Agenda packet — Lancaster City Council, March 22, 2022 (part 1 of 2)

Tuesday, March 22, 2022
Regular Meeting – 5:00 p.m.

The City Clerk/Agency/Authority Secretary hereby declares the agenda was posted by 5:00 p.m. on M a r c h 1 8 , 2 0 2 2
at the main entrance to Lancaster City Hall
44933 Fern Avenue, Lancaster, CA 93534

LEGISLATIVE BODY
City Council/Successor Agency/Financing/Power/California Choice Energy Authority Mayor/Chair R. Rex Parris
Vice Mayor/Vice Chair Marvin Crist
Council Member/Agency Director/Authority Darrell Dorris Council Member/Agency Director/Authority Member Raj Malhi Council Member/Agency Director/Authority Member Ken Mann UPDATED MEETING PROCEDURE:

To ensure public safety measures while maintaining transparency and public access, members of the public may participate in one of the following ways:
o In person at Council Chamber :
o Virtual Platform [Zoom]:

Ø In response to Government Code section 54953(e) , this meeting will also be conducted telephonically and video streamed live on Channel 28 and the City’s website:
https://www.cityoflancasterca.org/our-city/departments-services/city-clerk/meetings-agendas- and-minutes/public-meetings-web-streaming
Ø PUBLIC COMMENTS ON AGENDIZED ITEMS MAY BE RECEIVED BY DIALING 1-877-853-5257 USING MEETING ID:885 9510 2225 # PASSWORD:677447#

CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY

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AGENDA ITEMS TO BE REMOVED
Sometimes it is necessary to remove items from the agenda. We apologize for any inconvenience this may cause you.

PUBLIC BUSINESS FROM THE FLOOR - AGENDIZED ITEMS
Any person who would like to address the Legislative Bodies on any agendized item is requested to complete a speaker card for the City Clerk/Agency/Authority Secretary and identify the agenda item you would like to discuss. Each person will be given an opportunity to address the Legislative Body at the time such item is discussed. Speaker cards are available at the rear of the Council Chambers and your speaker card must be filled out prior to the agenda item being called. We respectfully request that you fill the cards out completely and print as clearly as possible. Following this procedure will allow for a smooth and timely process for the meeting and we appreciate your cooperation. Individual speakers are limited to three (3) minutes each.

In accordance with Government Code section 54953(e), the public may observe this telephonic/ virtual meeting by listening to the live broadcast on local cable channel 28 or live stream on the City’s website:
https://www.cityoflancasterca.org/our-city/departments-services/city-clerk/meetings-agendas-and- minutes/public-meetings-web-streaming The public may participate in the meeting by DIALING 1-877-853-5257 USING MEETING ID: 885 9510 2225# PASSCODE: 677447#. Individual speakers are limited to three (3) minutes each unless a different time limit is announced.

Consent Calendar items under the Legislative Body may be acted upon with one motion, a second and the vote. If you desire to speak on an item or items on the Consent Calendar, please speak when prompted for the Consent Calendar comments. You will be given three minutes, unless a different time limit is announced, to address your concerns before the Legislative Body takes action on the Consent Calendar.

CALL TO ORDER
City Council/Successor Agency/Financing/Power/California Choice Energy Authority

ROLL CALL
City Council Members /Agency Directors /Authority Members: Dorris, Malhi, Mann; Vice Mayor/ Vice Chair Crist, Mayor/Chair Parris

INVOCATION

PLEDGE OF ALLEGIANCE

PRESENTATION

CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY

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1. Tide Team Recognition
Presenter: Jason Caudle, City Manager

2. Performing Arts & Virtual Augmented Reality Summer Arts Program Presenters: iLead

COUNCIL ACTIONS

EMERGENCY DECLARATION
ED 1. COVID-10 Pandemic Updates and Actions
Recommendation:

1. Receive update from staff and/or deputy mayors regarding COVID-19 pandemic status.

2. Direct staff to take actions in response to updated COVID-19 information.

3. Authorize the City Manager to take actions, execute documents and/or expend funds in response to the COVID-19 pandemic.

4. Authorize and/or direct the City Attorney, with the concurrence of the City Manager, to take actions, execute documents and expend funds in response to legal issues pertaining to the COVID-19 pandemic.

CALIFORNIA CHOICE ENERGY AUTHORITY - CONSENT CALENDAR
CCEA CC 1. Approve California Choice Energy Authority Entering into a Long-Term Renewable Energy Contract with Powerex Corporation on behalf of Energy for Palmdale’s Independent Choice
Recommendation:

Approve California Choice Energy Authority entering into a long-term renewable energy contract with Powerex Corporation on behalf of Energy for Palmdale’s Independent Choice (EPIC).

In October 2015, the State of California enacted Senate Bill 350, also known as the Clean Energy and Pollution Reduction Act of 2015 (the Act). The Act established new clean energy, clean air, and greenhouse gas reduction goals for the state. Specifically, the Act requires that all load-serving entities, including Community Choice Aggregators (CCAs), enter into long-term renewable energy contracts with energy delivery to begin by the 2021 – 2024 compliance period (Compliance Period 4).

CCEA CC 2. Adopt Resolution Accepting Withdrawal of the City of Baldwin Park from the Joint Exercise Powers Agreement and Approval of Documents Related Thereto Recommendation:

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A d o p t R e s o l u t i o n N o . C C E A 1 - 2 2 , a c c e p t i n g t h e w i t h d r a w a l o f t h e C i t y o f B a l d w i n P a r k f r o m t h e J o i n t E x e r c i s e o f P o w e r s A g r e e m e n t f o r t h e C a l i f o r n i a C h o i c e E n e r g y A u t h o r i t y a n d a p p r o v a l o f d o c u m e n t s r e l a t e d t h e r e t o .

O n O c t o b e r 1 6 , 2 0 2 1 , t h e B a l d w i n P a r k C i t y C o u n c i l d i r e c t e d B a l d w i n P a r k s t a f f t o t a k e t h e n e c e s s a r y a c t i o n s t o r e t u r n i t s C C A c u s t o m e r s t o S o u t h e r n C a l i f o r n i a E d i s o n s e r v i c e a n d t e r m i n a t e i t s C C A o p e r a t i o n s .

CONSENT CALENDAR
CC 1. Waive further reading of any proposed ordinances. (This permits reading the title only in lieu of reciting the entire text.)
CC 2. Approve the City Council/Successor Agency/Housing/Financing/Power/California Choice Energy Authority Regular Meeting Minutes of March 8, 2022.

CC 3. Check Registers – February 20, 2022 through March 5, 2022 Recommendation(s):

Approve the Check and Wire Registers for February 20, 2022 through March 5, 2022 in the amount of $2,664,560.98 as presented.

At each regular City Council Meeting, the City Council is presented with check and ACH/wire registers listing the financial claims (invoices) against the City for purchase of materials, supplies, services, and capital projects issued the prior three to four weeks. This process provides the City Council the opportunity to review the expenditures of the City. Claims are paid via checks, Automated Clearing House (ACH) payments, or federal wires. The justifying backup information for each expenditure is available in the Finance Department.

CC 4. Monthly Report of Investments – February 2022
Recommendation(s):

Accept and approve the February 2022 Monthly Report of Investments as submitted.

Each month, the Finance Department prepares a report listing the investments for all separate entities under the jurisdiction of the City as identified in the City’s Comprehensive Annual Financial Report.

CC 5. Construction Award of Bid and Approve Purchase of Iteris Video Detection Systems – PWCP 22-003 - 2022 Spring Pavement Management Program
Recommendation(s):

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approximately thirteen (13) lane-miles of streets, as part of the City’s Pavement Management Program (PMP). Authorize the City Manager, or his designee, to sign all documents. This contract is awarded to the lowest responsible bidder per California Public Contract Code Section 22038 (b).

2. Approve the purchase of two (2) Video Detection Systems from Iteris, Inc. in the amount of $54,712.67.

The proposed project will be the tenth project funded, in part, with road bond funds in addition to Proposition C funds and Measure R Local Return funds.

The proposed project will include the following project areas with approximately thirteen (13) lane-miles of roadway repair and rehabilitation within the Lancaster Business Park and various locations of signing and striping.

CC 6. Task Order for Multi-Year Professional Services (Service Group Category 1 - Roadway and Structures Engineering) Design Services for Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference PWCP 20-006)
Recommendation(s):

Approve Task Order No. 6 for additional authorization involving additional design services with Kimley-Horn and Associates, Inc., (KHA) of Los Angeles, California, in accordance with the Multi-Year Professional Services Agreement for Lancaster Health District (formerly Medical Main Street) Design Services in the amount of $438,172.00 with an additional $289,798.50 contingency; and authorize the City Manager, or his designee, to sign all documents.

The Lancaster Health District (formerly Medical Main Street) Improvements project will alleviate the burden to the existing arterial network, whilst providing necessary access to existing and proposed medical facilities as part of the Medical Main Street Planning area . The proposed project will improve service to the region that serves the Antelope Valley Hospital.

CC 7. DR 19-67 - Acceptance of Improvements (Drainage Maintenance District) Recommendation(s):

Approve and accept for maintenance the work and materials for the drainage improvements for the following Drainage Maintenance District annexation, installed by the developer of the subject project:

Project Annexation No. Location/Owner
Director’s Review No. 19-67 19-38 Southwest
Corner of Gadsden Avenue and
Kildare Street
Owner: Midas Lancaster, LP
The territory shall be annexed into the Lancaster Drainage Benefit Maintenance District with the annual resolutions levying the assessments for said district scheduled for May 2022. The drainage improvements for this project have been installed by the developer according to the approved plans and specifications. The improvements have been inspected and found to be satisfactory to the Senior Director - Development Services.

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CC 8. DR 19-67 - Acceptance of Improvements (Sewer)
Recommendation(s):

Approve the following developer-installed sanitary sewer and accept the sewer for maintenance by the City and for public use:

Project No. Private Contract No. Location/Owner
Director’s Review No. 19-67 PC 3765 Southwest Corner of Gadsden Avenue and Kildare Street
Owner: Midas Lancaster, LP
The listed sanitary sewer has been constructed and completed by the developer according to the approved plans and specifications. The work has been inspected and found to be satisfactory to the Senior Director - Development Services.

CC 9. DR 19-67 - Acceptance of Improvements (Streets)
Recommendation(s):

Approve the developer-constructed streets on the following project. In addition, accept the streets for maintenance by the City and for public use.

Project Location/Owner
Director’s Review No. 19-67 Southwest Corner of Gadsden Avenue and Kildare Street
Owner: Midas Lancaster, LP
The streets have been constructed and completed by the developer according to the approved plans and specifications. The work has been inspected and found to be satisfactory to the Senior Director - Development Services.

CC 10. DR 19-67 - Acceptance of Improvements (Water)
Recommendation(s):

Approve the completed water system installed by the developer for the following project:

Project Location/Owner
Director’s Review No. 19-67 Southwest Corner Gadsden Avenue and Kildare Street Owner: Midas Lancaster, LP
Water system improvements are accepted by the City in order to exonerate the Developer’s Undertaking Agreement and release of improvement securities. The water system for this project has been constructed and completed to the satisfaction of the local water purveyor, Los Angeles County Waterworks District 40-04, Antelope Valley, and was constructed according to the approved plans and specifications. Additionally, the work has been inspected and found to be satisfactory to the Senior Director - Development Services.

CC 11. Approval of Amendments 2 and 3 for Clean Up & Vegetation Removal Services RFP 733-20 Agreement with AV Recycling Center
Recommendation(s):

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1. Approve agreement with AV Recycling Center of Lancaster, CA for an amount not to exceed $600,000.00 for FY 21-22 for Task 2 – Illegal Dumping Clean Up and Task 3 – Vegetation Removal Services.

2. Authorize the City Manager or designee to pay invoices and to execute all contracts and associated documents.

On February 3, 2021, the City advertised Request for Proposals RFP 733-20 for Clean Up & Vegetation Removal Services, a multi-task RFP to be managed by Public Safety and Development Services. The City of Lancaster awarded AV Recycling Center to perform Task 1, Task 2, and Task 3 as outlined in the RFP. The agreements with AV Recycling Center will permit City staff to schedule services as needed or on an emergency basis. The contract term is three (3) years, with two one-(1)-year extensions. This is an amendment to the initial contract term. The goal of these clean-up activities is to protect the general public's health and safety.

CC 12. Agreement for Condemnation Proceedings Tract No. 82831 Location: Newgrove Street and 62nd Street West (APN No. 3203-008-050)
Recommendation(s):

Approve an agreement with KB HOME Greater Los Angeles Inc., a California corporation, the developer of Tract No. 82831, to provide needed right-of-way for required street improvements for the tract through condemnation proceedings.

The developer has been required to provide street right-of-way and improvements as shown on Exhibit "A". The developer has indicated to staff that he has been unable to negotiate the acquisition. The Subdivision Map Act allows the City to use its power of condemnation whenever a subdivider is conditioned to make certain improvements on property he/she does not own and is unable to secure the necessary easements. The Act permits the City to require that the developer pay the cost of acquiring the offsite property.

CC 13. Memorandum of Understanding with Antelope Valley Transit Authority Regarding Bus Stop Maintenance Services with the City of Lancaster
Recommendation(s):

1. Approve a Memorandum of Understanding (MOU) with Antelope Valley Transit Authority regarding Bus Stop Maintenance Services within the City of Lancaster. Authorize the City Manager, or his designee, to sign all documents.

2. Appropriate $85,290.00 from Proposition A Fund Balance Account to Operating Budget Account No. 207-4430-301.

Under the proposed MOU, AVTA would continue to provide these services to the City for the next (5) five years (through FY 2025-2026), billed quarterly.

CC 14. Award Professional Services Agreement for Audit Services Recommendation(s):
a. Award a three-year Professional Services Agreement for Audit Services, pursuant to RFP 760-22 to CliftonLarsenAllen LLP for $95,000 in FY 21-22, $98,000 in FY 22-23, and $101,600 in FY 23-24, with two optional one-year extensions.

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b. Authorize the City Manager or designee to execute such agreement.

The firms were evaluated on their responses to the proposed audit plan, proposed staffing, experience on Municipal audits, preparation of the annual State Controller’s Report, GANN Limit Review Report, and Single Audit Report, and their responses to how they work with clients to comply with the changing auditing standards.

CC 15. Extension of Contracts Awarded for Revenue Collection and Consulting Services Recommendation(s):

A. Approve two-year extension of Revenue Collection and Consulting Services to Hinderliter, de Llamas and Associates (HdL), in an estimated annual amount of $250,000, which includes a percentage of recovered revenue from Business and Rental Housing License discovery and delinquency collections, and Sales and Use Tax audits, as outlined in the contract, and authorize the City Manager or his designee to sign all documents. This contract was Request for Qualifications #18-703,
B. Approve two-year extension of Revenue Collection and Consulting Services to HdL Coren and Cone (HdLCC), in an estimated annual amount of amount of $30,000, which includes 25% of recovered Property Tax revenue as outlined in the contract, and authorize the City Manager or his designee to sign all documents.

HdL and HdLCC have worked with the City of Lancaster and local businesses through the pandemic, and have provided high quality services, including the handling of collection services for business licenses with flexibility and compassion.

CC 16. Construction Award of Bid – PWCP 22-009 – MOAH HVAC Improvements Recommendation(s):

1. Approve an appropriation of $1,513,272.00 from General Fund Reserves into Account No. 101-11BS042-924, MOAH HVAC Improvements.

2. Approve a budget transfer of $749,930.00 from Account No. 701-11ZZ005-924, City Beautification to Account No. 701-11BS042-924 MOAH HVAC Improvements.

3. Award Public Works Construction Project No. 22-009, MOAH HVAC Improvements, to Circulating Air, Inc. of Lancaster, California, in the amount of $ 1,775,859.00 Base Bid, plus Change Order No.1 in the amount of ($64,576.00), plus Change Order No. 2 in the amount of $156,220.00 for a total contract amount of $1,867,503.00, plus a 20% contingency to restore proper climate control systems and to maintain stable temperatures, increase humidity, and establish a controlled environment within the museum. This contract was negotiated and awarded per California Public Contract Code Section 22038(c).

4. Authorize the City Manager, or his designee, to sign all documents This project is required to restore proper climate control systems allowing the Lancaster Museum of Art and History (MOAH) to maintain stable temperatures, increase humidity, and establish a controlled environment within the museum. Such systems are essential in allowing the safe housing and care of objects on display and in storage, and facilitates the continuation of ongoing projects and developing partnerships with outside entities such as LACMA and other potential

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touring exhibitions. Additional benefits include the increased quality of care for onsite objects in long-term custody of the museum, specifically those of a sensitive nature, and to increase the likelihood of achieving AAM Accreditation by adhering to industry operational standards.

CC 17. Disposition and Development Agreement with Verdant Lancaster, LLC Recommendation(s):

1. Approve the Disposition and Development Agreement with Verdant Lancaster, LLC for the sale and subsequent development of nine commercial parcels located in the Front Row Center area.

2. Authorize the City Manager, or his designee, to execute (i) the Disposition and Development Agreement in substantially the form presented, subject to non-substantive changes approved by the City Manager and City Attorney; and (ii) all documents necessary or appropriate to complete the transaction.

Verdant Lancaster, LLC has made an offer for full appraised value of nine parcels, which together constitute 29.58 acres located in the heart of Front Row Center. Verdant plans to create a master plan for the site that includes a mixed-use development consisting of market-rate and affordable residential products and at least one select-service hotel. Additional developments may include senior housing, day-care school, and other retail commercial uses.

CC 18. Award RFP 758-22 Production Services Contract
Recommendation(s):

1. Award RFP 758-22, Production Services Contract, to Corporate Streams of Orange County, California, in the amount of $375,000 to produce and broadcast 2 news hours per week, and 8 non-news programming hours per week. Additionally, the contract includes a budget for special event filming and production services.

2. Authorize the City Manager, or his designee, to sign all documents.

The City aims to keep up with the media needs of a large community in the modern age of information. The top priority will be local-focused news and programming that reflects the Lancaster community, which accurately and effectively communicates crucial information and updates. Programming will also promote local events, businesses, and organizations to foster resident engagement. Programming will be entertaining, informative, and uniquely tailored to the City’s residents. Content will be produced in a timely and thoughtful manner, geared towards a wide range of demographics among City residents. Actively managing and producing new programming for the City’s cable channel will greatly enhance its ability to attract viewership, inform and build community trust.

PUBLIC HEARING
PH 1. Condemnation Proceedings – Property Acquisition Tract No. 61041 Location: Avenue L and 56th Street West (APN No. 3204-006-080)
Recommendation:

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Conduct a hearing pursuant to Code of Civil Procedure section 1245.235 and adopt Resolution No. 22-13 , directing and authorizing the condemnation of certain real property located at Avenue L & 57 th Street West APN No. 3204-006-080 Portions Thereof) in the City of Lancaster, California, and declaring the public necessity therefor.

As a condition of approval of Tentative Tract No. 61041, located at Avenue L & 57 th Street West, the developer was required to build public street improvements along Avenue L. The developer was unable to acquire the necessary easements, and requested that the City acquire the property through condemnation proceedings. On December 14, 2021, the City Council approved a Condemnation Agreement.

NEW BUSINESS
NB1. Statewide Park Program Grant Funds
Recommendation:

A. Accept Statewide Park Program Grant Funds in the amount of $8,413.446 to revenue account 349-3313-000.

B. Appropriate Statewide Park Program Grant Funds in the amount of $8,413,446 to expenditure account 349-11ZZ010-924.

The project will construct a new 10,585 square foot community center, half-court basketball court with lighting, splash pad with lighting, skate spot with lighting, plaza with tables and shade sails, two picnic shelters, pathways, and landscaping and lighting throughout the park. It will also renovate and expand the playground, including new swing set and inclusive play equipment.

As well as renovate the jogging trail, install new lighting and outdoor exercise stations.

NB2. Approval of a Conduit License Option Agreement with Race Telecommunications, LLC dba Race Communications for Citywide Fiber Optic Cable Installation Recommendation:

Approve an Option to Lease Conduit License Agreement and Conduit Lease Agreement with Race Communications, LLC (Race). The Option to Lease Agreement will grant Race three years and two one-year extensions to exercise the approved Conduit Lease Agreement. Once the Conduit Lease Agreement is exercised, Race will have the right to use the public rights-of-way to install and operate a fiber-optic network and appurtenant equipment throughout the City; and license up to 5% of the City’s unused, available conduit system capacity for the purpose of providing residential and commercial fiber-optic broadband connectivity. Authorize the City Manager to sign all documents.

The City is supportive of the development of a fiber-optic network that would provide businesses and residential development throughout the City with inexpensive and reliable high-speed internet. With more people working from home and students learning through online and virtual classrooms it is essential that residents have access to high-quality service throughout the City.

COUNCIL REPORTS

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CR1. Summary of the February 22, 2022, Board of Directors Meeting for the Antelope Valley Transit Authority (AVTA)
CR2. Report on the Activities of the Board of Directors Meeting for District No. 14 of the County Sanitation Districts of Los Angeles County
CR3. Council Reports

LANCASTER HOUSING AUTHORITY
No action required at this time.

LANCASTER FINANCING AUTHORITY
No action required at this time.

LANCASTER POWER AUTHORITY
No action required at this time.

LANCASTER SUCCESSOR AGENCY
No action required at this time.

CITY MANAGER / EXECUTIVE DIRECTOR ANNOUNCEMENTS

CITY CLERK/AGENCY/AUTHORITY SECRETARY ANNOUNCEMENT

PUBLIC BUSINESS FROM THE FLOOR - NON-AGENDIZED ITEMS
This portion of the agenda allows an individual the opportunity to address the Legislative Bodies on any item NOT ON THE AGENDA regarding City/Agency/Authority business and speaker cards must be submitted prior to the beginning of this portion of the Agenda. Please complete a speaker card for the City Clerk/Agency/Authority Secretary and identify the subject you would like to address. We

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respectfully request that you fill the cards out completely and print as clearly as possible. Following this procedure will allow for a smooth and timely process for the meeting and we appreciate your cooperation.

In accordance with Government Code section 54953(e), the public may observe this telephonic/ virtual meeting by listening to the live broadcast on local cable channel 28 or live stream on the City’s website: ( https://www.cityoflancasterca.org/our-city/departments-services/city-clerk/meetings- agendas- and-minutes/public-meetings-web-streaming ) The public may participate in the meeting by DIALING 1-877-853-5257 USING MEETING ID: 890 0871 4810 # PASSCODE: 677447# .

Individual speakers are limited to three (3) minutes each unless a different time limit is announced.

CITY COUNCIL / AGENCY/ AUTHORITY COMMENTS

CLOSED SESSION

1. Conference with Legal Counsel - Anticipated Litigation: significant exposure to litigation pursuant to Government Code Section 54956.9(d) (2) - two potential cases.

2. Conference with Legal Counsel - Anticipated Litigation: consideration of initiation of litigation pursuant to Government Code Section 54956.9(d) (4) - two potential cases.

3. Conference with Legal Counsel - Anticipated Litigation: consideration of initiation of litigation pursuant to Government Code Section 54956.9(d) (4) - two potential cases.

4. Antelope Valley Groundwater Cases Included Action:

Los Angeles County Waterworks District No. 40 v. Diamond Farming Co. Superior Court of California, County of Los Angeles, Case No. BC325201;
Los Angeles County Waterworks District No. 40 v. Diamond Farming Co. Superior Court of California, County of Kern, Case No. S-1500-CV-254-348; Wm. Bolthouse Farms, Inc. v. City of Lancaster, Diamond Farming Co. v. City of Lancaster, Diamond Farming Co. v. Palmdale Water District
Superior Court of California County of Riverside, consolidated actions; Case Nos. RIC 353 840, RIC 344 436, RIC 344 668

5. Ramos v Patino, LASC Case No. MC027974

6. Lozoya v. City of Lancaster, LASC Case No. 19AVCV00714

7. Johnson v. City of Lancaster, LASC Case No. 19AVCV00824

8. Rahier v. City of Lancaster, LASC Case No. 19AVCV00163

9. Brisa Mahoney, et al. v. City of Lancaster, et al., LASC Case No. 2OSTCV02556

10. Conference with Real Property Negotiators:

Property: APNs 3124-012-008&009
City negotiators: Mike Livingston, Allison Burns
Negotiating parties: Ann Hiramoto; Tina Yoke
Under negotiation: price and terms of payment

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11. Manzo v. Beazer Homes Holdings, LLC et al., LASC Case No. 20AVCV00297

12. Hernandez v. County of Los Angeles, et al., LASC Case No. 20AVCV00318

13. Romines v. City of Lancaster, et al,, LASC Case No. 20AVCV00345

14. Moujan v. City of Lancaster et al., LASC Case No. 20AVCV00205

15. Davis v. State of California, LASC Case No. 19AVCV00805

16. Lancaster v. Netflix, et al., LASC 21STCV01881

17. Butts v. Lancaster, LASC 21STCP00389

18. Lancaster v. Rives

19. Myesha Lopez, et al. v. County of Los Angeles, et al. CDCA Case No. 5:21-cv-00290- JGB(SHKx)

20. Ortiz v. Lancaster, LASC Case No. 21AVCV00001

21. Aijala v. Lancaster, LASC Case No. 21STCV07841

22. Gardner v. Dominoids, LASC Case No. 21AVCV00186

23. Evans v. Lancaster, LASC Case No. 21AVCV00145

24. Bojorquez v. Lancaster, LASC Case No. 20AVCV00894

25. Arkey v. Lancaster, LASC Case No.20AVCV00816

26. Perez v. Lancaster, LASC Case No. 20AVCV00589

27. Serrano v. Los Angeles County et al. LASC Case No. 21AVCV00562

28. Jackson v. RE Schultz Construction et al. LASC Case No. 21AVCV00863

ADJOURNMENT
Next Regular Meeting:

May 3, 2022 at 5:00 PM

MEETING ASSISTANCE INFORMATION
In compliance with the Americans with Disabilities Act, this meeting will be held at a location accessible to persons with disabilities; if you need special assistance to participate in this meeting, please contact the City Clerk at (661)723-6020. Services such as American Sign Language interpreters, a reader during the meeting, and/or large print copies of the agenda are available. To ensure availability, you are advised to make your request at least 72 hours prior to the meeting/event you wish to attend. Due to difficulties in securing sign language interpreters, five or more business days notice is strongly recommended. For additional information, please contact the City Clerk at (661)723-6020.

AGENDA ADDENDUM INFORMATION
On occasion items may be added after the agenda has been mailed to subscribers. Copies of the agenda addendum item will be available at the City Clerk Department and are posted with the agenda on the windows of the City Council Chambers. For more information, please call the City Clerk Department at (661) 723-6020.

All documents available for public review are on file with the City Clerk Department.

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STAFF REPORT
California Choice Energy Authority
Date: March 22, 2022
To: Chairman Parris and Authority Members
From: Jason Caudle, Executive Director
Subject: Approve California Choice Energy Authority Entering into a Long-Term Renewable Energy Contract with Powerex Corporation on behalf of Energy for Palmdale’s Independent Choice
Recommendations:

Approve California Choice Energy Authority entering into a long-term renewable energy contract with Powerex Corporation on behalf of Energy for Palmdale’s Independent Choice (EPIC).

Fiscal Impact:

There is no fiscal impact to California Choice Energy Authority.

Background:

In October 2015, the State of California enacted Senate Bill 350, also known as the Clean Energy and Pollution Reduction Act of 2015 (the Act). The Act established new clean energy, clean air, and greenhouse gas reduction goals for the state. Specifically, the Act requires that all load- serving entities, including Community Choice Aggregators (CCAs), enter into long-term renewable energy contracts with energy delivery to begin by the 2021 – 2024 compliance period (Compliance Period 4).

In order to meet this requirement, the California Choice Energy Authority (CalChoice), on behalf of its member agencies has been seeking viable projects through solicitations and bilateral offers.

CalChoice and its legal and technical team spent several months negotiating and finalizing commercial and contract terms with Powerex Corporation (Powerex) on behalf of its member agencies. The energy delivered under this contract will be wind and biomass from the Pacific Northwest, and delivery will begin in October 2022 for a period of ten years.

As a condition of the contract, payment terms are such each member city’s general fund is protected, and no additional credit or collateral is required by EPIC or CalChoice.

CCEA CC 1
03/22/22
JC
This agreement will fulfill approximately five percent (5%) of EPIC’s long-term requirements for Compliance 4 as mandated by the Act.

Therefore, staff recommends that the Authority Board approve California Choice Energy Authority entering into a long-term renewable energy agreement with Powerex Corporation on behalf of Energy for Palmdale’s Independent Choice.

Attachments:

Power Purchase Agreements
Powerex

AGREEMENT BETWEEN
Powerex Corp. * and California Choice Energy Authority Powerex Deal No.

This document ("Confirmation") confirms the agreement reached between Powerex Corp.* ("Powerex" or "Seller") and California Choice Energy Authority, a California joint powers authority ("CCEA" or "Purchaser") regarding the sale and purchase of the Product in accordance with the WSPP, Inc. Agreement in effect on the Reference Date (as amended and supplemented by the Master Confirmation and Netting Agreement between the Parties dated June 9, 2021, the "WSPP Agreement") and Service Schedule R thereto, as amended and supplemented by this Confirmation under the following terms and conditions. The transaction reflected by this Confirmation is being entered into by Purchaser on behalf of its member, City of Palmdale ("Member"). Consistent with Section 35 of the WSPP Agreement, this transaction and Confirmation, together with all other transactions and Confirmations (as defined under the WSPP Agreement) between the Parties and the WSPP Agreement, form a single integrated agreement and are not separate contracts. Terms used but not defined herein shall have the meanings ascribed to them in the WSPP Agreement.

For the purposes of Section 8 of the Special Conditions, Member is a Party to this Agreement.

Seller:

Purchaser:

Transaction:

Vintage
(Generation Term):

Product:

Environmental
Attributes:

Powerex
CCEA
For the purposes of this Confirmation and the Bundled Renewable Energy to be procured pursuant hereto, the generation term for Bundled Renewable Energy is October 1, 2022, to September 30, 2032, inclusive ("Generation Term"). "Bundled Renewable Energy", which is comprised of energy generated by the Project(s) and the associated Green Attributes.

Bundled Renewable Energy will be considered a Firm Bundled REC product for the purposes of Service Schedule R, as amended hereby.

All Attributes.

Applicable Program: RPS, as defined herein.

Delivery: The Parties recognize that a schedule of energy to the CAISO Balancing Authority is a delivery to the CAISO and not directly to Purchaser or Member. Scheduling Energy to the CAISO Balancing Authority shall constitute Delivery of Bundled Renewable Energy, provided the WREGIS Certificates evidencing the Green Attributes comprised in the Bundled Renewable Energy are Delivered as provided in this Confirmation.

Energy

2 Purchaser elects to take Delivery of the energy by either Delivery Method (Category I Product) or Delivery Method 2 (Category 2 Product), or both, as specified under the "Contract Quantity" section. The Parties intend that the Product as procured by Purchaser and as Delivered by Seller in accordance with (i) Delivery Method I will meet the Category I Product Eligibility Requirements and (ii) Delivery Method 2 will meet the Category 2 Product Eligibility Requirements.

Green Attributes
Green Attributes to be Delivered hereunder shall be represented by WREG IS Certificates. The transfer of WREGIS Certificates through WREGIS shall be deemed to transfer title to all of the Green Attributes associated with the Product.

Due to WREGIS Timelines, completion of Delivery of the Green Attributes may occur after the Generation Term or Generation Sub -term, as applicable, however such delay shall not constitute a failure to Deliver the WREGIS Certificates by Seller. Seller will m atch WREGIS Certificates with e-Tags prior to transferring WREGIS Certificates (unless there are no e -Tags associated with the Energy Delivery, as contemplated in the Scheduling and Tagging Section below).

Delivery to/Acceptance by Member
As the Transaction is entered into by Purchaser on behalf of Member, Purchaser irrevocably directs Seller to Deliver Bundled Renewable Energy directly to Member in the manner set forth herein rather than to Purchaser and, for greater certainty, (i) any Del ivery to Member shall constitute Delivery to Purchaser for the purposes of this Confirmation, including for the purposes of Section 9 of the WSPP Agreement and Section R -9 of Service Schedule R, and (ii) any failure to receive or accept by Member shall be a failure to receive or Accept by Purchaser.

Transfer Date:

Contract Quantity:

As per Section R-3.2.1 of Service Sched1ile R.

During the Generation Term, Purchaser, on behalf of Member, shall procure 144,000 MWh of Bundled Renewable Energy from Seller ("Contract Quantity") to be Delivered by Seller in accordance with the Delivery Method Election elected by Purchaser in the table below:

Delivery_ Method Election
Quantity Delivery Method / Category Product
(MWh)
"Delivery Method 1" - (Category I Product) - Energy directly Delivered from the Project on an hourly, sub -hourly or real -time basis to the Delivery Point without substituting electricity from another source ("Project Energy").
□ - "Delivery Method 2" - (Category 2 Product) - Energy generated by a source other than the Project, Delivered to the Delivery Point in substitution for, and in an amount matching the amount of, Project Energy ("Substitute Energy").

If both boxes are checked, Purchaser is deemed to have selected a combination of Delivery Method 1 and Delivery Method 2 as detailed above.

4 For each MWh of Category 1 Product or Category 2 Product Delivered hereunder, the Contract Price shall consist of the sum of the Energy Price and the applicable GA Price, less the CAISO Credit, calculated as follows:

Facilities: Bundled Renewable Energy procured under this Confirmation will be generated by one or more of the facilities listed in Schedule "A". For the purposes of Delivering Category 1 Product, Seller may add additional facilities from time to time by providing Purchaser with an updated Schedule "A" (with additional facilities listed in Part B) which shall replace the existing Schedule "A" to this Confirmation provided that such facility must be added by Seller prior to the generation and delivery of Project Energy from such facility pursuant to this Confirmation.

Delivery Point:

Scheduling and
Tagging:

Seller may deliver Energy to any CAISO Point. For greater certainty, in the event an e-Tag includes more than one CAISO Point, the Delivery Point shall be the last point of delivery (POD) or "sink" CAISO Point on such e-Tag.

Scheduling
Seller shall schedule or cause to be scheduled, at its sole discretion, Energy to the CAISO Balancing Authority on a day- ahead, hour-ahead, sub-hourly and/or real - time b
asis.

All Energy shall be scheduled in accordance with Generally Accepted Utility Practice.

E-taggmg
Seller shall generate all e -Tags required to schedule the Energy to the Delivery Point and such e -Tags will be in accordance with generally accepted e- tagging practices and standards in the WECC region. For greater ce1iainty, no e-Tags will be generated for Deliveries from a Project within the CAISO Balancing Authority.

Each e-Tag will include the following, depending on the Category Product:

E-Tag Location Categm:y 1 Product Category 2 Product
Last CA (Control Area)
under 'Physical Path'
CAISO Balancing
Authority
CAISO Balancing
Authority
First 'POR/ POD'
under 'Physical Path'
A single Project Any source other than a
Project
Last or 'sink' PSE
(Purchasing Selling
Entity) under 'Physical
Path'
- -
Misc(Token/V alue) RPS ID for that Project One or more, up to a field maximum of ten, of the
RPS ID numbers for the
Projects

5 E-Tag Location CategOI)'. 1 Product CategOI)'. 2 Product Comment field No comments required No comments required If a "sink" PSE is not specified above by Purchaser, Seller may, and Purchaser (for itself and Member) authorizes Seller to, use a sink PSE (including its own) consistent with generally accepted e-tagging practices and standards in the WECC region (including CAISO deliveries).

Tracking System: WREGIS.

For Category 1 Product, WREGIS Certificates will be transferred following applicable WREGIS Timelines. For Category 2 Product, WREGIS Certificates will be transferred following the later of (i) applicable WREGIS Timelines and (ii) the month after delivery of associated Substitute Energy. WREGIS Certificates will be transferred to Member's WREGIS account named Palmdale EPIC (WREGIS Account ID #XXXX).

In the event WREGIS changes the WREGIS Operating Rules in effect on the Reference Date (or its application thereof) such that WREGIS Certificates cannot be transferred as required under this Confirmation, the Parties will negotiate in good faith using commercially reasonable efforts to revise or amend this Confirmation to the extent possible to enable the transfer of WREGIS Ce1iificates as required hereunder.

Invoicing and Payment:

Except as provided below under "Payment in Equal Installments", invoicing and payment for Energy and Green Attributes Delivered hereunder shall be in accordance with Section 9 of the WSPP Agreement. The CAISO Credit will be reflected in the Energy invoice. The Parties acknowledge that invoicing and payments for the Energy may not occur in the same month as invoicing and payments for the Green Attributes associated with such Energy. Seller shall be entitled to retain for its account all revenues received from the CAISO associated with the delivery of Energy to the CAISO Balancing Authority.

Payment in Equal Installments
Purchaser shall pay in equal monthly installments as follows:
(a) For each Generation Sub -term, Purchaser shall pay for the total contracted quantity for such Generation. Sub- term (i.e., the minimum quantity specified for such Generation Sub- term in the table under "Energy Delivery Profile") in advance in equal monthly installments across all months within such Generation Sub- term.
(b) Seller will issue an invoice for each monthly installment. For each Generation Sub-term, the first invoice will be issued the month prior to the start of the Generation Sub- term and then monthly thereafter, with the last such invoice issued in the second -to-last (penultimate) month of the Generation Sub-term.
6 (c) In the event deliveries in any Generation Sub-term are subject to a minimum and maximum (i.e., minimum quantity and maximum quantity specified in the table under "Energy Delivery Profile"), the equal monthly installments shall be based on the minimum delivery obligation. Any quantity over and above the minimum quantity (up to the maximum quantity) will be invoiced and paid in accordance with Section 9 of the WSPP Agreement, provided Seller will not issue the invoice for any such additional quantity prior to Delivery of the minimum quantity. (d) For greater ce1iainty, if there is more than one Generation Sub -term the equal monthly installments may vary between Generation Sub-terms depending on the applicable Contract Price, contracted quantity and number of months.
(e) To the extent at any time payments to Seller exceed deliveries to Purchaser with respect to any Generation Sub -term, Purchaser shall not have any right to request a return of any excess payment, and any excess payment will be held by Seller as collateral/p erformance assurance and applied automatically to future deliveries in the applicable Generation Sub -term provided that if any such excess payment remains after full settlement for all deliveries hereunder during the Generation Term then such excess hereunder will be credited to Purchaser in the final invoice for deliveries hereunder.
(f) For greater certainty, payment in equal installments does not restrict or fetter Seller's discretion to schedule and deliver the Product hereunder.

Seller's invoices may be delivered by email from Seller to Purchaser.

Change in Law: Regulatorily Continuing, provided that Seller's obligations to make reasonable efforts or commercially reasonable efforts to obtain compliance with a Change in Law (or "change in law") shall not require Seller to incur any costs and expenses related thereto or suffer any losses in connection therewith, whether direct or indirect, in excess of the limits set forth in Section
10 of the Special Conditions.

Subject to the above noted agreed maximum amount, provided that Seller is making reasonable efforts or commercially reasonable efforts, as applicable, to obtain compliance with any Change in Law (or change in law), any non- compliance shall not be an Event of Default and, to the extent such Change in Law (or change in law) results in a Failing Category Product hereunder, Section 2 of the Special Conditions shall apply and be the exclusive remedy of the Parties (and all other damages or remedies are waived).

SPECIAL CONDITIONS

1. Additional Definitions and Modifications . The defined terms set forth in Schedule "B" and the amendments and modifications to the WSPP Agreement and Service Schedule R set forth in Schedule "C" shall apply to this Confirmation.

2. Eligibility Requirements. If, at any time, a Category Product does not meet the applicable Eligibility Requirements (a "Failing Category Product"), it shall not be an Event of Default for the purposes of the WSPP Agreement. If a Failing Category Product does not meet or satisfy the Eligibility Requirements for any reason other than a Purchaser Eligibility Failure, a Seller Eligibility Failure or Uncontrollable Force, the following shall apply:
7 (a) the Parties will negotiate in good faith using commercially reasonable efforts to revise or amend this Confirmation as appropriate so that the Failing Category Product meets or satisfies the applicable Eligibility Requirements in a manner consistent with the intent of the Parties as set out in this Confirmation.
(b) If the Parties are unsuccessful in revising or amending the Confirmation as provided in (a) above:
(i) the Parties will have no liability to each other for any failure to schedule, Deliver o
r Accept the Failing Category Product that is not then Delivered (provided, for greater ce11ainty, that Purchaser shall remain liable for any Green Attributes associated with Energy already Delivered); and
(ii) either P arty may, by written notice to the other, immediately terminate the Transaction and this Confirmation, without penalty, termination payment or liability of either Party to the other except as provided in sub-paragraph (i) above.

3. Failure to Deliver/Accept. Notwithstanding the Contract Price being expressed as the sum of the Energy Price (less CAISO Credit) and the applicable GA Price, the calculation of damages for failure to Deliver or Accept the Produ ct (or any component thereof) shall be calculated in accordance with Section R- 9. l.2(a), subject to the modifications set fo11h herein. For greater certainty: (i) any quantity of Category Product that does not meet or satisfy the applicable Eligibility Requirements as a result of a Seller Eligibility Failure shall be considered a failure to Deliver by Seller, and (ii) Seller shall no be liable to Purchaser for any quantity of Category Product that does not meet or satisfy the applicable Eligibility Requirements as a result of a Purchaser Eligibility Failure. If WREGIS Certificate(s) are not transferred as required by this Confirmation solely as a result of an error or omission of WREGIS or the CAISO, it shall not be a failure to Deliver or Accept, however the Pai1ies shall use commercially reasonable effort and cooperate in good faith to cause WREGIS to correct its error or omission to complete such transfer.

4. Waived Shortfall - Category 2 Product. If Seller reasonably anticipates that it will be unable to Deliver the required quantity of Category 2 Product with respect to any Generation Sub- term or the Generation Term, Seller may provide written notice to Purchaser on or before sixty (60) days prior to the end of the applicable Generation Sub -term and, upon Purchaser's receipt of such notice, the Pai1ies will negotiate in good faith using commercially reasonable efforts to determine whether Seller may deliver a product comparable in all material respects to the Category 2 Product generated by or attributable to an Alternate Eligible Facility or Alternate Source ("Alternate Supply"). If the Parties mutually agree to such arrangements for Alternate Supply, they will enter into a separate agreement respecting same (which will include the same Contract Price and otherwise be in substantially the same form as this Confirmation) and Purchaser will waive the shortfall and any related liquidated damages that may otherwise be payable pursuant to this Confirmation for the amount of such Alternate Supply.

5. Events of Default; Remedies. For purposes of this Transaction:
(a) For the purposes of determining payments under Section 22 of the WSPP Agreement, with respect to this Transaction, the economic benefits or losses of the Non -Defaulting Party resulting from termination of this Transaction shall be based on the energy and Green Attributes components of the Product.
(b) The remedies for failure to Deliver or Accept the Product (including Green Attributes) provided for in the WSPP Agreement and Service Schedule R, as amended by this Confirmation, are the sole and exclusive remedies and all other remedies are waived. 8 6. Importer of Energy/Compliance Obligation. For any Energy imported into California, Seller will be the electricity importer into California for purposes of the Cap and Trade Regulations. The Parties acknowledge that Seller will be responsible for satisfying the Compliance Obligation under the Cap and Trade Regulations associated with the energy which Seller shall sched ule and import into the CAISO Balancing Authority as part of the Product to be delivered under this Confirmation and that Seller may and shall have the right to claim that any Energy that Seller has scheduled and imported into the CAISO Balancing Authority is from a Specified Source and claim the RPS Adjustment with respect to Substitute Energy. Purchaser agrees to assist Seller in making the Specified Source and RPS Adjustment claims, including agreeing as follows:
(a) Specified Source- Category 1 Product. Purchaser agrees, by May 15 following the end of each calendar year in the Generation Term, to provide Seller with a written attestation providing a detailed breakdown of the total quantity of WREGIS Certificates transferred under this Confirmation associated with the Category 1 Product that have been placed in a WREGIS retirement subaccount and those that remain in a WREGIS active subaccount and the name of each such account.
(b) RPS Adjustment - Category 2 Product. [Reserved].

Notwithstanding Section 8 of these Special Conditions, Purchaser remains primarily liable to Seller for Purchaser's obligations under this Section 6.

