The event sponsor is the entity determined by the city to be liable for protecting public health and safety of event participants (those who attend the event), of event operators (those who create and execute the event), and of all others affected by the actions of event participants and event operators.
A. The planning director shall review and approve requests for temporary alcohol sales through a director's review application.
B. Conditions for a director's review for a temporary sales:
1. The applicant shall obtain property owner's authorization.
2. The applicant shall obtain a business license and any other permits applicable for the event.
3. The applicant shall submit a site plan showing the event, location of parking area(s), lighting (if any), and areas that alcohol is to be sold.
4. The applicant shall have control over points of access to the location where alcoholic beverages are dispensed and consumed.
5. The applicant shall have control and containment of individuals who consume alcoholic beverages.
6. The county sheriff's department shall review the application to determine the number of deputies required for security of the event based on the type and size of the event.
7. All alcoholic beverage servers shall have in their possession proof of completing "responsible beverage service" training from the state ABC.
8. A temporary alcoholic beverage control license is required for the duration of this event. A copy of the temporary license is to be submitted to the planning director prior to the start of the event.
9. The applicant shall specify the hours of operation of the event and the hours of sale of alcoholic beverages.
10. The applicant shall provide liability insurance in the amount determined by the city attorney based on the size and type of the event naming the city as additionally insured.
11. The site shall be restored to the original condition. Site shall be free of debris, all trash receptacles removed, temporary fencing removed, and all disturbed asphalt shall be restored to the original condition. Disturbed landscape areas are also to be restored to the original condition. The applicant shall be financially responsible for any damage to the parking lot surface and landscape areas resulting from the event.
12. The planning director may require a cash deposit to ensure compliance with the conditions of approval.
13. The planning director may impose any additional conditions determined necessary to protect the public health, safety, and welfare.
C. Approval of a special event permit pursuant to Chapter 9.40 shall be deemed as compliance with the requirements of this section.
(Ord. No. 1015, § 1, 12-13-2016)
17.42.150 Violation, penalty, remedies.
A. Violations of this chapter shall constitute a misdemeanor and shall be punishable in the manner provided in Section 1.12.020A.
B. In addition to or in lieu of prosecution in a criminal action, the city attorney may initiate civil proceedings for the abatement, removal and enjoinment of any public nuisance as set forth in this chapter, in any manner provided by law, and shall take such other steps, and shall apply to such other court or courts as may have jurisdiction to grant such relief as will abate or remove such alcoholic beverage establishments, and restrain and enjoin any person from using property contrary to the provisions of this chapter.
C. In addition to or in lieu of any administrative, civil or criminal remedies set forth in this chapter, the administrative citation provisions of Section 17.42.160 may be utilized to abate or cause the abatement of uses, conditions and/or activities that constitute a nuisance pursuant to Section 17.42.110.
D. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
17.42.160 Administrative citations.
A. Any enforcing officer may issue an administrative citation to a responsible person when the officer has determined, through personal observation or after undertaking standard law enforcement investigatory actions, that the person has used or maintained, or permitted the use or maintenance or property on which an alcoholic beverage establishment is located, and/or who has operation or permitted the operation of the business, in a manner that constitutes a public nuisance pursuant to Section 17.42.110. An officer shall not issue an administrative citation to a responsible person when the officer has determined, based on the totality of the circumstances, that said person has taken all reasonable steps to attempt to prevent the nuisance.
1. A responsible person who is present at the property at the time an officer determines the existence of a public nuisance shall be deemed to have actual or constructive knowledge of such nuisance.
2. An owner of the property on which the alcoholic beverage establishment is located, who is not also an operator of the business, may be deemed by an enforcing officer to have actual or constructive knowledge of the nuisance use, condition or activity:
a. If such person has previously been given verbal warning and/or an administrative citation or other written notice concerning the violations; or b. Based on the totality of the circumstances as determined by the enforcing officer.
B. Within 5 days after issuance of a citation, an officer shall submit a copy of the citation and a written statement of facts to the city manager. Alternatively, the officer may elect to submit the written statement of facts to the city manager, who may then issue the citation.
C. An administrative citation may be personally given to the responsible person, or the responsible person may be served by first class mail to an address which is either:
a. Indicated on any form of identification presented to the officer, or b. Discovered by the officer during the course of his or her standard law enforcement investigatory actions.
The date a citation is placed in a U.S. Postal Service mail receptacle shall be the date of service.
A declaration of service shall be made by the person mailing the administrative citation showing the date and manner of service by mail and reciting the name and address of the citation addressee. Failure of any responsible person to receive an administrative citation by mail shall not invalidate any citation issued pursuant to this chapter.
D. The citation shall be in a city-approved format, and shall include the following information:
1. The date, location and approximate time of the condition and/or activity that constituted a public nuisance pursuant to Section 17.42.110;
2. A brief description of the condition and/or activity that constituted a public nuisance;
3. A statement describing the right to appeal the citation;
4. A statement advising that the fine shall be paid to the city within 30 days from the date of the administrative citation, procedure for payment, and the consequences of failure to pay.
