersen Industries, Inc., 4000 S.R. 60 W., Lake Wales, FL 33859 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Bulk Solid Waste and Recycling Equipment from which Vendor was awarded a contract. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires June 2, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

040621-PII Rev. 10/2020 2 All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable

040621-PII Rev. 10/2020 3 time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item

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