This Section 6 is based on the Cap and Trade Regulations and Mandatory Reporting Rule as of the Reference Date of this Confirmation. In the event that the regulatory requirements for mitigating the Compliance Obligation change after the Reference Date, Purchaser shall make commercially reasonable efforts to assist Seller in meeting such regulatory requirements. This provision shall survive expiry or earlier termination of this Transaction until s uch time as the information contemplated herein in respect of the last year of the Generation Term is provided to Seller by Purchaser.

7. Standard/Non-Modifiable Terms and Conditions .
(a) This Agreement and the rights and duties of the Parties hereunder shall be governed by and construed, enforced and performed in accordance with the laws of the state of California, without regard to principles of conflicts of law. To the extent enforceable at such time, each Party waives its respective right to any jury trial with respect to any litigation arising under or in connection with this Agreement. [STC 17]
(b) Seller shall be responsible for ensuring that: (i) each Project is certified as an eligible renewable energy resource for the RPS prior to delivery of Category 1 Product or Category 2 Product hereunder from such Project; and (ii) the Green Attributes have been or will be transferred to Seller and will be transferrable to Member through or using WREGIS, or such similar generation information or attributes tracking system as may be approved by or other method of transfer acceptable to the Energy Commission; (c) Seller warrants that all necessary steps to allow the Renewable Energy Credits transferred to Buyer to be tracked in the Western Renewable Energy Generation Information System will be taken prior to the first delivery under the contract [STC REC-2]; (d) Seller hereby provides and conveys all Green Attributes associated with all electricity generation from the Project as part of the Product being delivered. Seller represents and warrants that Seller holds the rights to all Green Attributes from the Project, and Seller agrees to convey and hereby conveys all such Green Attributes as included in the delivery of the Product from the Project; and
9 (e) For the purposes of this Transaction:
(i) Seller, and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement that: (i) the Project qualifies and is ce1iified by the CEC as an Eligible Renewable Energy Resource ("ERR") as such term is defined in Public Utilities Code Section 399.12 or Section 399.16; and (ii) the Project's output delivered to Buyer qualifies under the requirements of the California Renewables Portfolio Standard. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law [STC 6]; and
(ii) Seller and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement the Renewable Energy Credits transferred t o B
uyer conform to the definition and attributes required for compliance with the California Renewables Portfolio Standard, as set fo1ih in California Public Utilities Commission Decision 08- 08-028, and as may be modified by subsequent decision of the California Public Utilities Commission or by subsequent legislation. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default i f Seller has used commercially reasonable efforts to comply with such change in law. [STC REC- I]
For the purposes of STC 6 above, for the Category 2 Product, the Parties acknowledge that Seller is delivering Substitute Energy, in substitution for Project Energy, and Green Attributes.

As used in Section 7(e) of these Special Conditions, "Delivery Term" has the same meaning as "Generation Term" provided that, for the purposes of STC 6 above with respect to any facility listed in Schedule A, the Pm:ties agree that the representation and warranty therein applies only to the portion of such Delivery Tenn that is after the eligibility date issued by the CEC and during which the output from that facility is being delivered pursuant to this Confirmation.

8. Member Obligations. Member hereby agrees to take (or cause to be taken) the following actions:
(a) For Category I Product, to place the WREGIS Certificates in its WREGIS retirement subaccount or WREGIS active subaccount for the purposes of its compliance with the RPS; (b) For Category 2 Product, to place the WREGIS Certificates in its WREGIS retirement subaccount and designate the RECs represented by such WREGIS Certificates for retirement for the purposes of its compliance with the RPS for the applicable year in the Generation Term in accordance with the Cap and Trade Regulation; and (c) To provide Seller with written attestations as set forth in Section 6 of these Special Conditions within the time required by such Section.

M
ember is not a pmiy to the WSPP Agreement, but hereby agrees to incorporation and application of such terms to the extent required to enforce this Section 8, provided that the application of the WSPP Agreement is expressly subject to the modifications in this Confirmation.

9. Resale. Seller makes no representation or warranty that the Category 1 Product or Category 2 Product will satisfy applicable Eligibility Requirements if re -sold by Purchaser. In the event all or any portion of the Category Product(s) purchased or to be purchased by Purchaser hereunder is re- 10 sold by Purchaser, any such resale does not affect Purchaser's obligations hereunder and Purchaser remains primarily liable to Seller for all Purchaser's obligations hereunder.

10. Commercially Reasonable Efforts.
(a) A Party required to use or make "reasonable
in aggregate
direct or indirect costs, including lost profits, and out -of-pocket costs and expenses, to comply with such "commercially reasonable effo11s", and then only to the extent incurring such costs would be reasonably likely to achieve the desired effect. (b) In the event an issue or circumstance requiring a Party to use or make reasonable efforts or commercially reasonable efforts similarly affects one or more other transactions between the Patties, the limit set fo11h in paragraph (a) above shall not be cumulative to any limits applicable to such other transactions.

11. Suppo11ing Data . For the applicable Category Product delivered from facilities outside CAISO Balancing Authority Area, Seller will provide Purchaser with hourly meter data, e-Tag data and, if applicable, associated calculations of the lesser of each by hour for each month RECs are delivered to Purchaser under this Confirmation. Further, Seller will use commercially reasonable effo11s to provide such other data or information as may be reasonably requested and required by Purchaser for the purposes of using the applicable Category Product for its compliance with the RPS provided such requested data or information is available to Seller and can be disclosed by Seller to Purchaser without breaching confidentiality obligations owed to a third party.

12. Confidentiality . Section 30.1 of the WSPP Agreement is amended by deleting the "or" immediately before subsection (7) and insetting the following immediately after the end of subsection (7) "or, (8) to Deliver RECs pursuant to the requirements of the Tracking System".

13. Entire Agreement. This Confirmation sets forth the terms of the Transaction into which the Parties have entered and shall constitute the entire agreement between the Parties relating to the contemplated purchase and sale of the Product.

14. Condition Precedent. This Confirmation (and the Transaction confirmed thereby) shall not be binding upon any Party until and unless both Powerex and CCEA have executed and delivered this Confirmation to the other Party before 4:00 p.m. Pacific Prevailing Time on June 30, 2021. If either Patty fails to satisfy the foregoing condition precedent, then this Confirmation (and the Transaction confirmed thereby) shall have no force and effect and all offers hereunder shall be deemed rescinded.
[Remainder of this page intentionally left blank]

11 ACKNOWLEDGED AND AGREED TO:

POWEREX CORP.* CALIFORNIA CHOICE ENERGY
AUTHORITY, a California joint powers
authority
Name• Name:

Title:

Date:

Jason Caudle
Executive Director
. Contact:

Anthony Des Lauriers
Tel: (604) 891-6018
F ax: (604)891-5056
Contact:

Cathy DeFalco
Tel: (805) 260-9047
E-mail: [email protected]
Scheduling:

Tel: (604) 891-5007 (Prescheduler)
Tel: (604) 891-5091 (Real Time) .

Tel: (604) 891-5057 (Mid-Office Agreement)
Fax: (604) 891-.5045
E-mail: [email protected]
Scheduling:

Tel: (805) 260-9047 (Prescheduler)
Tel: (805) 260-9047 (Real Time)
Tel: (805) 260-9047 (Mid-Office Agreement)
E-mail: [email protected]
ACKNOWLEDGED AND AGREED TO SOLELY FOR SECTION 8 OF THE SPECIAL CONDITIONS:

CITY OF PALMDALE
Name:
· Title:

Date:

Ronda Perez
Acting City Manager

13 SCHEDULE "B"
Additional Definitions
For the purposes of this Confirmation, the following terms shall have the following meanings:
(a) "Accept", " Accepts" or "Accepted" has the same meaning as Acceptance in Service Schedule R. (b) "Agreement", as used in Section 7 of the Special Conditions, means, collectively, all of the terms applicable to a REC Transaction under the WSPP Agreement, Service Schedule R, and this Confirmation.
(c) "Alternate Eligible Facility" m eans an alternate generation facility that is certified as an eligible renewable energy resource for the RPS and from which Seller is entitled to energy and associated Green Attributes generated during the Generation Term (or portion thereof in respect of which bundled energy and associated Green Attributes to be Delivered hereunder are generated by such facility).
(d) "Alternate Source" m eans an alternate source of supply of energy and associated Green Attributes generated by the same facility as a Project during the Generation Term and which S eller is entitled to pursuant to its purchase agreements for output from the facility. (e) "Buyer" m eans Purchaser.
(f) "CAISO Balancing Authority" means, as the context requires, CAISO as "Balancing Authority" or "CAISO Balancing Authority Area", as such terms are used in the CAISO Tariff. (g) "CAISO Point" means any Location in the CAISO Balancing Authority or CAISO Controlled Grid, including any Scheduling Point (as such terms are defined in the CAISO Tariff). (h) "CAISO Tariff' means the applicable tariff and protocol provisions of the California Independent System Operator ("CAISO") (as amended from time to time). (i) "Cap and Trade Regulations" means the regulations entitled California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms set forth at Article 5 of Subchapter 10 of Title 17 of the California Code of Regulations.
(i) "Category I Product" means the Product where Purchaser has elected to have the energy Delivered as Project Energy in accordance with Delivery Method I. (k) "Category I Product Eligibility Requirements" means, with respect to the Category I Product only, any applicable criteria or requirements of the RPS in force an·d effect as of the Reference Date regarding the eligibility or qualification of the Category I Product to meet the criteria of Section 399.16(b)(l) of the California Public Utilities Code or th is Confirmation or the Transaction confirmed hereby for the RPS, including without limitation any eligibility criteria applicable to an out-of-state resource.
(I) "Category 2 Product" means the Product where Purchaser has elected to have Substitute Energy Delivered in substitution for Project Energy in accordance with Delivery Method 2. (m) "Category 2 Product Eligibility Requirements" m eans, with respect to Category 2 Product only, any applicable criteria or requirements of the RPS in force and effect as of the Reference Date regarding the eligibility or qualification of the Category 2 Product to meet the criteria of Section 399. l 6(b)(2) of the California Public Utilities Code or this Confirmation or the Transaction 14 confirmed hereby for the RPS, including without limitation any eligibility criteria applicable to an out-of-state resource.

(n) "Category Product" means Category 1 Product or Category 2 Product, as applicable.

(o) "change in law" means "Change in Law" as defined in Service Schedule R, as modified herein.

(p) "Compliance Obligation" has the meaning set forth by the Cap and Trade Regulations.

(q) "CPUC" means the California Public Utilities Commission.

(r) "Effective Date" means the date on which both Parties have executed and delivered this Confirmation.

(s) "Eligibility Requirements" means Category 1 Product Eligibility Requirements or Category 2 Product Eligibility Requirements, as applicable.

(t) "Energy" means Project Energy or Substitute Energy, as applicable.

(u) "Energy Commission" or "CEC" means the California Energy Commission.

(v) "Environmental Attributes" means Green Attributes.

(w) "Generally Accepted Utility Practice" means a practice established by the Western Electricity Coordinating Council ("WECC") or any successor regional reliability council, as such practice may be revised from time to time, or if no practice is so established, means a practice otherwise generally accepted in the WECC region.

(x) "Generation Sub-term" means any sub -period within the Generation Term as specified in the Energy Delivery Profile Table under the heading "Delivery Method Quantity" (and for greater certainty means Generation Term if only one Generation Sub-term).

(y) "Green Attributes" means any and all credits, benefits, emissions reductions, offsets, and allowances, howsoever entitled, attributable to the generation from the Project, and its avoided emission of pollutants. Green Attributes include but are not limited to Renewable Energy Credits, as well as: (1) any avoided emission of pollutants to the air, soil or water such as sulfur oxides (SOx), nitrogen oxides (NOx), carbon monoxide (CO) and other pollutants; (2) any avoided emissions of carbon dioxide (CO2), methane (CH4), nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride and other greenhouse gases (GHGs) that have been determined by the United Nations Intergovernmental Panel on Climate Change, or otherwise by law, to contribute to the actual or potential threat of altering the Ear th's climate by trapping heat in the atmosphere; 1 (3) the reporting rights to these avoided emissions, such as Green Tag Reporting Rights. Green Tag Reporting Rights are the right of a Green Tag Purchaser to report the ownership of accumulated Green Tags in compliance with federal or state law, if applicable, and to a federal or state agency or any other party at the Green Tag Purchaser's discretion, and include without limitation those Green Tag Reporting Rights accruing under Section 1605(6) of The Energy Policy Act of 1992 and any present or future federal, state, or local law, regulation or bill, and international or foreign emissions trading program. Green Tags are accumulated on a MWh bas is and one Green Tag represents the Green Attributes associated with one (1) MWh of Energy. Green Attributes do not include (i) any energy, capacity, reliability or other power attributes from the Project, (ii) production tax credits associated with the c onstruction or operation of the Project and other

1 Avoided emissions may or may not have any value for GHG compliance purposes. Although avoided emissions are included in the list of Green Attributes, this inclusion does not create any right to use those avoided emissions to comply with any GHG regulatory program.
15 financial incentives in the form of credits, reductions, or allowances associated with the project that are applicable to a state or federal income taxation obligation, (iii) fuel- related subsidies or "tipping fees" that may be paid to Seller to accept certain fuels, or local subsidies received by the generator for the destruction of particular preexisting pollutants or the promotion of local environmental benefits, or (iv) emission reduction credits encumbered or used by the Project for compliance with local, state, or federal operating and/or air quality permit s. If the Project is a biomass or biogas facility and Seller receives any tradable Green Attributes based on the greenhouse gas reduction benefits or other emission offsets attributed to its fuel usage, it shall provide Buyer with sufficient Green Attributes to ensure that there are zero net emissions associated with the production of electricity from the Project.

(z) "Green Tag Purchaser", as used in the definition of Green Attributes, means Purchaser or Member, as applicable.

(aa) "Mandatory Reporting Rule" means the regulations entitled Mandatory Greenhouse Gas Emissions Reporting set forth at Article 2 of Subchapter 10 of Title 17 of the California Code of Regulations.

(bb) "Paity" means Purchaser or Seller, and "Parties" means both Purchaser and Seller. Member is a Party to this Confirmation for the purposes of Section 8 of the Special Conditions.

(cc) "Permitted Encumbrances" means any liens, claims, security interests or other encumbrances arising or attaching upon or after transfer of title or through Purchaser or Member.

(dd) "Project" means a facility listed in Schedule "A" provided that, for the purposes of Section 7(d) of the Special Conditions, the term "Project" shall be read to refer to all such facilities listed in Schedule "A" but only to the extent of Seller's contractual rights to the energy and Green Attributes produced by such facilities. Seller must be contractually entitled to all or a portion of the bundled energy and associated Green Attributes generated by the facilities listed in Schedule "A" during the Generation Term (or portion thereof in which the Product is generated by or attributed to such facility). Purchaser acknowledges that Seller (i) may deliver the Product from any or all Projects, and, (ii) may not have a contractual right to the entire output of such facilities.

(ee) "Purchaser Eligibility Failure" means a failure of a Category Product to meet or satisfy the applicable Eligibility Requirements or any element or component thereof which are in the direct control of Purchaser or Member to meet or satisfy as a result of or if caused by or attributable to an act or omission of Purchaser or Member, including use of the Product other than for its own RPS compliance purposes, procurement by Purchaser on behalf of Member rather than on its own behalf, a failure by Purchaser or Member to accept an applicable transfer on WREGIS, to provide information and data available to Purchaser or Member (including as provided by Seller) as may be required to verify the Green Attributes comprised in the Products or failure to retire or designate for retirement the RECs for the purposes of compliance with the RPS.

(ff) "REC" or "Renewable Energy Credit" means "renewable energy credit" as set forth in California Public Utilities Code Section 399.12(h).

(gg) "Reference Date" means the date that Powerex has executed this Confirmation (as reflected on the signature page hereto.

(hh) "RPS" means the California Renewables Portfolio Standard Program codified at California Public Utilities Code Section 399.11 et seq.

(ii) "RPS Adjustment" means the reduction in the Compliance Obligation of an electricity importer authorized by and calculated in ac cordance with section 95852 (b)(4) of the Cap and Trade Regulations and section 95111(6)(5) of the Mandatory Reporting Rule. 16 (jj) "RPS ID" means the "California Energy Commission RPS certification number", the "identification number" and/or the "RPS ID", as such terms are used by the CEC to describe the identification number for an eligible renewable energy resource that has been certified (or will be certified for the period of deliveries) as such by the CEC for the purposes of the RPS. The RPS ID for each Project is set out beside the applicable facility under the column "RPS ID" in the table attached hereto as Schedule "A".

(kk) "Scheduling Point" has the meaning set forth in the CAISO Tariff, including (w ithout limitation) the SYLMARDC_2_N501 and MALIN_S_NI0I Scheduling Points.

(II) "Seller Eligibility Failure" means a failure of Category I Product or Category 2 Product to meet or satisfy the applicable Eligibility Requirements or element or component thereof applicable to a Category Product which are in.the direct control of Seller to meet or satisfy as a result of or if caused or attributable to an act or omission by Seller, unless such failure is excused by Uncontrollable Force.

(mm) "Special Conditions" means the terms and conditions identified under the heading "Special Conditions" of this Confirmation.

(1111) "Specified Source" means "specified source", as such term is defined in the Mandatory Repo1ting Rule.

(oo) "WREGIS" means the Western Renewable Energy Generation Information System or any successor renewable energy tracking program.

(pp) "WREGIS Certificate" means a "C ertificate" as defined by WREGIS in the WREGIS Operating Rules and designated by law as eligible for complying with the RPS and for evidencing the Green Attributes associated with the Product.

(qq) "WREGIS Operating Rules" means the operating rules and requirement adopted by WREGIS, as amended from time to time.

(rr) "WREGIS Timelines" means the time line for WREGIS Certificate creation by WREGIS 111 accordance with WREGIS Operating Rules as applied by WREGIS. 17 SCHEDULE "C"

Amendments and Modifications to WSPP Agreement and Service Schedule R

The Parties agree to the following applications of the WSPP Agreement and the following conditions shall apply to this Transaction.

1. Clarification Regarding "All Attributes". The following is inserted after the word "producing" on the fom1h line of Section R- 2.4.1 of Service Schedule R: "associated with the REC to be transferred".

2. Clarification Regarding Delivery of RECs. The following is deleted from the first sentence of Section R -3.1.1: "the Contract Quantity to Purchaser" and replaced with "a REC to Purchaser in accordance with this Agreement or as otherwise provided in a Confirmation".

3. Clarification Regarding Acceptance ofRECs . The following is added to the end of Section R -3.1.2 of Service Schedule R: "Purchaser shall not be entitled to reject or refuse to Accept any RECs Delivered which comply with the requirements of a Confirmation pursuant to which they are Delivered. Purchaser's rejection of or failure to Accept any conforming RECs Delivered in accordance with this Agreement and the applicable Confirmation shall be subject to Section R-

9.1.1 or R-9.1.2 of Service Schedule R, as the case may be, as modified by a Confirmation."

4. Clarification Regarding Delivery in Bundled REC Transactions. The following is deleted from the first sentence of Section R -3.2.1: "the Contract Quantity of the REC and the Contract Quantity of the Energy" and repl aced with "the REC and the Energy in accordance with this Agreement or as otherwise provided in a Confirmation".

5. Passage of Title of RECs in Bundled REC Transactions. The second sentence of Section R -3.2.3 of Service Schedule R is deleted and replaced with the following: "If the REC is to be generated on or after the Effective Date, title to the REC shall pass from Seller to Purchaser (on behalf of Member) upon Delivery and Acceptance."

6. Generation Information and Expedited Certificates. The first sentence of Section R -3.3.1 of Service Schedule R is deleted. The Parties acknowledge and confirm that this Confirmation does not provide for forward transfer certificates in WREGIS or for any other designa ted Tracking System to expedite transfer of certificates.

7. Clarification Regarding Issuance of RECs. The first sentence of Section R -3.3.2 is deleted up to the semicolon and replaced with the following: "Seller is responsible for ensuring the transfer and issuance of RECs by the Tracking System;".

8. Clarification Regarding Conveyance. The words "As of both Delivery and" are deleted from the first line of Section R-3.4 of Service Schedule Rand replaced with "Upon".

9. Definition of "Change in Law" . The first sentence of Section R -5.2.2(a) is deleted and replaced with the following: "(a) "Change in Law" means any addition, amendment, decision, ruling, order, binding interpretation, determination, guideline, policy or guidance by or of a Governmental Authority, to or regarding any laws, rules, regulations, orders, or judicial precedent, that applies to an Applicable Program designated in the Confirmation, that is enacted, issued or becomes effective after the Reference Date and materially affects the Applicable Program or compliance of the REC with the Applicable Program."

10. Title Representation. The word s "As of both Delivery and" are deleted from the first line of Section R-6.1 of Service Schedule Rand replaced with "Upon". The following is added at the end of the last sentence of Section R-6.1: "other than Permitted Encumbrances." 18 11. Other Programs. The following is added after the last sentence of Section R -6.3: "Except as expressly set forth herein regarding the Applicable Program, Seller makes no representation or warranty that the Product will meet any particular requirement or will have any particular use or value or will be eligible for any particular renewable portfolio standard, green pricing program or governmental or voluntary compliance program or will offset, avoid, reduce or obtain credit for any reduction of pollutants or air emissions created by Purchaser's or any other person's electric generating facilities or any other facilities (each, an "Alternative Program"), and Seller shall have no obligations to Purchaser with respect to any such Alternative Programs."

12. Information Disclosed. The end of the last sentence of Section R -7.2 is deleted after the word "Confirmation."

13. Uncontrollable Force. For purposes of this Transaction, the performance of the Parties' obligations under the WSPP Agreement and this Confirmati on shall be subject to Uncontrollable Force and Section 10 of the WSPP Agreement shall apply such that either Party will be relieved of its obligations to sell and Deliver or purchase and Accept the Product without liability to the extent that, and for the period during which such performance is prevented by Uncontrollable Force. The following is added at the end of subparagraph (ii) of Section 10 of the WSPP Agreement as set out in Section R -8: ", except to the extent such supply is itself subject to Uncontrollable Force." The following is added to the sixth line of the addition to the second paragraph of Section 10 of the WSPP Agreement as set out in Section R -8 after the words "Schedules B and C": "or similar products which are not of an as -run nature". I n the event of any dispute regarding Seller's allocation of production during a period of cmiailment, all information relating to such allocation and Seller's compliance with Section R -8 shall be provided to a qualified independent third party selected by Seller for r view and determination and shall not be provided directly to Purchaser. Purchaser shall be entitled to receive a written copy of such independent third party's determination provided that no confidential or commercially sensitive information of Seller or third parties is disclosed therein or has been redacted therefrom. ·

14. Failm e to Accept or Deliver in Bundled REC Transactions. The last sentence of the modification to Section 21.3(a)(l) of the WSPP Agreement as set forth in Section R -9.l.2(a) is deleted. The text falling after the words "achieve such reduction)" in the modification to Section 2l.3(a)(2) of the WSPP Agreement as set f01ih in Section R-9. l.2(a) is deleted.

15. Replacement Price and Resale Price. "Energy" is deleted from the eighth line of Section R -10.1.4 and from the sixth line of Section R -10.1.5 and replaced with "the Product (or such component thereof)".
8 6
4 STAFF REPORT
California Choice Energy Authority
Date: March 22, 2022
To: Chairman Parris and Authority Members
From: Jason Caudle, Executive Director
Subject: Adopt Resolution Accepting Withdrawal of the City of Baldwin Park from the Joint Exercise Powers Agreement and Approval of Documents Related Thereto
Recommendations:

Adopt Resolution No. CCEA 1-22, accepting the withdrawal of the City of Baldwin Park from the Joint Exercise of Powers Agreement for the California Choice Energy Authority and approval of documents related thereto.

Fiscal Impact:

None.

Background:

In 2012, Lancaster City Council adopted Resolution 12-59 forming the California Clean Energy Authority (“Authority”), a Joint Powers Agreement (“JPA”) with the City of San Jacinto with the purpose of expanding solar partnerships.

On March 28, 2017, Lancaster City Council adopted Resolution No. 02-17, adopting the first amendment to the JPA Agreement. The amendment changed the name of the JPA to California Choice Energy Authority (“CalChoice”) to better reflect the JPA’s purpose and administrative support to be provided to member cities for their Community Choice Aggregation (“CCA”) operational services.

On April 23, 2019, the CalChoice Board adopted Resolution No. CCEA 04-19 approving and authorizing the City of Baldwin Park (Baldwin Park) to enter in the JPA Agreement and to become a member of the CalChoice JPA.

On April 27, 2019, the City Council of the City of Baldwin Park (Baldwin Park City Council) adopted Resolution No. 2019-016 authorizing Baldwin Park to enter into the JPA Agreement and approving and authorizing Baldwin Park to become a member of the CalChoice JPA.

CCEA CC 2
03/22/22
JC
8 6
4 On March 16, the Baldwin Park City Council adopted a resolution authorizing Baldwin Park’s withdrawal from the JPA and approved an Amended and Restated Administrative Service Agreement (“ASA”) with CalChoice which reflects declining operational and administrative support services through June 2022, at which time the ASA will terminate.

Therefore, staff recommends that the California Choice Energy Authority Board adopt Resolution No. CCEA 1-22 accepting withdrawal of the City of Baldwin Park from the joint exercise powers agreement and approve the Amended and Restated Administrative Services Agreement, and any amendments to ancillary agreements as required.

Attachment:

Resolution No. CCEA 1-22
RESOLUTION NO. CCEA 1-22

RESOLUTION OF THE CALIFORNIA CHOICE ENERGY AUTHORITY ACCEPTING THE

WITHDRAWAL OF THE CITY OF BALDWIN PARK FROM THE JOINT EXERCISE

POWERS AGREEMENT AND APPROVAL OF DOCUMENTS RELATED THERETO WHEREAS, the California Choice Energy Authority ("Authority") is a joint exercise of powers authority created under the Joint Exercise of Powers Act (California Government Code Section 6500, et seq.) by that certain agreement dated August 14, 2012, and originally entitled "Joint Exercise of Powers Agreement Relating to the California Clean Energy Authority" ("JPA Agreement"); and
WHEREAS, the Authority changed its name to the "California Choice Energy Authority" via its adoption of the First Amendment to the JPA Agreement on March 28, 2017; and
WHEREAS, Section 12 of the JPA Agreement provides that public agencies may be added as parties to the JPA Agreement, and thereby become members of the Authority, upon the following: (i) the filing with the Authority of an executed counterpart of the JPA Agreement, together with a copy of the resolution of the governing body of the joining public agency approving the JPA Agreement and the execution and delivery thereof; and (ii) adoption of a resolution of the Authority's governing body approving the addition of such public agency as a member; and
WHEREAS, the City of Baldwin Park ("City") is a municipal corporation organized and operating under the laws of the State of California, with the City Council of the City of Baldwin Park ("City Council") serving as the governing body of the City; and WHEREAS, the City Council adopted Resolution 2019-16 on April 17, 2019 authorizing the City to become a party to the Agreement and a member of the Authority; and WHEREAS, the City Council no longer desires for the City to be a party to the Agreement and a member of the Authority.

NOW THEREFORE, THE BOARD OF THE CALIFORNIA CHOICE ENERGY AUTHORITYHEREBY RESOLVES AS FOLLOWS:

Section 1. The foregoing recitals are true and correct.

Section 2. The Authority Members hereby accept the withdrawal of the City of Baldwin Park from the JPA Agreement, and thereby accepts the City’s withdrawal from membership in the Authority.

Section 3. The Authority Members hereby authorize the Authority to enter into, and the Executive Director is authorized and directed to execute on the Authority's behalf, an Amended and Restated Administrative Services Agreement with the City for the wind-down of its Community Choice Aggregation (“CCA”) operations in a form substantially similar to that attached hereto as Exhibit "A" ("Services Agreement"). The Authority Members further authorizes the Authority to enter into any ancillary agreements and/or agreement amendments required in connection with the Services Agreement.

Section 5. This Resolution shall take effect immediately upon its adoption. The Board Secretary shall enter this Resolution into the official book of resolutions. 2 3
1 3
PASSED, APPROVED, AND ADOPTED this 22nd day of March 2022 AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
___________________ _________________
ANDREA ALEXANDER R. REX PARRIS
ATTEST:

STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss:

CITY OF LANCASTER }
I, ANDREA ALEXANDER, Secretary of the California Choice Energy Authority do hereby certify that this is a true and correct copy of the original Resolution No. CCEA 1-22, for which the original is on file in my office.

WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _______ day of _________,_________.
(seal)
______________________________

EXHIBIT A

AMENDED AND RESTATED

ADMINISTRATIVE SERVICES AGREEMENT
(CITY OF BALDWIN PARK),
Dated March __, 2022
between

CALIFORNIA CHOICE ENERGY AUTHORITY,
as Provider,
and

CITY OF BALDWIN PARK,
as Customer
1 2

AMENDED AND RESTATED

ADMINISTRATIVE SERVICES AGREEMENT
(CITY OF BALDWIN PARK)
This AMENDED AND RESTATED ADMINISTRATIVE SERVICES AGREEMENT (CITY OF BALDWIN PARK) (this “Agreement”), dated as of March __, 2022 (the “Effective Date”), is between California Choice Energy Authority, a California joint powers authority (“Provider”), and City of Baldwin Park, a municipal corporation and general law city organized and operating under the laws of the State of California (“Customer”). Provider and Customer are sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties.”

R E C I T A L S
WHEREAS, pursuant to California Public Utilities Code (the “Code”) Sections 366.1, et. seq., Customer has been registered as a “community choice aggregator” (“CCA”) (as defined in the Code), which has been established for the purpose of delivering community choice aggregation services to certain customers located within its boundaries;
WHEREAS, pursuant to Code Section 366.2, Customer submitted its implementation plan to the California Public Utilities Commission (the “CPUC”); WHEREAS, pursuant to Code Section 366.2, a community choice aggregator may enter into agreements for services to facilitate the sale and purchase of electricity and other related services; WHEREAS, Provider has also been registered as a CCA and has expertise and knowledge in the management and administration of community choice aggregation programs and maintains business relationships with multiple energy suppliers;
WHEREAS, due to Provider’s expertise and knowledge, Customer engaged Provider as an independent contractor, for the purpose of facilitating the purchase and sale of electricity and other related services on behalf of Customer and for performing certain other duties and services on the terms and conditions set forth in that certain Administrative Services Agreement dated August 5, 2019 (the “Original Agreement”);
WHEREAS, Customer has filed a Notice of Intent to deregister its Community Choice Aggregator Program (BPROUD) with the CPUC, setting forth Customer’s desire to cease its operations as a CCA; WHEREAS, due to Provider’s expertise and knowledge, Customer seeks to engage Provider as an independent contractor, for the purpose of facilitating certain aspects of the wind-down of Customer’s operations as a CCA;
WHEREAS, the Parties desire to amend, restate and supersede the terms of the Original Agreement in its entirety;
WHEREAS, Provider is willing to perform such duties and services for Customer on the terms and conditions set forth herein for a fee;
NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement and such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
3 ARTICLE 1

DEFINITIONS

1.1 Definitions.

As used in this Agreement, all capitalized terms shall have the respective meanings given to them in this Agreement and in Exhibit A (Schedule of Definitions).

1.2 Construction.

All references herein to an agreement shall be to this Agreement as amended, supplemented or modified from time to time. All references to a particular entity shall include a reference to such entity’s successors and permitted assigns. The words “herein,” “hereof” and “hereunder” and other words of similar import shall refer to this Agreement as a whole, including all appendices, annexes, exhibits and schedules, and not to any particular section or subsection of this Agreement. Wherever from the context it appears appropriate, each term stated in either the singular or plural shall include the singular and the plural and pronouns stated in the masculine, feminine or neuter gender shall include the masculine, feminine and neuter genders. The words “includes” or “including” shall be deemed to be followed by the words “without limitation.” All references to statutes and related regulations shall include any amendments of the same and any successor statutes and regulations. All exhibits and schedules to this Agreement are hereby incorporated herein by reference, including the following:
(i) Exhibit A – Schedule of Definitions
(ii) Exhibit B – Scope of Work
(iii) Exhibit C – Fixed Fee Rate, Reimbursable Expenses and Notice Address
(iv) Exhibit D – Authorization Documents
(v) Exhibit E – Customer Approval Procedures
(vi) Exhibit F – Form of Authorized Officer Approval
(vii) Exhibit G – Joint Exercise of Powers Agreement and Amendments Thereto
ARTICLE 2

ENGAGEMENT OF PROVIDER

2.1 Engagement of Provider.

Customer hereby engages Provider as an independent contractor to perform certain services as set forth in Exhibit B in connection with Customer’s wind-down of its CCA program, and to perform certain other duties, all as set forth in this Agreement. In consideration of the fees and cost reimbursements payable to Provider hereunder, Provider accepts such engagement and agrees to perform the Services in accordance with the terms and conditions hereof. 4 2.2 Relationship.
(a) Provider shall act as an independent contractor of Customer with respect to the performance of its obligations hereunder. Neither Provider nor its Affiliates, employees or Subcontractors (including Provider’s legal counsel) or the employees of any such parties engaged in connection with the Services shall be deemed to be an agent, representative, employee, or servant of Customer. This Agreement is not intended to create, and shall not be construed to create, a relationship of partnership or an association of profit between Customer and Provider. Provider is not admitted to practice law in any jurisdiction, and will not provide legal advice to Customer in connection with the performance of the Services. Provider is not licensed as a provider of accounting services, does not hold any certifications required to be held by those providing accounting services, and will not provide any services that require such licensing and certification. Provider is not licensed as a financial advisor, financial manager, insurance advisor, or insurance broker.
(b) In the unanticipated event that Provider or any employee, agent, or subcontractor of Provider providing Services hereunder claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”), to be eligible for enrollment in PERS as an employee of the Customer, Provider shall indemnify, defend, and hold harmless Customer for the payment of any employee and/or employer contributions for PERS benefits on behalf of Provider or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of Customer. (c) Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Provider and any of its employees, agents, and subcontractors providing Services hereunder shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by Customer, including but not limited to eligibility to enroll in PERS as an employee of Customer and entitlement to any contribution to be paid by Customer for employer contribution and/or employee contributions for PERS benefits.

2.3 Engagement of Third Parties.

Provider may, subject to the other provisions of this Agreement, engage such Persons as it deems reasonably necessary and appropriate for the purpose of performing or carrying out any of the Services or its obligations under this Agreement; provided, however, that no such engagement shall relieve Provider of any of its obligations or liabilities under this Agreement, including those set forth in Article 7; and provided further, that, except as provided herein, Provider’s use of such Persons shall not modify or increase the compensation payable to Provider pursuant to Article 5. Except as expressly set forth herein, nothing in this Agreement shall be construed to create any contractual relationship between any such Person (including Provider’s legal counsel) and Customer.

ARTICLE 3

TERM AND RENEWAL

3.1 Term.
(a) Unless earlier terminated in accordance with Article 8, the term of this Agreement shall commence on the Effective Date and shall continue until June 30, 2022 (the “Term”). 5 (b) Unless sooner terminated as set forth in Article 8, at the expiration of the Base Term, the term of this Agreement shall be automatically extended until such time as a Party provides written notice to the other Party that it elects to terminate this Agreement pursuant to Article 8 (such written notice, a “Termination Notice”). Following receipt by such other Party of a Termination Notice, this Agreement shall terminate as set forth in Section 8.4.

ARTICLE 4

DUTIES OF PROVIDER

4.1 Services.

During the Term, Provider shall perform the services identified in the Scope of Work set forth in Exhibit B hereto or as otherwise agreed to by the Parties pursuant to the terms hereof (the “Services”). The Services shall be comprised of those services identified in the Scope of Work Exhibit as “Fixed Fee Services” (collectively, the “Fixed Fee Services”) and those services to be performed on behalf of Customer and identified in the Scope of Work Exhibit as “Reimbursable Services” (collectively, the “Reimbursable Services”).

4.2 General Operating Standards.

Provider shall perform the Services in a good, workmanlike, and commercially reasonable manner in accordance with the requirements of this Agreement and Applicable Laws. For avoidance of doubt, the Parties expressly agree that while certain limited regulatory matters are currently being handled through Provider on behalf of Customer by Braun Blaising Smith Wynne, P.C., Customer has secured its own legal counsel pertaining to its dissolution of its CCA and Provider shall have no obligation to monitor and/or notify Customer of any change in laws, regulations or other legal obligations. Provider shall use commercially reasonable efforts to cause the Services to be planned and performed in a timely and cost-effective manner. Provider shall coordinate with Customer with respect to the requirements relating to applicable provisions of the Authorization Documents that relate to the tasks to be completed by Customer on or before the date requested by Customer.

4.3 Personnel.

Provider’s administration personnel as a group, including any Persons engaged by Provider pursuant to Section 2.3, shall be qualified in administering services related to community choice aggregation programs, possess any certification(s) or license(s) necessary or required by law to perform the service, and experienced in the duties to which they are assigned.

ARTICLE 5

FEES AND COST REIMBURSEMENT

5.1 Fixed Fees.
(a) As compensation for performing the Services, Customer shall pay Provider the fees set forth in Exhibit C hereto.
6 5.2 Reimbursable Expenses. During the Term, Customer shall reimburse Provider for the expenses actually incurred by Provider in connection with the performance of the Reimbursable Services described in Paragraph B in the Scope of Work (the “Reimbursable Expenses”) in accordance with Exhibit C.
(a) The Reimbursable Expenses shall be allocated to Customer as follows:
(i) Data management fees will be allocated to Customer on the basis of the Customer’s total number of electric service accounts multiplied by the per account maintenance fee invoiced by the Data Management service provider. (ii) Fees and costs for Professional Services and Legal Services incurred in performance of the Reimbursable Services for the benefit of Provider’s members generally will be allocated among all Provider members (including Customer) on an equal basis.
(iii) Fees and costs for Professional Services, Legal Services, and Supplemental Procurement Services incurred solely on behalf of Customer will be directly assigned to and payable by Customer.
(b) The Reimbursable Expenses incurred by Provider shall be invoiced and payable as set forth in Section 5.3.
(c) Provider acknowledges that the work previously handled by Hall Energy Group with respect to the unwinding of Customer’s position in energy contracts as part of its process of winding down operations was split equally between Provider and Customer and for charges through December, 2021, has been paid.

5.3 Invoicing and Payment Procedures.
(a) Except as required by Section 5.3(c) and (e) below, the Fixed Fee and the Reimbursable Expenses shall be payable for each month not later than thirty (30) days following receipt of a Payment Invoice (each such date, a “Payment Date”) and shall be prorated for any partial monthly period at the beginning and end of the Term, with such prorations based on a thirty (30) day calendar month. Invoiced amounts will be paid by wire transfer of immediately available funds to Provider at an account designated in writing by Provider. Notwithstanding the foregoing, the Parties may agree to a different payment due date for the Supplemental Procurement Services portion of the Reimbursable Expenses. (b) Provider shall submit invoices to Customer at least ten (10) Business Days prior to the relevant Payment Date for the Fixed Fee and Reimbursable Expenses that are due and payable on such Payment Date. Invoices (“Payment Invoice”) by Provider shall be sent to Customer at the address(es) set out in Exhibit C.
(c) Provider may submit invoices to Customer and to the collateral agent for payment from the lockbox account established pursuant to the Security Documents not less than ten (10) Business Days prior to the relevant Payment Date for the Fixed Fee and Reimbursable Expenses that are due and payable on such Payment Date. The terms and conditions for payment of any Payment Invoice to be paid from the lockbox account shall be governed by the Security Documents. 7 (d) Either Party may, in good faith, dispute the correctness of any invoice, bill, charge, or any adjustment to an invoice, rendered under this Agreement, or adjust any invoice for any arithmetic or computational error within twelve (12) months of the date the invoice, bill, charge, or adjustment to an invoice, was rendered. If a Payment Invoice or portion thereof, or any other claim or adjustment arising thereunder, is disputed, payment of the undisputed portion of the Payment Invoice shall be required to be made when due, with written notice of the objection given to the other Party. Any invoice dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount (the “Disputed Payment”) shall not be required until the dispute is resolved. The Parties shall use commercially reasonable efforts to resolve the Disputed Payment within ten (10) Business Days of receipt of the notice of the Disputed Payment. Once the Parties agree on a resolved payment amount (the “Resolved Payment Amount”), Provider shall cause the next monthly Payment Invoice to reflect a credit or charge, as appropriate, based on the resolution of the payment dispute, in the amount of the Resolved Payment Amount. In the event the Parties are unable to resolve a payment dispute within ten (10) Business Days, the lesser amount shall be deemed due payable unless and until a different amount is identified following conclusion of the dispute resolution provisions in Article 12, or a court of competent jurisdiction orders otherwise. (e) The Parties agree that notwithstanding any other provision of this Agreement, the Payment Date for the final invoice hereunder shall be no later than May 15, 2022 and such final invoice shall include pre-payment of services to be rendered through June 30, 2022 and shall be paid through the lockbox account established pursuant to the Security Documents.

5.4 Records and Audits.
(a) Except as otherwise required by Applicable Laws, Provider shall keep books and records in accordance with generally accepted accounting principles with respect to Services performed for a period of three (3) years after the applicable creation date of such book or record; or any such longer period as may be required by law.
(b) Upon no less than seventy-two (72) hours’ notice to Provider, Provider shall make such books and records related to the Services available for inspection and audit by Customer or its designated agents at Customer’s expense during Regular Work Hours and at the office where such books and records are kept; provided that Provider’s company software, books and records not directly related to this Agreement shall not be subject to inspection or audit. (c) If any such inspection or audit discloses that any error has occurred and that, as a result thereof, any overpayment or any underpayment has occurred, the amount thereof shall promptly be paid with interest at the rate set forth in Section 5.5 to the Party to whom it is owed by the other Party; provided that Provider or Customer, as applicable, shall only be liable for any amounts hereunder that relate to a period within twelve (12) months of the date of the inspection or audit conducted by Customer.

5.5 Past Due Amounts.

Any amounts due under this Agreement, if not timely paid by the Party from whom they are due, shall bear interest at the per annum rate equal to the Prime Rate (as published in The Wall Street Journal) plus one and one-half percent (1.5%), prorated on the basis of a 365-day year (or such lower rate as is the maximum rate permitted by Applicable Law) from the date that such amount was due and payable (taking into account any grace period herein provided) until the time that such amount is paid. 8 ARTICLE 6
REPRESENTATIONS AND WARRANTIES; COVENANTS

6.1 General Representations and Warranties.

Each Party, for itself only, hereby represents and warrants to the other Party hereto, as of the date hereof, that:
(a) It is an entity duly organized, validly existing and in good standing under the applicable laws of the jurisdiction in which it was formed. (b) It has the requisite power and authority to enter into this Agreement and to perform its obligations hereunder (including with respect to any indemnity obligations hereunder), and the execution, delivery and performance hereof do not and will not contravene any Applicable Law, or any order of any court or Governmental Authority or agency applicable to or binding on it or any of its properties, or contravene the provisions of, or constitute a default under, its organizational documents or any indenture, mortgage, contract or other agreement or instrument to which it is a party or by which it or any of its property is bound or affected. (c) This Agreement has been duly authorized by all necessary actions on the part of such Party and the execution, delivery and performance by such Party of this Agreement do not require any approval not already obtained by it or any approval or consent not already obtained of any trustee or holders of indebtedness or obligations of such Party. (d) No authorization or approval or other action by, and no notice to or filing with, any Governmental Authority or regulatory body is required for the due execution, delivery or performance by such Party of this Agreement.
(e) The execution, delivery and performance of this Agreement have been duly authorized by all requisite entity actions.
(f) The person signing this Agreement is authorized to execute this Agreement on behalf of, and to bind, the applicable Party.
(g) Assuming the due authorization, execution and delivery of this Agreement by the other Parties hereto, this Agreement constitutes its valid and binding obligation, enforceable against it in accordance with its terms, except to the extent such enforceability is limited by bankruptcy, insolvency, moratorium or similar laws affecting or relating to the enforcement of creditors’ rights generally and by general equitable principles (regardless of whether such enforcement is considered in a proceeding in equity or at law).
(h) Except for the pending deregistration of Customer with the CPUC, there are no pending or, to such Party’s knowledge, threatened actions or proceedings against such Party before any court or administrative agency which would materially adversely affect such Party’s ability to perform its obligations hereunder.
9 6.2 Additional Customer Representations and Warranties. (a) Delegation of Authority and Authorization Documents. Customer has taken and performed all acts necessary, and has received all necessary authorizations, approvals or other actions required by, and has made all necessary filings with, any Governmental Authority that is required for the (i) delegation of authority to Provider as contemplated hereby, (ii) filing with Provider written notice of withdrawal from Provider, and (iii) adoption of a resolution of its governing body approving the withdrawal from the JPA. The Authorization Documents represent a true, complete and accurate list of all such necessary authorizations, approvals, actions and filings and Customer has provided true, complete and accurate copies of the Authorization Documents to Provider as of the Effective Date. Other than the Authorization Documents, there are no other authorizations, approvals, filings or other actions required for Customer to enter into this Agreement, perform its obligations hereunder and delegate authority to Provider to perform the Services. (b) Security Documents and Ancillary Documents. Subject to Provider’s compliance with the Customer Approval Procedures and, in connection with any Energy Contract entered into on behalf of Customer, Provider is authorized to (i) enter into Energy Contracts on behalf of Customer, (ii) grant to the counterparties to any such Energy Contracts a first priority security interest in any amounts received from the Utility, Customer or the end-users in Customer’s territory pursuant to such Energy Contracts (as contemplated in the Security Documents), (iii) arrange for any funds received from the Utility, Customer or such end-users in connection with such Energy Contracts to be deposited into a lockbox account pledged to the counterparties to any such Energy Contract and be paid to any such counterparties in accordance with the terms and conditions of such Energy Contracts and the Security Documents, and (iv) enter into any needed ancillary documentation required in connection with the execution, performance or administration of the Energy Contracts, the Security Documents or in connection with the provision of the Services. (c) Authorized Officer. Customer has designated the Authorized Officer to approve Provider’s execution of Energy Contracts as set forth in and subject to the Customer Approval Procedures, on behalf of Customer, for the purchase of energy and renewable energy and Customer has authorized the Authorized Officer to provide any such approval in the form attached hereto as Exhibit F. Upon receipt of the Authorized Officer’s approval of any Energy Contract or other action, Provider is authorized to enter into such Energy Contract or perform such action on behalf of Customer. (d) Legal Counsel. Customer has retained its own legal counsel to advise Customer with regard to the deregistration and wind-down of its CCA operations, including, but not limited to, legal, regulatory, and compliance obligations, including, but not limited to, the sufficiency of its procurement of Resource Adequacy and Renewables Portfolio Standard energy products.