E. The penalty amounts of administrative citations issued pursuant to this chapter shall be as follows:
1. For the first administrative citation, the penalty shall be $500.00;
2. For the second and any subsequent administrative citation, the penalty shall be $1,000.00.
F. The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation constitutes a debt to the city, which may be collected in accordance with Chapter 1.16 or in any other manner allowable by law.
17.42.170 Initial review of administrative citation or ability to pay.
A. Request for initial review of administrative citation.
1. A person who has been issued an administrative citation pursuant to this chapter may request an initial review of the citation by the city. The request shall be made in writing and shall state the reason(s) that the citation should be dismissed. The requestor shall include a copy of all pertinent evidence. The request must include a mailing address and, if available, an email address to which correspondence related to the request may be sent. The written request for an initial review must be received by the city clerk's office within fourteen (14) calendar days from the date of the citation's issuance. No fee shall be required for filing the request for an initial review. Failure of the city clerk to receive a timely request for an initial review constitutes a waiver of the right to contest the administrative citation; in this event, the citation is final and binding, and payment shall be due within thirty (30) calendar days from the date of the citation's issuance.
2. Upon timely receipt of a written request for an initial review of the administrative citation, the public services director, development services director, or person designated by either director to act as reviewing officer, shall conduct an initial review of the administrative citation, the written incident report or statement of facts, and the request for review and all evidence submitted with the request. The reviewing officer
shall assess whether the evidence shows that the violation occurred and if any extenuating circumstances exist that warrant dismissal, and shall make a decision to preliminarily uphold or dismiss the citation. The reviewing officer shall notify the cited person of the decision in writing by mail and/or email within ninety (90) calendar days from the date of receipt of the request for initial review; provided, however, that the public safety director or development services director may extend the ninety (90) day deadline upon a finding of good cause.
B. Initial review of ability to pay.
1. A cited person, regardless of whether he/she wishes to challenge the citation who believes he/she is unable to pay, may request an initial review of the person's ability to pay. In addition to the written request for review based on ability to pay, a statement of financial worth shall be submitted. The request must include a mailing address and, if available, an email address to which correspondence related to the request may be sent.
The written request for an initial review must be received by the city clerk's office within fourteen (14) calendar days from the date of the citation's issuance. No fee shall be required for filing the request for an initial review. Failure of the city clerk to receive a timely request for an initial review constitutes a waiver of the right to challenge the ability to pay. In this event, the citation is final and binding, and payment shall be due within thirty (30) calendar days from the date of the citation's issuance; provided, however, that if the cited person timely filed a request for review of the administrative citation, the payment of the citation will be due in accordance with the outcome of that initial review and any subsequent proceedings.
2. The statement of financial worth form shall include information relating to the cited person's employer, real and tangible personal property, monthly income including federal and/or state benefits, and all monthly financial obligations. The cited person shall certify the content of the statement as to its truth and correctness under penalty of perjury. The cited person shall also sign a release form of that person's most recent federal income tax report.
3. The reviewer, in conference with the director, shall make a determination of whether or not the cited person has the ability to pay the full deposit to appeal an administrative citation based on the information provided in the statement of financial worth, and shall notify the cited person in writing by mail and/or email within ninety (90) calendar days from the date of receipt of the request for initial review; provided, however, that the public safety director or development services director may extend the ninety (90) day deadline upon a finding of good cause.
4. A person who requested an initial review solely on the basis of ability to pay, for whom the determination has been made that the person has the financial ability to pay the full amount of the citation in one (1) payment, shall submit payment of the full amount of the citation within thirty (30) calendar days from the date of the notice of determination of ability to pay.
5. A person for whom the determination has been made that the person does not have the ability to pay the full amount of the citation in one (1) payment, shall, no later than fourteen (14) calendar days from the date of the determination, coordinate with the
department to establish a payment plan whereby the cited person shall make timely monthly payments until the citation has been paid in full.
17.42.180 Administrative hearing.
A. A person whose initial review of an administrative citation has resulted in the citation being upheld pursuant to this chapter may contest the citation by filing a written appeal on a cityapproved form to the city clerk within fourteen (14) calendar days from the date of the issuance of the written statement of the results of the initial review. The basis for the appeal must be specified in detail on the appeal form. The appeal form must include a mailing address and, if available, an email address to which correspondence related to the request may be sent. Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to contest a citation; in this event, the citation is final and binding.
B. A deposit in the amount of the citation must be paid at the time the appeal is filed. A person for whom a determination has been made that the person is unable to pay the full amount of the citation in one (1) payment as set forth in section 17.42.170 B.(5) of this chapter shall tender the first payment of the payment plan established pursuant to that subsection.
C. As soon as practicable after a timely appeal is filed, the city manager or his/her designee shall fix a date, time and place for a hearing. The hearing shall be conducted by an independent and impartial hearing officer. Written notice of the time and place for the hearing shall be served by first class mail and/or email at least ten (10) calendar days prior to the date of the hearing.