Notwithstanding the foregoing, the Parties acknowledge that Provider is providing certain limited legal counsel and advice through Braun Blaising Smith Wynne, P.C. with respect to certain regulatory obligations regarding Customer’s deregistration with the CPUC.

6.3 Customer Covenants. Customer covenants and agrees as follows:
(a) Authorizing Documents. Customer shall maintain the Authorization Documents in full force and effect throughout the Term and shall immediately inform Provider of any change to the identity of the Authorized Officer hereunder or to the Authorization Documents that may affect the ability of Provider to perform its obligations hereunder. 10 (b) Collateral Agent’s Determinations. In performing the Services hereunder, Provider may rely upon the authorizations and instructions received from the Authorized Officer (if such authorization is required pursuant to the Customer Authorization Procedures) and may rely on the accuracy of the Customer Approval Procedures. Provider shall have no liability to Customer for actions taken in reliance on authorizations or instructions received by the Authorized Officer or in compliance with the Customer Approval Procedures. Until such time as Customer instructs Provider in writing that an individual is no longer an “Authorized Officer” hereunder, Provider shall have no duty to inquire as to the authority of such Authorized Officer to provide the authorizations or instructions in connection with the Services. In the event that Provider is at any time unsure as to the identity of the Authorized Officer hereunder, Provider may request written instructions from Customer as to the course of action to be adopted by Provider and Provider shall be entitled to conclusively rely upon such written instructions without liability to Customer or any other Person. (c) Data Access. If requested by Provider, Customer shall assist Provider in obtaining information regarding Customer’s end-users from the Utility, including the number of end- user customers that form part of Customer’s community choice aggregation program, the energy consumption, load shapes and usage data of such end-users and the proportional share of such end- users in Customer’s territory.
(d) Customer Rates. Customer shall establish and maintain end-user customer rates designed to generate revenues sufficient to satisfy the overall revenue requirement for Customer, including timely payment of all Customer’s obligations under this Agreement, all Energy Contracts and the Security Documents.

6.4 Response Time.
(a) Customer Response Time.
(i) In all circumstances where Provider requests the approval, consent or cooperation of Customer to any action (or inaction) hereunder, Customer shall consider and respond to such request with reasonable promptness as is feasible under the circumstances.
(ii) Provider will exercise commercially reasonable efforts to provide as much advance notice of such request as is reasonable given the prevailing circumstances and the nature of the matters for which a response is requested. (iii) If Provider is prevented from performing its obligations under this Agreement as the result of an unreasonable delay on the part of Customer to provide a required response required pursuant hereto, then Provider’s obligations hereunder shall be excused until such time as Customer provides its required response. (b) Provider Response Time.
(i) With respect to the provision of the Services, Provider shall promptly respond to any request or direction from or on behalf of Customer and to any event that requires action by Provider pursuant to this Agreement within the time frame by which such response is required hereunder.
11 ARTICLE 7

INDEMNIFICATION

7.1 Indemnification by Provider.
(a) Subject to Section 7.1(b), Provider shall defend, indemnify and hold harmless each Customer Indemnified Party from and against any and all Claims incurred or asserted against such Customer Indemnified Party arising out of or otherwise in connection with Provider’s gross negligence, bad faith, recklessness or willful misconduct in connection with the performance of the Services hereunder, including any Claims relating to any liability resulting from any violation of or noncompliance with any Applicable Law to be complied with by Provider hereunder. Provider’s obligations under this paragraph shall include all costs (including but not limited to attorneys fees) incurred in performing the same. Customer may employ counsel at its own expense with respect to any claims or demands asserted or sought to be collected against it; provided, if counsel is employed because Provider does not assume control of the defense, Provider will bear the reasonable expenses of Customer’s counsel.
(b) Notwithstanding anything to the contrary in the foregoing, Provider shall not be required to defend, indemnify or hold harmless any Customer Indemnified Party from and against, and no Customer Indemnified Party shall be exculpated from, any Claims to the extent such Claims (i) are caused by or arise from the breach of this Agreement by Customer or the gross negligence, bad faith, recklessness or willful misconduct of such Customer Indemnified Party; (ii) relate to changes to the market rate for electricity, including the fact that, from time to time, negotiated rates under Energy Contracts entered into by Provider on behalf of Customer may be higher than rates charged by the Utility, (iii) relate to defaults under the Energy Contracts that are not caused by Provider’s gross negligence, bad faith, recklessness or willful misconduct, or (iv) are the result of a change in governmental regulation or a change in Applicable Law.

7.2 Indemnification by Customer.
(a) Subject to Section 7.2(b), Customer shall defend, indemnify and hold harmless each Provider Indemnified Party from and against any and all Claims incurred or asserted against such Provider Indemnified Party arising out of or otherwise in connection with this Agreement and/or Provider’s entry into any Energy Contract on behalf of Customer or the end-users in Customer’s territory, including any Claims resulting from (i) the failure of Customer (or the end-users in its territory) to make payments with respect to an Energy Contract, (ii) a default by Provider under any Energy Contract entered into pursuant hereto that is the result of an act or omission of Customer.

Customer’s obligations under this paragraph shall include all costs (including but not limited to attorney’s fees) incurred in performing the same, and/or (iii) Customer’s failure to comply with any legal, regulatory, or compliance obligations, including, but not limited to, failure to procure sufficient Resource Adequacy and/or Renewables Portfolio Standard energy products. Provider may employ counsel at its own expense with respect to any claims or demands asserted or sought to be collected against it; provided, if counsel is employed because Customer does not assume control of the defense, Customer will bear the reasonable expenses of Provider’s counsel. 12 (b) Notwithstanding anything to the contrary in the foregoing, Customer shall not be required to defend, indemnify or hold harmless any Provider Indemnified Party from and against, and no Provider Indemnified Party shall be exculpated from, any Claims to the extent caused by or arising from the breach of this Agreement by Provider or the gross negligence, bad faith, recklessness or willful misconduct of such Provider Indemnified Party.

7.3 Indemnification Procedure.
(a) After receipt by an Indemnified Party of notice of the commencement of any Claim that is indemnifiable by Provider under Section 7.1 or Customer under Section 7.2 (as applicable, in such capacity, the “Indemnifying Party”), such Indemnified Party shall give prompt written notice to the relevant Indemnifying Party of the commencement thereof. The failure to promptly notify such Indemnifying Party shall not relieve the Indemnifying Party of any liability that it may have to any Indemnified Party with respect to such action; provided that, to the extent that any such failure to provide prompt notice is responsible for an increase in the indemnity obligations of the Indemnifying Party, the Indemnifying Party shall not be responsible for any such increase. (b) When required to indemnify an Indemnified Party in accordance with this Article 7, the relevant Indemnifying Party shall assume on behalf of such Indemnified Party and conduct with due diligence and in good faith the defense of any Claim against such Indemnified Party, whether or not the Indemnifying Party shall be joined therein, and the Indemnified Party shall cooperate with the Indemnifying Party in such defense.
(c) The Indemnifying Party shall have charge and direction of the defense and settlement of such Claim; provided, however, that without relieving the Indemnifying Party of its obligations hereunder or impairing the Indemnifying Party’s right to control the defense or settlement thereof, the Indemnified Party may elect to participate through separate counsel in the defense of any such Claim, but the fees and expenses of such counsel shall be at the expense of such Indemnified Party unless (i) the employment of counsel by such Indemnified Party has been authorized in writing by the Indemnifying Party, (ii) the Indemnified Party shall have reasonably concluded that there exists a material conflict of interest between the Indemnifying Party and such Indemnified Party in the conduct of the defense of such Claim (in which case the Indemnifying Party shall not have the right to control the defense or settlement of such Claim on behalf of such Indemnified Party) or (iii) the Indemnifying Party shall not have employed counsel to assume the defense of such Claim within a reasonable time after notice of the commencement thereof. In each of such cases the reasonable fees and expenses of counsel shall be at the expense of the Indemnifying Party. (d) The Indemnifying Party shall obtain the prior written consent of the Indemnified Party (which consent shall not be unreasonably withheld or delayed) before entering into a settlement of or ceasing to defend such claim or action if, pursuant to or as a result of such settlement or cessation, injunctive or equitable relief or other non-monetary relief, remedy or arrangement will be imposed against the Indemnified Party or if the Indemnifying Party will not fully pay or satisfy all amounts payable with respect to such proceeding or settlement. In no event shall the Indemnifying Party be required to indemnify an Indemnified Party with respect to amounts paid in settlement of a claim unless such claim was settled with the consent of the Indemnifying Party. 13 7.4 Limitations of Liability.
(a) Total Limitation of Liability. Except for amounts payable as provided in Section 7.1 (Indemnification by Provider) and Section 2.2(b), and except for amounts payable as a result of any reckless, willful or criminal conduct by Provider or its Affiliates or any of their employees, agents, officials, Subcontractors or independent contractors, Provider’s total liability under this Agreement to Customer Indemnified Parties on all Claims of any kind, whether based on contract, indemnity, warranty, tort (including negligence), strict liability or otherwise, for all losses or damages arising out of, connected with, or resulting from this Agreement or from the performance or breach thereof, or from any services covered by or furnished during the Term of this Agreement shall with respect to any fiscal year in no case exceed one hundred percent (100%) of the value of the Fixed Fee payable in such fiscal year. Similarly, except for amounts payable as provided in Section 7.2 (Indemnification by Customer), Customer’s total liability under this Agreement to Provider Indemnified Parties on all Claims of any kind, whether based on contract, indemnity, warranty, tort (including negligence), strict liability or otherwise, for all losses or damages arising out of, connected with, or resulting from this Agreement or from the performance or breach thereof, or from any services covered by or furnished during the Term of this Agreement shall with respect to any fiscal year in no case exceed one hundred percent (100%) of the value of the Fixed Fee payable in such fiscal year. (b) No Liability for Energy Contracts. Customer acknowledges that Provider will be entering into Energy Contracts on behalf of Customer and the end-users in Customer’s territory.

Customer acknowledges and agrees that neither Provider nor any member of Provider shall be liable for the amount of any shortfall between the payments due to the counterparty under such Energy Contracts and the amount received from such end-users unless such shortfall is the result of the gross negligence, willful misconduct, conversion, misappropriation or theft on the part of Provider. (c) Waiver of Consequential Damages. Except in connection with indemnification for third-party Claims or Claims resulting from gross negligence or willful misconduct, in no event, whether based on contract, indemnity, warranty, tort (including negligence), strict liability or otherwise, shall a Party or its respective Affiliates be liable for special, incidental, exemplary, indirect or consequential damages.

7.5 Survival.

Notwithstanding any other provision of this Agreement, the provisions of this Article 7 are intended to and shall survive termination of this Agreement.

ARTICLE 8

TERMINATION

8.1 Termination by Customer.
(a) Termination for Cause.
(i) Without limiting any other rights or remedies it may have, Customer shall be entitled to terminate this Agreement for cause by delivery of a Termination Notice to Provider in connection with the occurrence of any of the following events:

DocuSign Envelope ID: CB7F0FBE-E5EB-463D-A038-C123A1E3629F 14 (1) Provider fails to make any payment required to be made by Provider to Customer hereunder when such payment is due and owing under this Agreement, and such failure shall continue for ten (10) calendar days after written notice thereof has been given to Provider.
(2) Provider has filed against it petitions under any insolvency or bankruptcy Law of any jurisdiction which are not dismissed within ninety (90) calendar days of the date filed, proposes any dissolution, liquidation, composition, financial reorganization or recapitalization with creditors, makes a general assignment for the benefit of creditors, files a voluntary petition in bankruptcy under any provision of Applicable Law or consents to the filing of any bankruptcy or reorganization petition against it under any similar law, or if receivers, trustees, custodians or similar agents are appointed or take possession with respect to any property or business of Provider. (3) Provider fails to comply (other than for Force Majeure reasons) in any material respect with any term, provision or covenant of this Agreement, other than the payment of sums to be paid hereunder, and such failure shall continue for thirty (30) calendar days after written notice thereof has been given to Provider.
(4) Provider assigns this Agreement in violation of the provisions of Section 13.6.
(ii) Notwithstanding the foregoing, Customer shall not have the right to terminate this Agreement pursuant to this Section 8.1(a) if the occurrence of any of the events or conditions described in this Section 8.1(a) is the result of Customer’s bad faith, willful misconduct or gross negligence.
(b) Timing of Termination. If Customer delivers a Termination Notice to Provider pursuant to Section 8.1(a) or 8.1(b), this Agreement shall terminate as set forth in Section 8.4.

8.2 Termination by Provider.
(a) Termination for Cause.
(i) Without limiting any other rights or remedies it may have, Provider shall be entitled to terminate this Agreement for cause by delivery of a Termination Notice to Customer in connection with the occurrence of any of the following events:
(1) Customer has failed to make any undisputed payment required to be made to Provider under this Agreement and such failure is not remedied within ten (10) calendar days after the date on which Customer has received notice of such failure to make such payment.

DocuSign Envelope ID: CB7F0FBE-E5EB-463D-A038-C123A1E3629F 15 (2) Customer has filed against it petitions under any insolvency or bankruptcy law of any jurisdiction which are not dismissed within ninety (90) calendar days of the date filed, proposes any dissolution, liquidation, composition, financial reorganization or recapitalization with creditors, makes a general assignment for the benefit of creditors, files a voluntary petition in bankruptcy under any provision of Applicable Law or consents to the filing of any bankruptcy or reorganization petition against it under any similar law, or if receivers, trustees, custodians or similar agents are appointed or take possession with respect to any property or business of Customer. (3) Customer fails to establish or maintain end-user customer rates in compliance with Section 6.3(d), as reasonably determined by Provider, and fails to establish such rates within thirty (30) calendar days after written notice thereof has been given to Customer.
(4) Customer assigns this Agreement in violation of the provisions of Section 13.6.
(5) Customer fails to comply (other than for Force Majeure reasons) in any other material respect with any term, provision or covenant of this Agreement, other than the payment of sums to be paid hereunder, or as otherwise provided above, and such failure continues for sixty (60) calendar days after written notice thereof has been given to Customer; provided, however, that if such failure cannot reasonably be cured within said sixty (60) day period and Customer has diligently commenced the cure of such failure within said period, then Customer shall have a commercially reasonable additional period of time to cure such default not to exceed an additional ninety (90) calendar days.
(ii) Provider shall not have the right to terminate this Agreement pursuant to this Section 8.2(a) if the occurrence of any of the events or conditions described in this Section 8.2(a) is the result of Provider’s bad faith, willful misconduct or gross negligence.
(b) Termination for Convenience. Notwithstanding anything to the contrary in this Agreement, Provider shall be entitled to terminate this Agreement or any part of the Services for convenience, at Provider’s sole discretion with or without cause, by delivery of a Termination Notice to Customer at any time after the expiration of the Base Term; provided that no Termination Notice shall be effective for at least thirty (30) calendar days following Customer’s receipt of the same, or any such longer period as my be indicated in the Termination Notice. (c) Timing of Termination. If Provider delivers a Termination Notice to Customer pursuant to Section 8.2(a) or 8.2(b), this Agreement shall terminate as set forth in Section 8.4.

8.3 Cooperation Upon Termination.

In connection with any termination of this Agreement in accordance herewith, at the reasonable request of Customer, Provider shall cooperate with Customer to provide for the orderly transition of the performance of the Services to a replacement administrator, including the transfer of documentation and data access, in a manner that shall not prejudice Customer or hamper Customer’s ability to receive the Services and the benefits thereof from a replacement administrator after a smooth and timely transition.

DocuSign Envelope ID: CB7F0FBE-E5EB-463D-A038-C123A1E3629F 16 8.4 Effect of Termination; No Prejudice.
(a) Effect of Termination. Subject to Section 8.4(b) below, if Customer or Provider delivers a Termination Notice in accordance with, and as permitted by, this Agreement, then this Agreement shall terminate on the later to occur of (i) thirty (30) calendar days from the date of such Termination Notice and (ii) the date on which all of the Energy Contracts to which Provider is a party on behalf of Customer on the date of such Termination Notice have terminated in accordance with their respective terms.
(b) No Prejudice. Termination of this Agreement shall not affect any rights or obligations as between the Parties that may have accrued prior to such termination or that expressly or by implication are intended to survive termination whether resulting from the event giving rise to termination or otherwise. In addition, except as expressly provided for herein, termination of this Agreement for any reason shall be without prejudice to Provider’s right to receive a proportional amount of the Fixed Fees or payment of any outstanding Reimbursable Expenses as of the date of termination. Except as otherwise set forth in this Agreement, remedies are cumulative and the exercise of, or failure to exercise, one or more remedies by a Party shall not limit or preclude the exercise of, or constitute a waiver of, other remedies provided for under this Agreement by such Party. For breach of any provision of this Agreement for which an express remedy or measure of damages is herein provided, (i) such express remedy or measure of damages shall be the sole and exclusive remedy hereunder, (ii) the liability of the Party that has committed such breach shall be limited as set forth in such provision and (iii) the Parties hereby waive all other remedies or damages at law or in equity with respect to such breach. If no remedy or measure of damages is expressly provided herein with respect to a breach of any provision of this Agreement, the liability of the Party that has committed such breach shall be limited to direct actual damages only; provided that this limitation shall not apply to (A) Provider’s obligation with respect to indemnifying and holding harmless each Customer Indemnified Party to the extent of any amount owed to a third party other than a Customer Indemnified Party, if any, or (B) Customer’s obligation with respect to indemnifying and holding harmless each Provider Indemnified Party to the extent of any amount owed to a third party other than an Provider Indemnified Party.

DocuSign Envelope ID: CB7F0FBE-E5EB-463D-A038-C123A1E3629F 17 ARTICLE 9

FORCE MAJEURE

9.1 Force Majeure.
(a) Notwithstanding any other provision of this Agreement, each Party’s obligations under this Agreement shall be suspended by any Force Majeure if and to the extent that such Party is prevented or delayed from performing by reason of the Force Majeure; provided, however, that:
(i) the suspension of performance shall be of no greater scope and of no longer duration than is necessarily caused by the Force Majeure and required by any remedial measures;
(ii) no obligations of any Party that arose before the occurrence of Force Majeure shall be excused as the result of the occurrence; and (iii) each Party shall use commercially reasonable efforts to remedy its inability to perform; provided, further, that no Force Majeure shall excuse any payment obligations of either Provider or Customer otherwise due hereunder. (b) If the performance by a Party of its obligations under this Agreement is affected by any Force Majeure, such Party shall as soon as practicable notify the other Parties of the nature and extent thereof.

ARTICLE 10

NOTICES

10.1 Notices.
(a) All notices and other communications required or permitted by this Agreement or by Applicable Law to be served upon or given to a Party by any other Party shall be deemed duly served, given and received (i) on the date of service if served personally or if sent by facsimile transmission or electronic mail during Regular Work Hours (each with appropriate confirmation of receipt) to the Party to whom notice is to be given, or (ii) on the fourth (4th) day after mailing, if mailed by first class registered or certified mail, postage prepaid or (iii) on the next day if sent by a nationally recognized courier for next day service and so addressed and if there is evidence of acceptance by receipt addressed to the address(es) set forth in Exhibit C. (b) The Parties, by like notice in writing, may designate, from time to time, another address or office to which notices shall be given pursuant to this Agreement.

ARTICLE 11

CONFIDENTIALITY

11.1 General Confidential Information.
(a) Except as otherwise provided in this Agreement, without the prior written consent of the other Parties hereto, no Party shall disclose Confidential Information (as defined below) received in connection with the performance of the Services.

DocuSign Envelope ID: CB7F0FBE-E5EB-463D-A038-C123A1E3629F 18 (b) Each Party that receives any Confidential Information from the disclosing Party shall use the same degree of care that it uses to protect its own confidential information of like nature, but no less than a reasonable degree of care, to maintain in confidence the Confidential Information of the disclosing Party.
(c) No Party shall have any obligation under this Section 11.1 with respect to any information that:
(i) at the time of disclosure is in the public domain, or thereafter becomes part of the public domain, in each case through a source other than the receiving Party in violation of this Agreement;
(ii) is subsequently learned by receiving Party from a third party that, to the knowledge of the receiving Party, is not under an obligation to keep such information confidential;
(iii) was known to the receiving Party at the time of disclosure to be without confidentiality restrictions, as can be demonstrated by contemporaneous written evidence;
(iv) is generated independently by the receiving Party without reference to the Confidential Information of the disclosing Party, as can be demonstrated by contemporaneous written evidence, or
(v) is required to be disclosed pursuant to Applicable Law, regulation, subpoena, court order or other legal process or professional requirements, or in connection with the enforcement of the receiving Party’s rights under this Agreement.

Prior to any such disclosure, the disclosing Party shall, to the maximum extent possible, provide reasonable notice to the other Party, with adequate time (to be judged based upon the facts and circumstances surrounding the disclosure) for the non-disclosing party to seek court intervention if it should so elect in its sole and absolute discretion. (d) For purposes of this Agreement, “Confidential Information” shall mean all end-user customer specific information, including energy consumption, and market sensitive data, including non-public wholesale energy pricing disclosed in connection with negotiation or procurement of energy or related products under Energy Contracts in connection with the Services whether or not such information was owned or developed by the disclosing Party, which the receiving Party may obtain knowledge of, through or as a result of the relationship established hereunder with the disclosing Party.
(e) Provider shall obtain written approval from Customer in connection with any press release or promotional materials that reference the relationship established through this Agreement and such Parties shall agree on the form and content of such press release.

DocuSign Envelope ID: CB7F0FBE-E5EB-463D-A038-C123A1E3629F 19 11.2 Limited Disclosure of Confidential Information.

Notwithstanding the provisions of Section 11.1, Provider shall be entitled to the extent necessary for the performance of its duties hereunder to allow access to the Confidential Information to such of its employees and consultants who are directly concerned with the carrying out of Provider’s duties under this Agreement, provided that Provider shall inform each of such Persons of the confidential nature of, and Provider’s obligation of confidentiality with respect to, such Confidential Information and such employees and consultants shall agree to keep the Confidential Information confidential in accordance with the terms of this Agreement.

ARTICLE 12

DISPUTE RESOLUTION

12.1 Negotiations.

The Parties shall attempt in good faith to resolve all disputes promptly by negotiation, as set forth below.
(a) A Party may give another Party written notice of any dispute between such Parties that has not been resolved in the normal course of business. Representatives of such Parties at levels one level above the personnel who have previously been involved in the dispute shall meet at a mutually acceptable time and place within ten (10) Business Days after delivery of such notice, and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the dispute.
(b) If such representatives are unable to resolve, or do not anticipate being able to resolve, the dispute within twenty (20) calendar days after receiving notice of such dispute, either Party may initiate legal proceedings in a court of competent jurisdiction as provided in Section 13.2. (c) If a Party intends to be accompanied at a meeting by an attorney, the other Party shall be given at least three (3) Business Days’ notice of such intention so that the other Party may also be accompanied by an attorney. All negotiations pursuant to this Section 12.1 are confidential and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and applicable state rules of evidence. Each Party shall bear its own costs for this dispute resolution phase.

12.2 Continued Prosecution of the Work.

In case of any dispute, Provider shall continue to diligently perform its obligations under this Agreement, and, without limiting the generality of the foregoing and subject to Section 5.3(c), Customer shall continue to make payments to Provider for those portions of the Services performed hereunder that are not the subject of dispute in accordance with this Agreement.

ARTICLE 13

MISCELLANEOUS

13.1 Execution.

This Agreement may be executed in any number of counterparts and by the different Parties on separate counterparts, each of which, when so executed and delivered (including by electronic mail), shall be an original, but all such counterparts shall together constitute but one and the same instrument.

DocuSign Envelope ID: CB7F0FBE-E5EB-463D-A038-C123A1E3629F 20 13.2 Governing Law; Venue and Jurisdiction.

THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE

WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES.

ANY LITIGATION ARISING HEREUNDER SHALL BE SUBJECT TO THE

JURISDICTION OF ANY STATE OR FEDERAL COURT LOCATED IN THE STATE OF

CALIFORNIA AND VENUE SHALL BE IN THE UNITED STATES DISTRICT COURT FOR THE

CENTRAL DISTRICT OF CALIFORNIA OR THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA LOCATED IN RIVERSIDE COUNTY. ANY OF THE FOREGOING COURTS SHALL HAVE PERSONAL JURISDICTION OVER THE PARTIES HERETO. EACH PARTY

WAIVES ANY AND ALL RIGHTS TO CONTEST SAID JURISDICTION AND VENUE AND

WAIVES ANY RIGHT TO COMMENCE ANY ACTION AGAINST THE OTHER PARTY IN ANY OTHER JURISDICTION.

13.3 Intentionally Omitted.

13.4 Amendments, Supplements, Etc.

Neither this Agreement nor any of the terms hereof may be amended, supplemented, or modified orally, but only by an instrument in writing signed by Provider and by Customer.

13.5 Headings.

The headings of the Articles and Sections of this Agreement have been inserted for convenience of reference only and shall not modify, define or limit any of the terms or provisions hereof.

13.6 Assignment.
(a) Neither Party may assign, pledge or otherwise transfer this Agreement without the prior written consent of the other Party.
(b) Any attempted assignment, pledge or other transfer in violation of this Section 13.6 shall be null and void.

13.6 Successors and Assigns.

This Agreement shall be binding upon and inure to the benefit of the Parties, and their respective successors and assigns, to the extent that assignment is permitted hereunder.

13.7 Other Customers.

Nothing in this Agreement shall be construed to prevent or prohibit Provider from providing the same or similar services to any Person not a Party to this Agreement and from entering into a form of agreement substantially similar to this Agreement with any such Persons; provided that the provision of such services does not adversely affect Provider’s ability to perform its obligations hereunder.

DocuSign Envelope ID: CB7F0FBE-E5EB-463D-A038-C123A1E3629F 21 13.8 Waiver.

No provision of this Agreement may be waived except in writing by the waiving Party. The waiver of any breach of any term or condition hereof shall not be deemed a waiver of any other or subsequent breach, whether of like or different nature.

13.9 Severability.

If any provision of this Agreement is declared by a court of competent jurisdiction to be illegal, unenforceable or void, that provision shall be modified so as to be enforceable and as nearly as possible reflect the original intention of the Parties, it being agreed and understood by the Parties that (i) this Agreement and all the provisions hereof shall be enforceable in accordance with their respective terms to the fullest extent permitted by Applicable Law, and (ii) the remainder of this Agreement shall remain in full force and effect.

13.10 Construction.

Every term and provision of this Agreement shall be construed simply according to its fair meaning and not strictly for or against any Party.

13.11 Entire Agreement.

This Agreement, including the exhibits and schedules attached hereto, which are hereby incorporated by this reference as though fully set forth herein, constitutes the entire agreement between the Parties with respect to the subject matter hereof. Nothing in this Agreement, express or implied, is intended to confer upon any Person other than the Parties any rights, remedies, obligations or liabilities under or by reason of this Agreement.

13.12 Third-Party Beneficiaries.

This Agreement is made and entered into for the sole benefit of the Parties and each of their permitted successors and assigns and no other person or entity shall be a direct or indirect legal beneficiary of, have any rights under, or have any direct or indirect cause of action or claim in connection with this Agreement.

13.13 Survival.

Section 5.4, Article 7, Article 8, Article 9, and Article 13 shall survive the termination or expiration of this Agreement and any provision which by its terms or by implication is intended to survive the termination or expiration of this Agreement shall so survive.

13.14 No Rules of Construction Against Drafter.

Each Party acknowledges that it and its attorneys have been given an equal opportunity to negotiate the terms and conditions of this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party or any similar rule operating against the drafter of an agreement shall not be applicable to the construction or interpretation of this Agreement. [SIGNATURE PAGE FOLLOWS]
DocuSign Envelope ID: CB7F0FBE-E5EB-463D-A038-C123A1E3629F 22 IN WITNESS WHEREOF, the duly authorized officers of the Parties have executed this Agreement as of the Effective Date.

CALIFORNIA CHOICE ENERGY AUTHORITY
By:

Jason Caudle, Executive Director

CITY OF BALDWIN PARK
Enrique Zaldivar, Chief Executive Officer
ATTEST:

Jean M. Ayala, City Clerk
APPROVED AS TO FORM:

Robert Tafoya, City Attorney
DocuSign Envelope ID: CB7F0FBE-E5EB-463D-A038-C123A1E3629F A-1
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EXHIBIT A

SCHEDULE OF DEFINITIONS
The terms defined in this Schedule of Definitions shall include the plural as well as the singular and the singular as well as the plural. Except as otherwise indicated, all the agreements or instruments herein defined shall mean such agreements or instruments as the same may from time to time be supplemented or amended or the terms thereof waived or modified to the extent permitted by, and in accordance with, the terms thereof. When used in the Agreement (as defined below), unless otherwise defined therein, the following terms shall have the respective meanings set forth below:
“Affiliate” of a Person (the “First Person”) shall mean a Person which directly or indirectly Controls, or is Controlled by, or is under common control with, the First Person, and shall also include any limited partnership or limited liability company of which the First Person or Affiliate thereof is the general partner, managing member or manager, as the case may be, and any Subcontractor, agent, representative, employee or authorized personnel of the First Person. “Control” of a Person shall mean the customership, directly or indirectly, of more than fifty percent (50%) of the voting securities of that Person.
“Agreement” means this Administrative Services Agreement between Customer and Provider. “Applicable Law” shall mean all laws, statutes, orders, decrees, injunctions, licenses, permits, approvals, agreements and regulations of any Governmental Authority having jurisdiction over the matter in question which are applicable to or which affect Provider’s provision of the Services and/or the subject matters encompassed by this Agreement.
“Authorization Documents” shall mean the documents identified and summarized in Exhibit D, and the requirements of any documents in replacement of the foregoing or in addition thereto provided by Customer and added to and summarized in Exhibit D from time to time. “Authorized Officer” means the officer(s) of Customer designated as an “Authorized Officer” in the Customer Approval Procedures.
“Base Term” shall have the meaning set forth in Section 3.1(a). “Bundled Load” means the proposed electric energy consumption of a member of Provider, as set forth in the implementation plan filed for such member pursuant to Code Section 366.2. “Business Day” shall mean any day except a Saturday, Sunday or other day on which commercial banks in the State of California are authorized by law to close. “Claims” shall mean claims, actions, damages, expenses (including reasonable attorneys’ fees), fines, penalties, losses or liabilities.
“Code” shall have the meaning given thereto in the recitals. “Confidential Information” shall have the meaning given in Section 11.1(d). “CPUC” shall have the meaning given thereto in the recitals.

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“Customer” shall have the meaning given thereto in the introductory paragraph of the Agreement, and its permitted successors and assigns, if any, under the Agreement. “Customer Approval Procedures” means the approval procedures set forth in Exhibit E hereto. “Customer Indemnified Party” shall mean Customer (including successors and permitted assigns) and its shareholders, partners, directors, officers, agents and employees. “Disputed Payment” shall have the meaning given thereto in Section 5.3(d). “Effective Date” shall have the meaning given in the introductory paragraph of this Agreement. “Energy Contract” means an agreement for the purchase of energy, renewable energy or related products, including long-term power purchase agreements and master power purchase and sale agreements and/or confirmation letter thereto, entered into by Provider for the benefit of Customer. “Fixed Fee” shall have the meaning given thereto in Section 5.1(a). “Fixed Fee Services” shall have the meaning given thereto in Section 4.1. “Force Majeure” shall mean any event that wholly or partly prevents or delays the performance by the Party affected of any obligation arising under this Agreement, but only if and to the extent such event is not within the reasonable control, directly or indirectly, of and not the fault of the Party affected including (provided that the foregoing requirements are satisfied): condemnation; expropriation; invasion; plague; drought; landslide; storms or wind of sufficient intensity to prevent safe performance of work; tornado; hurricane; tsunami; flood; lightning; earthquake; fire; explosion; epidemic; quarantine; war (declared or undeclared), terrorism or other armed conflict; material physical damage to an energy facility to the extent caused by third parties; strikes and other labor disputes (including collective bargaining disputes and lockouts) involving Subcontractors; riot or similar civil disturbance or commotion; other acts of God; acts of the public enemy; blockade; insurrection, riot or revolution; sabotage or vandalism; embargoes; and actions of a Governmental Authority (excluding the actions of the claiming party). “Force Majeure” shall not include (1) an event that prevents or delays (i) Provider’s or Customer’s compliance with (a) Applicable Laws; and (b) Permits required under Applicable Law in connection with such Party’s performance under this Agreement and (ii) Customer’s indemnity obligations hereunder, (2) labor shortages; (3) labor strikes and other labor disputes (including collective bargaining disputes and lockouts) with regard to work by Provider or a Subcontractor (except if such action is part of a regional or national action); or (4) economic hardship (including lack of money).
“Governmental Authority” shall mean any federal, provincial, state or local government authority, agency, court or other body, officer or public entity, including any zoning authority, building inspector, or health or safety inspector, including the CPUC. “Indemnified Party” shall mean a Provider Indemnified Party or Customer Indemnified Party. “Indemnifying Party” shall have the meaning given thereto in Section 7.3. “JPA” shall mean that certain Joint Exercise of Powers Agreement Relating to the California Clean Energy Authority dated August 14, 2012, as the same has been or may be amended from time to time.

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“Payment Date” shall have the meaning given thereto in Section 5.3. “Payment Invoice” shall have the meaning given thereto in Section 5.3. “Permit” shall mean any waiver, exemption, variance, franchise, certification, approval, permit, authorization, license, consent, or similar order of or from any Governmental Authority having jurisdiction over the matter in question.
“Person” shall mean any individual, partnership, joint stock company, corporation, trust, unincorporated association or joint venture, a government or any department or agency thereof, or any other entity.
“Provider” shall have the meaning given thereto in the introductory paragraph of this Agreement, and its successors and permitted assigns, if any. “Provider Indemnified Party” shall mean Provider and its Affiliates and their respective shareholders, partners, directors, officers, agents, employees and representatives. “Regular Work Hours” means 8:00 am (PT) to 5:00 pm (PT) on a Business Day. “Reimbursable Expenses” shall have the meaning set forth in Section 5.2. “Reimbursable Services” shall have the meaning given thereto in Section 4.1. “Scope of Work Exhibit” means Exhibit B hereto.
“Security Documents” means, with respect to each Energy Contract, the security documents entered into by Customer in connection therewith pursuant to which Customer grants to the energy suppliers under each Energy Contract (or its collateral agent) a security interest in any and all monies received from the Utility or the end-users in Customer’s territory in connection with such Energy Contract, which security documents shall include (i) an account control agreement for an account (sometimes referred to as a “lockbox account”) among Customer, an account bank and the energy supplier to such Energy Contract (or its collateral agent), (ii) an intercreditor and collateral agency agreement, among Customer, the counterparties to such Energy Contracts and, if applicable, the collateral agent, and (iii) a security agreement between Customer and the counterparty to such Energy Contract (or its collateral agent).
“Services” shall have the meaning set forth in Section 4.1 and shall be comprised of the Fixed Fee Services and the Reimbursable Services.
“Subcontractors” means any subcontractor, of any tier, vendor or supplier of materials, equipment or services to Provider or any subcontractor, of any tier, of any Person engaged or employed by Provider or any subcontractor of any tier that provides any part of the Services. “Supplemental Procurement Services” has the meaning set forth in Exhibit B. “Term” shall have the meaning set forth in Section 3.1(a). “Termination Notice” shall have the meaning given thereto in Section 3.1(b). “Utility” means Southern California Edison.

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Exhibit B, Attachment A
EXHIBIT “A”

SCOPE AND SCHEDULE OF SERVICES

1. Settlement Quality Meter Data Services (SQMD) – Necessary to comply with CAISO requirements. The last submission for load served on 2/28/2022 is due 5/11/2022. Consultant shall submit daily SQMD files to BPROUD’s Scheduling Coordinator or BPROUD directly for final submission to the CAISO.

2. Billing and Accounting Functions
a. Consultant will continue to process, validate, and manage usage, invoice, billing, payment, and accounting functions key to ensuring BPROUD can collect all the revenue it is due and BPROUD customer balances are accurately settled. b. These services shall end when SCE stops sending EDI transactions for processing, expected around 5/31/2022.
c. For the avoidance of doubt, support for the California Arrearage Payment Program (CAPP) and the Arrearage Management Plan (AMP) is not included in these services.

3. Transition of Customers back to SCE
a. Consultant shall support the orderly transition of BPROUD’s customers back to SCE.

4. Ongoing access to Calpine’s System
a. In order to support ongoing billing and customer service functions, including looking up customer bills, answering billing inquiries, and supporting a smooth transition of customers back to SCE, the Consultant shall make available its CRM for BPROUD to access until the termination date of this agreement.

5. Transfer of BPROUD Data
a. If requested, Consultant shall deliver to BPROUD all BPROUD data in a mutually agreed to format at the expiration of Participant/Administrative Services Agreement with California Choice Energy Authority, in an industry-standard format and under a mutually agreed-upon timeline.

6. Call Center
a. Consultant shall continue to operate the call center through 3/31/2022, at which point it will be transitioned to a voicemail managed by BPROUD staff.

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B-6
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EXHIBIT B

SCOPE OF SERVICES
A. Fixed Fee Services (through June 2022 unless otherwise noted)

1. Scheduling Coordination
(a) Coordination of CAISO Settlements

2. Account Services
(a) Monthly Lockbox Reconciliations through March 2022 (Bayshore) (b) Review and Validate Invoices from Schedule Coordinator (PEA) (c) Monthly UUT Return through March 2022 (Maher)
(d) Collections on Returns Receivables through March 2022 (Maher) (e) Quarterly Electric Energy Surcharge Return through March 2022 (Maher) (f) Monthly Transactions Accounting through March 2022 (Bayshore) (g) Daily Deposit Tracking and Reporting to Calpine through March 2022 (Bayshore)
(h) Cross-training of BP Finance Staff through March 2022 (Bayshore) (i) Data Management Services through May (Calpine; scope attached)

3. Administration and Management of CCA Program
(a) Power Procurement (possible excess Renewable Energy Certificate sales) (b) WREGIS Account Management (including the acceptance, retirement, and potential transfer of Renewable Energy Certificates)
(c) Power Supply Settlement and Invoice Validation
(d) Historical Hourly Load Date Submission for RA (if still required by the CEC and CPUC)
(e) Provide Financial and Operations Reports
(f) Coordinate with Calpine and SCE on Billing Issues through March 2022 (Bayshore)
(g) Direct Distribution of Funds from Lockbox through March 2022 (Bayshore) (h) Transition of Lockbox to Non-Secured Account

4. Regulatory Representation and Compliance Filings
(a) Monthly EIA Submissions
(b) Annual EIA Submission
(c) QFER Submissions
(d) RPS PCIA Data Requests
(e) RA PCIA Data Requests
(f) IRP Monthly Procurement Status Reports (if still required by the CPUC) (g) CARB Annual Retail Sales Reporting
(h) Final close-out of BProud deregistration and CPUC regulatory obligations B-7
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currently known; expressly excludes such regulatory obligations or requirements as may be set and/or determined after the Term of the Agreement

5. Not Included in Scope of Services
(a) JRC Updates (CPUC has indicated this is not required) (b) Annual Power Source Disclosure Program Report
(c) Annual Power Content Mailer
(d) Preparation of Council Staff Report for approval of Power Source Disclosure Program Report and Power Content Label
(e) Biennial IRP Update (if still required by the CPUC) (f) Year End Activity
(g) Tracking and coordination of AMP payment plans with SCE (h) Annual RPS Compliance Reporting due August 2022: (this obligation falls outside of the ASA contract term; BP may contract directly with PEA for services related to this requirement under a separate agreement) B-8
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EXHIBIT C

FIXED FEE RATE, REIMBURSABLE EXPENSES

AND NOTICE ADDRESS

1. Fixed Fee Rate: For Services Performed the month of:

March 2022 - $ 13,562.00
April 2022 - $ 8,950.00
May 2022 - $ 4,610.00
June 2022 - $ 4,610.00

2. Reimbursable Expenses:
(a) Calpine: For Services Performed the month of:

March 2022 - $ 18,981.00
April 2022 - $ 15,000.00
May 2022 - $ 10,000.00

3. Pacific Energy Advisors: For Services Performed the month of:

March 2022 - $ 16,000.00
April 2022 - $ 10,560.00
May 2022 - $ 5,440.00
June 2022 - $ 5,440.00

4. Bayshore Consulting Group: For Services Performed the month of:

March 2022 - $ 2,592.50

5. Maher Accountancy: For Services Performed the month of:

March 2022 - $ 2,500.00

6. Extra Work as Requested:
(a)CalChoice $60 - $150 per hour
(b)Bayshore $60 - $150 per hour
(c)PEA $250 - $300 per hour

7. Legal Services (as incurred):
(a) not to exceed $10,000 without prior written notice to BProud

8. Address for Notices:

B-9
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Provider: California Choice Energy Authority
44933 Fern Avenue
Lancaster, California 93534
Attn: Cathy DeFalco
Tel: 888.639.2411
Email: [email protected]
With a copy to Provider’s legal counsel:

Stradling Yocca Carlson & Routh
Attn: Allison Burns
Tel: 949.725.4187
Email: [email protected]
Customer: City of Baldwin Park
Attn: Enrique Zaldivar
Tel: 626.813.5204
Email: [email protected]
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EXHIBIT C

FIXED FEE RATE, REIMBURSABLE EXPENSES

AND NOTICE ADDRESS

9. Address for Notices:

Provider: California Choice Energy Authority
44933 Fern Avenue
Lancaster, California 93534
Attn: Cathy DeFalco
Tel: 888.639.2411
Email: [email protected]
With a copy to Provider’s legal counsel:

Hall Energy Law PC
Attn: Stephen Hall
Tel: 503.477.9354
Email: [email protected]
And
Allison Burns, City Attorney
Stradling Yocca Carlson &Rauth
660 Newport Center Drive, Suite 1600
Newport Beach, CA 92660
Email: [email protected]
Tel: (949) 725-4000
Customer: City of Baldwin Park
Attn: Enrique Zaldivar
Tel: 626.813.5204
Email: [email protected]
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EXHIBIT D

AUTHORIZATION DOCUMENTS
[City’s Resolution to Withdraw from CalChoice]
DocuSign Envelope ID: CB7F0FBE-E5EB-463D-A038-C123A1E3629F E-1
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EXHIBIT E

CUSTOMER APPROVAL PROCEDURES

1.Authorized Officer
[Table to be completed with name, title of Customer’s officer that is authorized to provide Provider with necessary approvals.]
Name Title
Chief Executive Officer
Additional Authorized Title
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EXHIBIT F

FORM OF AUTHORIZED OFFICER APPROVAL
Prior to any procurement, CalChoice, or CalChoice representative will communicate the details of the proposed procurement via email. An Authorized Officer, as identified in Exhibit E, will give written approval of the procurement via email.

F-1
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EXHIBIT G

JOINT EXERCISE OF POWERS AGREEMENT

AND AMENDMENTS THERETO
G-1
1 HYBRID MEETING PURSUANT TO
GOVERNMENT SECTION CODE §54953 (e)
Tuesday, March 8, 2022

CALL TO ORDER
Vice Mayor Crist called the meeting of the Lancaster City Council/Successor Agency/Financing/Power/California Choice Energy Authority to order at 5:02 p.m.

ROLL CALL
PRESENT: City Council Members / Agency Directors / Authority Members: Malhi, Mann, Vice Mayor/Vice Chairman Crist
ABSENT: Council Members: Dorris, Mayor/Chairman Parris
On a motion by Council Member Mann and seconded by Council Member Malhi, the City Council EXCUSED Council Members Dorris and Mayor/Chairman Parris from the Lancaster City Council/Successor Agency/ Financing/Power/California Choice Energy Authority by the following vote: 3-0-0-2; Ayes: Malhi, Mann, Crist, Parris; Noes: None; Abstain: None; Absent:

Dorris, Mayor/Chairman Parris
STAFF MEMBERS: City Manager/Executive Director; Deputy City Manager/Deputy Executive Director; City Attorney/Agency/Authority Counsel; City Clerk/Agency/Authority Secretary; Assistant to the City Manager; Development Services Director; Parks, Recreation and Arts Director; Finance & Technology Director.

CC 2
03/22/2022
JC
2 INVOCATION
Eddie Barragan
World Harvest Christian Outreach

PLEDGE OF ALLEGIANCE
Henry Hearns, Mayor Emeritus

PRESENTATIONS

1. Recognition of Justice Sunday Volunteers
Presented by Jason Caudle-City Manager, Nigel Holly, and Henry Hearns-Mayor Emeritus
Representatives from the Office of Assemblyman Lackey also presented certificates to Justice Sunday Volunteers

EMERGENCY DECLARATIONS
Deputy Mayor Dr. Troung presented the COVID-19 Situation Update.

Discussion among Council included the likelihood of a fourth booster shot. Council also discussed the correlation of weather and its effect on the rise in COVID-19 cases. There was also discussion of the frequency of shots in the future. Council also discussed the status of COVID-19 medication and the availability of the medication.

Deputy Mayor Dr. Stock advised on steps to take in preparation of possible future pandemics.

On a motion by Council Member Mann and seconded by Council Member Malhi, the City Council APPROVED item number ED 1 as comprised, by the following vote: 3-0-0- 2; Ayes: Malhi, Mann, Crist; Noes: None; Abstain: None; Absent: Dorris, Parris ED 1. COVID-19 UPDATES AND ACTIONS

1. Received update from staff and/or Deputy Mayors regarding COVID-19 pandemic status.

2. Directed staff to take actions in response to updated COVID-19 information.

3. Authorized the City Manager to take actions, execute documents and/or expend funds in response to the COVID-19 pandemic.

4. Authorized and/or directed the City Attorney, with the concurrence of the City Manager, to take actions, execute documents and expend funds in response to legal issues pertaining to the COVID-19 pandemic.

CONSENT CALENDAR
3 Addressing the Council at this time:

Fran Sereseres-sought clarification on costs associated with the adoption of item number CC 13 and process involved to enact compliance.

Allison Burns, City Attorney advised on correction of bidding process listed in staff report for item number CC 10
On a motion by Council Member Mann and seconded by Council Member Malhi, the City Council APPROVED the Consent Calendar as comprised including corrections to item number CC 10, by the following vote: 3-0-0-2; Ayes: Malhi, Mann, Crist; Noes:

None; Abstain: None; Absent: Dorris, Parris
CC 1. ORDINANCE WAIVER
Waived further reading of any proposed ordinances. (This permits reading the title only in lieu of reciting the entire text.)
CC 2. MINUTES
Approved the City Council/Successor Agency/Financing/Housing/Power/California Choice Energy Authority Regular Meeting Minutes of February 22, 2022.

CC 3. CHECK REGISTERS
Approved the Check and Wire Registers for February 6, 2022 through February 19, 2022 in the amount of $6,745,289.25 as presented.

CC 4. ACCEPTANCE OF PUBLIC WORKS CONSTRUCTION PROJECT NO. 21-017 –

AVTA BUS STOP IMPROVEMENTS
Accepted the work constructed by R.C. Becker and Son, Inc., for Public Works Construction Project No. 21-017, AVTA Bus Stop Improvements and directed the City Clerk to file the Notice of Completion for the project. Retention on this project shall be disbursed in accordance with California Contract Code.

CC 5. ACCEPTANCE OF PUBLIC WORKS CONSTRUCTION PROJECT NO. 21-020 – BLVD ALL CAPS; FIND ALL AND REPLACE SATELLITE PARKING
Accepted the work constructed by R.C. Becker and Son, Inc., for Public Works Construction Project No. 21-020, Blvd Satellite Parking and directed the City Clerk to file the Notice of Completion for the project. Retention on this project shall be disbursed in accordance with California Contract Code.

CC 6. STATE OF CALIFORNIA FREEWAY AGREEMENT ON STATE ROUTE 14 AVENUE G, POST MILE 71.00 TO AVENUE M, POST MILE 64.7 WITHIN THE

LANCASTER CITY LIMITS
Approved the Freeway Agreement with the State of California on State Route 14 Avenue G, PM 71.00 to Avenue M, PM 64.7, and authorized the Mayor to sign all documents.

Directed the City Clerk to route the Freeway Maintenance Agreement to City Attorney and the Mayor for wet signatures.
4 CC 7. TAX SHARING RESOLUTION FOR PROPOSED ANNEXATION NO. 40-154 INTO LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40, ANTELOPE VALLEY
Adopted the Tax Sharing Resolution for proposed Annexation No. 40-154 into Los Angeles County Waterworks District No. 40, Antelope Valley. Directed the City Clerk to route three copies of the tax share resolution to City Attorney and the Mayor for wet signatures.

CC 8. ON-CALL ELECTRICAL CONTRACTOR FOR TRANSPORTATION
SERVICES (RFP NO. 755-22)

1. Awarded a one (1)-year contract, with an option of four (4), one (1) -year extensions with a not to exceed amount of $750,000.00 per contract term to Taft Electric Company, for RFP No. 755-22 On-Call Electrical Contractor for Transportation Services, and authorized the City Manager, or his designee, to sign all documents.

2. Awarded a one (1)-year contract, with an option of four (4), one (1)-year extensions with a not to exceed the amount of $100,000.00 per contract term to Crosstown Electrical & Data Inc., for RFP No. 755-22 On-Call Electrical Contractor for Transportation Services, and authorized the City Manager, or his designee, to sign all documents.

CC 9. APPROVE AN INCREASE IN THE CONTRACT AMOUNT FOR COHEN VENTURES, INC. DBA ENERGY SOLUTIONS FOR DEVELOPMENT OF THE

LANCASTER COMMUNITY SOLAR PROGRAM
Approved an increase in the contract amount for Cohen Ventures, Inc. DBA Energy Solutions (Energy Solutions), by $25,000.00 for the development of the Lancaster Community Solar Program and authorized the City Manager to sign all documents.

CC 10.AWARD OF BID - RFP 752-22, LANCASTER PERFORMING ARTS CENTER (LPAC) LIGHTING IMPROVEMENTS
Awarded RFP 752-22, Lancaster Performing Arts Center (LPAC) Lighting Improvements, to L.V.H. Entertainment Systems, of Moorpark, California, in the amount of $1,019,328.16 to provide new L.E.D. lighting units to the Lancaster Performing Arts Center (LPAC). Authorized the City Manager, or his designee, to sign all documents.

This contract is awarded to the lowest responsible bidder per California Public Code Section 22038 (b).

CC 11.AWARD OF CONTRACTS FOR CITY’S NEW ENTERPRISE RESOURCE

PLANNING (ERP) SOFTWARE SYSTEM TO TYLER TECHNOLOGIES AND TO

EMPHASIS SOFTWARE
Authorized the City Manager and/or his designee, with the concurrence of the City Attorney, to negotiate, finalize and execute the contracts and all related documents and addendums.
5 CC 12.RESOLUTION NO. 22-11- PROCLAIMING A LOCAL EMERGENCY,

RATIFYING THE PROCLAMATION OF A STATE EMERGENCY BY EXECUTIVE ORDERS N-25-20, N-29-20 AND N-35-20, AND AUTHORIZING REMOTE TELECONFERENCE MEETINGS FOR A THIRTY (30) DAY PERIOD PURSUANT TO

BROWN ACT PROVISIONS
City Council adopted Resolution 22-11, proclaiming a local emergency, ratifying the proclamation of a state of emergency by Executive Orders N-25-20, N-29-20 and N-35- 20, and authorizing remote teleconference meetings for a thirty (30) day period pursuant to Brown Act provisions.

CC 13.ADOPTION OF AN ORDINANCE TO ESTABLISH REQUIREMENTS FOR STATE BILL 1383 MANDATORY ORGANICS DISPOSAL REDUCTION
Adopted Ordinance No. 1088, adding Chapter 13.18 to the Lancaster Municipal Code, consistent with Senate Bill 1383 involving short-lived climate pollutants for reducing organic waste in landfills
PH 1. SUBSTANTIAL AMENDMENT TO THE CITY’S COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT
PARTNERSHIPS (HOME) 2020-2024 FIVE-YEAR CONSOLIDATED PLAN AND 2018- 2019, 2019-2020, 2020-2021 AND 2021-2022 ACTION PLANS
Vice Mayor Crist opened the public hearing.

Nike Noack, Senior Manager-Finance presented the staff report on this item.

Addressing the Council at this time:

Fran Sereseres- sought clarification on the allocation of grant money for the purchase of homes. Fran Sereseres also spoke in opposition of focusing on improvements only on the westside of Lancaster.

Vice Mayor Crist closed the public hearing.

On a motion by Council Member Mann and seconded by Council Member Malhi the City Council approved item number PH 1 as comprised, by the following vote: 3-0-0-2; Ayes:

Malhi, Mann, Crist; Noes: None; Abstain: None; Absent: Dorris, Parris a. Conducted a public hearing and upon accepting public testimony; b. Approved the Substantial Amendment to the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) 2020-2024 Five-Year Consolidated Plan (Consolidated Plan) and 2018-2019, 2019-2020, 2020-2021 and 2021- 2022 Annual Action Plans (Action Plans) to allow for the inclusion of three (3) new 6 objectives and the reprogramming of $1,213,176 in CDBG funds and $1,195,418 in HOME funds to existing and newly proposed eligible activities; and c. Authorized the City Manager, or designee, to execute and transmit all necessary contracts and associated documents, including the Substantial Amendment to the Consolidated Plan and Action Plans, and any additional amendments, to ensure the City’s timely expenditure of CDBG and HOME funds.

PH 2. AMENDMENT TO THE ADOPTED BUDGET AND CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2021-2022.

Vice Mayor Crist opened the public hearing.

George Harris, Finance and Technology Director presented the staff report on this item.

Discussion among Council included state ranking on financial performance during the pandemic.

Vice Mayor Crist directed staff to create a program to encourage citizens to buy local.

Vice Mayor Crist closed the public hearing.

On a motion by Council Member Mann and seconded by Council Member Malhi, the City Council adopted Resolution No. 22-12, authorizing an amendment to the adopted Budget and Capital Improvement Program for Fiscal Year 2021-2022., by the following vote: 3-0-0-2; Ayes: Malhi, Mann, Crist; Noes: None; Abstain: None; Absent: Dorris, Parris

NB 1. SHOP MORE IN LANCASTER HOLIDAY PROGRAM EXTENSION

Sydney Yeseta, Assistant Manager -Economic Development presented the staff report on this item
Discussion among Council included inquiry into top three local businesses were cards were used most. Council also discussed the efforts to advise citizens and businesses regarding program extension.

On a motion by Council Member Mann and seconded by Council Member Malhi, the City Council approved the extension of the Shop More in Lancaster Holiday Program through April 30, 2022, by the following vote: 3-0-0-2; Ayes: Malhi, Mann, Crist; Noes:

None; Abstain: None; Absent: Dorris, Parris
CR 1. COUNCIL REPORTS
7 Vice Mayor Crist reported on upcoming Poppy Festival to be held on April 22, 2022 through April 24, 2022 at the Antelope Valley Fairgrounds.

LANCASTER CHOICE ENERGERY AUTHORITY
No action is required at this time.

LANCASTER FINANCING AUTHORITY
No action is required at this time.

LANCASTER POWER AUTHORITY
No action is required at this time

LANCASTER SUCCESSOR AGENCY
No action is required at this time

LANCASTER HOUSING AUTHORITY
No action is required at this time

CITY MANAGER / EXECUTIVE DIRECTOR ANNOUNCEMENTS
Jason Caudle, City Manager announced upcoming events such as the State of the City on March 18, 2022; Skytower Community Engagement Workshop on March 12, 2022; Community Center ribbon cutting on March 24, 2022; Goodstock Benefit Concert on March 26, 2022. The City Manager also provided a status update on ongoing construction development.

CITY CLERK/AGENCY/AUTHORITY SECRETARY ANNOUNCEMENT
The City Clerk provided the public with the procedure to address the City Council/Successor Agency/Authority regarding non-agendized items.

PUBLIC BUSINESS FROM THE FLOOR - NON-AGENDIZED ITEMS
Addressing the Council at this time:

Kevin Baikie- spoke in opposition of current police tactics used by Los Angeles Sheriffs and Los Angeles Police Department.

Heather Varden, Representative with Los Angeles County Homeless Service Authority- provided an update on Los Angeles homeless count.

Fran Sereseres-spoke in favor of gift card extension date along with the announcement of Antelope Valley Transit Authority achieving goal of having all electric buses. 8 David Paul-spoke in favor of the Deputy Mayors’ assistance with COVID-19 and improvements made as a City.

COUNCIL/AUTHORITY COMMENTS
No comments at this time.

ADJOURNMENT
Vice Mayor Crist adjourned the meeting at 6:38 p.m. and announced the next meeting will be held on March 22, 2022 at 5:00 p.m.

PASSED, APPROVED and ADOPTED this 22nd day of March 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
__________________________ _____________________________ ANDREA ALEXANDER R. REX PARRIS

CITY CLERK MAYOR/CHAIRMAN

AGENCY/AUTHORITY SECRETARY
9 STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }ss
CITY OF LANCASTER }

CERTIFICATION OF MINUTES

CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE

ENERGY AUTHORITY
I, ___________________________, ___________________________ of the City of Lancaster, CA, do hereby certify that this is a true and correct copy of the original City Council/Successor Agency/Financing/ Power/California Choice Energy Authority Minutes, for which the original is on file in my office.

WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, CA on this _______________ day of ______________________, ____________. (seal)
__________________________________

STAFF REPORT
City of Lancaster
Date: March 22, 2022
To: Mayor Parris and City Council Members
From: George N. Harris II, Finance Director
Subject:Check Registers – February 20, 2022 through March 5, 2022 Recommendation:

Approve the Check and Wire Registers for February 20, 2022 through March 5, 2022 in the amount of $2,664,560.98 as presented.

Fiscal Impact:
$2,664,560.98 as detailed in the Check Registers.

Background:

Check Nos.: 7424445-7424724 $ 2,275,988.80
ACH/Wire Check Nos.: 101010995-101011002 $ 388,572.18 $
2,664,560.98
Voided Check No.: N/A
Voided ACH/Wire No.: N/A

CC 3
03/22/22
JC
Staff Report
Monthly Report of Investments
September 26, 2006

Page 2 ends

GH:sp
Attachments:

Check Register
ACH/Wire Register
City of Lancaster Check Register
From Check No.: 101010995 - To Check No.: 101011002
Printed: 3/7/2022 10:30 From Check Date: 02/20/22 - To Check Date: 03/05/22 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 101010995 09509 ADP, LLC ADP FEES-PE 02/28/22 39.52 101 4220301 39.52 101010996 09509 ADP, LLC ADP FEES-PE 01/29/22 707.02 101 4220301 707.02 101010997 09509 ADP, LLC ADP FEES-PE 02/07/22 4,095.36 101 4220301 4,095.36 ADP FEES-PE 01/31/22 10.00 101 4220301 10.00 ADP FEES-PE 01/31/22 20.00 101 4220301 20.00 4,125.36 4,125.36
101010998 09509 ADP, LLC ADP FEES-PE 01/03/22 80.04 101 4220301 80.04 ADP FEES-PE 01/03/22 3,323.40 101 4220301 3,323.40 3,403.44 3,403.44
101010999 10934 MISSION BANK STAND STRONG YOUTH SPORTS LOAN 250,000.00 101 4431308 250,000.00 101011000 D2727 BANC OF AMERICA PUBLIC CAPITAL 2011 ENERGY CONSERVATION ACCT #2225500 73,170.35 101 4430603 73,170.35 101011001 09509 ADP, LLC ADP FEES-BAR-CODE TIME CLOCKS 7,105.73 101 4220301 7,105.73 ADP FEES-PE 02/12/22 658.51 101 4220301 658.51 7,764.24 7,764.24
101011002 05987 THE VISITORS BUREAU-LANCASTER 12/21-TBID FEE 49,362.25 101 2501000 49,362.25 Chk Count 8 Check Report Total 388,572.18

Page 1 of 1 ends

City of Lancaster Check Register
From Check No.: 7424445 - To Check No.: 7424724
Printed: 3/7/2022 10:37 From Check Date: 02/20/22 - To Check Date: 03/05/22 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 7424445 00107 A V PRESS 10/21-LEGAL ADS 1,402.91 101 4770263 326.09 101 4770263 332.35
101 4770263 358.94
101 4770263 385.53
1,402.91 1,402.91
7424446 10336 BUBBAKOOS BURRITOS SHOP MORE LANC-GFTCD-REIMB 1,620.00 101 4431307 1,620.00 7424447 C2060 CA WATER SERVICE COMPANY 01/12-02/14/22 WATER SVC 672.16 482 4636654 672.16 7424448 10330 CALIFORNIA DEPT SOCIAL SVCS TRUSTLINE APPLICATIONS(30) 1,290.00 101 4220255 1,290.00 7424449 10447 CARAMEL BAKERY INC SHOP MORE LANC-GFTCD-REIMB 360.00 101 4431307 360.00 7424450 D4457 CARDENAS, ROSA RC-PR DM-DOWNEY-2/27-2/28/22 111.00 101 4245350 111.00 7424451 D4457 CARDENAS, ROSA RC-PR DM-ROSEMEAD-3/3-3/4/22 111.00 101 4245350 111.00 7424452 D3337 COACH'S SPORTS BAR & GRILLE SHOP MORE LANC-GFTCD-REIMB 360.00 101 4431307 360.00 7424453 D0983 CRAZY OTTO'S DINER #3 SHOP MORE LANC-GFTCD-REIMB 1,600.00 101 4431307 1,600.00 7424454 D1032 CRAZY OTTOS DINER SHOP MORE LANC-GFTCD-REIMB 1,240.00 101 4431307 1,240.00 7424455 10914 CROWN CASTLE REFUND-ECR21-03853 234.00 101 3201120 (77.00) 101 3201120 311.00
234.00 234.00
7424456 10914 CROWN CASTLE REFUND-ECR21-03850 1,509.00 101 3201120 (77.00) 101 3201120 311.00
101 3201120 311.00
101 3201120 482.00
101 3201120 482.00
1,509.00 1,509.00
7424457 10914 CROWN CASTLE REFUND-ECR21-03851 1,829.00 101 3201120 (77.00) 101 3201120 311.00
101 3201120 311.00
101 3201120 642.00
101 3201120 642.00
1,829.00 1,829.00
7424458 08890 DE LA CRUZ, LARISSA LD-PR DM-MONTEREY-2/2-2/4/22 185.00 101 4220256 185.00 7424459 09542 DON SAL COCINA AND CANTINA SHOP MORE LANC-GFTCD-REIMB 1,200.00 101 4431307 1,200.00 7424460 10597 DUBOIS, MICHAEL BAL-THE GREAT DUBOIS-3/4/22 3,655.00 101 2177003 (595.00)

Page 1 of 18 ends

City of Lancaster Check Register
From Check No.: 7424445 - To Check No.: 7424724
Printed: 3/7/2022 10:37 From Check Date: 02/20/22 - To Check Date: 03/05/22 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 101 4650318 4,250.00
3,655.00 3,655.00
7424461 10344 EL CHILAQUIL SHOP MORE LANC-GFTCD-REIMB 840.00 101 4431307 840.00 7424462 D0862 FELKINS, JOHN JF-PR DM-DOWNEY-02/27-03/01/22 185.00 101 4245350 185.00 7424463 D0862 FELKINS, JOHN JF-PR DM-ROSEMEAD-3/2-3/4/22 185.00 101 4245350 185.00 7424464 1215 L A CO WATERWORKS 12/03-02/11/22 WATER SVC 22,129.78 101 4620654 108.63 101 4633654 481.43
101 4634654 4,815.69
203 4636654 10,483.13
482 4636654 6,240.90
22,129.78 22,129.78
7424465 09945 LA PAPILLON STEAK SEAFOOD INC SHOP MORE LANC-GFTCD-REIMB 1,720.00 101 4431307 1,720.00 7424466 D3426 LAW OFFICES CHRISTOPHER RAMSEYCLAIM #053-20/CLGL-1415A1 3,607.50 113 4230303 3,607.50 7424467 07086 LUCKY LUKE BREWING COMPANY SHOP MORE LANC-GFTCD-REIMB 1,240.00 101 4431307 1,240.00 7424468 A2234 MARIE CALLENDARS SHOP MORE LANC-GFTCD-REIMB 1,640.00 101 4431307 1,640.00 7424469 D1128 MAXDONS BAR & GRILL SHOP MORE LANC-GFTCD-REIMB 700.00 101 4431307 700.00 7424470 10353 MR WOK RESTAURANT CORP SHOP MORE LANC-GFTCD-REIMB 200.00 101 4431307 200.00 7424471 10354 OLIVES MEDITERRANEAN CAFE SHOP MORE LANC-GFTCD-REIMB 1,800.00 101 4431307 1,800.00 7424472 1705 QUARTZ HILL WATER DISTRICT 12/31-01/31/22 WATER SVC 2,484.57 101 4620654 31.52 101 4620682 37.47
101 4634654 349.38
203 4636654 673.41
482 4636654 1,392.79
2,484.57 2,484.57
7424473 10913 ROKSTAD POWER, INC REFUND-ECR21-07251 297.00 101 3201120 (77.00) 101 3201120 374.00
297.00 297.00
7424474 10913 ROKSTAD POWER, INC REFUND-ECR-21-07258 297.00 101 3201120 (77.00) 101 3201120 374.00
297.00 297.00
7424475 10913 ROKSTAD POWER, INC REFUND-ECR21-07253 297.00 101 3201120 (77.00) 101 3201120 374.00
297.00 297.00
7424476 03154 SO CA EDISON 12/30-02/15/22 ELECTRIC SVC 155.26 483 4754660 155.26 7424477 03154 SO CA EDISON 01/14-02/15/22-ELECTRIC SVC 1,079.18 101 4600603 33.71

Page 2 of 18 ends

City of Lancaster Check Register
From Check No.: 7424445 - To Check No.: 7424724
Printed: 3/7/2022 10:37 From Check Date: 02/20/22 - To Check Date: 03/05/22 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 101 4633652 89.98
101 4636402 403.61
203 4636652 12.36
203 4754652 75.60
482 4636652 193.36
483 4754660 270.56
1,079.18 1,079.18
7424478 D2568 TESLA, INC PAC-01/22(19,090.24 KWH) 1,909.02 101 4650652 1,909.02 7424479 D2568 TESLA, INC CH-01/22(43,020.48 KWH) 4,302.05 101 4633652 4,302.05 7424480 D3370 VERIZON WIRELESS 01/22-WIRELESS SVC 3,901.34 112 4315651 3,901.34 7424481 D3370 VERIZON WIRELESS 01/22-IPAD SVC 6,349.85 112 4315651 6,349.85 7424482 05332 VINCE'S PASTA AND PIZZA WEST SHOP MORE LANC-GFTCD-REIMB 1,620.00 101 4431307 1,620.00 7424483 D2816 WM CORPORATE SERVICES INC MLK CLEANUP-TIERRA BONITA 776.16 101 4649566 776.16 7424484 02605 A V COLLISION REPAIRS, INC TRCK RPR-EQ6815 2,230.00 111 4753463 2,230.00 7424485 C0077 A V E K BACTERIOLOGICAL TEST 46.00 485 4755301 46.00 NSC-BACTERIOLOGICAL TESTING 20.00 101 4635404 20.00

66.00 66.00
7424486 08979 A V PEST CONTROL LMS-PEST CONTROL 175.00 101 4632301 175.00 LMS-PEST CONTROL SVC 175.00 101 4632301 175.00 350.00 350.00
7424487 00107 A V PRESS ON THE NET-2022 1,066.00 101 4205205 1,066.00 211231LGL 4,162.96 101 4210262 225.21
101 4210262 246.33
101 4210263 253.37
101 4210263 399.99
101 4770263 438.70
101 4770263 438.70
210 15SW016924 609.96
210 15SW016924 609.96
701 12ST048924 470.37
701 12ST048924 470.37
5,228.96 5,228.96
7424488 05445 ADELMAN BROADCASTING, INC KRAJ-FM / NATURALLY 7 300.00 101 4650205 300.00 7424489 08894 ADHERENCE COMPLIANCE INC CANNABIS CONSULTING SERVICES 4,290.00 101 4230301 4,290.00 7424490 10165 ADT COMMERCIAL LLC 01/22-LMS-ELEVATOR MONITORING 44.65 101 4632301 44.65 02/22-LMS-ALARM MONITORING 557.38 101 4632301 557.38 02/22-LMS-ELEVATOR MONITORING 44.65 101 4632301 44.65 646.68 646.68

Page 3 of 18 ends

City of Lancaster Check Register
From Check No.: 7424445 - To Check No.: 7424724
Printed: 3/7/2022 10:37 From Check Date: 02/20/22 - To Check Date: 03/05/22 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 7424491 09972 AFFORDABLE HSG & DEV OF SOCAL ADVISORY SVCS 2,992.50 306 4240301 2,992.50 7424492 06352 AGILITY RECOVERY SOLUTIONS 02/22-READY SUITE 698.25 112 4315302 698.25 7424493 C6143 AMERICAN BUSINESS MACHINES IMAGE RUNNER ADV COPIER 3.52 101 4410254 3.52 7424494 D3147 AMERICAN PLUMBING SERVICES,INC CMTY CTR-SINK SVC/RPR 100.00 101 4633403 100.00 7424495 02693 ANDY GUMP, INC WCP-FENCE RENTAL-1/31-2/27/22 77.40 101 4631602 77.40 HP-FENCE RENTAL-2/3-3/2/22 17.74 101 4634602 17.74 OMP-FENCE RENTAL-2/14-3/13/22 44.98 101 4634602 44.98 140.12 140.12
7424496 C9805 ARROW TRANSIT MIX INC READY MIX CONCRETE 727.55 203 4752410 727.55 READY MIX CONCRETE 746.84 203 4752410 746.84 READY MIX CONCRETE 684.00 203 4752410 684.00 2,158.39 2,158.39
7424497 C9177 AVENU MUNISERVICES, LLC SUTA SVC-3RD QTR 2021 TAX QTR ENDING SEPT 30, 2021 835.88 101 4432301 835.88 7424498 10710 BAM CREATIVE ARCHITECTUAL SVCS 4,421.66 101 11BS037924 4,421.66 7424499 01863 BAVCO LMD-BUSINESS PARK CAPTL 1,435.90 482 4636401 1,435.90 7424500 10879 BIRRIA SUPERIOR SHOP MORE LANC-GFTCD-REIMB 1,380.00 101 4431307 1,380.00 7424501 201 BOHN'S PRINTING RESP/COVID/FLU TESTING FLYERS 826.88 101 3431003 826.88 7424502 10874 C & M ELECTRIC REBUILD BASIN PUMP ELEC MOTOR 3,776.81 484 4755409 3,776.81 7424503 D0629 CA ASSOC OF CODE ENF OFFICERS WEBINAR-K COLGROVE-4/19/22 34.00 101 4245200 34.00 WEBINAR-K COLGROVE-5/26/22 34.00 101 4245200 34.00 WEBINAR-K COLGROVE-08/17/22 38.00 101 4245200 38.00 106.00 106.00
7424504 C6516 CAL SOUTH NSC-2022 STATE CUP GATE EXPENS 3,084.00 101 4645223 3,084.00 7424505 C2185 CLARK PEST CONTROL CH-ESSENTIAL CLEANING-COVID-19 880.00 101 4431301 880.00 7424506 05830 CONVERSE CONSULTANTS CP19002-10TH ST W & AVE J IMPR 620.00 203 12ST039924 620.00 7424507 07545 COSTAR REALTY INFORMATION INC 02/22-PROFESSIONAL SERVICES 1,196.45 101 4790301 1,196.45 7424508 10916 CUNNINGHAM, RAKEEM MOAH-ARTIST TALK-PERCEIVE ME 100.00 101 4651251 100.00 7424509 00414 DESERT LOCK COMPANY KEYS(20) 110.25 101 4633403 110.25 ZELDAS-KEYS(5) 10.00 101 4650403 10.00 KEYS(5) 10.00 101 4633403 10.00
CDR CTR-REKEY/REMOVE-REPLACE 492.49 101 4633403 492.49 ZELDAS-DOOR REPAIR 72.50 101 4650403 72.50 695.24 695.24

Page 4 of 18 ends

City of Lancaster Check Register
From Check No.: 7424445 - To Check No.: 7424724
Printed: 3/7/2022 10:37 From Check Date: 02/20/22 - To Check Date: 03/05/22 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 7424510 09191 DESIGNERS TOUCH LANDSCAPE INC JRP-VALVE REPAIR 550.00 101 4631404 550.00 7424511 05473 DEWEY PEST CONTROL RFND-LUC-01/22-PEST CONTROL (75.00) 101 4633301 (75.00) LUC-02/22-PEST CONTROL 75.00 101 4633301 75.00 CDR-02/22-PEST CONTROL 50.00 101 4633301 50.00 MOAH-02/22-PEST CONTROL 110.00 101 4653301 110.00 CMTY CTR-02/22-PEST CONTROL 120.00 101 4633301 120.00 MTNC YD-02/22-PEST CONTROL 137.00 203 4752301 137.00 MLS-02/22-PEST CONTROL 90.00 101 4633301 90.00 WM-02/22-PEST CONTROL 70.00 101 4633301 70.00 PAC-02/22-PEST CONTROL 50.00 101 4650301 50.00 CH-02/22-PEST CONTROL 140.00 101 4633301 140.00 BP-02/22-PEST CONTROL 95.00 101 4636301 95.00 862.00 862.00
7424512 09488 DODGE, DANI MOAH-ARTIST TALK-PERCEIVE ME 300.00 101 4651251 300.00 7424513 L0774 DOMINGUEZ, UBALDO REFUND-PMT01585-43045 SACHS DR 868.00 101 3201100 868.00 101 3201103 (169.00)
101 3201103 169.00
868.00 868.00
7424514 10907 ENGLISH, NICQUEOS DEP-GOODSTOCK AT THE HANGAR SONS OF MOTOWN 1,000.00 101 4649575 1,000.00 7424515 06857 ENTERTAINMENTMAX, INC BOOKING AGNT COMM-NATURALLY7 1,200.00 101 4650301 1,200.00 7424516 10314 EXCLAIMER SIGNATURE MNGR EXCHG ED 681.00 112 4315251 681.00 7424517 07124 FIRST AMERICAN DATA TREE, LLC 12/21-PROFESSIONAL SERVICES 400.00 101 4230301 400.00 7424518 07369 FRONTIER COMMUNICATIONS CORP 01/25-02/24/22 TELEPHONE SVC 981.48 101 4633651 981.48 7424519 10888 GONZALEZ PROPERTY SVCS IRON FENCE REPAIRS 985.00 203 4636460 985.00 7424520 10280 GRADY COMMUNICATIONS, LLC TOUR DE LUKE 1,000.00 101 4771301 1,000.00 7424521 03430 GRAINGER SAFETY SIGN(4) 101.60 101 4620403 101.60 BUILDING SUPPLIES 1,178.44 101 4620301 1,178.44 RUBBER ENTRANCE MAT(4) 287.54 101 4620301 287.54 CORNER DOME, 18", 270 DEGREE(4 517.99 101 4620403 517.99 2,085.57 2,085.57
7424522 819 HERC RENTALS INC 20KW GENERATOR-01/11-02/10/22 1,071.89 101 4431295 1,071.89 EDP-LIFT RENTAL-2/2/22 1,132.02 101 4631602 1,132.02 2,203.91 2,203.91
7424523 C4032 HOUSING RIGHTS CENTER CDBG FAIR HOUSING PROGRAM 2022 JULY 2021 3,726.59 361 4342301 3,726.59 CDBG FAIR HOUSING PROGRAM 2022 AUG 2021 2,931.37 361 4342301 2,931.37 CDBG FAIR HOUSING PROGRAM 2022 SEPT 2021 3,026.45 361 4342301 3,026.45 9,684.41 9,684.41

Page 5 of 18 ends

City of Lancaster Check Register
From Check No.: 7424445 - To Check No.: 7424724
Printed: 3/7/2022 10:37 From Check Date: 02/20/22 - To Check Date: 03/05/22 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 7424524 09873 IAMGIS GROUP LLC ANNUAL SOFTWARE FEE 39,000.00 203 4752301 10,400.00 203 4754301 6,500.00
480 4755301 6,500.00
483 4754301 6,500.00
484 4752308 2,600.00
484 4755301 6,500.00
39,000.00 39,000.00
7424525 03366 JAS PACIFIC PLAN REVIEW/INSPECTION SVCS 9,635.88 101 4793301 9,635.88 PLAN REVIEW/INSPECTION SVCS 4,062.50 101 4793301 4,062.50 13,698.38 13,698.38
7424526 C5143 KATZ AND JAMMERS SHOP MORE LANC-GFTCD-REIMB 920.00 101 4431307 920.00 7424527 09709 KHJR REAL ESTATE ADVISORY SRV PRINTING OF FINAL BOOKS 2,382.36 101 4240301 2,382.36 7424528 C7873 LANCASTER AUTO MALL ASSOC 02/22-AUTO MALL SIGN EXPENSE 204.91 101 4790340 204.91 7424529 10162 LANDSCAPE CONNECTION GROUP OMP-TROUBLESHOOT IRRIG WIRING 744.00 101 4634402 744.00 7424530 D3426 LAW OFFICES CHRISTOPHER RAMSEYC#069-19/069-19A/CLGL-1409A1 5,070.00 113 4230303 5,070.00 7424531 07713 LEAGUE OF CALIFORNIA CITIES 2022 MEMBERSHIP DUES 36,507.00 101 4200206 36,507.00 7424532 10853 LL2, INC LABORATORY DEVELOPMENT SVCS 20,000.00 101 11BS037924 20,000.00 7424533 10283 LSY ENTERPRISE INC TRAFFIC MGMT CENTER DEVT 1,875.00 207 11BS027924 553.12 321 11BS027924 1,321.88
01/22 ON-CALL TRAFFIC ENG SVCS 1,360.00 101 4771301 1,360.00 3,235.00 3,235.00
7424534 09720 LUNNON, DAVID JOSEPH MOAH-FIGURE MODEL 100.00 101 4651251 100.00 7424535 09825 MAPLOGIC CORPORATION ANNUAL MAINTENANCE/REACTIVATN 400.00 112 4315302 400.00 7424536 10190 MCKESSON MEDICAL-SURGICAL INC N95 MASKS 90.72 101 4431295 90.72 7424537 C3962 MEDRANOS MEXICAN RESTAURANT SHOP MORE LANC-GFTCD-REIMB 3,100.00 101 4431307 3,100.00 7424538 06966 MICHAEL BAKER INT'L INC AGMT RFQ 694-18/PROJECT 184421 12,117.00 101 4770316 12,117.00 7424539 D3578 MINUTEMAN PRESS LCE-CALPINE PUSH NOTICES(286 290.73 490 4250213 290.73 LCE-CALPINE PUSH NOTICES(241) 244.27 490 4250213 244.27 535.00 535.00
7424540 01184 MONTE VISTA CAR WASH CAR WASHES(13+1) 446.00 111 4753207 446.00 7424541 05773 MORRISON WELL MAINTENANCE NSC-12/21-BACTERIOLOGICAL TEST 200.00 101 4635301 200.00 7424542 08562 NAPA AUTO PARTS CLAMP-EQ3826 19.37 111 4753207 19.37 BRAKE PADS-EQ7767 71.65 111 4753207 71.65

Page 6 of 18 ends

91.02 91.02
7424543 D2822 NATIONAL CINEMEDIA, LLC THEATER ADS 525.00 101 4205205 525.00 7424544 06513 ODYSSEY POWER CORP OMP-REPAIR GENERATOR 1,161.77 101 4634402 1,161.77 7424545 03762 OFFICE DEPOT PAPER,ASTROBRIGHT(8) 84.14 101 4793259 84.14 7424546 C7808 OPSEC SPECIALIZED PROTECTION JRP-OVERNIGHT SECURITY 1,456.00 101 4630460 1,456.00 JRP-OVERNIGHT SECURITY 1,456.00 101 4630460 1,456.00 CH-FIRE WATCH(UNANTICIPATED) 572.00 101 4630460 572.00 LMS-SECURITY-02/07-02/13/22 2,860.00 101 4431301 2,860.00 6,344.00 6,344.00
7424547 06636 P & J ELECTRIC INC PBP-TRBLSHT/RPR BB-CRT LIGHTS 1,391.76 101 4631402 1,391.76 7424548 05509 P A R S 12/21-REP FEES 5,418.37 101 4220301 5,418.37 7424549 05741 P P G ARCHITECTURAL FINISHES PAINT SUPPLIES 113.85 203 4752502 113.85 PAINT SUPPLIES 113.85 203 4752502 113.85 PAINT SUPPLIES 57.50 203 4752502 57.50 PAINT SUPPLIES 926.39 203 4752502 926.39 1,211.59 1,211.59
7424550 05998 PAVING THE WAY FOUNDATION CMMNTY SPPRT/GOOD CTZNSHP PRGM 5,500.00 101 4820301 5,500.00 7424551 02257 QUALITY SURVEYING, INC CP21008-2021 NBRHD IMPRVMNT 20,000.00 701 15ST079924 20,000.00 7424552 05864 QUINN COMPANY COUPLINGS, HOSES-EQ3315 56.32 111 4753207 56.32 7424553 A9382 R H A LANDSCAPE ARCHITECTS PARKS IMPROVEMENT PLAN 1,035.00 203 4752501 1,035.00 PARKS IMPROVEMENT PLAN 165.00 104 4631402 165.00 1,200.00 1,200.00
7424554 1835 ROUND TABLE PIZZA SHOP MORE LANC-GFTCD-REIMB 2,420.00 101 4431307 2,420.00 7424555 06174 SHAWNS PAINTING ZELDAS-PATIO STUCCO,PTCH,PAINT 1,100.00 101 4650403 1,100.00 7424556 09687 SILVA, ITZEL IMPACT '21(MAR-AUG) 64.00 HRS 640.00 109 4100355 640.00 7424557 10838 SILVA, METZLI IMPACT '21(MAR-AUG) 106.50 HRS 1,065.00 109 4100355 1,065.00 7424558 07139 SITEONE LANDSCAPE SUPPLY LLC LMS-PERENNIAL RYE SEED 1,984.57 101 4632404 1,984.57 7424559 10738 SMART INTEGRATED SYSTEMS INC EVMS FOR TMC AT CITY HALL 1,350.56 321 11BS027924 1,350.56 7424560 01816 SMITH PIPE & SUPPLY INC LMS-FERTILIZER 322.86 101 4632404 322.86 OMP-CAUTION TAPE 24.88 101 4634404 24.88 JRP-SEED 344.64 101 4631404 344.64
OMP-IRRIGATION FITTINGS 54.96 101 4634404 54.96 STP-IRRIGATION 96.59 101 4631404 96.59 STP-IRRIGATION 57.94 101 4631404 57.94

Page 7 of 18 ends

City of Lancaster Check Register
From Check No.: 7424445 - To Check No.: 7424724
Printed: 3/7/2022 10:37 From Check Date: 02/20/22 - To Check Date: 03/05/22 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount NSC-IRRIGATION 852.14 101 4635404 852.14 OMP-STARTER FERTILIZER 113.77 101 4634404 113.77 PDW-VALVE BOX 44.40 101 4634404 44.40 1,912.18 1,912.18
7424561 A2089 SO CA EDISON-ACCTS REC ST LT INSTALL-SVC REQ #3109988 42404 1/4 26TH ST W 2,311.87 483 4754660 2,311.87 7424562 10297 SOLAR ART CMTY CTR-WINDOW/DOOR TINTING 13,529.00 101 4620301 13,529.00 7424563 10901 SOUTHERN CALIF NEWS GRP PREPAYMENT-ACCT 5281442 CLN-183344,183445, CLNG-183347 10,200.00 101 4649567 10,200.00 7424564 10714 SPRINGHILL SUITES BY MARRIOTT PAC-FOLIOS 78315-22, 78324 1,267.74 101 4650257 1,267.74 7424565 A0390 STOVER SEED COMPANY NSC-SEED 1,929.39 101 4635404 1,929.39 7424566 10361 SWEET FROG PREMIUM FROZEN YOGUSHOP MORE LANC-GFTCD-REIMB 1,360.00 101 4431307 1,360.00 7424567 10912 SZABO, JANE MOAH-ARTIST FEE-PERCEIVE ME 100.00 101 4651251 100.00 7424568 10878 TACOS EL SUPERIOR SHOP MORE LANC-GFTCD-REIMB 1,680.00 101 4431307 1,680.00 7424569 C3319 TECHNOLOGY ARTISTS DEP-GOODSTOCK-STAGE/AUDIO/LTS 03/26/2022 39,150.00 101 4649575 39,150.00 7424570 10915 TESLA ENERGY REFUND-PMT21-01845 42906 LEMONWOOD DR 91.80 101 3201104 (73.00) 101 3201104 (41.20)
101 3201104 206.00
REFUND-PMT21-02648 43923 44TH ST W 91.80 101 3201104 (73.00) 101 3201104 (41.20)
101 3201104 206.00
REFUND-PMT21-02435 1611 W HOLGUIN 91.80 101 3201104 (73.00) 101 3201104 (41.20)
101 3201104 206.00
275.40 275.40
7424571 D2568 TESLA, INC MTNC YD-01/22(28,323 KWH) 2,832.30 101 4633652 2,832.30 OMP-01/22(12,292.96 KWH) 1,229.30 101 4634652 1,229.30 LMS-01/22(26,126 KWH) 2,612.60 101 4632652 2,612.60 6,674.20 6,674.20
7424572 10909 THAMES, DIJON DEP-GOODSTOCK AT HANGAR-MANN 250.00 101 4649575 250.00 7424573 C5522 THOMSON REUTERS-WEST PMT CENTR01/22-INFORMATION CHARGES 1,214.40 101 4245301 1,214.40 01/22-INFORMATION CHARGES 580.94 101 4820301 580.94 1,795.34 1,795.34
7424574 04239 TIM WELLS MOBILE TIRE SERVICE BRAKES(EMERGENCY)-EQ5668 480.44 111 4753207 480.44 SVC CALL/REPAIR-EQ5852 130.00 111 4753207 130.00 SVC CALL/TIRES(2)-EQ5605 1,071.27 111 4753207 1,071.27 SVC CALL/TIRES(2) 1,115.30 111 4753207 1,115.30 SVC CALL/REPAIR-EQ3782 642.48 111 4753207 642.48 TIRES(2)-EQ3776 888.10 111 4753207 888.10 TIRES(4)-EQ5668 913.50 111 4753207 913.50

Page 8 of 18 ends

City of Lancaster Check Register
From Check No.: 7424445 - To Check No.: 7424724
Printed: 3/7/2022 10:37 From Check Date: 02/20/22 - To Check Date: 03/05/22 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount TIRES(6)-EQ3980 1,777.61 111 4753207 1,777.61 REPAIR-EQ3998 48.23 111 4753207 48.23 REPAIR-EQ3988 35.00 111 4753207 35.00 TIRES(6)-EQ3822 2,130.32 111 4753207 2,130.32 TIRES(4)-EQ3778 1,156.05 111 4753207 1,156.05 TIRES(2)-EQ3824 709.71 111 4753207 709.71 TIRES(4)-EQ1149 983.47 111 4753207 983.47 TIRES(2)-EQ5620 62.56 111 4753207 62.56 12,144.04 12,144.04
7424575 10638 TITAN WATER TECHNOLOGY INC 02/22-CH-CHILLER SERVICE 569.25 101 4431301 569.25 7424576 D3099 TPX COMMUNICATIONS 02/22-TELEPHONE SVC 14,665.72 112 4315651 14,665.72 7424577 A7515 U S BANK 12/21-ADMIN FEE 250.00 101 3501110 250.00 7424578 05551 UNITED SITE SRVCS OF CA,SO DIV FENCE RENTAL-01/21-02/17/22 61.74 101 4633301 61.74 7424579 31009 UNIVERSAL ELECTRONIC ALARMS CMTY CTR-SVC CALL-01/04/22 190.00 101 4620301 190.00 MOAH-SVC CALLS-10/20&11/12/21 538.43 101 4653402 538.43 728.43 728.43
7424580 D3370 VERIZON WIRELESS 01/22-ADDL IPAD SVC 441.50 112 4315651 441.50 7424581 04496 VULCAN MATERIAL WESTERN DIV COLD MIX 151.53 203 4752410 151.53 COLD MIX 163.48 203 4752410 163.48
COLD MIX 95.16 203 4752410 95.16
COLD MIX 332.95 203 4752410 332.95
COLD MIX 554.16 203 4752410 554.16
1,297.28 1,297.28
7424582 31026 WAXIE SANITARY SUPPLY OMP-JANITORIAL SUPPLIES 208.57 101 4634406 208.57 JANITORIAL SUPPLIES 572.86 101 4633406 572.86 781.43 781.43
7424583 10864 WINCO FOODS, LLC SHOP MORE LANC-GFTCD-REIMB 11,620.00 101 4431307 11,620.00 7424584 07902 YENTES, JANICE LCE-NEM 2021 ANNUAL PAYOUT 1,042.93 490 4250658 1,042.93 7424585 A7061 C A RASMUSSEN, INC CP21007-2020 FALL PVMNT MGMT 148,340.82 150 2100003 (7,807.41) 701 12ST043924 7,807.41
701 12ST043924 148,340.82
148,340.82 148,340.82
7424586 C5887 CA CONSTRUCTION AUTHORITY EVENT CENTER PROJECT-AVFG 62,227.75 101 11BS038924 62,227.75 7424590 10365 AM CAFE, INC. SHOP MORE LANC-GFTCD-REIMB 700.00 101 4431307 700.00 7424591 C8888 AMERICAN PREMIERE HOMES RMB-DRAINAGE IMPCT FEE-TR53253 3,690.96 101 3201200 (746.00) 220 17SD021924 4,436.96
3,690.96 3,690.96

Page 9 of 18 ends

City of Lancaster Check Register
From Check No.: 7424445 - To Check No.: 7424724
Printed: 3/7/2022 10:37 From Check Date: 02/20/22 - To Check Date: 03/05/22 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 7424592 C8888 AMERICAN PREMIERE HOMES RMB-DRAINAGE IMPACT FEE TR 06427, 60428, 60430,47775 27,726.40 101 3201200 (746.00) 220 17SD021924 28,472.40
27,726.40 27,726.40
7424593 C8888 AMERICAN PREMIERE HOMES RMB-DRAINAGE IMPCT FEE-TR60614 29,025.70 101 3201200 (746.00) 220 17SD021924 29,771.70
29,025.70 29,025.70
7424594 06992 BREMER WHYTE BROWN & O'MEARA CLAIM #057-19D/CLGL-1403E1 1,480.75 113 4230303 1,480.75 7424595 06992 BREMER WHYTE BROWN & O'MEARA CLAIM #057-19H/CLGL-1403I1 1,514.25 113 4230303 1,514.25 7424596 06992 BREMER WHYTE BROWN & O'MEARA CLAIM #038-19/CLGL-1404A1 1,561.70 113 4230303 1,561.70 7424597 06992 BREMER WHYTE BROWN & O'MEARA CLAIM #022-20/CLGL-1414A1 13,984.86 113 4230303 13,984.86 7424598 06992 BREMER WHYTE BROWN & O'MEARA CLAIM #023-20/CLGL-1408A1 19,762.46 113 4230303 19,762.46 7424599 06992 BREMER WHYTE BROWN & O'MEARA CLAIM #050-20/CLGL-1418A1 41,730.14 113 4230303 41,730.14 7424600 A9249 CA DEPT OF CORRCTNS/REHAB 12/21 GUARDING AGMT# C5608268 4,611.00 203 4752308 3,273.81 484 4752308 1,337.19
4,611.00 4,611.00
7424601 08754 CA MUNICIPAL COMPLNCE CNSLTNTS 02/22-PS-CONSULTING SVCS 44,777.35 101 4800301 44,777.35 7424602 D4452 CANEL, MELISSA V MC-PR DM-SACTO-3/8-3/11/22 241.50 101 4220256 241.50 7424603 10447 CARAMEL BAKERY INC SHOP MORE LANC-GFTCD-REIMB 360.00 101 4431307 360.00 7424604 D3845 CHAVEZ, CARLOS CC-PR DM-SACTO-3/8-3/11/22 241.50 101 4220256 241.50 7424605 D3337 COACH'S SPORTS BAR & GRILLE SHOP MORE LANC-GFTCD-REIMB 2,720.00 101 4431307 2,720.00 7424606 10341 CORUCE VINEYARDS AND WINERY SHOP MORE LANC-GFTCD-REIMB 500.00 101 4431307 500.00 7424607 D0983 CRAZY OTTO'S DINER #3 SHOP MORE LANC-GFTCD-REIMB 1,880.00 101 4431307 1,880.00 7424608 D1032 CRAZY OTTOS DINER SHOP MORE LANC-GFTCD-REIMB 1,420.00 101 4431307 1,420.00 7424609 09542 DON SAL COCINA AND CANTINA SHOP MORE LANC-GFTCD-REIMB 2,040.00 101 4431307 2,040.00 7424610 04987 FAIRCHILD, COLE CF-PR DM-SACTO-3/8-3/11/22 241.50 101 4220256 241.50 7424611 10906 FOUR PHANTOMS IN CONCERT INC HOTEL BUYOUT-FOUR PHANTOMS(10) 1,400.00 101 4650257 1,400.00 7424612 10906 FOUR PHANTOMS IN CONCERT INC BAL-FOUR PHANTOMS-03/05/2022 8,750.00 101 4650318 8,750.00 7424613 10906 FOUR PHANTOMS IN CONCERT INC DEP-FOUR PHANTOMS-03/05/2022 8,750.00 101 4650318 8,750.00 7424614 D4276 JONES, GARY H GJ-PR DM-SACTO-3/8-3/11/22 241.50 101 4220256 241.50

Page 10 of 18 ends

City of Lancaster Check Register
From Check No.: 7424445 - To Check No.: 7424724
Printed: 3/7/2022 10:37 From Check Date: 02/20/22 - To Check Date: 03/05/22 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 7424615 1296 L A CO CLERK-ENVIRO FILINGS NOE-CP22010-LPAC IMPROVEMENTS 75.00 227 11BS022924 75.00 7424616 10930 L A CO DEPT ANIMAL CARE&CONTRL ANML PMT FEE-CAMEL/PONY RIDE DICKENSON 300.00 101 4649567 300.00 7424617 10930 L A CO DEPT ANIMAL CARE&CONTRL ANML PMT FEE-PETTING ZOO BARBER FAMILY FARM 300.00 101 4649567 300.00 7424618 1215 L A CO WATERWORKS 12/14-02/22/22 WATER SVC 14,749.80 101 4633654 163.62 203 4636654 1,246.71
482 4636654 13,339.47
14,749.80 14,749.80
7424619 09945 LA PAPILLON STEAK SEAFOOD INC SHOP MORE LANC-GFTCD-REIMB 2,000.00 101 4431307 2,000.00 7424620 07086 LUCKY LUKE BREWING COMPANY SHOP MORE LANC-GFTCD-REIMB 2,140.00 101 4431307 2,140.00 7424621 D1128 MAXDONS BAR & GRILL SHOP MORE LANC-GFTCD-REIMB 2,060.00 101 4431307 2,060.00 7424622 10353 MR WOK RESTAURANT CORP SHOP MORE LANC-GFTCD-REIMB 460.00 101 4431307 460.00 7424623 10377 NAYA REST INC DBA DENNYS 7931 SHOP MORE LANC-GFTCD-REIMB 2,900.00 101 4431307 2,900.00 7424624 10354 OLIVES MEDITERRANEAN CAFE SHOP MORE LANC-GFTCD-REIMB 2,060.00 101 4431307 2,060.00 7424625 D2481 PINNACLE REAL ESTATE VENTURES RMB-DRAINGE IMCT FEE-TR 61033 6,167.61 101 3201200 (746.00) 220 17SD021924 6,913.61
6,167.61 6,167.61
7424626 D2481 PINNACLE REAL ESTATE VENTURES RMB-DRAINGE IMPCT FEE-TR 61538 9,666.10 101 3201200 (746.00) 220 17SD021924 10,412.10
9,666.10 9,666.10
7424627 10923 SERRANO, ERIC ES-PR DM-SACTO-3/8-3/11/22 241.50 101 4220256 241.50 7424628 10924 SMITH, CHRISTINA CS-PR DM-SACTO-3/8-3/11/22 241.50 101 4220256 241.50 7424629 03154 SO CA EDISON 01/14-02/21/22 ELECTRIC SVC 188.93 482 4636652 152.46 484 4755652 36.47
188.93 188.93
7424630 03154 SO CA EDISON 01/21-02/22/22 ELECTRIC SVC 6,072.52 101 4633652 3,110.78 101 4650652 2,760.23
483 4754660 201.51
6,072.52 6,072.52
7424631 1907 SO CA GAS COMPANY 01/20-02/23/22 GAS SVC 7,291.85 101 4620655 405.88 101 4631655 75.47
101 4632655 3,477.25
101 4633655 1,371.03
101 4634655 840.58
101 4635655 1,121.64
7,291.85 7,291.85

Page 11 of 18 ends

City of Lancaster Check Register
From Check No.: 7424445 - To Check No.: 7424724
Printed: 3/7/2022 10:37 From Check Date: 02/20/22 - To Check Date: 03/05/22 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 7424632 07266 THOMAS, JOSH JT-PR DM-SACTO-3/8-3/11/22 241.50 101 4220256 241.50 7424633 05332 VINCE'S PASTA AND PIZZA WEST SHOP MORE LANC-GFTCD-REIMB 2,880.00 101 4431307 2,880.00 7424634 06851 1800 SHOP MORE LANC-GFTCD-REIMB 1,500.00 101 4431307 1,500.00 7424635 A9444 A V COMMUNITY CONCERTS ASSN TCKT PRCD-TONY BENNETT TRIBUTE 2/22/22 775.22 101 2107000 2,023.45 101 3405127 (1,222.00)
101 3405302 (26.23)
775.22 775.22
7424636 08979 A V PEST CONTROL JRP-PEST REMOVAL 110.00 101 4631301 110.00 EDP-PEST REMOVAL 65.00 101 4631301 65.00 PBP-PEST REMOVAL 95.00 101 4631301 95.00 AHP-PEST REMOVAL 85.00 101 4631301 85.00 355.00 355.00
7424637 05445 ADELMAN BROADCASTING, INC KGBB-FM / HOLIDAY SAFETY 1,960.00 101 4100301 1,960.00 KEPD-FM / HOLIDAY SAFETY 1,880.00 101 4100301 1,880.00 KRAJ-FM / HOLIDAY SAFETY 1,760.00 101 4100301 1,760.00 KGIL-FM / HOLIDAY SAFETY 1,760.00 101 4100301 1,760.00 KLOA-FM / HOLIDAY SAFETY 980.00 101 4100301 980.00 KZIQ-FM / HOLIDAY SAFETY 1,760.00 101 4100301 1,760.00 10,100.00 10,100.00
7424638 02693 ANDY GUMP, INC LMS-FENCE RNTL-2/17-3/16/22 120.72 101 4431295 120.72 7424639 C9805 ARROW TRANSIT MIX INC READY MIX CONCRETE 945.29 203 4752410 945.29 READY MIX CONCRETE 814.64 203 4752410 814.64 1,759.93 1,759.93
7424640 04151 AXES FIRE INC FIRE CERTS(5) 75.00 111 4753207 75.00 7424641 10387 BIOMECHANICAL RESEARCH & TEST CLAIM #023-20/CLGL-1408A1 3,177.60 113 4230303 3,177.60 CLAIM #023-20/CLGL-1408A1 44.80 113 4230303 44.80 CLAIM #023-20/CLGL-1408A1 19.00 113 4230303 19.00 3,241.40 3,241.40
7424642 10879 BIRRIA SUPERIOR SHOP MORE LANC-GFTCD-REIMB 2,580.00 101 4431307 2,580.00 7424643 10673 BRAWNER BROTHERS BAND REFUND-WH OVRG-RAY ON MY MIND 112.00 101 2177003 112.00 7424644 06351 C T WEST, INC MAXTIME REMOTE UPGRADE 1,000.00 203 4754460 1,000.00 7424645 A9249 CA DEPT OF CORRCTNS/REHAB 01/22 GUARDING AGMT# C5608268 812.00 203 4752308 576.52 484 4752308 235.48
812.00 812.00
7424646 10895 CABRERA, MARILYN IMPACT 2021 MAR21-AUG21 24.25 242.50 109 4100355 242.50 7424647 D2954 CAFE CON LECHE RADIO, LLC INTERVIEW W/ DEP MAYOR-COVID 450.00 101 4431301 450.00

Page 12 of 18 ends

City of Lancaster Check Register
From Check No.: 7424445 - To Check No.: 7424724
Printed: 3/7/2022 10:37 From Check Date: 02/20/22 - To Check Date: 03/05/22 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 7424648 C0914 CAMPBELL II, EDWARD LEE 02/22-SPORTS OFFICIAL 230.00 101 4641308 230.00 7424649 10885 CIRCLE H PROPERTIES LLC DEP/2/22 RENT 211 E AVE K-6 #F 5,000.00 101 4600603 5,000.00 7424650 08122 COHEN VENTURES INC 01/22-COMMUNITY SOLAR PROJECT 2,087.00 101 4240301 2,087.00 7424651 00794 CORRALES, RUDY 02/22-SPORTS OFFICIAL 322.00 101 4641308 322.00 7424652 00414 DESERT LOCK COMPANY KEYS 795.86 203 4754461 795.86 JRP-MASTER PAD-LOCKS(6) 140.88 101 4631403 140.88 JRP-DOOR REPAIR 60.00 101 4631403 60.00 EDP-DEADBOLT REPAIR 101.34 101 4631403 101.34 1,098.08 1,098.08
7424653 01048 ECONOLITE CONTROL PROD INC SIGNAL CABINET REPLACEMENTS 16,174.44 203 4754460 16,174.44 SIGNAL CABINET REPLACEMENTS 16,174.44 203 4754461 16,174.44 32,348.88 32,348.88
7424654 05665 EGGERTH, DARRELL 02/22-SPORTS OFFICIAL 230.00 101 4641308 230.00 7424655 10918 EMPOWER SOLAR INC RFND-PMT21-02575-825 W AVE H5 91.80 101 3201104 (73.00) 101 3201104 (41.20)
101 3201104 206.00

91.80 91.80
7424656 C9406 ESTES, MAURICE 02/22-SPORTS OFFICIAL 161.00 101 4641308 161.00 7424657 00617 FEDERAL EXPRESS CORPORATION EXPRESS MAILINGS 26.91 101 4770212 26.91 7424658 D3689 FIELDSTONE COMMUNITIES, INC RMB-DRAINAGE IMPACT FEE TR# 54157, 60291, 60664 5,137.29 101 3201200 (746.00) 220 17SD021924 5,883.29
5,137.29 5,137.29
7424659 08441 FRANKLIN TRUCK PARTS INC ADAPTERS-EQ3776 6.96 111 4753207 6.96 7424660 10519 FRONTIER COMMUNITIES ANN DRAINAGE IMP FEE FY 20/21 TRACT 61817, 61818, 61819 22,278.33 101 3201200 (746.00) 220 17SD021924 23,024.33
22,278.33 22,278.33
7424661 05618 GLODE, BEVERLY BG-REIMB JAN/FEB 22 BNFTS 408.60 109 1101000 408.60 7424662 10888 GONZALEZ PROPERTY SVCS MNTC YD-MISC REPAIRS/MAINT 960.00 101 4431301 960.00 7424663 A7554 GREENHOUSE CAFE SHOP MORE LANC-GFTCD-REIMB 9,440.00 101 4431307 9,440.00 7424664 00822 H W HUNTER, INC AC STEP KIT-EQ3002 468.56 111 4753207 468.56 AC STEP KIT-EQ3792 468.56 111 4753207 468.56 HOSE RADI, CLIP APPL-EQ3981 172.83 111 4753207 172.83 LAMP DOME-EQ6818 52.26 111 4753207 52.26 RPLC CATALYTIC CNVRTR-EQ5708 6,395.99 111 4753207 6,395.99 RPLC CATALYTIC CNVRTR-EQ7300 3,422.72 111 4753207 3,422.72

Page 13 of 18 ends

City of Lancaster Check Register
From Check No.: 7424445 - To Check No.: 7424724
Printed: 3/7/2022 10:37 From Check Date: 02/20/22 - To Check Date: 03/05/22 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 10,980.92 10,980.92
7424665 02585 HARRELL, BARON 02/22-SPORTS OFFICIAL 276.00 101 4641308 276.00 7424666 819 HERC RENTALS INC LMS-CABLE RAMP(22) 2,194.79 101 4431295 2,194.79 7424667 A8868 I B M CORPORATION 01/22-CLOUD PAY PER USE 362.02 101 4791301 362.02 7424668 A2594 INTERSTATE BATTERY SYS OF A V BATTERIES(8) 822.54 111 4753207 822.54 BATTERY-EQ1517 166.66 111 4753207 166.66 989.20 989.20
7424669 D4004 J P POOLS NSC-MONTHLY CHECK 400.00 101 4635301 400.00 ESP-POOL MAINTENANCE 1,350.00 101 4631301 1,350.00 WPL-POOL MAINTENANCE 1,000.00 101 4631301 1,000.00 2,750.00 2,750.00
7424670 C8411 JULIE SUTTON PHOTOGRAPHY BUSINESS HEADSHOT-D BIRDEN 121.28 101 4410301 121.28 7424671 D2852 K B HOMES RMB-DRAINGE IMPCT FEE-TR 60044 29,953.42 101 3201200 (746.00) 220 17SD021924 30,699.42
29,953.42 29,953.42
7424672 A8656 KIMLEY-HORN & ASSOCIATES INC LANCASTER LRSP 32,165.88 349 4771301 32,165.88 7424673 1214 L A CO SHERIFF'S DEPT 12/21-SPECIAL INVESTIGATIONS 3,806.09 101 4820355 3,469.63 101 4820357 336.46
12/21-SPECIAL EVENT 2,874.78 101 4820355 2,668.99 101 4820357 205.79
12/21-SPECIAL EVENTS 8,709.95 101 4820355 7,846.80 101 4820357 863.15
12/21-SPECIAL EVENTS 1,007.46 101 4820355 907.62 101 4820357 99.84
16,398.28 16,398.28
7424674 1221 L A TIMES RNWL-03/30/22-ACCT 10011508930 57.51 101 4200206 57.51 7424675 C7009 LANCASTER PALMS, LLC RLS MONUMENT SECURITY-TR060428 9,950.00 101 2503001 9,950.00 7424676 10162 LANDSCAPE CONNECTION GROUP OMP-RPR MAINLINE/RPLC CONCRETE 1,950.00 101 4634402 1,950.00 7424677 10609 LDM ASSOCIATES INC 01/22-CDBG ADMINISTRATION 8,406.75 361 4342301 8,406.75 7424678 D1736 LEVEL 3 COMMUNICATIONS LLC 02/22-INTERNET/DATA 3,744.32 112 4315651 3,744.32 7424679 10497 LITILI, LLC CLAIM #023-20/CLGL1408A1 8,150.00 113 4230303 8,150.00 7424680 08387 LOOMIS 01/22-ARMORED CAR SVC INLC EXC INCL CH, PAC, MOAH & EXCESS 2,592.93 101 3501110 2,592.93 7424681 09417 MALDONADO, ARIEL 02/22-SPORTS OFFICIAL 322.00 101 4641308 322.00 7424682 1385 MC CORMICK DIESEL & BRAKE OPACITY TEST-EQ3985 100.00 111 4753207 100.00

Page 14 of 18 ends

City of Lancaster Check Register
From Check No.: 7424445 - To Check No.: 7424724
Printed: 3/7/2022 10:37 From Check Date: 02/20/22 - To Check Date: 03/05/22 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 7424683 D3578 MINUTEMAN PRESS OUTLOOK EDDM PROCESSING(61285) WINTER22 2,319.56 101 4205211 2,319.56 JACKET EMBROIDERY(53) 772.89 101 4645209 772.89 3,092.45 3,092.45
7424684 08562 NAPA AUTO PARTS AIR DOOR ACT-EQ7508 33.32 111 4753207 33.32 RADIATOR HOSE-EQ3981 30.36 111 4753207 30.36 WATER PUMP-EQ3992 126.72 111 4753207 126.72 PREMIUM THERMOSTAT-EQ3992 33.06 111 4753207 33.06 DISC BRAKE PADS-EQ3822 134.05 111 4753207 134.05 THERMOSTAT-STD-ALTERNA-EQ3822 13.98 111 4753207 13.98 MANIFOLD SET-EQ3822 72.79 111 4753207 72.79 DISC PADS-EQ1751 70.54 111 4753207 70.54 514.82 514.82
7424685 L1969 NASIR, SAYED LCE-NEM 2020 ANNUAL PAYOUT 197.64 101 2140000 197.64 7424686 03762 OFFICE DEPOT OFFICE SUPPLIES 202.55 101 4793259 202.55 7424687 C7808 OPSEC SPECIALIZED PROTECTION LMS-SECURITY-12/1-12/5/21 1,872.00 101 4431301 1,872.00 LMS-SECURITY-1/3-1/9/22 3,328.00 101 4431301 3,328.00 LMS-SECURITY-2/14-2/20/22 2,912.00 101 4431301 2,912.00 8,112.00 8,112.00
7424688 05741 P P G ARCHITECTURAL FINISHES JRP-VANDALISM-PAINT SUPPLIES 123.61 101 4630460 123.61 7424689 05780 PLUMBERS DEPOT, INC REPAIR CAMERA S#10090804 2,775.32 480 4755405 2,775.32 WGR SWITCHER NOZZLE ASSEMBLY 2,392.43 480 4755208 2,392.43 RPR CAMERA PANNING-S#10081102 625.39 480 4755405 625.39 5,793.14 5,793.14
7424690 06160 PRIME TIME PARTY RENTALS TENTS/EQUIP-LMS COVID TESTING 2/19-3/19/22 10,207.00 101 4431350 10,207.00 7424691 CARRYOVER FOR PRIME TIME PART RENTALS
7424692 C5395 PRO ACTIVE WORK HEALTH SERVCES GKW-PHYSICAL/DOT-DMV-12/14/21 69.00 101 4220301 69.00 CF-PHYSICAL/DOT-DMV-12/08/21 69.00 101 4220301 69.00 JR-COLLECT-NON DOT-12/20/21 20.00 101 4220301 20.00 MDS-PHYSICAL/DOT-DMV-12/01/21 69.00 101 4220301 69.00 WF-PHYSICAL/DOT-DMV-12/15/21 69.00 101 4220301 69.00 SPF-PHYSICAL/DOT-DMV-12/06/21 69.00 101 4220301 69.00 BB-PHYSICAL/DOT-DMV-12/10/21 69.00 101 4220301 69.00 DJH-PHYSICAL/DOT-DMV-12/07/21 69.00 101 4220301 69.00 CCM-PHYSICAL/DOT-DMV-12/07/21 69.00 101 4220301 69.00 JW-COLLECT-NON DOT-12/07/21 20.00 101 4220301 20.00 SF-PHYSICAL/DOT-DMV-12/09/21 69.00 101 4220301 69.00 BN-BAT NON DOT-12/13/21 35.00 101 4220301 35.00 JR-XCUP 10 PANEL-12/17/21 50.00 101 4220301 50.00 JR-PHYSICAL-12/20/21 45.00 101 4220301 45.00 HLM- TB TEST-12/22/21 20.00 101 4220301 20.00 JR-CHEST X-RAY-12/27/21 30.00 101 4220301 30.00 NPB-PHYSICAL-12/29/21 45.00 101 4220301 45.00

Page 15 of 18 ends

City of Lancaster Check Register
From Check No.: 7424445 - To Check No.: 7424724
Printed: 3/7/2022 10:37 From Check Date: 02/20/22 - To Check Date: 03/05/22 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount CAC- TB TEST-12/10/21 20.00 101 4220301 20.00 JW-PHYSICAL-12/07/21 45.00 101 4220301 45.00 JM-TB TEST-12/08/21 20.00 101 4220301 20.00 LH-TB TEST-12/13/21 20.00 101 4220301 20.00 JR-TB TEST-12/20/21 20.00 101 4220301 20.00 NPB-X CUP 10/TB TEST-12/28/21 70.00 101 4220301 70.00 KRD- TB TEST-12/03/21 20.00 101 4220301 20.00 SPF-PHYSICAL/DOT-DMV-12/06/21 69.00 101 4220301 69.00 CG - TB TEST-12/02/21 20.00 101 4220301 20.00 DMM - TB TEST-12/02/21 20.00 101 4220301 20.00 JG-CHEST X-RAY-12/02/21 30.00 101 4220301 30.00 CB - TB TEST-12/03/21 20.00 101 4220301 20.00 EM- TB TEST-12/22/21 20.00 101 4220301 20.00 AP- TB TEST-12/29/21 20.00 101 4220301 20.00 DNL- TB TEST-12/18/21 20.00 101 4220301 20.00 CAC- TB TEST-12/10/21 20.00 101 4220301 20.00 MF- TB TEST-12/08/21 20.00 101 4220301 20.00 ISL- TB TEST-12/08/21 20.00 101 4220301 20.00 JM-TB TEST-12/08/21 20.00 101 4220301 20.00 JW - TB TEST-12/07/21 20.00 101 4220301 20.00 MG - TB TEST-12/06/21 20.00 101 4220301 20.00 MT - TB TEST-12/06/21 20.00 101 4220301 20.00 MGG - TB TEST-12/06/21 20.00 101 4220301 20.00 EM- TB TEST-12/22/21 20.00 101 4220301 20.00 1,500.00 1,500.00
7424693 05884 PSOMAS RFQ694-18, CAT 4 17,771.25 101 2185918 17,771.25 7424694 05412 RETAIL MARKETING SVCS, INC 01/22-SHOPPING CART RETRIEVAL 10.00 203 4752402 10.00 7424695 06712 RICE, BRIAN S. 02/22-SPORTS OFFICIAL 115.00 101 4641308 115.00 7424696 1835 ROUND TABLE PIZZA SHOP MORE LANC-GFTCD-REIMB 3,340.00 101 4431307 3,340.00 7424697 03962 SAFETY KLEEN AUTOMATIC PARTS WASHER 142.38 111 4753657 142.38 7424698 C3064 SANTOS, RENALDO 02/22-SPORTS OFFICIAL 598.00 101 4641308 598.00 7424699 09863 SELBERT PERKINS DESIGN (CA) 01/22-AUTO MALL SIGNAGE 14,000.00 101 4790355 14,000.00 7424700 05934 SHI INTERNATIONAL CORP CRUCIAL MEMORY 46.40 112 4315302 46.40 MACKBOOK AIR 1,281.89 112 4315302 4.00
112 4315302 1,277.89
1,328.29 1,328.29
7424701 01816 SMITH PIPE & SUPPLY INC RDP-IRRIGATION SUPPLIES 436.13 101 4634404 436.13 OMP-IRRIGATION SUPPLIES 52.92 101 4634404 52.92 489.05 489.05
7424702 05339 SNAP-ON INDUSTRIAL POLARTEK DUAL AC MACHINE 14,773.27 111 4753755 14,773.27 AC MACHINE COVER 184.61 111 4753755 184.61 14,957.88 14,957.88

Page 16 of 18 ends

71.78 71.78
7424712 31009 UNIVERSAL ELECTRONIC ALARMS AHP-SECURITY ALARM 111.00 101 4631301 111.00 7424713 D1029 V I P CAR WASH & VIP CAR CARE SHOP MORE LANC-GFTCD-REIMB 640.00 101 4431307 640.00 7424714 04496 VULCAN MATERIAL WESTERN DIV COLD MIX 139.57 203 4752410 139.57 COLD MIX 177.74 203 4752410 177.74
317.31 317.31
7424715 07092 WCH COMMUNITIES (91 LANCASTER) RMB-DRAINGE IMPCT FEE-TR 60154 17,098.48 101 3201200 (746.00) 220 17SD021924 17,844.48
17,098.48 17,098.48
7424716 07091 WCH COMMUNITIES(TRIMARK HOMES)RMB-DRAINGE IMPCT FEE-TR 54400 4,131.07 101 3201200 (746.00) 220 17SD021924 4,877.07
4,131.07 4,131.07
7424717 10249 WE THE CREATIVE LOGO DESIGN-GOODSTOCK 1,250.15 101 4205301 1,250.15

Page 17 of 18 ends

City of Lancaster Check Register
From Check No.: 7424445 - To Check No.: 7424724
Printed: 3/7/2022 10:37 From Check Date: 02/20/22 - To Check Date: 03/05/22 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 7424718 05093 WESTERN EQUIPMENT SERVICE CO PBP-REPAIR HEATER 143.00 101 4631403 143.00 7424719 D3242 ZIMMER, DANIEL 02/22-SPORTS OFFICIAL 414.00 101 4641308 414.00 7424720 01933 AMERON REPLACEMENT POLES 45,116.70 483 4754660 45,116.70 REPLACEMENT POLES 43,516.70 483 4754660 43,516.70 88,633.40 88,633.40
7424721 04380 BOWE CONTRACTORS, INC CDP 21-08 CITY HALL RENOVATION 241,513.70 101 11BS019924 5,416.87 101 11BS019924 102,920.55
150 2100003 (12,711.25)
701 11BS019924 7,294.38
701 11BS019924 138,593.15
241,513.70 241,513.70
7424722 A7061 C A RASMUSSEN, INC CP21012-AVE J INTERCHANGE IMPR 391,991.80 150 2100003 (20,631.15) 210 15BR007924 20,631.15
210 15BR007924 391,991.80
391,991.80 391,991.80
7424723 10190 MCKESSON MEDICAL-SURGICAL INC TEST KIT-SOFIA FLU/SARS ANT 69,128.24 101 4431295 1.49 101 4431295 69,126.75
TEST KIT-SOFIA FLU/SARS ANT 6,063.75 101 4431295 6,063.75 TEST KIT-SOFIA FLU/SARS ANT 21,829.50 101 4431295 21,829.50 N95 MASKS 8,437.40 101 4431295 8,437.40
105,458.89 105,458.89
7424724 09665 TERRACARE ASSOCIATES, LLC 12/21-PARKS MAINTENANCE 40,095.66 101 4631402 17,248.55 101 4632402 1,053.99
101 4634402 10,631.41
101 4635402 11,161.71
12/21-PERIMETER AREAS MTNC 18,373.48 203 4636264 18,373.48 12/21-BP-MONTHLY MAINTENANCE 3,266.05 482 4636401 3,266.05 61,735.19 61,735.19
Chk Count 278 Check Report Total 2,275,988.80

Page 18 of 18 ends

CC 4
02/22/22
JC

STAFF REPORT
City of Lancaster
Date: March 22, 2022
To: Mayor Parris and City Council Members
From: George N. Harris II, Finance Director
Subject:Monthly Report of Investments – February 2022
Recommendation:

Accept and approve the February 2022 Monthly Report of Investments as submitted.

Fiscal Impact:

None
Background:

Portfolio Recap
Yield:

February 2022 January 2022
Total Portfolio 0.82% 0.78%
Local Agency Investment Fund 0.28% 0.23%
Total Portfolio Balance: $103,398,651 $107,231,845 The portfolio balance decreased from January to February by $3,833,194 or 3.6%. Significant revenues for February included $3,020,240 Measure LC Sales Tax, $2,877,789 Sales & Use Tax, and $1,078,152 Property Taxes. The largest City expenditures were $4,001,407 Payroll & Benefits, $2,541,183 Capital Projects, $2,436,375 LA County Sheriff for December 2021 law enforcement service, $587,164 Stratham, $374,667 AV Transit, $315,331 Logicalis, $164.636 Southern California Edison, $141,235 Accela, $114,493 Jules & Associates, $110,000 ESRI Inc., and $84,000 AV Recycling Center.

The City’s temporary idle cash, those funds that are not immediately needed to pay current bills and not governed by bond indentures or bond resolutions, is invested in accordance with the City’s 8 5
6 adopted Investment Policy. This policy is reviewed regularly by the City Council, with the latest policy adopted February 13, 2018, by Resolution No. 18-06.

The City's cash management system is designed to accurately monitor and forecast expenditures and revenues, thus enabling the City to invest funds to the fullest extent possible within the guidelines of this Investment Policy. The City attempts to achieve the highest yield obtainable through a diversified portfolio only after meeting the criteria established for safety and liquidity in that order. The principal investment objectives of the City are:

1. Preservation of capital and protection of investment principal;

2. Maintenance of sufficient liquidity to meet anticipated cash flows;

3. Attainment of a market rate of return;

4. Diversification to avoid incurring unreasonable market risks, and;

5. Compliance with the City’s Municipal Code and with all applicable City resolutions, California statutes and Federal regulations.

The City’s portfolio is a short-term and intermediate-term fixed income portfolio. The maximum maturity of any investment is 5 years, with consideration of anticipated cash flow requirements and known future liabilities. The City contracts with an investment advisory service (Insight Investment) to assist in the effort to maximize the returns of the City portfolio. The City’s investments include publicly traded Treasury notes, Treasury Bills, Federal Agency Investments, Time Deposits, and Local Agency Investment Fund (LAIF) under the auspices of the State Treasurer for investment. Funds invested in LAIF are available within 24 hours, and other investments are available upon maturity at full face value. These investments enable the City to meet its expenditure requirements for the next six months, as required by state law.

The City’s investment procedures are governed by Sections 53600 et. seq. of the California Government Code. Additional requirements have been placed on the City’s authorized investments by the Investment Policy (a copy is available in the Finance Department or from the City Clerk), and all investments listed on the attached report adhere to these requirements.

GH:ma
Attachment:

Monthly Report of Investments
Interest Rate Amount Total
City of Lancaster
Wells Fargo Bank $28,953,869
City of Lancaster Account 0.00% $28,953,869
U S Bank - Safekeeping $42,040,156
US Treasury Notes 1.70% $15,768,292
Federal Government Agencies 1.46% $11,881,587
Corporate Securities 2.73% $9,596,017
Municipal/Provincial Bonds 1.09% $4,777,997
Cash & Equivalents 0.00% $16,263
Chase Bank $150,965
Certificate of Deposit 0.01% $150,965
Local Agency Investment Fund (L.A.I.F.) 0.28% $21,864,746 $21,864,746 Successor Agency for the Lancaster Redevelopment Agency Local Agency Investment Fund (L.A.I.F.) 0.28% $10,388,915 $10,388,915 Total Pooled Portfolio $103,398,651
Weighted Average 0.82%
Interest Rate Amount Total
River City Bank $3,407,925
Lancaster Choice Energy LockBox Account 0.00% $3,065,388 CCEA Operating Account 0.00% $342,538
The Bank of New York Mellon Trust Company, N.A. $1,483,822 LRA & LA County Escrow Account - Government Bonds 0.00% $1,483,822 US Bank $60,867,313
LRA Combined 2004 Fire Protection Facilities Project Bonds 0.02% $827,256 LRA Combined 2004 Sheriff Facilities Prjct Refunding Bonds 0.02% $1,815,457 LPA Solar Renewable Energy Issue of 2021 0.01% $12,659
SA Combined Project Areas Refunding Bonds 2015A & B 0.02% $13 SA Combined Project Areas Refunding Bonds 2016 A-1 & A-2 0.02% $15 SA Combined Project Areas Refunding Bonds 2016B 0.02% $6 LFA 2016 Assessment Revenue Bonds (Streetlights Acquisition) 0.02% $189,753 LFA LRB 2018 Construction and Improvements 0.02% $2,394,349 LFA 2018 Lease Revenue Bonds 0.02% $2
LFA LRB 2019 Street Improvements 0.02% $55,627,803
Total Restricted Cash/Investments Held in Trust $60,867,313 Total Restricted Cash/Investments Held in Trust (note 4) $65,759,060 All investments are authorized pursuant to and consistent with the investment policy of the City of Lancaster. Policy adopted 02/13/18 under resolution number 18-06.

George N. Harris II
Finance Director

ATTACHMENT A

CITY OF LANCASTER

MONTHLY REPORT OF INVESTMENTS
28-Feb-22
City of Lancaster
Cash Balances by Fund
February 28, 2022
Fund No. Fund Name Ending Balance Fund No. Fund Name Ending Balance 101 GENERAL FUND 42,676,758 $ 323 STATE GRANT - STPL (562,129) $ 104 CAPITAL REPLACEMENT FUND 157,343 $ 324 STATE GRANT - OTS 14,398 $ 106 COMMUNITY SERVICES FOUNDATION 119,686 $ 330 STATE GRANT RECYCLING 197,122 $ 109 CITY SPECIAL RESERVES FUND 17,064,550 $ 331 STATE GRANT - OIL RECYCLING 7,284 $ 111 FLEET INTERNAL SERVICE FUND (5,378) $ 349 MISC STATE GRANTS (349,375) $ 112 IT INTERNAL SERVICE FUND (980,485) $ 361 CDBG (620,146) $ 113 GEN LIAB INTERNAL SERVICE FUND 1,423,141 $ 363 NBRHD STABILIZATION PRGM 2,635,954 $ 150 CAPITAL PROJECTS FUND - CITY 2,331,357 $ 364 HPRP-HOMELESS PREV & RAPID REH - $ 203 GAS TAX (829,360) $ 391 LANCASTER HOME PROGRAM 1,008,758 $ 204 AQMD (61,391) $ 399 FEDERAL MISCELLANEOUS GRANTS (1,657,337) $ 205 PROP 1B 5,985 $ 401 AGENCY FUND 29,686 $ 206 TDA ARTICLE 8 FUND (1,479,517) $ 402 PERFORMING ARTS CENTER - $ 207 PROP "A" TRANSIT FUND 4,051,825 $ 404 GRANTS FUND - $ 208 TDA ARTICLE 3 BIKEWAY FUND (169,092) $ 408 X-AEROSPACE GRANTS FUND - $ 209 PROPOSITION "C" FUND 7,341,368 $ 456 STILL MEADOW LN SWR ASSMNT DST 19,905 $ 210 MEASURE R FUND (2,709,036) $ 480 SEWER MAINT FUND 3,718,474 $ 211 MEASURE M FUND 3,035,958 $ 482 LANDSCAPE MAINTENANCE DISTRICT 1,420,948 $ 212 MEASURE A FUND - $ 483 LIGHTING MAINTENANCE DISTRICT 3,426,363 $ 213 PARKS DEVELOPMENT FUND 846,754 $ 484 DRAINAGE MAINTENANCE DISTRICT 1,980,561 $ 217 SIGNALS - DEVELOPER FEES FUND 2,599,601 $ 485 RECYCLED WATER FUND 43,837 $ 220 DRAINAGE - DEVELOPER FEES FUND 10,721,878$ 486 LANCASTER POWER AUTHORITY 4,136,905 $ 224 BIOLOGICAL IMPACT FEE FUND 827,667 $ 490 LANCASTER CHOICE ENERGY (1,235,563) $ 226 USP - OPERATION 2,569 $ 491 CALIFORNIA CHOICE ENERGY AUTH 89,751 $ 227 USP - PARKS 1,999,267 $ 701 LANCASTER FINANCING AUTHORITY (36,350,194) $ 228 USP - ADMIN 64,730 $ 810 ASSESSMENT DISTRICT FUND 154,596 $ 229 USP - CORP YARD 190,463 $ 811 AD 93-3 - $ 230 MARIPOSA LILY FUND 62,733 $ 812 AD 92-101 202 $ 232 TRAFFIC IMPACT FEES FUND 1,346,004 $ 830 CFD 89-1 EASTSIDE WATER FUND 23,537 $ 233 DEVELOPER IN LIEU 106,700 $ 831 CFD 90-1 (BELLE TIERRA) - $ 248 TRAFFIC SAFETY FUND 212,576 $ 832 CFD 91-1 (QUARTZ HILL) 542 $ 251 ENGINEERING FEES (2,569) $ 833 CFD 91-2 (LANC BUSINESS PARK) - $ 252 PROP 42 CONGESTION MANAGEMENT 46,543 $ 991 REDEV OBLIGATION RETIREMENT FD 10,776,774 $ 261 LOS ANGELES COUNTY REIMB (116,284) $ 992 DEBT SERVICE - SUCCESSOR AGENCY 11,308,034 $ 301 LANCASTER HOUSING AUTH. OPS. 1,862,660 $ 993 DEBT SERVICE - COUNTY 1,247,563 $ 306 LOW & MOD INCOME HOUSING 9,987,478 $ 994 DEBT SERVICE - COUNTY (12,555,597) $ 321 MTA GRANT - LOCAL 618,642 $ 996 SCHOOLS SUBORDINATE P/T FUND 30 $ Total Cash Balance 92,262,005 $
Historical Cost Amortized Cost Fair Value
Unrealized Gain
(Loss)
Weighted
Average Effective
% Portfolio/
Segment
Weighted
Average Market
Cash and Equivalents $61,374,758 $61,374,758 $61,374,758 $0 1 59.36% 0.00 Corporate Bonds $9,596,017 $9,428,779 $9,286,255 ($142,524) 603 9.28% 1.56 Government Agencies $11,881,587 $11,726,670 $11,540,830 ($185,840) 728 11.49% 1.89 Government Bonds $15,768,292 $15,653,004 $15,572,018 ($80,986) 401 15.25% 1.08 Municipal/Provincial Bonds $4,777,997 $4,752,171 $4,679,204 ($72,967) 582 4.62% 1.57 $103,398,651 $102,935,382 $102,453,065 ($482,316) 560 100.00% 1.47 Recap of Securities Held
February 28, 2022
City of Lancaster

59.36%

9.28%

11.49%

15.25% 4.62%
Portfolio Diversification
Cash and Equivalents
Corporate Bonds
Government Agencies
Government Bonds
Municipal/Provincial Bonds
City of Lancaster
Maturity Distribution
February 28, 2021
Maturity Historical Cost Percent
Under 90 Days $62,854,419 60.79%
90 to 179 Days 90 180 $3,514,015 3.40%
180 Days to 1 Year 180 365 $9,849,860 9.53%
1 to 2 Years 365 730 $13,143,305 12.71%
2 to 3 Years 730 1095 $12,320,363 11.92%
3 to 4 Years 1095 1460 $1,716,690 1.66%
4 to 5 Years 1460 1825 $0 0.00%
Over 5 Years $0 0.00%
$103,398,651 100.00%
$0
$10
$20
$30
$40
$50
$60
$70
Under 90 Days 90 to 179
Days
180 Days to 1
Year
1 to 2 Years 2 to 3 Years 3 to 4 Years 4 to 5 Years Over 5 Years Historical Cost
(Millions) Maturity Distribution

ATTACHMENT A

CITY OF LANCASTER

MONTHLY REPORT OF INVESTMENTS
March 22, 2022
(1) This is the actual City bank account balance as of 2/28/2022. It only reflects checks that have been presented for payment and deposits received by the bank. The balance on deposit per the City books would reflect reductions for all checks and warrants issued and all deposits transmitted.
(2) This is the safekeeping account utilized for investing City funds pursuant and consistent with the investment policy adopted 02/13/2018. The current portfolio consists of treasury notes, government agencies, corporates, and CDs. (3) Pooled Portfolio:

% of Portfolio Policy Limit
Cash 28.02% None
CDs 0.15% 25% of total portfolio
Commercial Paper 0.00% 25% of total portfolio
US Treasury 15.25% None
Federal Securities 11.49% None
Corporate Securities 9.28% 30% of total portfolio
Municipal/Provincial 4.62% None
LAIF 31.19% None

(4) These are restricted cash and investments are held in trust by the banks indicated.

These amounts cannot be pooled for other investing.

STAFF REPORT
City of Lancaster
CC 5
3/22/2022
JC
Date: March 22, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Subject: Construction Award of Bid and Approve Purchase of Iteris Video Detection Systems – PWCP 22-003 - 2022 Spring Pavement Management Program Recommendations:

1. Award PWCP 22-003, 2022 Spring Pavement Management Program, to Sully-Miller Contracting Company of Brea, California, Base Bid Items in the amount of $2,906,374.05, plus Additive Alternate 1 (AA1) Bid Items in the amount of $624,069.30, and Additive Alternate 2 (AA2) Bid Items in the amount of $385,160.80, plus a 10% contingency, to repair and resurface approximately thirteen (13) lane-miles of streets, as part of the City’s Pavement Management Program (PMP). Authorize the City Manager, or his designee, to sign all documents. This contract is awarded to the lowest responsible bidder per California Public Contract Code Section 22038 (b).

2. Approve the purchase of two (2) Video Detection Systems from Iteris, Inc., in the amount of $54,712.67.

Fiscal Impact:
$4,361,877.24 (including 10% contingency) to be awarded; with these actions, sufficient funds are available in Capital Improvements Budget Account Numbers 209-12ST047 924, 210-12ST047- 924, and 701-12ST047-924.

Background:

The proposed project will be the tenth, and final project funded, in part, with road bond funds in addition to Proposition C funds and Measure R Local Return funds.

The project includes the following areas:
8 4
7 Area within the Lancaster Business Park neighborhood bound by the following streets: Sierra Highway to 5th Street East and Avenue K to Avenue L, excluding Avenue K-4, Avenue K-8, and Business Center Parkway;
Avenue J (Division Street to 2nd Street East);
Avenue K (7th Street East to 8th Street East);
Avenue J-8 (15th Street West to 13th Street West);
Avenue I (7th Street East to Challenger Way);
Avenue L (8th Street West to Sierra Hwy);
20th Street West (Arbuckle Way to Avenue I);
Division Street (Avenue K to Avenue K-4);
Challenger Way (Avenue I to Kettering Street);
Sierra Hwy (Avenue J-2 to Avenue L-12);
Avenue K (Blossom Drive to 45th Street West); and;
Additive Alternate 1 (AA1) – Avenue K-4 (Division Street to 5th Street East) Additive Alternate 2 (AA2) – Avenue K-8 (Division Street to 5 th Street East) As part of this project, bike lanes will be striped at two (2) intersections that currently do not have the capacity to detect bicycles. In order to provide the safest and most efficient user experience to the cyclists, it is important that the City upgrade the video detection systems at these intersections. On February 10, 2022, Finance approved a Sole Source/Standardization Purchase Request of Iteris Next Video Detection Systems for use at these intersections.

Per Section 2.2 of the Existing Community Workforce Agreement (“CWA”), this project is subject to the CWA by and between the City of Lancaster and Los Angeles/Orange Counties Building and Construction Trades Council, and the Signatory Craft Councils and Unions (“CWA”). The PWCP 22-004 contract documents were prepared, and the project was advertised accordingly. Per Section

2.6(b) of the CWA, Letters of Assent shall be submitted by the Contractor and each of its subcontractors, of whatever tier, forty-eight (48) hours prior to commencement of work, or within forty-eight (48) hours after the award of Project Work to that Contractor (or subcontractor), whichever occurs later.

On February 15, 2022, at 11:00 a.m., the City conducted an electronic bid opening for PWCP 22-003 via PlanetBids. Sully-Miller Contracting Company was the lowest responsive bidder amongst five (5) bids. The responsive bids were as follows:

Contractor City Bid Amounts

1. Sully-Miller Contracting Company Brea, CA $ 7,166,366.00 * 2 R.C. Becker & Son, Inc. Santa Clarita , CA $ 7,243,449.34

3. Calmex Engineering, Inc. Bloomington, CA $ 7,699,333.78

4. Granite Construction Company Lancaster, CA $ 7,853,450.00

5. C.A. Rasmussen, Inc. Valencia, CA $ 8,037,395.15 Engineer's Estimate $ 8,124,315.00 * Base Bid Items in the amount of $2,906,374.05, plus AA1 Bid Items in the amount of $624,069.30, and AA2 Bid Items in the amount of $385,160.80.

FL:vw
8 4
7 Attachments:

Iteris Quote
Standardization Purchase Request Memo
Vicinity Map
Iteris, Inc.
1700 Carnegie Avenue
Suite 100
Santa Ana, CA 92705-5551
Michael Girardot-A
RodefX
Phone:

Email: [email protected]

EQUIPMENT QUOTATION
Quote #00009801
January 19, 2022
Iteris, Inc. Confidential January 19, 2022 Page 1 of 3 Agency: Lancaster, City of
Contractor:

Project Name: 2021121431 Lancaster PWCP 22-003 Two Intersections Reference: 2021121431 Lancaster PWCP 22-003 Two Intersections Delivery Term: FOB Destination
Payment Terms: NET 30 Days
Sales Rep:

Fax or email Purchase Orders to: 949-270-9441 or [email protected]. Please include Quote Number on your Purchase Order. Prices are valid for 30 days from the date of quote unless extended in writing. Prices on this quote include material only unless otherwise stated. For questions regarding this quotation, please contact the representative listed above.

Business Center Parkway at Avenue K10
Product Name Product Description Qty Unit Price Price Discount % Ext. Price CAMBRKT4 Iteris Universal Mount Camera Bracket (Standard Mount) 2 $125.00 $250.00 $250.00 CAT6 Cable STP, 1000 FT WOOD SPOOL, OUTDOOR BURIAL GRADE 2 $325.00 $650.00 $650.00 MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1 HDMI video input) (NTSC/PAL) 1 $1,350.00 $1,350.00 $1,350.00
NEXT-CAM-PAK VantageNext WDR Camera. Includes NEXT-CAM-SHIPKIT 2 $1,595.00 $3,190.00 $3,190.00 NEXT-CCU-PAK VantageNext CCU Unit, 1U box, supports up to 4 NEXT-VPs. Includes NEXT-CCU-SHIPKIT 1 $3,500.00 $3,500.00 $3,500.00 NEXT-DVP-PAK VantageNext Dual Video Processor (supports 2x NEXT-CAM). Includes NEXT-DVP-SHIPKIT 2 $3,500.00 $7,000.00 $7,000.00 SPM-5YR Iteris SPM hosted data service. Provides cloud-based collection, storage, analysis and presentation of high resolution SPM controller data from connected intersections. 5 intersections minimum. Does not include setup fee.
1 $2,125.00 $2,125.00 $2,125.00
TS2CABLE-2070 #493024101 Cable Assembly, SDLC2 2070 controller 1 $60.00 $60.00 $60.00 TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,800.00 additional charge.
1 $0.00 $0.00 $0.00
VECTOR-NEXT Vantage Vector Sensor Unit for VantageNext Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color wide dynamic range zoom camera and radar unit. Pole mount bracket also included.
2 $3,995.00 $7,990.00 $7,990.00
VLIVE-5YR VantageLive! hosted data service.
* Ten year service duration
Includes setup and configuration of Vantage Data Engine server and Cloud based storage services. 5 intersections minimum.
1 $1,950.00 $1,950.00 $1,950.00
$28,065.00
Division at K4
Product Name Product Description Qty Unit Price Price Discount % Ext. Price Iteris, Inc.
1700 Carnegie Avenue
Suite 100
Santa Ana, CA 92705-5551
Michael Girardot-A
RodefX
Phone:

Email: [email protected]

EQUIPMENT QUOTATION
Quote #00009801
January 19, 2022
Iteris, Inc. Confidential January 19, 2022 Page 2 of 3 Division at K4
Product Name Product Description Qty Unit Price Price Discount % Ext. Price CAMBRKT4 Iteris Universal Mount Camera Bracket (Standard Mount) 2 $125.00 $250.00 $250.00 CAT6 Cable STP, 1000 FT WOOD SPOOL, OUTDOOR BURIAL GRADE 2 $325.00 $650.00 $650.00 MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1 HDMI video input) (NTSC/PAL) 1 $1,350.00 $1,350.00 $1,350.00
NEXT-CAM-PAK VantageNext WDR Camera. Includes NEXT-CAM-SHIPKIT 2 $1,595.00 $3,190.00 30 $2,233.00 NEXT-CCU-PAK VantageNext CCU Unit, 1U box, supports up to 4 NEXT-VPs. Includes NEXT-CCU-SHIPKIT 1 $3,500.00 $3,500.00 30 $2,450.00 NEXT-DVP-PAK VantageNext Dual Video Processor (supports 2x NEXT-CAM). Includes NEXT-DVP-SHIPKIT 2 $3,500.00 $7,000.00 30 $4,900.00 SPM-5YR Iteris SPM hosted data service. Provides cloud-based collection, storage, analysis and presentation of high resolution SPM controller data from connected intersections. 5 intersections minimum. Does not include setup fee.
1 $2,125.00 $2,125.00 $2,125.00
TS2CABLE-2070 #493024101 Cable Assembly, SDLC2 2070 controller 1 $60.00 $60.00 $60.00 TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,800.00 additional charge.
1 $0.00 $0.00 $0.00
VECTOR-NEXT Vantage Vector Sensor Unit for VantageNext Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color wide dynamic range zoom camera and radar unit. Pole mount bracket also included.
2 $3,995.00 $7,990.00 30 $5,593.00
VLIVE-5YR VantageLive! hosted data service.
* Ten year service duration
Includes setup and configuration of Vantage Data Engine server and Cloud based storage services. 5 intersections minimum.
1 $1,950.00 $1,950.00 $1,950.00
$21,561.00
Important Notes:

QUOTE IS GOOD FOR 120 DAYS
Total before
Discount:
$56,130.00
SUBTOTAL $49,626.00
This quotation and any resulting order are subject to Iteris’ Roadway Sensor Products Standard Terms and Conditions of Sale attached hereto or available at http://www.iteris.com/RS-Std-TC.pdf, which are incorporated herein by this reference. FREIGHT Iteris, Inc.
1700 Carnegie Avenue
Suite 100
Santa Ana, CA 92705-5551
Michael Girardot-A
RodefX
Phone:

Email: [email protected]

EQUIPMENT QUOTATION
Quote #00009801
January 19, 2022
Iteris, Inc. Confidential January 19, 2022 Page 3 of 3 TAX $5,086.67
RodefX is an authorized Iteris Sales Representative for Iteris Roadway Sensors products and may sign quotations on Iteris’ behalf with a total sales price of $80,000 or less. Quotations that exceed $80,000 in total price must be approved by an Authorized Iteris Signature. TOTAL: $54,712.67 Authorized Iteris Signature Date Michael Girardot, RodefX Iteris Roadway Sensor Products
Standard Terms and Conditions of Sale
Version Update: 2017-07-31 1 of 2 Iteris Roadway Sensor Products Standard Terms and Conditions of Sale

1. Sole Agreement. These Standard Terms and Conditions of Sale for the sale DQG SXUFKDVH RI JRRGV DQG VHUYLFHV EHWZHHQ ,WHULV ,QF ³Iteris´
DQG WKH
SXUFKDVHURUEX\HU
³Purchaser´
indicated on the face of the price quotation,
proposal, contract, sales order or offer from Iteris constitute the entire DJUHHPHQWEHWZHHQ,WHULVDQG3XUFKDVHU
WKH³Agreement´
DQGVXSHUVHGHDQ\
prior agreement or understanding, whether oral or written, relating to the subject matter of this Agreement. Iteris shall not be bound by any terms or conditions not set forth in this Agreement, including but not limited to, any purchase order RUSXUFKDVHFRQWUDFW
³Order´
IURP3XUFKDVHUWKDWLVLQDQ\ZD\LQFRQVLstent
with or in addition to this Agreement. This Agreement may not be expanded or modified except by an instrument in writing executed by an authorized UHSUHVHQWDWLYH RI ,WHULV ,WHULV¶ DFFHSWDQFH RI 3XUFKDVHU¶V 2UGHU VKDOO QRW EH deemed an acceptance of any modification to any term or condition contained KHUHLQ EXW UDWKHUDQ DFFHSWDQFH RI 3XUFKDVHU¶V DJUHHPHQW WR SXUFKDVH JRRGV and services upon the terms set forth in this Agreement. All Orders, whether or not based on specific quotations, are subject to ,WHULV¶ DFFHSWDQFH E\ DQ authorized Iteris representative. Notwithstanding the foregoing, if Purchaser is purchasing the VantageLive! services, such services are subject to a separate agreement that Purchaser will be required to accept and agree, and nothing in the VantageLive! services agreement shall be construed to modify the terms and conditions of this Agreement for other products and services subject to this Agreement.

2. Shipment. All prices are in United States Dollars (USD or $) and quoted FCA (Free Carrier at named point, Incoterms® 2010), or in jurisdictions that have not adopted Incoterms®, FOB at the shipping point of Iteris, Inc. Title to JRRGVVROGKHUHXQGHU
LQGLYLGXDOO\D³Product´DQGFROOHFWLYHO\³Products´) shall pass to the Purchaser upon delivery of Products to the carrier. Iteris, KRZHYHUUHWDLQVDVHFXULW\LQWHUHVWDQGDYHQGRU¶VOLHQDJDLQVWWKH3URGXFWVXQWLO payment in full is received. Purchaser agrees to perfect and maintain such security interest for Iteris. In the absence of specific written instructions that Iteris has accepted, Iteris will ship Products by what it deems to be the most appropriate method for shipment. Although Iteris may transact for carriage, all freight charges and insurance premiums will be for the account of Purchaser.

Upon delivery to the carrier, Purchaser assumes all risk of loss. Any such loss shall not relieve Purchaser of its obligation to pay Iteris in full for Products, freight and insurance. Purchaser shall have the right to negotiate with the carrier and/or insurer to recoup its loss.

3. Delivery. Standard shipments to Purchaser will be approximately 30-45 days after receipt of an Order. In the event that Purchaser requests a guaranteed ship date, Iteris reserves the right, after notice to Purchaser, to include in the final purchase price any expenses which increase the cost of production or delivery, including but not limited to, expediting and overtime expenses, parts procurement premiums, etc. Iteris reserves the right to ship complete orders in advance of the ship dates specified and, with prior approval from Purchaser, partial orders. Iteris shall not be liable for either delays in delivery or the failure WRPDQXIDFWXUHLIVXFKGHOD\RUIDLOXUHLVGXHWRFDXVHVEH\RQG,WHULV¶UHDVRQDEOH control, including but not limited to, acts of God, acts or omissions of either Purchaser or third parties, intervention of any government authority, strikes, lockouts or other labor disturbances, floods, fires, earthquakes, epidemics, quarantines, riots, wars, delays in transportation, or where Iteris is unable to obtain necessary labor, materials or manufacturing facilities. In the event of such delay or failure, the delivery date shall be extended for a period equal to the time lost by reason of the delay or failure.

4. Payment Terms. Unless an authorized Iteris representative agrees upon GLIIHUHQWFUHGLWWHUPVLQZULWLQJDWWKHWLPHRIDFFHSWDQFHRI3XUFKDVHU¶VRUGHU the standard terms of payment shall be cash or wire transfer of funds in advance of shipment or, for international shipments, Irrevocable Sight Letter of Credit FROOHFWDEOHZLWKLQWKLUW\

GD\VDIWHUVKLSPHQW,WHULV¶REOLJDWLRQWRGHOLYHU
3URGXFWV LV VXEMHFW WR 3XUFKDVHU¶V FRPSOLDQFH ZLWK WKH IRUHJRLQJ SD\PHQW terms, or in the event credit is granted by Iteris, any such credit terms provided.

Iteris may at any time, in its reasonable business judgment, if the financial condition of Purchaser warrants, either alter the credit terms or suspend credit and delay delivery until such time as the revised credit terms are met. Iteris shall have the right to cancel any unfilled order, or delay its shipment, for failure of Purchaser to meet its payment schedule or obligations. In the event any payment is not made when due, Iteris shall have the right to accelerate the due date of the entire unpaid balance and to increase the unpaid balance of the sales price at the rate of one percent (1%) per month, or the maximum allowed by law, on the unpaid balance until the account is paid in full, in addition to any reasonable DWWRUQH\V¶IHHVRURWKHUFROOHFWLRQH[SHQVHV

5. Taxes. All prices are exclusive of any and all taxes, duties, tariffs, fees, or assessments, including but not limited to sales, use, excise, VAT, or similar taxes and export or import duties or fees applied to the sale or to the Products sold, by any United States or foreign federal, state, provincial, or local governmental body. Any such taxes that must be paid by Iteris shall be VHSDUDWHO\LWHPL]HGRQ,WHULV¶LQYRLFHDQGSDLGE\3XUFKDVHURULQOLHXthereof, Purchaser shall furnish Iteris a properly executed tax exemption certificate prior to shipment.

6. Limited Warranty. For the purposes of this Agreement WKH³End User´ shall be the Purchaser or, if Purchaser is a contractor, distributor or other authorized reseller to whom Iteris delivered Products intended for use by a third party, shall be the intended third party.

Iteris Hardware Products: Iteris hardware Products marked as manufactured by or for Iteris or marked with an Iteris brand or trademark are warranted, at the time of delivery to End UserWRFRQIRUPWR,WHULV¶SXEOLVKHGVSHFLILFDWLRQVDQG to be free from defects in material and workmanship. The occurrence of any of WKH IROORZLQJ WHUPLQDWHV ,WHULV¶ /LPLWHG :DUUDQW\

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result, in whole or in part, of modification or repair of the Product not conducted LQFRQIRUPLW\ZLWK,WHULV¶DSSURYHGSURFHGXUHV

LL
D3URGXFWIDLOVDVWKHUHVXOW
in whole or in part, of improper or insufficient maintenance; (iii) a Product is damaged due to, in whole or in part, electrical power surge, lightning strike, accident, negligence, improper storage, incorrect installation, incorrect operation, unusual deterioration due to physical environments in excess of limits set forth in Product manuals, or any other type of abuse or misuse; or (iv) the removal of serial numbers, or the removal, mutilation or defacement of any part of a Product. As a condition to making any claim under this Limited Warranty, End User must request a Return Material AuthRUL]DWLRQ ³RMA´

before the Limited Warranty terminates or expires. Provided that the Limited Warranty has not terminated or expired, Iteris shall issue the RMA and End User shall have the right to return the non-conforming Product, transportation prepaidWR,WHULVIRUUHSDLURUVROHO\DW,WHULV¶RSWLRQUHSODFHPHQWZLWKQHZRU reconditioned materials. Except for repair or replacement, Iteris shall be under no other liability to Purchaser. This is a Limited Warranty only and, unless otherwise specified in writing by Iteris, shall expire thirty-six (36) months after the date of delivery of each unit of Product to Purchaser. Repaired or replaced Products have a Limited Warranty for the greater of ninety (90) days from the time of shipment or the remainder of the original warranty period.

Iteris Software Products: Software Products marked as manufactured by or for Iteris or marked with an Iteris brand or trademark are warranted to the licensed End User in accordance with the software license and warranty packaged with the software.

Non-Iteris Products: Hardware or software Products marked as manufactured or produced by others or marked with a brand or trademark of a party other than Iteris are warranted, if at all, by the manufacturer or producer to the End User in accordance with the warranty documentation provided by the manufacturer or producer.

NO OTHER WARRANTIES OR GUAR ANTEES, EXPRESSED OR

IMPLIED INCLUDING WITHOUT LIMITATION MERCHANTABILITY

OR FITNESS FOR A PARTICULAR PURPOSE, ARISING BY LAW,
CUSTOM OR CONDUCT, SHALL BE APPLICABLE. NO

REPRESENTATION OR WARRANTY BY PURCHASER SHALL EXTEND

THE LIABILITY OR RESPONSIBILITY O F ITERIS BEYOND THE
TERMS OF THIS PROVISION. THE RIGHTS AND REMEDIES

PROVIDED HEREIN ARE EXCLUSIVE AND IN LIEU OF ANY OTHER
RIGHTS OR REMEDIES. IN NO EVENT SHALL ITERIS HAVE ANY

LIABILITY UNDER ANY LEGAL OR EQUITABLE THEORY (RELATING

TO THE SUBJECT MATTER OF THIS AGREEMENT ) FOR

CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR FOR LOSS,

DAMAGE OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM

USE OF THE PRODUCTS, OR AN INABILITY TO USE PRODUCTS

EITHER SEPARATELY OR IN COMBINATION WITH OTHER

SOFTWARE, EQUIPMENT OR MATERIALS, OR FROM ANY OTHER
CAUSE.

7. Return Material Authorizations. Upon request by the End User for an RMA whether for repair, replacement, or credit, Iteris agrees that it will either issue such RMA or provide End User with a written explanation for its refusal to issue the RMA within thirty (30) days of the request by End User. If Iteris SURYLGHVD)LHOG5HSODFHDEOH8QLW
³FRU´
RUUHSODFHPHQW3URGXFWLQDGYDQFH
of receipt of an authorized return and does not receive the returned unit within 30 days of shipment, End User will be invoiced for the FRU or replacement.

End User shall pay all shipping costs for items returned to Iteris. For items repaired or replaced under a valid warranty claim, Iteris shall pay shipping costs for return of repaired or replaced item to End User.

Iteris Roadway Sensor Products
Standard Terms and Conditions of Sale
Version Update: 2017-07-31 2 of 2 Iteris Roadway Sensor Products Standard Terms and Conditions of Sale

8. Indemnification.
a. Purchaser Indemnification. Iteris shall indemnify, defend and hold Purchaser, and its affiliates, directors, officers, shareholders, and employees harmless from and against any claims, damages, liabilities, costs and expenses (including ZLWKRXW OLPLWDWLRQ UHDVRQDEOH DWWRUQH\¶V IHHV DQG FRXUW FRVWV

FROOHFWLYHO\WKH³Liabilities´
to the extent arising out of third party claims
based on a product liability or strict liability in tort relating to the Product or IteriV¶QHJOLJHQFHRUZLOOIXOPLVFRQGXFW causing bodily injury (including death) or physical damage to tangible personal property.
b. Iteris Indemnification. Purchaser shall indemnify, defend and hold Iteris, and its affiliates, directors, officers, shareholders, and employees harmless from and against any Liabilities to the extent arising out of third party claims based RQ SURGXFWV RWKHU WKDQ ,WHULV 3URGXFWV VXSSOLHG E\ 3XUFKDVHU RU 3XUFKDVHU¶V negligence, or willful misconduct causing bodily injury (including death) or physical damage to tangible personal property. In the event that Purchaser is a governmental agency or body, the foregoing Iteris Indemnification shall not apply to the extent prohibited by law.
c. Indemnification Procedures. The Parties will follow t he following indemnification procedures. Promptly after receipt by any entity entitled to indemnification of notice of a third party claim, the Party seeking indemnity

³Indemnitee´
VKDOOQRWLI\WKHRWKHU3DUW\
³Indemnitor´
of such claim in
writing. No failure to provide obligations under this Agreement except to the extent that it can demonstrate prejudice attributable to the failure. Within fifteen (15) calendar days following receipt of written notice from Indemnitee, but in no event later than ten (10) calendar days before the date a response to such FODLPLVGXH
³Election Notice Period´
,QGHPQLWRUVKDOOQRWLI\,QGHPQLWHHLQ
writing if the Indemnitor elects to assume control of the defense and settlement RIWKDWWKLUGSDUW\FODLP
³Election Notice´). If Indemnitor delivers an Election
Notice relating to any third party claim within the required Election Notice Period, the Indemnitor shall be entitled to have sole control over the defense and settlement of such claim; provided that (a) the Indemnitee may participate in the defense and employ counsel at its own expense to assist with such third party claim, and (b) Indemnitor shall obtain the prior written approval of the Indemnitee before entering into any settlement of such third party claim that purports to binds the Indemnitee. After the Indemnitor has delivered an Election Notice, Indemnitor shall not be liable to the Indemnitee for any legal expenses incurred by the Indemnitee in connection with the defense of that third party claim. In addition, the Indemnitor shall not be required to indemnify the Indemnitee for any amount paid or payable by the Indemnitee in the settlement of any third party claim for which the Indemnitor has delivered a timely Election Notice, if such amount was agreed to without the written consent of the Indemnitor. If the Indemnitor does not deliver an Election Notice relating to any third party claim within the required Election Notice Period, the Indemnitee shall have the right to defend the third party claim in such manner as it may deem appropriate, at the sole cost and expense of the Indemnitor. The Indemnitor shall promptly reimburse the Indemnitee for all such costs and expenses (i.e. Liabilities).

9. Intellectual Property Indemnification. Iteris shall indemnify and hold harmless Purchaser from loss, damage or liability for infringement of a United States (U.S.) patent or U.S. copyright ("Intellectual Property") to the extent arising out of the distribution or use of Iteris Products as delivered to Purchaser by Iteris hereXQGHU
WKH³IP Indemnity´

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in writing within ten (10) days of Purchaser's first notice of an infringement claim, threat or suit ("Infringement Claim") and fully cooperates with Iteris in the defense of such Infringement Claim and the avoidance of infringement by, including but not limited to, providing Iteris any requested authority, information, and assistance necessary. Iteris shall be entitled, at its election, to assume the defense of any Infringement Claim. The foregoing Indemnity shall not apply when normally non-infringing Iteris Products are rendered infringing by (i) alteration of Iteris Products or the operation thereof, not by Iteris or duly authorized by Iteris in writing, (ii) use of Iteris Products in combination with other products, software, or services,
LLL
,WHULV¶PRGLILFDWLRQRILWVProducts in
compliance with the Purchaser's specifications or instructions , or (iv) 3XUFKDVHU¶V IDLOXUH WR XVH and implement instructions provided by Iteris in a writing that would have rendered the Iteris Product non -infringing after reasonable time after receipt by Purchaser and before actual infringement. Iteris shall have the right to resolve any Infringement Claim in the manner it deems appropriate, including, but not limited to, (i) obtaining a license from the owner of the alleged infringed Intellectual Property or (ii) modifying or replacing the alleged infringing Product with non-infringing Product. In the event that neither (i) or (ii) are commercially possible, then Iteris shall have the right to rescind the purchase of the affected portions of the Products and to refund the Purchaser with a pro rata amount of monies paid for such affected Products. The foregoing IP Indemnity shall not extend to claims based on infringement of Intellectual Property RXWVLGH WKH 8QLWHG 6WDWHV RI $PHULFD ,WHULV¶ VROH REOLJDWLRQ DQG liability to Purchaser with respect to indemnification of claims shall be as set forth in this paragraph and specifically excludes indemnification for consequential damages, incidental damages, punitive damages, and attorneys' fees.

10. Arbitration. It is the intent of the parties that any controversy will be elevated to the highest management levels within the respective organizations in an attempt to resolve the matter most efficiently. If the parties are unable, after good faith negotiations, which each hereby covenants to undertake, to resolve any dispute, claim or controversy arising between them, the parties hereby expressly agree that the exclusive means of resolving any such dispute, claim or controversy arising out of or relating to this agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration. If the Purchaser has an office located in the United States, arbitration shall be conducted under the Streamlined Arbitration Rules and Procedures of JAMS, a national alternative dispute resolution service (www.jamsadr.com) and shall be conducted in the English language, in Los Angeles, CA USA, by one (1) arbitrator appointed in accordance with said rules. If the Purchaser does not have an office in the United States, arbitration shall be conducted under the Rules of Arbitration of the International Chamber of Commerce and be conducted in the English language, in New York, NY, USA, by one (1) arbitrator appointed in accordance with said Rules of Arbitration. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction nor shall it preclude Iteris from any pursuit allowed by the full extent of the law for collection of amounts owed by Purchaser under any credit arrangement. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable DWWRUQH\V¶IHHVRIWKHSUHYDLOLQJSDUW\

11. Product Modifications. Iteris reserves the right, at any time and without notice to Purchaser, to modify Products, in whole or in part, to include therein changes deemed appropriate by Iteris which do not adversely affect the form, fit or function of the Products, and without incurring any liability, to change or modify any Product previously delivered, or to supply new Products in replacement thereof.

12. Export Responsibility. All sales hereunder shall at all times be subject to the export control laws and regulations of the U.S. government. Purchaser agrees that it shall not make any disposition, by way of transshipment, re - export, diversion or otherwise, except as said laws and regulations may expressly permit, of U.S. origin goods purchased from Iteris, other than as to WKH XOWLPDWH FRXQWU\ RI GHVWLQDWLRQ VSHFLILHG RQ 3XUFKDVHU¶V RUGHU DQGRU GHFODUHGDVWKHFRXQWU\RIXOWLPDWHGHVWLQDWLRQRQ,WHULV¶LQYRLFHV

13. General.
a. No modification of a quotation or a resulting order shall be binding unless in writing signed by an authorized representative of Iteris. b. No waiver by either party of any default shall be deemed a waiver of any subsequent default.
c. Purchaser shall not assign its Order or any interest therein or any rights hereunder without the written consent of Iteris, and any such purported assignment shall be null and void and of no affect whatsoever. d. Purchaser agrees that it will not modify, reproduce, reverse engineer, reverse compile, disassemble, translate, de-compile, deconstruct or decrypt, the whole or any part of the Products, including any software embedded therein. e. All quotations and any resulting order shall be construed, interpreted and governed by the laws of the State of California, USA, but specifically excluding any International Convention regarding the International Sales of Goods.

Should any court of competent jurisdiction determine any portion hereof illegal or against public policy, such determination shall not affect that portion herein that is not illegal or against public policy. In the event that the federal, state, provincial, city or local government or any bureau or agency thereof, should promulgate any law, rule or regulation affecting prices, deliveries or any other term of a contract resulting from a quotation, then, at the option of Iteris communicated to the Purchaser in writing within a reasonable time, the contract between Iteris and the Purchaser may be either terminated by Iteris and be of no force and effect and the parties shall be restored to the position they occupied before the contract was executed, or Iteris may make such changes in the price, delivery schedule and terms as Iteris in its reasonable business judgment may deem necessary to comply with such law, rule or regulation.

DEVELOPMENT

SERVICES

MEMORANDUM
DATE: Februoqy 10,2022
TO: Christine Molto, Monoge - Finonce
FROM: Fronk Luion, Engineer - Copitol Progroms
GG: Sheilo Nieblo, Senior Engineer - Copitol Progroms
Morisso Dioz, Senior Monoger - Copitol Progroms
SUBJECT: Stondqrdizotion Purchose Request
As port of Public Works Construction Prolect No. 22-003, the City will be striping bike lones ot up to two (2) intersections thot currently do not hove the copocity to detect bicycles. ln order to provide the sofest ond most efficient user experience to the cyclists, it is importont thot the City upgrode the video detection systems ot these intersections. The equipment requested for purchose is lteris Next Video Detection System. This product is only ovoiloble through lteris, which is the current troffic monogement system used citywide.

The lteris system wos purchosed by the City on October 28,2019. ln order to optimize the functions, ond stondordize our equipment, o request is mode to sole source this equipment through lteris.

APPROVAL: 2 /o '22-
Christin Molto, Monoger - Finonce
2022 Spring Pavement Management Program
Project No. PWCP 22‐003
Vicinity Map

STAFF REPORT
City of Lancaster
CC 6
3/22/2022
JC
Date: March 22, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Subject: Task Order for Multi-Year Professional Services (Service Group Category 1 - Roadway and Structures Engineering) Design Services for Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference PWCP 20- 006)
Recommendation:

Fiscal Impact:
$438,172.00 and an additional $227,471.10 contingency, increasing the contract total to $3,266,460.00 (including a net 20% contingency of $544,410.00); sufficient funds are available in Capital Improvements Budget Account Numbers 203-15ST058-924, 206-15ST058-924, 207- 15ST058-924, 209-15ST058-924, 210-15ST058-924, 211-15ST058-924, 217-15ST058-924, 232- 15ST058-924, 252-15ST058-924, 321-15ST058-924, 480-15ST058-924, and 701-15ST058-924.

Background:

The Lancaster Health District (formerly Medical Main Street) Improvements project will alleviate the burden to the existing arterial network, whilst providing necessary access to existing and proposed medical facilities as part of the Medical Main Street Planning area. The proposed project will improve service to the region that serves the Antelope Valley Hospital.

On March 24, 2020, Council approved the award of Task Order No. 6 to KHA for design services to prepare Plans, Specifications, and Estimates (PS&E). A contract was executed for a total contract not to exceed the amount of $2,169,389.00.

On April 9, 2020, the City executed a Revised Task Order for additional traffic analysis services for design services with KHA.

On October 1, 2020, the City executed a Second Revised Task Order to provide further additional traffic analysis and design service for the Lancaster Health District (LHD).

On December 14, 2020, the City executed a Third Revised Task Order for Additional Authorization to provide further additional project management, surveys, and design services.

On November 29, 2021, the City executed a Fourth Revised Task Order for Additional Authorization to provide further additional project management, surveys, and design services.

With approval of this Additional Authorization No. 5, KHA will provide further additional project management, design services, mapping and surveying services, and right-of-way engineering services. Task Order No. 6 will be revised for a total contract amount not to exceed $3,033,687.00.

The project will include approximately 1.75 miles of new complete streets, intersection improvements, roundabouts, modified or new traffic signals, shared bike paths, sidewalks, jogging path, 3R (Rehabilitation, Restoration and Resurfacing) Improvements, complete streets features, and transit access amenities.

Project limits are within the City of Lancaster near the Antelope Valley Hospital and surrounding area. The project area is bounded by:
Avenue J to the north
The Antelope Valley Freeway (SR-14) and Avenue J-8 to the south 20th Street West to the west
Kingtree Avenue and 12th Street West to the east
This project is funded with Los Angeles County Metropolitan Transportation Authority (LACMTA) Proposition C grant funds in addition to gas tax, SB1, TDA Article 8, Proposition A, Proposition C, Measure R Local Return, Measure M Local Return, Signal Impact fees, Traffic Impact fees, Proposition 42 Congestion Management, Sewer Maintenance District, and Road Bond funds.

Design responsibilities, under this Task Order, include mapping and surveying services; geometric layout; civil, traffic, and electrical design; right-of-way acquisition; and preparation of plans, specifications and estimates (PS&E) package for construction.

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Attachments:

Vicinity Map
Fifth Revised Task Order No. 6

CITY OF LANCASTER
PWCP 20‐006 LANCASTER HEALTH DISTRICT
VICINITY MAP

FIFTH REVISED TASK ORDER NO. 6
UNDER
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES – RFQ 694-18 SERVICE GROUP CATEGORY 1 – ROADWAY AND STRUCTURES ENGINEERING

DATED JANUARY 23, 2019

BETWEEN

THE CITY OF LANCASTER, "OWNER"
AND
KIMLEY-HORN AND ASSOCIATES, INC. "CONSULTANT"

PROJECT TITLE: Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference PWCP 20-006)

PROJECT DESCRIPTION: Prepare Plans, Specifications, and Estimates (PS&E)

SCOPE OF WORK: Per Attached Exhibit "1", Scope of Services

PERIOD OF SERVICES: Per Attached Exhibit "2", Schedule

COMPENSATION
FOR SERVICES: Per Fee Schedule - Not to Exceed $3,033.687.00

"OWNER" "CONSULTANT"

CITY OF LANCASTER KIMLEY-HORN AND ASSOCIATES, INC

By ________________________________ By ____________________________ Jeff Hogan Robert Blume
Senior Director - Development Services Vice President

Date _______________________________ Date ___________________________

EXHIBIT “1”

SCOPE OF SERVICES

The work to be performed under this task order shall include:

A. Task Order 6 –Scope of Services

B. Revised Task Order 6 – Scope of Services

C. Second Revised Task Order 6 – Scope of Services

D. Third Revised Task Order 6 – Scope of Services

E. Fourth Revised Task Order 6 – Scope of Services

F. Fifth Revised Task Order 6 – Scope of Services

Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 1, Page 1 of 30

EXHIBIT 1-A: SCOPE OF SERVICES

PROJECT BACKGROUND, DESCRIPTION, AND LOCATION
The City of Lancaster, in partnership with the Antelope Valley Hospital, will construct approximately 1.75 miles of new complete streets to alleviate burden to existing arterial network, whilst providing necessary access to existing and proposed medical facilities. The project is funded by the Los Angeles County Metropolitan Transportation Authority (LACMTA) 2015 Call for Projects.

Project limits are within the City of Lancaster near the Antelope Valley Hospital and surrounding area. The project area is bounded by 13th Street West to the east, Avenue J to the north, 20th Street West to the west, and the Antelope Valley Freeway (SR-14) and Avenue J-8 to the south.

The proposed improvements will improve service to the region that serves the Antelope Valley Hospital.

GENERAL SCOPE OF WORK
The scope of work for this project is to provide mapping and surveying services; geometric layout; civil, traffic, and electrical design; right-of-way acquisition; and preparation of plans, specifications and estimates (PS&E) package for construction.

A detailed outline of the scope of work by Task is included below.

Milestone tasks and schedule are included in Exhibit 2 and payment and fees by tasks and sub- tasks table is included in Exhibit 3.

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (LACMTA) FUNDING AGREEMENT REQUIREMENTS
This work will be paid for with LACMTA reimbursable participating grant funds. The project funding was authorized by the LACMTA Board of Directors, at its meeting on September 24, 2015, subject to the terms and conditions contained in the Funding Agreement (“Agreement”) made and entered into effective as of March 15, 2019. Agreement is included at the end of Exhibit 1.

The City of Lancaster has entered into a Funding Agreement Agreement) with LACMTA Medical Main Street, LACMTA Project ID# F9131 and FTIP#LAF9131. Per PART II, GENERAL TERMS OF THE AGREEMENT, Section 12.6 of the FA, “GRANTEE agrees that those sections of this Agreement marked with an asterisk shall be included in every contract entered into by GRANTEE or its contractors relating to work performed under this Agreement and LACMTA shall have the right to review and audit such contracts.” Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 1, Page 2 of 30

Applicable sections of the referenced FA include, but are not limited to, the following and shall be included and made a part of this Task Order:

PART II, Section 3.3, “GRANTEE must use the Funds in the most c ost-effective manner. If GRANTEE intends to use a consultant or contractor to implement all or part of the Project, LACMTA requires that such activities be procured in accordance with GRANTEE's contracting procedures and consistent with State law. GRANTEE will also us e the Funds in the most cost- effective manner when the Funds are used to pay "in-house" staf f time. This effective use of funds provision will be verified by LACMTA through on-going Pro ject monitoring and through any LACMTA interim and final audits.”
PART II, Section 3.4, “GRANTEE’S employee, officers, councilmembers, board member, agents, or consultants (a “GRANTEE Party”) are prohibited from participating in the selection, award, or administration of a third-party contract or sub-agreement suppo rted by the Funds if a real or apparent conflict of interest would be involved. A conflict of interest would include, without limitation, an organizational conflict of interest or when any of the following parties has a financial or other interest in any entity selected for award: (a) a GRANT EE Party (b) any member of a GRANTEE Party’s immediate family, (c) a partner of a GRANTEE Pa rty; (d) any organization that employs or intends to employ any of the above. This confl ict of interest provision will be verified by LACMTA through on-going Project monitoring and thro ugh any LACMTA interim and final audits.

PART II, Section 5.1, “LACMTA, and/or its designee, shall have the right to conduct audits of the Project, as deemed appropriate, such as financial and compliance audits; interim audits; pre-award audits, performance audits and final audits. LACMTA will comme nce a final audit within nine months of receipt of an acceptable final invoice, provided the Project is ready for final audit (meaning all costs and charges have been paid by GRANTEE and invoiced to LACMTA, and such costs, charges and invoices are properly documented and summarized in the accounting records to enable an audit without further explanation or summarization including actual indirect rates for the period under review. GRANTEE agr ees to establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP). Grantee shall reimburse LACMTA for any expe nditure not in compliance with this Agreement and the Guidelines. GRANTEE’S eligible exp enditures submitted to LACMTA for this Project shall be in compliance with the Reporti ng and Expenditure Guidelines (Attachment C) and 2 CFR Subtitle A, Chapter II, Part 2. The a llowability of costs for GRANTEE's contractors, consultants and suppliers submitted to L ACMTA through Recipient's Quarterly Progress Reports/Expenditures shall be in compliance with 2 CFR Subtitle A, Chapter II, Part 200 or, prohibited under this Agreement shall be an ineligible use of the Funds and may be disallowed by LACMTA audit. Findings of the LACMTA audit are f inal. When LACMTA audit findings require GRANTEE to return monies to LACMTA, GRAN TEE shall return such monies within thirty (30) days after the final audit is sent to GRANTEE.” Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 1, Page 3 of 30

PART II, Section 5.2, “GRANTEE's records shall include, without limitation, accounting records, written policies and procedures, contract files, original estim ates, correspondence, change order files (including documentation c overing negotiated settlements) , invoices, and any other supporting evidence deemed necessary by LACMTA to substantiate charges related to the Project (all collectively referred to as “records”) shall be open to in spection and subject to audit and reproduction by LACMTA auditors or authorized representatives t o the extent deemed necessary by LACMTA to adequately permit evaluation of expended costs. S uch records subject to audit shall also include, without limitation, those records deemed ne cessary by LACMTA to evaluate and verify, direct and indirec t costs, (including overhead allo cations) as they may apply to costs associated with the Project. These records must be retained by GRANTEE for three years following final payment under this Agreement. Payment of reten tion amounts shall not occur until after the LACMTA's final audit is completed.”
PART II, Section 5.3, “GRANTEE shall cause all contractors to comply with the requirements of Part II, Sections 5.1 and 5.2 above. GRANTEE shall cause all c ontractors to cooperate fully in furnishing or in making available to LACMTA all records deemed necessary by LACMTA auditors or authorized representatives related to the Project.” PART II, Section 5.4, “LACMTA or any of its duly authorized rep resentatives, upon reasonable written notice shall be afforded access to all of the records of GRANTEE and its contractors related to the Project, and shall be all owed to interview any employee of GRANTEE and its contractors through final payment to the extent reasonably practicable.” PART II, Section 5.5, “LACMTA or any of its duly authorized rep resentatives, upon reasonable written notice, shall have access to the offices of GRANTEE and its contractors, shall have access to all necessary records, including reproduction at no charge t o LACMTA, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the terms and conditions of this Agreement.”
PART II, Section 5.7, “When business travel associated with the Project requires use of a vehicle, the mileage incurred shall be reimbursed at the mileage rates set by the Internal Revenue Service, as indicated in the United States General Services Administrati on Federal Trave l Regulation, Privately Owned Vehicle Reimbursement Rates.”
PART II, Section 5.8, “GRANTEE shall certify monthly invoices by reviewing all contractor and subcontractor costs and maintaining internal control to ensure that all expenditures are allocable, allowable and reasonable and in accordance with 2 CFR Subtitle A, Chapter II, Part 200 or 48 CFR Part 31 (whichever is applicable) and the terms and conditions of this Agreement.” PART II, Section 11.1, “GRANTEE sha ll ensure that all Communica tion Materials contain recognition of LACMTA's contribution to the Project as more par ticularly set forth in "Funding Agreement Communications Materials Guidelines" available online or from the LACMTA Project Manager. Please check with the LACMTA Project Manager for the web address. The Funding Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 1, Page 4 of 30

Agreement Communications Materials Guidelines may be changed fr om time to time during the course of this Agreement. GRANTEE shall be responsible for complying with the latest Funding Agreement Communications Materia ls Guidelines during the term o f this Agreement, unless otherwise specifically authorized in writing by the LACMTA Chief Communications Officer.” PART II, Section 11.2, “For purposes of this Agreement, "Commun ications Materials" include, but are not limited to, press events, public and external newsletters, printed materials, advertising, websites radio and public service announcements, electronic media, and construction site signage.

A more detailed definition of " Communications Materials" is fou nd in the Funding Agreement Communications Materials Guidelines.”
PART II, Section 11.3, “The Metro logo is a trademarked item th at shall be reproduced and displayed in accordance with specific graphic guidelines. Thes e guidelines and logo files including scalable vector files will be available through the LACMTA Project Manager.” PART II, Section 11.4, “GRANTEE shall ensure that any subcontractor, including, but not limited to, public relations, public affa irs, and/or marketing firms hi red to produce Project Communications Materials for public and external purposes will comply with the requirements contained in this Section.”
PART II, Section 12.3, “Neither LACMTA nor any subsidiary or th eir respective directors, officers, agents, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by GRANTEE under or in connection with any work performed by or service provided by GRANTEE, its officers, agents, employees, contractors and subcontractors under this Agreement. GRANTEE shall fully i ndemnify, defend (with counsel approved by LACMTA) and hold LACMTA, and its subsidiari es and their respective directors, officers, agents and employees harmless from and against any suits and causes of actions, claims, losses, liability, damages, costs and expenses, includi ng without limitation, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of property, any environmental obligation, and any legal fees in any way arising out of acts or omissions to act related to the Project or this Agreement, without requirement that LACMTA first pay such claim. The obligations set forth in this section shal l survive termination of this Agreement.

PART II, Section 12.5, “GRANTEE shall comply with and insure that work performed under this Agreement is done in compliance with Generally Accepted Account ing Principles (GAAP), all applicable provisions of federal, state, and local laws, statutes, ordinances, rules, regulations, and procedural requirements including Federal Acquisition Regulatio ns (FAR), and the applicable requirements and regulations of LACMTA. GRANTEE acknowledges r esponsibility for obtaining copies of and complying with the terms of the most re cent federal, state, or local laws and regulations, and LACMTA requirements including any amendments thereto.

PROJECT POSITIONS AND KEY PERSONNEL
The Consultant shall adequately staff the project to deliver a high quality project on time and within budget.

Positions to be filled for the Project may include one or more of the following (Key Team Member positions are in bold):

1. Project Manager Bob Blume

2. Project Engineer Eugene Huang (California P.E. required)

3. Traffic Engineer Sri Chakravarthy (California P.E. required)

4. Electrical Engineer Peter Syntax (California P.E. required)

5. Structural Engineer (N/A) (California P.E. or S.E. required)

6. Landscape Architect Randall Kopff

7. ROW Coordinator Mark Le Bonte

8. Land Surveyor Rick Estrada (California P.L.S. required)

9. Utility Coordinator Ryan Chapman
All persons furnished by a firm/team shall be its employees, su b-consultants, or agents subject to its supervision and control, and not City or LACMTA employees/agents.

Substitution of the individuals proposed to fill Key positions shown in bold above included in a firm’s/team’s proposal for the Project will not be permitted be fore or at any time during the execution of the required consulting services for the project, unless the circumstances are beyond the control of the firm/team or prior consultation with and approval by City occurs.

The Consultant shall establish a single individual as PM/PE, who shall stay with this project from beginning to completion. The consultant shall obtain prior wri tten approval of the City prior to replacement of PM/PE for any reason.

The PM/PE shall be a registered Professional Civil Engineer lic ensed by the State of California with minimum of ten years of experience in similar projects after obtaining registration.

The Traffic Engineer shall be a registered Professional Engineer licensed by the State of California with minimum of ten years of experience in roundabout geometry, engineering, modeling and design experience in similar projects after obtaining registration.

The Consultant shall establish a single individual as ROW Coord inator, who shall stay with this project from beginning to completion. The ROW Coordinator shal l have a minimum of five years of proven right-of-way engineering and right-of-way acquisition experience in similar projects.

CITY PROVIDED INFORMATION
City Staff shall provide environmental documentation approval, including the following:

1. Lancaster Health District Master Plan (Not available at time of proposal)

2. Environmental Impact Report (Not available at time of proposal) The following additional items shall be provided by the City:
 Copies (hardcopy or PDF as available) of all record drawings wi thin the City archives, to include: Street plans, storm dr ain plans for facilities and pi pelines, street lighting plans, traffic signal plans, signing and striping plans, LMD, sewer water and recycled water plans.  Copies (hardcopy or PDF as available) of all Survey notes, Monu mentation notes and Engineer tie sheets

ADDITIONAL INFORMATION
The City shall make progress payments per the completed units detailed in Exhibit 3 submitted by the Consultant. The Consultant shall generate an invoice that details the specific units completed, shall provide sufficient back up to verify expenditures claimed and Consistency with fee grids submitted in the cost proposal, and a brief progress report des cribing work completed during the invoicing period, delay details if schedule is slipping, how the Consultant will recover the schedule to meet the contract completion date, and work to be completed in the next invoicing period.

The invoice must include a summar y table that details the total contract price, previously paid, current invoice amount and remaining balance.

Consultant shall not start work prior to receiving Notice to Proceed. The Notice to Proceed shall be issued in writing once the agreement and insurance documents are submitted and approved and a purchase order has been executed.

Consultant shall not perform additional work without written au thorization from the City of Lancaster Project Manager. Written authorization shall come in the form of an Additional Authorization to the Agreement.

The Consultant shall provide to the City deliverables in hardcopy and electronic format as detailed in the City’s Standards for CAD Deliverables.

TASK 1 PROJECT ADMINISTRATION AND MANAGEMENT
Perform all project management, scheduling, quality control, and quality assurance tasks necessary to maintain the project schedule, budget, and a high-quality set of deliverables to the City.

The Consultant shall schedule meetings (in person, web, or conf erence call) with the City and design team to provide feedback during the project; maintain sc hedule; provide a single Project Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 1, Page 7 of 30

Manager (PM/PE) to coordinate w ith City Capital Engineering PM, other City Departments/Divisions, each task lead/designer, utilities, etc. to deliver a complete consolidated plan set and specification sections that are consistent and do not conflict between improvements; and implement QA/QC measures. The Consultant shall prepare and distribute the agenda and associated materials in advance of each meeting, and prepare ac tion item minutes following each meeting.

The Consultant shall prepare and review all necessary legal doc uments, insurance certificates, correspondence, invoices, and associ ated materials necessary fo r the successful execution of the contract.

1.1 Work Plan
The Consultant shall prepare a Work Plan that includes a list o f deliverables, detailed critical path project schedule with subtasks for all deliverables, summa ry of organization responsibilities and contacts, s pecific scope of work, task bud gets, reporting and invoicing procedures, quality assurance pl an, and project filing system. The Work Plan shall be submitted to the City prior to the first invoice.

1.2 Meetings

1.2.1 Kick-Off Meeting
Kick-off meeting shall be held shortly after the issuance of th e Notice to Proceed, at the City of Lancaster Maintenance Facility, 615 West Avenue H, Lancaster, California 93534.

The City Project Manager and stakeholders shall provide information, guidance and answer questions. This meeting shall serve to establis h project requi rements and to document input in developing the final design and construction documents . The meeting shall also be used to clarify the lines of communication and other administrative details.

1.2.2 Progress Meetings
For the basis of Proposal, the Consultant shall assume monthly progress meetings (or a conference call, if appropriate) with City PM to review progress and obtain direction. The Consultant shall maintain a list of action items with projected completion dates and shall include progress in weekly updates, at monthly meetings (assume 8 progress meetings and after 30%, 60%, and 90%) and with invoice. The Consultant shall send current action item list via email to the City PM no later than three (3) working d ays following each progress meeting.

1.2.3 Additional Meetings
The Consultant shall organize additional meetings, as required, to complete the project.

Additional meetings include, but are not necessarily limited to, meeting with other agencies Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 1, Page 8 of 30

such as resource agencies and ut ility companies. Cost for addi tional meetings shall be included in the lump sum not to exceed contract amount. No sep arate payment shall be made.

1.3 Project Management
Consultant shall prepare and maintain a detailed critical path project schedule with subtasks for all deliverables and submit with weekly written project status reports throughout the duration of the project. The weekly reports are critical to forecast resou rce needs and ensure the appropriate staff and support services are available, when need ed, to deliver the project on schedule and within budget. Consu ltant shall notify the Projec t Manager of any scope, schedule or budget issues that may arise.

The Consultant shall establish and apply internal accounting methods and procedures acceptable to the City and LACMTA for docum enting and monitoring contract costs. The Consultant shall submit a consolidated monthly invoice in a format acceptable to the City and broken down in a manner consistent with the Work Plan (see Section 1.1). The Consultant shall include with the monthly invoice a progress report that reflects the work completed within the invoice period and maintain a list of action items with projected completion dates. Payments to the Consultant are to be in arrears. The Consultant must have actually incurr ed and paid the costs prior to invoicing the City.

1.4 Quality Assurance & Quality Control
Consultant must provide quality a ssurance and control of survey , design plans, specifications, and estimates prior to each submittal. This task is required t o verify that no unsafe design changes have been made or proposed, geometric layout has not be en critically altered, improvement goals are being met, economy of project is maintained, plans are consistent across improvements, there are no conflicts between trades, and construction integrity of the design is ensured.

1.5 Permits
The Consultant shall be responsible for determining which permits are required to construct the project. Consultant shall p repare for the City's signature any required permits from State or Federal agencies and other entities. The Consultant s hall coordinate; obtain resource agency permits, agreements, and/or approvals. The Con sultant shall also prepare for the City's signature permits to enter and any other necessary permits/right of entry from landowners for all research, such as surveying, geotechnical, a nd any other design-related work.

TASK 2 RESEARCH
R e s e a r c h s h a l l i n c l u d e a l l a v e n u e s r e q u i r e d t h a t m a y b e u s e d i n support of the design improvements between the project limits, to produce a complete Plans, Specifications and Estimates (PS&E) package; as a minimum, cost shall include the following:

2.1 Utilities
The Consultant shall positively locate all utilities in accorda nce with underground utilities to determine the depth for clearance and connection points or conflicts for any underground improvements, such as gas lines, sewer lines, storm drains, or water lines. Research all existing utilities (including dry utilities) – request and obtain atlas maps and record drawings from utility companies by submitting Utility Notification Letter A with vicinity map exhibits that provide each location for this project (Utility Notification Letter A template is included at the end of Exhibit 1). Letter A shall be distributed immedi ately after the Notice to Proceed is issued. Consultant s hall field verify the utility l ocations represented on these maps and obtain all updated maps from all utility companies inc luding any other utilities not provided by City or mentioned.

The City will not print Utility Notification Letters on City le tterhead for the Consultant nor will the City intercede on the Consultant’s beha lf to reduce/eliminate costs associated with utility res earch/coordination. The Consu ltant shall include all costs for Utility research/coordination in the lump sum not to exceed cost, complete.

The Consultant shall contact utility companies, including, but not limited to, the following:
• Southern California Edison
• Southern California Gas
• AT&T
• Frontier Telecommunications
• Spectrum/Charter Communications
• Sprint
• LACO Waterworks District
• LACO Sanitation District

2.2 Survey Records
Research all survey records and obtain tie sheets, field books, monument recovery notes and/or street improvements plans depicting centerline of ROW survey monumentation from the County. The City will obtain and provide survey notes, mon umentation notes and tie sheets within City archive.

2.3 Mapping and Right-of-Way (ROW)
Research pertinent record maps and assessor parcel information to compile the boundary lines from a "best fit" combination of these record sources.

2.4 Incidental Research

TASK 3 DESIGN ENGINEERING AND SURVEYS

3.1 Design Surveys
Field survey shall include all mapping and surveying tasks required to produce a complete topographic map that may be used in support of civil design of improvements at each location for this project incl uding all extended and transition l i m i t s f o r t h e p u r p o s e o f striping, signing and markings per the Master Plan for Trails a nd Bikeways. As a minimum, cost shall include the following:

The Consultant shall perform design surveys to conform to the C altrans Surveys Manual.

Field locate vertical and horizontal controls (monuments and benchmarks.) Perform centerline control survey. All centerline intersection s, beginning and ending curves and major control points shall be found (or established if not existing) and measured.

If a point must be reset to esta blish the centerline, a comer r ecord and/or record of survey must be filed with the County for all set points and a copy returned to the City.

Consultant shall conduct the design surveying necessary for the final engineering work.

Topographic base map will be produced by ground survey methods. The base maps shall identify all existing street improvements, drainage structures, fire hydrants, utility facilities, landscaping, striping, markings, signs, street lights, and other appurtenant improvements in each project area.

Consultant’s survey crew shall conduct site visits to gather data and details needed to design the project. For roadway, typical cross sections shall be at 50 ’ intervals, and shall include, but not be limited to: top of cur b, flow-line, edge of gutter, edge of pavement, lane lines, centerline, curb and medians, angle points and curb returns (BC R, ECR and quarter deltas).

The latitudinal limits of the su rvey will be within the street right-of-way and 250’ past the intersection unless otherwise specified. For bulb-outs, Consultant shall provide radial cross- sections of existing and proposed grade at BCR, ECR and quarter deltas and shall, as a minimum, extend from the ROW to the street centerline.

All elevations shall be referenced to the closest found City an d County benchmark. Flow line elevations along the gutter will be included to determine the limits of removal for curb and gutter. Design cross secti ons shall be plotted using a 1:4 vertical and a 1:40 horizontal Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 1, Page 11 of 30

scale at 50’ intervals to depict proposed and existing elevations and cross slope.

Download and compute survey data and prepare an editable AutoCAD drawing file. The mapping will be compiled at a scale of 1"=40' with a 1-foot contour interval. Each surveyed feature will be clearly labeled or noted by symbol as identified in the field.

Aerial mapping will be completed for the areas impacted by the proposed improvements and cross section design surveys will be performed within the limit s of existing improvements.

This will provide a composite survey of the areas impacted by the project for design purposes and will provide an overall exhibit for the project.

3.2 Geotechnical
It is the Consultant’s responsib ility to identify the need for geotechnical investigation and testing in support of their desi gn. The geotechnical investiga tion will include field investigation and exploration work to obtain representative soil samples and pavement cores for use in performing soil testing and report preparation for the geotechnical analysis of the subsurface material relating to all project excavations and subgrade preparation.

In preparation for the field exploration, Consultant will notif y Underground Service Alert (USA) at least 48-hours prior to commencing the field work to l ocate know underground utilities or services where drilling geotechnical borings.

Geotechnical results shall be well documented and presented in a report in accordance with the City of Lancaster Engineering Design Guidelines, Policies and P rocedures Manual.

Geotechnical report shall include recommendations for new pavem ent structural sections.

Coring logs shall note thickness of existing asphalt concrete pavement and thickness of existing pavement section aggregate base. Costs associated with geotechnical investigation and testing shall be included in the Consultant’s proposal. For proposal p urposes, the Consultant shall assume a minimal amount of geotechnical investigations is proposed that will include a total of 13 borings and 10 cores, laborator y testing, and pavement desig n recommendations based on this data and shall provide unit rate in Exhibit 3. Prior to g eotechnical investigation, the Consultant and City shall agree on final number and locations o f cores and amend contract to adjust total lump sum not to exceed at the unit rate established in Exhibit 3.

The following is an out line of the work:
 Coordination with the supervising civil engineer and City of Lancaster staff regarding the scope and schedule of Consultant’s work and select location for pavement core and soil borings
 Coordination with the coring contractor and traffic control personnel prior to the start of work

 A no fee permit shall be obtained from the City of Lancaster pr ior to the start of geotechnical work.
 Coordination and Clearance with underground service alert  Completion of cores through the existing asphalt concrete (AC) and/or Portland cement concrete (PCC) pavements.
 Observations and documentation of subsurface materials exposed along the alignment at each core location. Subgrade soil samples will be collected at each location for lab testing. Collection of soils may require the u se of a hand auger in order to obtain a sufficient am ount of soil to perform the testing.  Base material and pavement cores shall be immediately replaced/repaired following observation and/or sample collection, to minimize mobilization costs. Hot mix asphalt or Caltrans Set 45 shall be used for pavement repair.  Temporary traffic control shall be provided in accordance with the latest California MUTCD.
 Perform R-value and soil classification testing on soil samples at each location.  Prepare a report providing pavement design recommendations based on R-Value test results

3.3 Potholing
As part of the design, the Consultant shall identify and pothole all utilities to confirm all vertical and horizontal locations of proposed improvements, including ne w utilities, foundations or other structural elements that shall be affected. Costs associ ated with potholing shall be included in the Consultant’s proposal. For proposal purposes, the Consultant shall assume a total of 10 potholes for the purposes of this proposal and shal l provide unit rate in Exhibit 3.

Prior to potholing, the Consultant and City shall agree on final number and locations of potholes prior to any field activities and amend contract to adjust tota l lump sum not to exceed at the unit rate established in Exhibit 3.

See Southern California Gas Comp any Potholing Policy included a t the end of Exhibit 1.
 Coordination with the potholing contractor and traffic control personnel prior to the start of work.
 A no fee permit shall be obtained from the City of Lancaster pr ior to the start of potholing work.
 Coordination and Clearance with underground service alert

 Completion of potholes through the existing asphalt concrete (AC) and/or Portland cement concrete (PCC) pavements.
 Base material and pavement cores shall be immediately replaced/repaired following observation and/or sample collection, to minimize mobilization costs. Hot mix asphalt or Caltrans Set 45 shall be used for pavement repair.  Temporary traffic control shall be provided in accordance with the latest California MUTCD.
 Prepare a report providing potholing to include, at a minimum: potholing location map, lateral and horizontal location of pothole relative to adjacent fixed facilities, as well as northing and easting elevation of ground surface at pot h o l e , d e p t h f r o m ground surface to top and bottom of utility, conduit dimensions and material type, type of utility (i.e. gas, fiber, water, etc.), Owner of utilit y, lateral and vertical separation if adjacent utility is less than 3 feet outside conduit to outside conduit and photos of excavation/exposed conduit.

3.4 Geometric Layout
Geometric layout shall include horizontal design of roundabouts. Consultant will be required to complete all detailed capacity analyses, modeling and design required for each roundabout.

Existing conditions, plans and alignments shall be reviewed and design constraints identified.

3.4.1 Capacity Analysis
The consultant shall prepare a roundabout traffic analysis repo rt, using industry accepted roundabout analysis methodology and software to identify the ge ometric criteria and operational characteristics of the roundabout. The traffic ana lysis will be submitted to the City for review and acceptance p rior to proceeding to higher le vel design drawings and submittals. The consultant may recommend a combination of methodologies and types of available software in determining the key horizontal geometric elements and operational levels of service (LOS) of the proposed roundabout (e.g., round about geometry, lane configurations, inscribed circle, entry width, entry/exit radii, delay, queue lengths, speeds, and other pertinent features). The consultant shall have exper ience with the use of the recommended software on prior built-out projects. The recommen ded analysis methodology, software packages, and experience shall be clearly identified in the proposal.

The following assumptions may be included in the proposal:

 Existing traffic volume data will be collected at the time the traffic analysis is to be conducted or provided by City of Lancaster, where possible.

 Projected traffic volumes will be provided by the consultant using standard regional traffic model growth rates.
 Traffic analysis shall be performed for morning (AM) peak hour, and afternoon (PM) peak hour traffic conditions.
 Traffic analysis shall be perf ormed for existing/opening year a nd 2040 year conditions.
 Traffic analysis shall include a ll relevant exhibits and altern atives required for a thorough presentation of the analysis and recommendations for t he existing and proposed intersection configurations.
 Traffic analysis shall include a review of passenger vehicle, t ruck and emergency vehicle turning paths and movements.

The Consultant will prepare Op ening year and Design Year traffi c forecasts for all the intersections in Lancaster Health District (LHD). Forecast ana lysis will include assumptions related to background traffic growth and trips that would be generated by the proposed LHD and other development projects as defined in the C ity’s travel demand model. The Consultant will utilize the forecast data to review traffic operations and circulation within LHD and the area immediately surrounding the LHD, if deemed necessary. We will review and provide input on lane configurati ons, queuing, turn pocket storage lengths, turn restrictions, access driveways and signal phasing.

The Consultant will complete an operational analysis for the pr oposed roundabout locations using Sidra analysis software. We will utilize openi ng year and future 2040 traffic forecasts to determine t he operational levels, roundabo ut geometry, slip lanes, storage pockets, and queues. Level of Service (LOS) will be pr ovided for each leg of the roundabout along with overall LOS for the roundabout.

3.4.2 Horizontal Layout
Each roundabout layout should initially identify placement of t he roundabout and lane configuration requirements for th e circulatory roadway and the exits of the roundabout (ultimate condition). This will be an iterative process to arr ive upon an acceptable solution and the Consultant shall consider this in their proposal. Because right-of-way at both locations is at ultimate and cannot be modified, and due t o the proximity of several driveways, roadway re-alignment shall be minimal.

The Consultant shall provide u ltimate horizontal roundabout des ign for each intersection with respect to the required geometric parameters as well as safety in AutoCAD electronic file format. The Consultant will complete roundabout geometric Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 1, Page 15 of 30

design with respect to the face of curbs and striping for final development and completion of the PS&E documents. The AutoCAD file will contai n amenities including, but not limited to sidewalks, crosswalk refuges, bike paths and ramps, truck aprons, etc. The design shall be based upon acceptable thresho lds to maintain adequate capacity, speeds, and safety.

TASK 4 SCOPING OF IMPROVEMENTS
Prior to scoping improvements and commencing survey and design, the Consultant shall examine the application including Proj ect Study Report Equivalent (PSRE ) (Application and PSRE are included at the end of Exhibit 1), Draft Environmental Impact R eport (EIR), and Draft Lancaster Health District Master Plan (LHDMP) and examine, evaluate, and field walk the site within the project limits to establish final improvements to be constructed for this project in accordance with the City’s Engineering Design Guidelines and confirm pre-design layout. Improvements shall be consistent with scope of grant application and environmental document approval project limits to the greatest extend feasible.

We understand that the Draft EIR and the Draft LHDMP are not av ailable for review for the initiation of this effort. The c oncept plans will be developed from the final grant application and revisions that were approved by LACMTA. The final design plans will be initiated and potentially developed up to a 90% level prior to the preparation of the Draft EIR. The team will work with the City to develop the improvements consistent with the grant application description.

The EIR will also need to conform to the grant description. Th e team will coordinate the developed concept plans with the City’s EIR team to help facilitate and coordinate the two efforts.

It is assumed that prior to the 90% plans preparation, the EIR team will provide the mitigation measures for inclusion into the final design of the project.

TASK 5 ENGINEERING PLANS, SPECIFICATIONS AND ESTIMATES
The PS&E design will include all work associated with Medical M ain Street and associated improvements. The final design may take place concurrently wit h preparation of the Environmental Impact Report and Lancaster Health District Maste r Plan; however, prior to 90% submittal, Consultant shall review final EIR and Master Plan and incorporate mitigation measures and other design and construction related impacts to infrastructure improvement plans.

The proposed improvements shall, at a minimum, follow the City of Lancaster Engineering Design Guidelines Policies and Procedures Manual. Wherever the City guidelines are absent of the latest industry updates, standards or d etails, Consultant shall utiliz e the latest Standard Specifications and Plans for Public Works Cons truction (“Green Book”), the Los Angeles County Department of Public Works Design Standards and Caltrans Standards. Wherever there is a conflict in design standards, Consultant shall subm it a clarification in writing t o the City Project Manager for direction and approval. In most cases, the more stringent design standards shall apply.

The Consultant shall refer to the City’s Safe Routes to Schools Master Plan for engineering design concept of proposed bulb-outs.

Consultant shall refer to the City’s Master Plan of Trails and Bikeways and Complete Streets for the development of the striping, signing and marking plans.

In addition, the Consultant shall coordinate and work with the following City Divisions during design: Capital Engineering Divi sion (primary), Community Deve lopment Division (Planning Group), City Engineering Division (Traffic Engineering Group), Public Works Division, Utilities Services Division, and Parks, Recreation, and Arts Department. Any correspondence between Consultant and City employees, other than the Project Manager, shall be copied same day to the Project Manager as well as in the final deliverables.

5.1 Engineering Plans
The final design shall include all the tasks necessary for a construction-ready project, including design surveys; preparation of p lans, specifications and estima tes; utility coordination, all permitting, and all right-of-way engineering and acquisitions. The Engineering plans shall include title sheets, sections and details sheet, demolition sheet, grading plans, erosion control plan sheets, street improvement – (plan and profile sheets), street lighting plans, traffic signal plans, signing and striping plans, sewer plans, storm drain pla ns, as well as landscaping and irrigation plans.

Cross sections are considered necessary to design the improveme nts, illustrate transitions and join to existing improvements, evaluate drainage, and to accura tely establish the earthwork volumes and extent of constructio n or reconstruction beyond the ROW lines onto private property where, and if, necessar y. Cross sections shall be pre pared at a scale and frequency approved by the City and detailed herein.

The following plan sheets are anticipated to be included in the design:
a. Title Sheet - Includes project information, vicinity map, locat ion map, benchmark, sheet index and City and utility contact information. (1 Sheet) b. Notes - Contains standard City and Engineers notes, legend, and abbreviations. (1 Sheet)
c. Survey Control – Contains Surveyor’s notes and benchmark information, control data, curve and line tables, and plan showing control points and start/end construction labeled in cyan and right-of-way lines labeled in proper colors per City of Lancaster standards. (1 Sheet)
d. Sections and Details - Contains typical roadway sections, sheet layouts, and details for work described on the plans. (6 Sheets)
Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 1, Page 17 of 30

e. Demolition Sheet - Shows items to be removed, relocated, or pro tected. Demolition sheets are not proposed for Avenues J-8 and 15th Street West, where 3R is the primary improvement being proposed. (12 Sheets)
f. Plan and Profile Sheets – For the street improvements, standard roadway plan and profile sheets shall be used. The plan view will be prepared a t a scale of 1”=40' for horizontal and 1”=10’ for vertical. The plans will identify th e required work to construct the improvements of thi s project with stations, offse ts, and elevations.

Utility modifications to relocate clear of the proposed improve ments shall also be shown on the plan view of the sheets. Where necessary, show ut ility relocations in details and profiles for better clarification. Bulb-out and cu rb profiles shall be included. The sheets will provide the appropriate construction callouts, including limits of the project, pavement areas, curb, gutter and sidewal k, bulb-outs, ramps, driveway conforms, and other details necessary to construct the project. The plans will include sufficient detail to locate the improvements based on roadway station callouts and horizontal line and curve data. The plan will inc lude the right-of-way clearly marked and adjacent properties identified by parcel number and property owner. (32 sheets total - 18 Street Improvement Plan and Profiles sheets,8 Street Improvement Plans without profiles for Avenues J-8 and 15th Street West. Separate Plan and profile sheets for the Roundabouts – 3 layouts at 20 scale and 3 profile sheets) g. Construction Details – Project details will be included as nece ssary. Details may include pavement section details, drainage details, utility relocation details, new utility construction details, etc. for the project design. However, de tails may also include curb return conforms or grading details. In addition, specific design criteria will be provided to accommodate and create safe and ADA compliant pedes trian facilities.

Pavement structural section shall be designed to match existing intersection pavement or based on a resulting Geotechnical report R-values and Testin g and Traffic Index as provided by the City. (30 total sh eets – 5 local streets, 9 rou ndabouts, 13 bulb outs, 3 contour grading for roundabouts)
h. Sewer Improvement Plans – The Consultant will prepare a sewer a rea plan incorporating previous study or documents available from the City or utility agencies.

The Consultant will coordinate with the City on recommended sew er metering to supplement the study.

Consultant shall determine mainline sewer needs within the site to serve undeveloped parcels. Laterals to parcels shall not be included. Sewer Are a Study, plan, and profile sheets shall be prepared, and details shall be included as necessary. Sewer Area Study shall consider relocation of Hos pital facility and other propos ed uses in accordance with the proposed Master Plan for the area and identify any pot ential sewer easement needs to provide backbone sewer infrastructure. (12 Sheets) Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 1, Page 18 of 30

i. Storm Drainage Improvement Plans - Consultant shall determine i f storm drain facilities or upgrades will be required within the project limits. While Master Plan of Drainage Facility design is not expected and not included in th e scope of work, local drainage facility design is expected and proposal shall include these cos ts based on current available storm data, existing improvements and existin g conditions. Storm drainage details shall be included as necessary. Some storm dr ain data may only require details within the street profiles and/or cross-slopes and this will be evaluated during the project design. Deta ils may also include storm drai n tie-ins, modified drainage inlets, drainage grading, etc. Consultant shall revie w and determine adequate and appropriate methods for the drainage of runoff with respect to the vertical design of the street improvements. This also includes recommendations f o r s t r e e t improvement profiles, cross-sections, crown line placement, and flow patterns.

The Consultant will prepare an overall drainage study for the p roject area based upon available hydrology and hydraulic documents or studies. The st udy will assess pre- development and post developmen t conditions following City and County methodology. The study will address overall project impacts. Individual storm drain segments or structure upgrades w ill be addressed as a part of t he hydrology/hydraulic analysis for the storm drain plans. Strom drain improvements w ill be closely coordinated with the roadway improvements. This task assumes t hat storm water treatment is not required for the project and that required on- site or private property detention or treatment would be addressed by the future developments. (17 Sheets) j. Water System Improvement Plans – Major adjustments and relocati ons to existing water mainline and service facilities to be submitted to water purveyor for their review and approval are not expected and outside of the scope of work. Minor adjustments and relocations to existing water mainline and services facilities shall be included with the street improvement plans and are to be submitted to water purveyor for their review and approval.

The Consultant will prepare the water system improvement plans in coordination with placement of other proposed utility improvements for the project. The Consultant will prepare plan and profile for th e minor adjustments and relocati ons to existing water mainline and service facilities for review by LA County Waterworks. The Consultant will also coordinate the existing water pressure with LA County W a t e r w o r k s . I t i s assumed that water mainline pressure design and calculations wo uld be limited to the minor relocation or realignment in coordination with LA County Waterworks and that they will provide the existing and proposed pressure requirements. Fire water pressure requirements, public hydrants, on- site hydrants, fire backflow preventers, utility service laterals/meters, etc. and structures for the Master Plan developments are part of the private development design and are assumed to be addressed by the future private developments based on the individual needs of each structure. (3 Sheets).

k. LS-3 Rate Schedule Electrical and Street Lighting Plans - A str eet lighting plan shall be produced for segment of street to receive street lighting. Plans shall consist of street light type and location, conduits , pull boxes, meter boxes & me ter, electrical design and ties to existing circuits or service points and shall be prepared per City of Lancaster requirements for LS-3 Rate Schedule Street Lights. SCE preliminary work order maps shall be obtained and included with 60% PS&E and updated as nee ded with 90% PS&E. Street light layout shall be prepared and stamped by a l icensed Civil Engineer while electrical plans shall be prepared and stamped by a licensed Electrical Engineer.

Meter pedestal addresses shall be obtained from the City and in cluded on the plans. It is assumed that photometric calculations will not be required. (12 sheets for lighting plans and 2 sheets for details)
Note: Consultant shall determ ine if existing overhead utilities will conflict with any proposed improvements and include an SCE approved high voltage contractor in the provisions of the improvement plans, specifications and estimate. l. Striping, Signing and Marking Plans - The plans will use California MUTCD references and detail numbers, where applicable and available, and specific information to specify signing, striping or pavement markings not included in the current manual. A schedule of proposed striping and a schedule of pavement markings will be shown on the plans.

Project limits to include all requ ired approach striping. For Signs, the size, shape, lettering type and size, colors, and symbols, to specify signs not included in the current manual. A schedule of proposed signs will be shown on the plan . Project limits to include all required approach signing. (17 sheets Signing and S triping Plans and 4 sheets of details)
m. Electrical and Pedestrian Signal Improvement Plans – An electri cal and pedestrian signal improvement plan shall be produced for any new installations, signal upgrades, removals or relocations, luminaires, fiber-optic, pedestrian si gnals, pull boxes, traffic utility controllers, meter boxes, conduit, conn ectivity and re- wiring. Plans shall consist of plan views of proposed signal/electrical locations (scale: 1” = 20’) with pole and equipment schedules, conductor schedules, pedestrian signal and electrical general notes, signal-phase diagrams, si gnal standard details, construc tion notes, legends and details. All electrical and pedestrian signal design work shal l be done in accordance with the Caltrans Standard Speci fications and Standard Plans, d ated 2015 and all amendments thereto, COL Standard Plans for Traffic Signal Syste ms, the National Electrical Code (2205 or latest adopted addition), the National Electrical Manufacturer’s Associate (NEMA), Underwriter’s Laboratories, Inc. (UL) and marked on equipment, requirements of the servicing utility companies a nd requirements of Federal, State or County agencies having jurisdiction . Consultant shall coordinate with SCE, Frontier, Time Warner, City Traffic Group and any oth er affected utility agency or property owners to determine all needed improvements/ upgrades so Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 1, Page 20 of 30

electrical and pedestrian signal improvement plans are total an d complete. SCE Preliminary Maps are required when revising, changing or adding new points of contact for power. Consultant shall add all routes necessary to accomm odate all points of contact. Electrical and signal plans shall be prepared and sta mped by a licensed California Electrical Engineer. Addresses for meter and/or sig nal controller boxes shall be obtained from the City and included on the plans.

Traffic signal plans will be pre pared at a 1” = 20’ scale using field review data, proposed improvement plans, and available as-builts. Plans are a n t i c i p a t e d f o r t h e following intersections:
 Avenue J/20th Street West (Signal Modification)
 Avenue J/18th Street West (New Signal)
 Avenue J/15th Street West (Signal Modification)
 Avenue J-3/15th Street West (Signal Modification)
 Avenue J-5/15th Street West (Signal Modification)
 Avenue J-8/15th Street West (Signal Modification)
 Avenue J-8/18th Street West (New Signal)
 Avenue J-3/18th Street West (New Signal)

For new traffic signals, we will coordinate with the project te am and City staff to identify power sources. We will arrange for and attend a field review meeting with SCE planners to finalize the point of connections for inclusion in the plans. Fiber optic or copper interconnect tie-ins and details will be shown on the traffic signal plans. (12 Sheets – 8 Traffic Signal sheets 2 interconnect detail sheets, and 2 Traffic Signal detail sheets)
Note: Consultant shall determ ine if existing overhead utilities will conflict with any proposed improvements and include an SCE approved high voltage contractor in the provisions of the improvement plans, specifications and estimate. n. Landscaping and Irrigation Improvement Plans - Landscape and Ir rigation Plans shall be prepared by a licensed landscape architect and comply with t he City’s Landscape and Irrigation Design Standards, Engineering Design Guidelines Policies and Procedures, and Ordinances 907, 928, and 1070. Landscape and i rrigation plans shall clearly show title sheet with vicinity and index map, general n otes, irrigation legend, hydrozone areas, landscape and hydrozone/water calcs, pressure loss chart, new water service POC, meters, irrigation controller pedestal, backflow p reventers, mainline lateral trench locations, landscape/planting layout, planting a nd groundcover legend, planting notes and any details to support the proposed improvements. Service pedestal Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 1, Page 21 of 30

addresses shall be obtained from the City and included on the p lans. (12 landscape layouts, 12 irrigation layouts, 2 cover sheets and 4 details sheets.) Note: Any required irrigation or plan-check fees/agreements wi ll be processed by the City of Lancaster. Consultant shall initiate and prepare documentation for fees and agreements and forward to the City Engineer for signature and processing. o. Miscellaneous Utility Plans – Placeholders for utility relocation and utility work order plans prepared and provided by appropriate utility companies. Consultant shall coordinate and obtain any utility work order maps required and shall be included on these sheets.

Miscellaneous utility improvement plans may include preparation of a composite utility plan to show all utilities for the project limits for review utility conflicts. It is assumed that separate utility plans focus ed on composite wet utility pl ans and composite dry utility plans will not be required. The plans will include uti lity relocation and utility work order plans prepared and provided by appropriate utility companies for inclusion in the project. (Up to 10 Sheets)
Utility detail sheets will be provided for sanitary sewer, storm drain, and water. These sheets will become part of the individual utility plan sets based on the number of details required for each utility improvement. The detail sheets will also include key utility cross sections and scanned images of standard City/agency or ut ility company details. (up to 3 sheets)

5.1.1 Conceptual Plans (30%)
The Consultant will produce 30% plans to confirm conceptual lay out, scope of improvements, and framework of consolidated plan set.

The City will be allowed two weeks to review and provide comments.

5.1.2 Preliminary Plans (60%)
The Consultant will produce 60% d esign documents. The 60% desi gn documents will include preliminary plans and estimates (i.e., opinions of probable construction costs). The 60% design documents will include horizontal control and call-o uts to sufficiently layout the design elements (proposed pavement, curb, gutter, sidewalk, l a n d s c a p e , e t c . ) a n d centerline profile to identify a ny major drainage issues for lo cations that require street widening (i.e., low points). Design documents shall also inclu de traffic plans for review of the Traffic Signal plans and Signing and Striping plans.

When the Consultant submits 60% design to the City for review, the Consultant shall also send utility companies formal notification (Utility Letter B) w ith copies of the plans, Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 1, Page 22 of 30

showing locations with potential utility conflicts. Formal let ter shall be per template Utility Notification Letter B included at the end of Exhibit 1. The Consultant shall coordinate and communicate directly with each utility company a nd document utility coordination. Copies of utility coordination logs, diary, and all documents shall be provided to the City.

The City will not print Utility Notification Letters on City le tterhead for the Consultant nor will the City intercede on the Consultant’s behalf to reduce/eliminate costs associated with utility research/coordination. The Consu ltant shall include all costs for Utility research/coordination in the lump sum not to exceed cost, complete.

Design of, non-City owned, utility relocations are not included in this scope of services.

Potholing information shall be submitted to the City after comp letion of this task. If an area of possible conflict was not potholed, the Consultant shal l pothole the area to verify the conflicts at no additional cost to the City. The Consultant shall depict existing utilities on plans for any necessary utility relocation.

The City will be allowed two weeks to review 60% design package and provide comments.

Following the submittal and the 60% review, Consultant will arrange to meet with the City to discuss the design comments. The City will provide Consulta nt with one non- conflicting set of redline mark-up plans.

5.1.3 Final Plans (90%)
Based on the 60% comments, the Consultant will bring the 60% pr eliminary design documents to a 90% level of design. The 90% design documents w ill include 90% plans, 9 0 % e s t i m a t e s a n d d r a f t s p e c i f ications. The plans will include necessary horizontal control in addition to vertical grades to layout the design ele ments, including detailed grades at curb returns and profiles of existing or proposed utilities and sufficient details to construct the design elements.

Prior to the 90% submittal, the Consultant shall verify quality assurance of the horizontal and vertical control of the proposed layout to verify that the design is accurate with respect to City design standards, roundabout geometric layouts, final EIR and Master Plan,and that no unsafe design changes are pro posed, and construction integri ty of the design is maintained.

The City will be allowed two weeks to review 90% design package and provide comments.

Following the 90% submittal and City review, the Consultant will arrange to meet with the City to discuss the design comments. The City will provide the Consultant with one non- conflicting set of redline mark-up plans.

5.1.4 Final Plans (100%) Signed for Bid
Based on the 90% comments, the Consultant will bring the design documents to a 100% level of design with all agency comments addressed and signed f or inclusion in the City’s Bid Package. The 100% design documents will include 100% plans , 100% estimates and final specifications.

The Consultant shall send the utility companies formal notification with copies of the 100% signed plans. Formal letter shall be per template Utility Noti fication Letter C included at the end of Exhibit 1.

The City will not print Utility Notification Letters on City le tterhead for the Consultant nor will the City intercede on the Consultant’s behalf to reduce/eliminate costs associated with utility research/coordination. The Consu ltant shall include all costs for Utility research/coordination in the lump sum not to exceed cost, complete.

5.2 Specifications
The City shall prepare the main body of the specifications (boiler plate); specifications expected from the Consultant shall be limited to details, cut sheets and written specifications beyond those provided in the Green Book. Draft specifications shall b e provided with plan submittals as noted in Task 5.1.

5.3 Cost Estimate
The Consultant shall compile and prepare the Cost Estimate based on all biddable construction items identified in the design package and consistent with the latest City bid forms. The estimated quantities shall be arranged and grouped as agreed with the City Project Manager.

Computations showing estimated quantities and costs for each lo cation of work, as well as the sum totals, shall be submitted to the City. Cost Estimates sha ll be provided with plan submittals as noted in Task 5.1. Quantities and costs shall be updated and in agreement with each plan submittal.

5.4 Submittal Requirements
The Consultant shall submit PS&E for City review as noted in Ta sk 5.1. Submittals shall be electronic PDF format and shall include previous check prints.

The design drawings should be as complete, accurate, and error- free as possible prior to submittal. Likewise, for Reports, Special Provisions, Cost Est imates, etc.

The Consultant shall, at no additional cost to the City, correct errors, omissions, and unworkable and/or improper design/drafting on the original drawings subseq uent to the completion of the plan checking process.

Reports, Plans, Specifications, and Estimate shall be in Englis h units and must conform to Caltrans, Federal, City, and Count y standards, regulations, pol icies, procedures, manuals, and practices. The Consultant shall provide clear, concise, and co mplete plans, specifications and cost estimates. The Consultant shall include other details that are of benefit to and/or requested by the City, such as details of private improvements to be cons tructed, reconstructed, or relocated, consisting of driveways, landscaping, irrigation, fences, etc.

All drawings shall be prepared in AutoCAD per City Standards an d deliverables shall be in accordance with the City’s CAD Deliverables Standard.

TASK 6 RIGHT OF WAY (ROW) ACQUISITION
Consultant shall provide Right of Way (ROW) Engineering and Acq uisition Services in accordance all applicable local and State Regulations. ROW ser vices include but are not limited to project management of ROW Engineering and ROW acquisitions; prepare list of parcels that will require partial property acquisitions; preliminary title reports and investigations; analysis and determination of Minimum Value Estimates (MVEs); appraisal report and appraisal reviews, negotiations; escrow/title clear ance, and preparation of right of way engineering documents including legal descriptions and plats/exhibits.

Appraisal consultants must have training and experience in appraisal work; acquisition consultants must have a valid California Real Estate Brokers License or Sal es License and work for a Real Estate Broker with a valid license; relocation consultants must have training and experience in relocation work under the Uniform Relocation Assistance and Real Property Acquisition Policies Act.

The Consultant will take the lead in ROW acquisitions and shall identify APNs for areas where ROW acquisition is needed and where temporary access/ temporary construction easements are needed and provide:
 lists of APNs with 30%, 60%, 90% and 100% submittals
 prepare acquisition documents (Road Deeds, ROW Agreement Exhibits, etc.) A preliminary list of parcels is attached based on the initial review by the team. The following 15 parcels are assumed as the initial list of parcels that provides the basis of our understanding of the number and types of parcels requiring right of way services.

APN#’s 3123-001-062, 3123-004-045, 3123-003-094, 3123-003-099, 3123-003-100, 3123-003- 101, 3123-003-102, 3123-004-024, 3123-004-037, 3123-004-038, 3123-004-040, 3123-004-046, 3123-004-047, 3123-016-004, 3123-016-005.

6.1 Project Management
The Consultant shall maintain ongoing general consultation and project coordination with the Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 1, Page 25 of 30

City and make the City aware of any additional services and/or documentation required by state regulation, outside this scope, identified during the term of this contract.

6.2 Prepare Right of Way Engineering Documents
The city has identified a list of parcels with potential right of way acquisitions in the original Application. The Consultant s hall verify through latest County maps and Title records that the APNs listed are accurate and up to date in terms of Right of Way acquisition needed to construct proposed improvements and where temporary access/ tem porary construction easements are needed.

Right of Way Engineering begins with the collection of information necessary to determine the location of boundary lines and property rights. It continues t hrough preparation of maps, documents and legal descriptions to the ROW functions. The Con sultant shall prepare and provide road easement documents including cover sheet, legal description and plat, stamped and signed by the Consultant Land Surveyor, and shall make any corr ections required during negotiations and/or provide additional supporting ROW documents as needed.

A total of 15 plats and legal descriptions is assumed for this scope of work.

The City will be allowed two weeks to review easement package a nd provide comments up to two (2) times.

6.3 Preliminary Title Report and Investigations
For each property, the Consultant shall:
a. secure vesting deeds, back up do cuments, property profiles, and tax maps for each property;
b. secure preliminary title report which will remain valid for a m inimum of 6 months or until there is an ownership change;
c. secure copies of recorded back-up documents, as needed; d. share title information, as needed;
e. prepare list of title exceptions to be cleared; confirm manner of disposition is consistent with approved project plan; and
f. facilitate changes to preliminary title report after the prepar ation of the legal description, if necessary for partial acquisition.

A total of 15 Preliminary Title Reports are assumed.

6.4 Minimum Value Estimate (MVE)
Due to the expected low valuation (<$10,000) of the land needed for the project, the Consultant shall prepare a waiver valuation or minimum value estimate (MVE) pursuant to Code of Federal Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 1, Page 26 of 30

Regulations Section 24.102(c)(2) wh erein an appraisal and appra isal review are not required.

If the MVE appears to be exceeding the $10,000 threshold, an ap praisal report and appraisal review will be required and an additional authorization request for the appraisal and appraisal review will be submitted. Additional work shall not be perform ed without the written authorization from the City of Lancaster.

Consultant will mail a notification letter and acquisition policies brochure to the property owner requesting permission to conduct an on-site inspection of the p roperty, advising them of their right to accompany the Valuation Analyst at the time of the ins pection, and requesting information regarding the property appraised which could influence the appraised value.

The consultant’s valuation analyst will review title informatio n pertaining to respective ownership and will review drawings and other pertinent information relative to the parcel. The valuation analyst will inspect the property personally with the owner (if possible) and document the inspection with photographs for use in the report. The val uation analyst will perform market research to support the selected appraisal methodologies.

6.5 Negotiations with Property Owner(s)
The Consultant shall establish and maintain a complete and current record file in an acceptable format.

The Consultant shall receive and analyze title information and legal description in sufficient detail to negotiate with the prope rty owner and other parties; prepare offer letter, summary statement, and list of compensable items in accordance with state or federal regulations and the approval of the City; present written purchase offer to owner o r their representative in person, when possible; and secure receipt of delivery of offer as practical and present and secure tenant information statements, as applicable.

The Consultant shall follow-up and negotiate with property owne r, as necessary; prepare and submit recommended settlement justification to City for review and approval; review any independent appraisal secured by property owner; and coordinate reimbursement of appraisal fees (up to $5,000) with the City. Ongoing negotiations and se ttlement discussions will continue after the initial offer or until we reach settlement or impasse, as dictated by the overall Project Schedule. The Consultant shall provide final recommend ation for just compensation with supporting backup/analysis and the City will review and ap prove prior to final offer to Owner.

The Consultant shall prepare and assemble acquisition contracts and related acquisition documents required for the acqui sition of all ne cessary propert y interests; maintain a diary report of all contacts made with p roperty owner or representative and a summary of the status of negotiations indicating attitude of owner, problem areas, an d other pertinent information.

Copies of all applicable written correspondence will be maintained in files.

The Consultant shall prepare an impasse letter where, after dil igent attempts to settle by negotiation, it appears eminent domain will be needed or prudent to acquire the needed interest.

Litigation support: in the event an acquisition is unable to be settled via voluntary means, the negotiations staff will provide a condemnation-ready case file, all relevant negotiations history, and meet with client as needed to provide relevant acquisition content.

The Consultant shall transmit executed/recorded acquisition doc uments to the City. Each transmittal package shall include a fully executed and properly notarized deed(s), fully executed acquisition contract with attachments, and a brief settlement m emorandum which summarizes the pertinent data relative to the transaction.

6.6 Escrow/Title Clearance
The Consultant shall assist the escrow/title company in the following:
a. Open escrow and coordinate execution of closing instructions providing for title insurance coverage at the settlement amount.
b. Provide escrow officer with fully executed acquisition contract and notarized deed. c. Work in conjunction with escrow officer to facilitate the clearance of title matters as set forth in the settlement memorandum and escrow instructions. d. Assist escrow to secure full or partial reconveyance or subordination instruments from lien holders of record.
e. Review settlement statement for accuracy.
f. Coordinate deposit of acquisition price and estimated closing costs with escrow. g. After the closing, review the title insurance policy for accuracy. h. Prepare and mail a letter to County Assessor requesting cancellation of taxes if appropriate.

6.7 Obtain Dedication
The Consultant shall establish and maintain a complete and current record file in an acceptable format.

The Consultant shall establish personal contact with property owner to present details of project to secure dedication of minimum required right of way pursuant to 1997 Development Agreement and establish clear communication channels with the property owner.

The Consultant shall maintain a communication log and maintain a diary report of all contacts made with property owner or representative and a summary of the status.

The Consultant shall transmit ex ecuted/recorded acquisition doc ument to the City. Each transmittal package shall include a fully executed and properly notarized deed(s), and a brief settlement memorandum which summarizes the pertinent data relative to the transaction. It is anticipated that the settlement memo will simply state that the dedication was obtained in accordance with the 1997 Development Agreement and no additiona l compensation was requested/provided.

TASK 7 DELIVERABLES
Consultant shall provide to the City deliverables in hardcopy a nd electronic format for all phases shown below and as detailed in t he Capital Program Division’s Standards for CAD Deliverables, WORD (Specifications) and EXCEL (Estimate) files. Provide hard copies in numbers as stated.

Cost of the following deliverables shall include reimbursable c osts including but not limited to shipping, supplies, etc.:

7.1 Project Administration and Management
a. PDF of Work Plan
b. PDF and MICROSOFT PROJECT PROFESSIONAL FOR GANTT CHART of Detailed Critical Path Project Schedule
c. PDF of Kick-off Meeting (1) (Agenda and Minutes)
d. PDF of Progress Meetings (10) (Agenda and Minutes for 30%, 60% and 90%) e. PDF of Progress Meetings (1) (100% PS&E’s Bid Set and closing items) f. PDF of all Utility Contact Logs, Utility Meetings, Coordination Calls/Emails, and Correspondence
g. PDF and WORD file of Notification Letter(s) A
h. PDF of Permit Documentation/Correspondence/Notices

7.2 Research
a. PDF of all record maps not issued by City (street, storm, sewer, electrical, etc.) b. PDF of all Utility atlas/utility record maps issued through Letter A, B & C process c. PDF of all of survey records, tie sheets, field books, monument records, etc. (not provided by City)
d. PDF of boundary and ROW maps obtained
e. PDF of all record maps, vesting deeds and Assessor Parcel infor mation (not provided by City)
f. PDF of all incidental research documents (not provided by City)

7.3 Design Engineering and Surveys
Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 1, Page 29 of 30

a. PDF plot of the topographic mapping/survey control signed and sealed by a California Licensed Land Surveyor. If the survey and mapping work are mor e than two (2) sheets, then one (1) electronic copy per the Standards for CAD Deliverable in Appendix I is acceptable.
b. Consultant shall provide to the City deliverables in hardcopy a nd electronic format as detailed in the Capital Program Divisions Standards for CAD Deliverables c. A USB flash drive containing digital photos taken during the field survey d. PDF of all maps/exhibits/data obtained during the course of the survey e. Excel file and PDF of list of APN’s and identification of areas where ROW acquisition will be needed.
f. A USB flash drive containing copies of all survey records from tie sheets, field books and monumentation recovery notes not issued by City (if recording of monumentation was required during the course of the fieldwork).
g. PDF of all geotechnical documents, reports, field samples, photos and correspondences h. PDF of all potholing documents, reports, photos and correspondences i. Geometric Layout Traffic Analysis Report
j. Electronic design file (AutoCAD 2010) containing the Geometric Layout tasks described herein such as the hor izontal design (curbs and strip ing) with typical notes and layers identifying the critical design parameters and truck templates as well as the placements and recommendation notes on the signing, striping, l ighting, CID grading, landscaping parameters, circulatory cross slopes, and other tasks noted. k. Geometric Layout Supplementary Signing Report containing additi onal design information and placement of the recommended signing for this project. l. Geometric Layout Supplementary L andscaping Report containing ad ditional information and placement of the recommended landscaping parame t e r s f o r t h i s project.
m. Geometric Layout QA/QC review notes, as warranted, by the review and assistance to City of PS&E documents.

7.4 Scoping of Improvements
a. PDF of pre-design layout

7.5 Engineering Plans, Specifications, and Estimates
a. 30% Plans (demolition, street layout, plan and profile, storm d rainage, water system, electrical and street lighting, electrical and traffic signal modification, landscaping and irrigation, preliminary striping/ signing/marking and any prelim inary construction details) – (4-hard copies)
b. Conceptual streetscape sketches , material samples, example phot os and other illustrative exhibits
c. 60% Plans and Estimates (P&E’s) – (4-hard copies)
Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 1, Page 30 of 30

d. 90% PS&E’s (4-hard copies)
e. PS&E’s Final Bid Set (100%) – stamped and signed (4-hard copie s) f. Consultant shall provide to the City deliverables in hardcopy and electronic format for all items a. through e. described above.
g. PDF of all Utility Contact Logs, Utility Meetings, Coordination Calls/Emails, and Correspondence
h. PDF and WORD file of Notification Letter(s) (B and C)

7.6 ROW Acquisition
a. ROW Acquisition Plan Set (one electronic copy and 2-hard copies) b. Excel file and PDF list of APN’s and identification of areas wh ere ROW acquisition will be needed (for 60%, 90% and 100% phases).
c. A USB flash drive containing editable AutoCAD files of all legal descriptions, exhibits and road deeds.
d. PDF of all communication (correspondence, meeting minutes, telephone conversation records, etc.)
e. Preliminary Title Report for each property
f. List of title exceptions to be cleared
g. Draft Road Easement Documents for each acquisition. Cost shall include reimbursable costs including but not limited to shipping, supplies, etc. h. Copies of all relevant investigation information and communicat ion (correspondence, meeting minutes, telephone conversation records, etc.)
i. Minimum Value Estimate Report(s) including backup/supporting do cumentation, photos, etc.
j. Copies of all MVE communication (notices, correspondence, meeti ng minutes, telephone conversation records, etc.)
k. Copies of all escrow/title clearance communication (correspondence, meeting minutes, telephone conversation records, etc.)
l. Clear Title
m. Copies of all negotiation communication logs and diary reports documenting negotiations
n. Copies of all negotiation comm unication (notices, correspondenc e, meeting minutes, telephone conversation records, etc.) with Owner
o. Clear Title for each property
p. Original Recorded Easem
ent Document
LACMTA 2015 Call for Projects

Project Funding Application and
Project Study Report Equivalent (PSRE)
REMINDER: A complete application for an RSTI project consists of two hard copies of Parts I, II, and III of the application, along with a CD -R or DVD of the electronic files plus an e- version of the PSR/PDS or PSRE, if required. Please complete the following sections of the online application to ensure that the full application is created.

 Overview
 Part I – General Information
 Part I – Project Readiness
 Part I – Impact Checklist
 Part II – Project Financial Expenses
 Part II – Project Funding Sources
 Part II – Project Financial Summary
 Part III – General Information
 Part III – 1-A
 Part III – 1-B
 Part III – 2
 Part III – 3-A
 Part III – 3-B
 Part III – 4
 Part III – 5
 Part III – 6

In addition, please be sure to include all necessary maps, tables, figures, and the following signature pages with the full application package:

 Project Study Report Equivalent or Project Study Report/Project Development Support if required (digital format)
 Part III – Supporting documentation (Regional Significance and Intermodal Integration), if applicable (digital or paper)  Part III – Right-of-Way Appraisal Report, if required  Pavement Management System rating, if required (3R projects) Los Angeles County Metropolitan Transportation Authority 2015 Call for Projects

PROJECT FUNDING APPLICATION
MTA Use Only
Project # ___________
Mode: ______________
Area: _______________
NOTE TO APPLICANT: Each individual project must be submitted as one application. A complete application package, comprised of Parts I, II, and III (general, financial, and modal applications ), along with the appropriate documents, as well as a CD -R or DVD of each application, must be submitted by the application submittal deadline of January 16, 2015. An e -version of the PSR /PDS should be included on the CD -R or DVD; paper copies are no longer allowed. Do not submit spiral or machine -bound applications . Project Study Reports/Project Development Support (PSR/PDS) or a Project Study Report Equivalent (PSRE) (whichever is applicable ), plans, brochures, or other literature will not be accepted in lieu of a completed Metro application All questions must be answered.

Prior to filling out this application, be sure to review the Call for Projects “New and Important Program Requirements” found on page 7 of this Application Package.

PART I - GENERAL PROJECT INFORMATION
PROJECT TITLE (Do not exceed 60 characters, including spaces - for use on all MTA summary listings):1.

2. PROJECT APPLICANT:

Lead Agency

CITY OF LANCASTER
44933 FERN AVENUE
LANCASTER, CA 93534
Contact Person Name* & Title:

Phone #:661 945-6860 and Fax #:661 723-6221
e-mail: [email protected]
* Please note that the designated “Contact Person” is the only contact point for all Call for Projects communications from MTA. All MTA correspondence, questions, inquiries soliciting clarification of information contained in applications, etc., will be directed to the identified contact person. Therefore, if the above designated contact person no longer functions in this capacity (i.e., vacation, illness, etc.), it is the responsibility of the project applicant to contact both the modal lead and overall leads (see page 24) with the newly designated person who will function as the liaison between MTA and the Project Applicant.MTA is not responsible for being unable to reach the designated “contact person”.

MEDICAL MAIN STREET
Raymond M. Hunt, Capital Program Manager

(continued on next page) version:January 30, 2015
2 3. MODAL CATEGORY (select ONE only and include Part III of application beginning on page indicated):

Goods Movement Improvements
Signal Synchronization & Bus Speed Improvements
Transportation Demand Management
Bicycle Improvements
Transit Capital
Pedestrian Improvements
Transportation Enhancement Activities
If this application is part of a multi -modal application, and separate applications are being submitted in other modal categories, please indicate below by checking which mode(s).

Regional Surface Transportation Improvements
Signal Synchronization & Bus Speed Improvements
Transportation Demand Management
Bicycle Improvements
Pedestrian Improvements
Transit Capital
Transportation Enhancement Activities
Priority No.

Priority No.

Priority No.
of
of
of
of
of
of
of
Regional Surface Transportation Improvements Priority No. 1 of Goods Movment Improvements

PROJECT DESCRIPTION SUMMARY (Do not exceed 180 characters, including spaces - for use on all MTA agenda items and reports):

Construct 2 miles of new complete streets to alleviate burden to existing arterial network, whilst providing necessary access to existing and proposed medical facilities.

4. Project limits are within the City of Lancaster near the Antelope Valley Hospital and surrounding area. The project area is bounded by 13th Street West to the east, Avenue J to the north, 20th Street West to the west, and the Antelope Valley Freeway (SR-14) and Avenue J-8 to the south.

The proposed improvements will improve service to the region that serves the Antelope Valley Hospital.

The limits of this service region extend from Rosamond (Kern County) to the north; Acton to the south; Lake Los Angeles to the east; and, Lake Hughes to the west. This region supports more than 500,000 people.

PROJECT LOCATION & LIMITS OR SERVICE AREA5.
(continued on next page) version:January 30, 2015
TOTAL PROJECT EXPENSES:
(From Part II, Line 18 - In FY 2014-15 whole dollars)

6. 7. TOTAL FUNDING REQUEST:
(From Part II, Line 35 - In FY 2014-15 whole dollars)
PROGRAMMING QUESTIONS:8.

Has this project or any component of it previously received funding from previous MTA Calls for Projects (CFP)?
If yes
Has this project or any component of it previously received any federal funds? If yes, what type of federal funds was received?
Is the project in the Federal Transportation Improvement Program (FTIP)? If yes, what is the FTIP ID #? LA0G928 (portion)
No
No
Yes
$6000000.00
$14733364.00
If full Metro requested funding is not available, would your jurisdiction be amendable to reduced funds?
Yes
What is the CFP ID#:

How much funding was awarded?
in which years was funding awarded?

0.00 PROJECT READINESS9.

As indicated under the Program Requirements, “Project Readiness” will be a factor in determining whether a project application continues through the MTA Call for Projects evaluation process. It is important that applicants provide accurate and complete information in this section. Should a project applicant be awarded funds in the 2015 Call for Projects, applicants should carefully evaluate project readiness prior to applying in the Call as it could jeopardize funding.

Provide any evidence that project funding will result in a timely completion including the following information:
• Describe how the schedule provided is realistic to enable project completion based on the years funding is requested in the Part II Project Financial Plan of this application, and is consistent with the above schedule and Metro’s or the State/Federal Lapsing Policies (See Appendix C).

The principal factors enabling the project schedule to be met is availability and commitment of local funding contributions in the years indicated in the Project Financial Plan. Additionally, the project has already been presented to and approved by the City Council, including a partnership with the Antelope Valley Hospital for future development and expansion of medical facilities in the City of Lancaster. The City's financial readiness will allow the project to move forward in a manner consistent with the requirements of Metro, the State of California, and Federal Lapsing Policies. This project schedule is consistent with schedules for similar projects within the area and previously undertaken by the City of Lancaster. The City of Lancaster has the resources and staff to meet the requirements set forth in the policies and will ensure that all deadlines are met in order to complete this project. The City's 50% match will be committed upon award of the grant. · List all owners of the right -of-way where the project is to be constructed. Are there any future plans that might affect the project? Have the owners been contacted? If so, are they willing to sell the property? The surrounding arterial streets to receive 3R and complete street improvements are owned and operated by the City of Lancaster. The list of the impacted APNs is referenced below. Future plans will be in line with the land use categories contained in the City's General Plan and have been factored into the Medical Main Street Project. The City owns several parcels within the project area. In addition, Antelope Valley Hospital owns several parcels within the project area and is an active partner in the project. This reduces the number of required right -of-way parcels to be acquired which in turn reduces the schedule risk associated with the right -of-way acquisition. There are 15 parcels owned by others that will be impacted and partially acquired .

There are no future plans that might affect the implementation of this project. Additionally, the project has been presented to the City Council during a public meeting and was approved. (continued on next page) version:January 30, 2015
The project has been discussed with some owners and they are in favor of the project. No specifics have been discussed with individual land owners, however, since the project has not been environmentally cleared at this point.

A list of the impacted APNs that are not owned by the City or Antelope Valley Hospital include:
3123-001-062 3123-001-068
3123-003-094 3123-003-099
3123-003-100 3123-003-101
3123-003-102 3123-004-027
3123-004-037 3123-004-042
3123-004-045 3123-004-046
3123-004-047 3123-016-004
3123-016-005
What are the existing uses of the right-of-way?
The existing land uses of the right-of-way are health care, commercial, residential, undeveloped residential and undeveloped vacant.

Are there any future plans that might affect the project? No Have the owners been contacted? Yes
If so, are they willing to sell the property? Yes
• Does the project require the use of Metro -owned right -of-way? The project applicant is responsible for coordinating with Metro ’s Real Estate Department and ensuring consistency with Metro ’s Right -of-Way policy if the project is either adjacent to, or encroaches upon, Metro property or requires a license for its use from Metro. The cost of any alterations to the Metro right -of-way to make it usable for a project, including relocations or removal of existing structures, or meeting other Metro conditions for use of the property will be the responsibility of the project sponsor.

No
• Identify all other agencies or organizations that are active participants in this project. Indicate how their involvement is required in order to implement this project. List the names and phone numbers (if possible ) of representatives from these agencies. “Letters of support” should be included with the application package, not mailed separately to Metro’s CEO.

The City of Lancaster and the Antelope Valley Hospital are both active participants in this project .

This is a very strong combination because the City of Lancaster understands how to deliver transportation projects and build strong partnerships with private entities. The City is incorporating its experience from the BLVD project which is an award winning pedestrian-oriented mixed use plan in the downtown district of Lancaster that was executed with a combination of City and private entity efforts. AV Hospital thoroughly understands medical facility planning and has had success in partnering with organizations such as City of Hope (which currently has a facility within Medical Main Street) and USC. This combination will leverage the best of each organization in bringing Medical Main Street to reality.

Names and contact information for AV Hospital is shown below:

Antelope Valley Hospital
Contact: Dennis M. Fox, FACHE Chief Executive Officer
Phone: (661) 949-5533
The Antelope Valley Transit Authority is another participant that has expressed support for the project. See attached letter from AVTA. While not as active as AV Hospital in the project, AVTA plays a key role in expanding transit ridership with this project and remains committed to expanding their service lines through Medical Main Street. · Are there any adjacent jurisdictions, agencies, property owners, etc., who would be impacted by the proposed project?
YES
If yes, please list and describe outreach efforts, dates, participants and any results/issues that could impact the project’s schedule.
(continued on next page) version:January 30, 2015
The project will impact several properties. The City of Lancaster will be acquiring right -of-way for construction of the interior roadway network. A tentative list of the affected properties (APNs) is shown in the second bullet of this Section. A final list of all affected properties will be included within the Environmental Documents as the project proceeds. Discussions with property owners indicate that the project has support and is not likely to encounter resistance as it proceeds. It is not known whether condemnation will be necessary for the project at this point but based on early indications condemnation is not expected.

Future outreach efforts are planned and will include local organizations such as Antelope Valley Partners for Health, Antelope Valley College, AV Union High School District, and LA County Department of Public Health. The Medical Main Street project is a critical step in realizing the goal of adequate and efficient access and mobility in the region, and improved health and health care for the City of Lancaster and the greater region.

Will right-of-way condemnation be necessary? No
version:January 30, 2015

· Indicate the proposed project schedule below by filling in estimated (or already completed) dates for the project activities. Please indicate any milestones that are complete or in progress.

Activity Date
--------------------------------------------------------------------------------------------------------------Feasibility Study -------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------- Operation Plan
Start of Environmental Documentation
Community Meetings or Other Forums
(please list below)
7/1/2016
PROJECT READINESS continued on next page
--------------------------------------------------------------------------------------------------------------Project Study Report 1/16/2015 --------------------------------------------------------------------------------------------------------------Draft Environmental Document -------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------- Final Environmental Document
Governing Board Approval
(please provide name of governing board below)
12/29/2017
9/1/2018
11/1/2018
Lancaster City Council
-------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------- Begin Design Engineering
Completion of Plans, Specifications, and Estimates
Start of Right-of-Way-Acquisition
Right-of-Way Certification*
Utility Relocation
Start of Construction (Contract Award)
Project Completion
Other
12/1/2018
3/1/2020
6/1/2019
5/1/2020
7/1/2020
10/1/2020
12/1/2021
--------------------------------------------------------------------------------------------------------------Ready to Advertise *The right-of-way phase is complicated so applicants should be realistic about the length of time. 5/1/2020
version:January 30, 2015

10. Impact Checklist
Recent federal and state policies call for the integration of pedestrian and bicycle plans and policies into transportation plans and project development. Walking and bicycling foster safer, more livable communities, promote physical activity and health, and reduce vehicle emissions. These policies are included in the U .S. Department of Transportation Policy Statement on Bicycle and Pedestrian Accommodation Regulations and Recommendations, Senate Bill 375, the Complete Streets Act of 2008, and continued in the new MAP -21 transportation authorization. The purpose of this checklist is to document how the needs of pedestrians and bicyclists were considered in the process of planning and/or designing the proposed project. For projects that do not accommodate bicyclists and pedestrians, the project applicant must document why not. All project applicants, except those applying under the TDM category, must complete Part I and II. Applicants applying for funds under the TDM category can skip Part I and II, but must complete Part III.

Part I. Existing Conditions
a. For existing pedestrian and bicycle facilities located within 1000 feet of the proposed improvements, please provide one of the following:
1) a map of existing pedestrian and bicycle system facilities; 2) a map combining existing pedestrian and bicycle system facilities with the proposed improvements 3) a list of pedestrian and bicycle facilities in table format.

If pedestrian and/or bicycle facilities do not currently exist, please indicate this and identify if accommodations for pedestrians and bicycles are planned.

Currently no designated bike lane exists along West Avenue J, 20th Street West, 15th Street West, Lowtree Avenue, and 13th Street West within the project limits. Also, there are pedestrian sidewalk gaps along West Avenue J in the westbound direction, 15th Street West in the northbound direction, Lowtree Avenue in the southbound direction and 13th Street West in the southbound direction.

The proposed improvements will provide shared bike lanes and sidewalks in both directions. It will also close the gaps that currently exist within the existing sidewalks. Curb extensions are planned for at the pedestrian crossings within the project limits to enhance pedestrian safety and encourage mobility. The new interior street network will provide for additional complete streets, equipped with both bike and pedestrian facilities, transit stops with bike accommodations, and a jogging trail extending through the project area.

B. Please indicate any particular pedestrian uses or needs along the project corridor.

Check all that apply:

School children/schools
Nighttime pedestrian activity (e.g., sidewalk use or roadway crossings) Mid-block crossings
Path used by elderly pedestrians
Path used by disabled pedestrians
Other. Please Explain
version:January 30, 2015
Presently there are independent medical buildings and other facilities sharing space that are not connected by streets or sidewalks. This limits access between the existing facilities for pedestrians and bicycles which results in people driving from one facility to the other. A connected sidewalk network will reduce the need to drive within the project area and encourage people to walk or use transit through an efficient and easy means of reaching existing and new transit stops. Additionally, the new internal complete street network will provide connectivity from residential neighborhoods to medical facilities and large commercial and retail shopping centers.

Sunnydale Elementary School exists in the southeast portion of the project area. Sidewalks do not exist on some streets which limits pedestrian access to this school. The proposed project would also provide sidewalks and connect the school to other uses within the project area, including residential. Another example is access from the Antelope Valley Hospital to the City of Hope center - currently these high use facilities are not connected by a accessible sidewalk however the proposed project will connect these facilities with a sidewalk that will pass through a proposed Healing Garden and connect to other pedestrian facilities.

Other features include mid-block crossings that currently exist at various locations and would be mitigated with bulb-outs at the crossings.

All proposed sidewalks will include curb ramps that meet ADA standards. In addition, signal crossings will account for elderly pedestrians with enhanced crossing times and additional signage near mid-block crossings to increase safety and awareness for elderly community members.

Roundabouts are proposed at five intersections within the project area. The roundabouts will accommodate pedestrian and bicycle access across the intersections. Roundabouts reduce the severity of accidents, particularly T-bone accidents, which is one their advantages. Increased operational efficiency is another benefit of roundabouts utilizing yield control rather than time phases.

Lastly, the integrated sidewalk network follows the First/Last Mile Strategy of encouraging transit use by providing easy access to existing and new bus stops within and bordering the project area. version:January 30, 2015
Medical Main Street Project
Application
Existing
Pedestrian and Bicycle Facilities
w/in 1,000 feet of Project Area
Part I - RSTI
Existing Conditions
At From To Pedestrian
Facilities
Bicycle
Facilities
21st Street West 20th Street West EB & WB EB & WB
20th Street West 15 Street West EB & WB EB & WB
15th Street West 13th Street West EB EB & WB
13th Street West 12th Street West EB & WB EB & WB
12th Street West 10th Street West WB -
NB SR-14 On Ramp 20th Street West EB & WB -
20th Street West Kingtree Avenue EB & WB -
13th Street West 12th Street West EB -
12th Street West 10th Street West - -
Holly St West Avenue J-8 NB -
West Avenue J-8 West Avenue J NB & SB -
W Newgrove Ave West Avenue J NB & SB -
17th Street West West Avenue J Norberry St SB -
Flood Channel West Avenue J-8 NB & SB -
West Avenue J-8 West Avenue J-5 SB -
West Avenue J-5 West Avenue J NB & SB -
West Avenue J Norberry St NB & SB -
13th Street West West Avenue J-8 West Avenue J-5 NB -
West Avenue J-2 West Avenue J NB -
West Avenue J Norberry St - -
West Avenue J-11 West Avenue J-5 NB & SB -
West Avenue J-5 West Avenue J-4 NB -
Lowtree Avenue
West Avenue J-5
12th Street West
West Avenue J-8
West Avenue J
20th Street West
15th Street West
C. What existing conditions could the proposed project improve for pedestrian and bicycle travel in the vicinity of the proposed project? Check all that apply:

Signal cycles non-compliant with MUTCD
standards
Infrequent opportunities for pedestrians to
cross roadways
Wide roadway crossings
Sidewalk obstruction
Lack of adequate sidewalk path of travel for
current and projected pedestrian volumes
Missing sidewalk
Existing bicycle or pedestrian routes that
require significant out-of-direction travel
Traffic signals that are unresponsive to
bicycles
Freeway on- and off-ramps
Narrow curb lanes
Choke points
Free right turns for vehicles (which can
discourage drivers from observing
Not compliant with ADA Accessibility
Guidelines for Building and Facilities
Lack of bicycle racks on buses (for bus
replacement projects)
Lack of secure bicycle parking
Gaps in bicycle facilities
Lack of pedestrian-level lighting
Railroad crossings
Other. Please Explain:

Sidewalks and bike lanes: As discussed earlier, the project limits lack adequate sidewalks and bicycle lanes which would otherwise allow for walking and bicycling as viable modes of transportation. With all the nearby services, this project will resolve the deficiencies in sidewalks and bicycle lanes and provide First/Last Mile benefits with improved access to bus stops. In addition, the improved pedestrian and bicycle network will reduce vehicle trips through use of the alternate modes described above.

Roadway Deficiencies: Along 17th Street West within the project limits there are connection gaps. These connection gaps limit the public access to the existing services. The proposed project will provide direct street access not only to pedestrians but also to bicyclists and vehicles as well. A proposed signal at Avenue J/17th Street West will provide pedestrians and cyclists with increased opportunities to cross.

Street improvements will be made along 15th Street that will allow for bicycle access in both directions of travel. Currently there are no bike routes through the hospital area so cyclists are forced to travel around the site. Additional improvements will be made within the project limits that will transform the interior street network into one that will be both pedestrian and bicycle friendly and will provide much improved access to emergency vehicles and citizens alike.

Truck and pedestrian/bicycle conflicts Previously synchronized/coordinated route Corridor equipped with advanced/adaptive Traffic Management D. Is the transit dependent community being served? Yes version:January 30, 2015
Part II The Project
A. Does this project correct any of the following conditions to create an incentive for pedestrian and bicycle travel? Check all that apply:

Pedestrian Facilities Bicycle Facilities
Add sidewalks on both sides of the street
Add missing curb ramps
Reduce pedestrian crossing distance
Pedestrian signal heads
Pedestrian-actuated traffic signals or
automatic pedestrian cycles
High visibility crosswalks
Illumination at crosswalks
Other crosswalk enhancements
Pedestrian-level lighting
Median safety islands
Shade trees
Landscaping
Benches or other types of seating
Planter or buffer strips
Wayfinding signage
Other pedestrian facilities. Please explain
below:

Class I bicycle path
Class II bicycle path
Class III bicycle path
Bicycle Boulevard
Wide outside lanes or improved shoulders
Bicycle actuation at signals (i.e., loop
detectors and stencil or other means)
Signs, signals and pavement markings
specifically related to bicycle operation on
roadways or shared-use facilities
Long-term bicyle parking (e.g., for
commuters and residents)
Short-term bicycle parking
Other bicycle facilities. Please explain
below:

Throughout the project site, sidewalks will
be added to finish the incomplete system of
sidewalks that currently exists. Street
improvements include, road diet, addition of
medians at specified locations and on street
parking at specified locations as well. Shade
trees will be included along the landscaped
parkways and benches will be located within
the project areas to provide rest areas for
pedestrians. Sidewalks will also pass
through a proposed Healing Garden. A
jogging path is planned along 17th Street
West which will increase recreational and
exercise options within the area. Curb
bulb-outs are proposed to reduce the street
crossing distance for pedestrians and
increase safety.

Bike lanes in both directions of travel will be added to the exterior roads around the project area including
15th Street West, Avenue J, and Avenue J-8. Shared
bike lanes, sharrows, will be incorporated throughout
the project limits to open access to bicyclists where
none exists. Existing signals will be modified to
include bicycle detection technology. Short term
bicycle parking will be provided at Antelope Valley
Hospital, other facilities, and transit stops in order to integrate bicycle usage more fully into the project
area.

Corridor will be updated and synchronized
Accomodates/mitigates goods movement
delivery
Improved/increased pedestrian and
auto/truck separation
version:January 30, 2015
B. Will the proposed project sever or remove all or part of an existing pedestrian or bicycle facility or block or hinder pedestrian or bicycle movement? If yes, please describe situation in detail and provide evidence of public notification about the impacts to the bicycle and /or pedestrian facility.Was the facility funded through a prior MTA Call for Projects? If yes, please provide the modal category that funded the initial project, year of application, and year constructed. Please indicate if bicycle and pedestrian facilities are not available in the project area.

This project will not sever or remove existing pedestrian or bicycle facilities or hinder the movement of such activities.

C. If the proposed project does not improve both bicycle and pedestrian facilities, or if the proposed project would hinder bicycle or pedestrian travel (for a Goods Movement project, only address if the proposed project would hinder bicycle or pedestrian travel):
i. List reasons why the project is being proposed as designed without considering these modes Both pedestrian and bicycle modes are included in this project. ii. Describe any alternatives that would improve, avoid or mitigate the adverse impact to pedestrian and bicycle travel and why they are not being proposed.Identify the mitigations that are proposed to ensure a net improvement in the system.

Improvements to both modes are included with this project.

D. Will the proposed project hinder or reduce the effectiveness of public transit? If yes, please describe the situation in more detail and identify the mitigations proposed to alleviate the impact.

This project will not hinder or reduce the effectiveness of public transit. version:January 30, 2015
This part should be completed only by applicants who are applying for funding under the TDM modal category.

A. Please indicate how this proposed project will accommodate other non-motorized modes. How will it improve multi-mobility?
Part III. Transportation Demand Management
B. Please describe the community that will benefit from this project. How does this proposed project improve the connectivity of transit in the area where the proposed project is located? C. What existing travel condition(s) will this proposed project improve or impact? How? Check all that apply and explain using the space below:

Reduces total traffic congestion
Reduces peak period traffic
Shifts peak to off-peak periods
Shifts automobile travel to alternative mode
Improves access to alternative modes
Reduces the need for travel
Increases ridesharing
Increases public transit usage
Increases cycling
Increases walking
Reduces freight traffic congestion
Other. Please explain below:

Increases telework options
Reduces CHG
Improves the first/last mile solution
Reduces the need for travel
D. What improvements are included in the proposed project for other non-motorized modes? E. How will this proposed project create incentives for use of alternative modes and reduce traffic? Check all that apply and explain below:

Other. Please explain below:

Congestion reduction
Road and parking savings
Consumer savings
Transport choice
Pedestrian and bike access improvement
Efficient land use
Community livablity
F. What are the goals and objectives of the proposed project? version:January 30, 2015
G. How will you document the reduction of VMT for this proposed project? H. If this is a wayfinding proposed project, how will this proposed project improve transit options and increase the use of other non-motorized modes?
I. If this is a technology-based proposed project, how is the technology innovative? How does it maximize transit use and support integration of other existing systems? Wide roadway crossings
Infrequent opportunities for pedestrians to cross roadways Signal cycles non-compliant with MUTCD standards
Other
Previously synchronized/coordinated route
Gaps in bicycle facilities
Lack of secure bicycle parking
Lack of bicycle racks on buses (for bus replacement projects) Free right turns for vehicles (which can discourage drivers from observing pedestrian right-of-way)
Choke points
Narrow curb lanes
Freeway on- and off-ramps
Traffic signals that are unresponsive to bicycles
Existing bicycle or pedestrian routes that require significant out-of-direction travel Corridor equipped with advanced/adaptive traffic management Truck and pedestrian/bicycle conflicts
Railroad crossings
Lack of pedestrian-level lighting
Not compliant with ADA Accessibility Guidelines for Building and Facilities Lack of adequate sidewalk path of travel for current and projected pedestrian volumes Sidewalk obstruction
Missing sidewalk
Please explain:
version:January 30, 2015

FY
2017-18
FY
2016-17
FY
2019-20
Prior
Years
NOTE: INDICATE ALL AMOUNTS IN FY 2014-15 WHOLE DOLLARS. METRO WILL ESCALATE ACCORDINGLY

1. PROJECT FINANCIAL EXPENSES

MEDICAL MAIN STREET
Project Sponsor:

Project Title:
2015 CALL FOR PROJECTS

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY PART II: PROJECT FINANCIAL PLAN
TOTALPROJECT EXPENSES *
FY
2018-19
FY
2020-21

CITY OF LANCASTER

CAPITAL EXPENSES
1 $943,895$0 $188,779Design and PS&E $755,116 $0$0 $0
2 $810,920$0 $810,920Right-Of-Way Aquisition or Lease $0 $0$0 $0 3 $550,000$0 $550,000Utilities Relocation $0 $0$0 $0
4 $0$0 $0Equipment Purchase or Lease (e.g., computers) $0 $0$0 $0 5 $0$0 $0Vehicle Purchase or Lease $0 $0$0 $0
6 $11,248,681$0 $0Construction $0 $11,248,681$0 $0
7 $1,179,868$0 $0Construction Engineering $0 $1,179,868$0 $0

OPERATING EXPENSES
8 $0$0 $0Administration/Management $0 $0$0 $0
9 $0$0 $0Operating Costs $0 $0$0 $0
10 $0$0 $0Maintenance $0 $0$0 $0
11 $0$0 $0Marketing $0 $0$0 $0
OTHER (specify)
12 $0$0 $0$0 $0$0 $0
13 $0$0 $0$0 $0$0 $0
14 $0$0 $0$0 $0$0 $0
15 $0$0 $0$0 $0$0 $0
16 $0$0 $0$0 $0$0 $0
17 $0$0 $0$0 $0$0 $0
$0 $018 TOTAL PROJECT EXPENSES $14,733,364$0 $755,116 $1,549,699 $12,428,549

PLEASE INDICATE THE AMOUNT AND YEARS IF YOU WILL REQUIRE ADDITIONAL FUNDING IN LATER YEARS FOR T * List only expenses to be incurred in the completion of the Scope of Services of the project for which you are applying for funding. Expense categories are not applicable for all projects.

Project management/administration expenses are capped at a maximum of 10% of total project cost.

Years
Amount
0 0.00
FY
2020-21
FY
2019-20
FY
2018-19
FY
2017-18
FY
2016-17[OTHER THAN FUNDING REQUESTED
UNDER THIS CALL FOR PROJECTS]
Indicate if
Committed or
Uncommitted
NOTE: INDICATE ALL AMOUNTS IN FY 2014-15 WHOLE DOLLARS. METRO WILL ESCALATE ACCORDINGLY

2. PROJECT FUNDING SOURCES
2015 CALL FOR PROJECTS

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY PART II: PROJECT FINANCIAL PLAN
TOTAL
ALL EXISTING PROJECT FUNDING SOURCES* Prior
Years
$0 $0 19 FEDERAL MONETARY (Specify) - $0 $0 $0 $0$0
$0 $0 20 Local Match to Federal Monetary - $0 $0 $0 $0$0 $0 $0 21 FEDERAL MONETARY (Specify) - $0 $0 $0 $0$0
$0 $0 22 Local Match to Federal Monetary - $0 $0 $0 $0$0 $0 $0 23 STATE MONETARY (Specify) - $0 $0 $0 $0$0
$0 $0 24 Local Match to State Monetary - $0 $0 $0 $0$0 $0 $0 25 STATE MONETARY (specify) - $0 $0 $0 $0$0
$0 $0 26 Local Match to State Monetary - $0 $0 $0 $0$0 $0 $0 27 LOCAL MONETARY (Local Transportation Funds)** Uncommitted $0 $377,558 $774,850 $8,733,364$7,580,956 $0 $0 28 In-Kind (Specify) - $0 $0 $0 $0$0
$0 $0 29 OTHER (specify) - $0 $0 $0 $0$0
$0 $0 30 - $0 $0 $0 $0$0
$0 $0
31 TOTAL EXISTING FUNDING SOURCES AND LOCAL
MATCH
[OTHER THAN FUNDING REQUESTED UNDER THIS CALL FOR PROJECTS] $0 $377,558 $774,850 $8,733,364$7,580,956
* List only funding for expenses to be incurred in the completion of the Scope of Work of the project for which you are applying for funding.

Do not include funding obtained in previous Metro Call for Projects. Funding categories are not applicable for all projects. * Due to the federal toll credit program, local match is not needed for most federal fund sources at this time. However, toll credits cannot supplant, replace, or reduce the project sponsor's matching contribution. For more information, see toll credit discussion in the Important Program Requirements section of the application package FY
2020-21
FY
2019-20
FY
2018-19
FY
2017-18
NOTE: INDICATE ALL AMOUNTS IN FY 2014-15 WHOLE DOLLARS. METRO WILL ESCALATE ACCORDINGLY

3. PROJECT FINANCIAL SUMMARY
2015 CALL FOR PROJECTS

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY PART II: PROJECT FINANCIAL PLAN
TOTAL
FY
2016-17
PROJECT FINANCIAL SUMARY Prior
Years
$0 $0 $0 $755,116 $1,549,69932 Total Project Expenses (Line 18) $12,428,549 $14,733,364 $8,733,364$7,580,956$774,850$377,558$0$0$0[OTHER THAN FUNDING REQUESTED UNDER THIS CALL FOR PROJECTS]
Total Project Funding (Line 31)33
$0 $0 $377,558 $774,849 $4,847,593
34 Total Project Funding Shortfall
(Line 32 minus Line 33)
[There must be a shortfall for a project to be eligible for funding under this Call for Projects]

PROJECT FUNDING REQUEST

TOTAL PROJECT FUNDING REQUESTED

UNDER THIS CALL FOR PROJECTS
[THIS IS THE AMOUNT REQUIRED TO OFFSET THE SHORTFALL ON LINE 34 FOR WHICH FUNDING IS REQUESTED. DO NOT SPECIFY FUNDING 35 $0 $4,847,593$774,849$377,558$0 $6,000,000
$6,000,000

PART III – Regional Surface Transportation Improvements Description of Project:

The purpose of this project is to improve access to Antelope Valley Hospital and the surrounding Medical Main Street Planning area. The Antelope Valley (AV) Hospital currently serves a regional area that extends well beyond the city limits but access to this facility is currently limited to two streets.

Antelope Valley Hospital has the region’s only trauma center further increasing the importance of providing efficient access to the hospital. Other medical facilities also exist within the Medical Main Street Planning area and providing an efficient street network and mobility within the project area is critical.

The proposed infrastructure improvements are needed to expand street capacity within the project area and along its boundary, and to provide the needed access points into the project area. These improvements provide an integrated network for motorists, pedestrians, bicyclists, and transit riders.

The project includes new streets, intersection improvements, shared bike paths, sidewalks, jogging path, 3R improvements, Complete Streets features, and transit access amenities.

The Medical Main Street project area is bounded by 13th Street West on the east, Avenue J on the north, 20th Street West on the west, and SR-14 and Avenue J-8 on the south. New streets include 17th Street West, 13th Street West, Avenue J-3, Home Depot Southerly Street, plus several other minor streets.

The project participants include the AV Hospital and the City of Lancaster which is a strong combination.

The City of Lancaster is well versed in planning and delivering transportation projects; AV Hospital brings a deep knowledge of planning facilities which provides a complementary balance to the project.

PART III –
Rehabilitation, Reconstruction, Resurfacing (3R):

The 3R improvement limits are within the Medical Main Street project limits and specifically include Avenue J, 15th Street West, and Avenue J-8. The City has a pavement management program, and the average Pavement Condition Index (PCI) for the proposed streets are:

Street Name PCI
Avenue J 43
15th Street West 75
Avenue J-8 59
The 3R improvements are necessary to reduce impacts at tie-in locations where road diet features such as bulb-outs are placed along existing pavement. Rehabilitation is proposed to minimize deterioration and provide visibility for new striping which is needed to reconfigure lanes and incorporate bike lanes.

Excerpts from
City of Lancaster
Pavement Management Program
Field Street Name Report
1/29/2015
7:54:29AM
Avenue J - 15th Street West to 20th Street West
Street Name:

End 1 Name:

End 2 Name: Length: PCI:PCI Date:Pavement Type:Width:

Subsegment
Code:

Start Station:

End Station:

AVENUE J 17TH ST W
20TH ST W

44.0 Asphalt 1/1/2009743-1 0.00
37,146.00
1,326.64 29.27
AVENUE J 16TH ST W
17TH ST W

44.0 Asphalt 1/1/2009744-1 0.00
15,188.16
843.79 23.41
AVENUE J 15TH ST W
16TH ST W

44.0 Asphalt 1/1/2009745-1 0.00
5,794.34
482.86 31.54
Total Length: Feet
Miles 0.5
2,653.29

Page 1 ends

Lancaster City CouncilMarch 22, 2022

Lancaster City Council
March 22, 2022