D. An appellant may request, in writing, that the director reschedule the hearing if the request is made at least twenty-four (24) hours prior to the hearing. The director shall grant one (1) continuance of the hearing date.
E. Failure of an appellant to appear at the scheduled hearing shall constitute the appellant's waiver of the right to appeal and a forfeiture of the citation amount deposited at the time the appeal was filed.
F. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish, by a preponderance of evidence, that the appellant committed the offense that was the basis for the citation. The officer issuing the administrative citation and/or submitting the written incident report or statement of facts shall not be required to appear at the hearing. The hearing officer shall accept testimony by declaration under penalty of perjury relating to the commission of the offense, as set forth in the issuing officer's incident report or statement of facts, and shall consider any other relevant evidence concerning the commission of the offense that the public safety director or development services director or his/her designee may present at the hearing. The hearing officer shall also take the testimony of the appellant, and/or his or her witnesses, will consider any other credible relevant rebuttal evidence the appellant may wish to present.
The appellant may represent himself or herself or be represented by anyone of his or her choice, including counsel, at his or her sole expense. The appellant may bring an interpreter to the hearing at his or her sole expense.
G. The hearing officer shall make findings based on the record of the hearing, and shall prepare a written decision, based on those findings, to uphold or dismiss the citation. A hearing
officer may uphold the citation but modify the penalty amount if extenuating circumstances warrant a modification in the interest of justice. A copy of the written decision shall be served on the appellant by first class mail within fourteen (14) days after the hearing. If the citation is dismissed, the city shall refund the amount of the citation deposit to the appellant within thirty (30) days from the date of the decision.
H. The decision of the hearing officer is final and conclusive, subject only to review by the superior court in accordance with the time limits set forth in Code of Civil Procedure Section 1094.6.
17.42.190 Community service in lieu of payment of penalty.
A. As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service. The amount of the citation shall be reduced for each hour of community service at a rate in accordance with the state's minimum wage in effect at the time the community service is performed.
B. In the event a person who has enrolled in community service fails or refuses to perform the community service in a timely and appropriate manner, as provided in any applicable rules, regulations, policies and procedures, the city may cancel the community service agreement and collect any unpaid balance of the administrative citation in any manner authorized by law.
17.42.200 Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one (1) or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
ATTACHMENT “A” (REDLINES)
Modification to Resolution No. 19-23 Standard Conditions
GENERAL/ADVISORY
1. Unless otherwise indicated herein, the development and/or use of the site shall be in substantial conformance with approved site plans on file in the Community Development Division.
2. This Conditional Use Permit must be used within two (2) years from the date of approval; otherwise the Conditional Use Permit will expire. The applicant may, not less than sixty (60) days prior to the expiration date, request a total of three one-(1)-year extensions in writing to the Community Development Manager. Modifications to the plan, including timing of on- and off-site improvements that do not raise significant new issues or extend the overall time frame beyond the approval period may be approved by the Community Development Manager.
Note: Issuance of building permits, installation of off-site improvements, and grading of the site do not constitute “use” of the conditional use permit. Under the Zoning Ordinance, construction or other development authorized by the conditional use permit must have commenced. Generally, the City requires that the slab of a major building in the project be poured and inspected in order to consider the permit used, although the circumstances of each case may vary depending on the land use involved. For the sale of alcohol within an existing building, the City generally requires that a license has been issued by the State of California Alcoholic Beverage Control to constitute “use” of the conditional use permit.
3. The approval of this tentative map shall expire 24 months from the date of conditional approval. The subdivider may file for three one-year extensions of the conditionally approved map prior to the date of expiration. If such extension is requested, it must be filed no later than 60 days prior to expiration.
4. All requirements of the Municipal Code and the specific zoning of the subject property must be complied with unless otherwise set forth in the permit or shown on the approved plot plan.
5. Comply with all requirements of the Municipal Code and of the specific zoning of the subject property.
6. The applicant shall contact the Los Angeles County Fire Department to determine improvements that may be required to protect the property from the fire hazard and shall provide and install at his expense such improvements as may be deemed necessary by the Los Angeles County Fire Department. Fire protection improvements shall be completed to the satisfaction of the Development Services Director prior to certification of completion and occupancy of the subject buildings.
7. Three (3) copies of a signage plan shall be submitted for approval by the Community Development Director at the time of building plan issuance to be in compliance with the Municipal Code and Design Guidelines. Such plan shall be comprehensive and shall include: location, height, square-footage, method of attachment, construction materials, and colors of each sign proposed to be placed on the site.
8. The following items/plans shall be submitted to the Development Services Department, which shall route them to the Community Development Division for concurrent review and approval prior to issuance of permits:
a. Lighting Plan
b. Building Plan
c. Grading Plan
d. Landscape Plan: Landscape plans shall be prepared in accordance with Ordinance No. 907.
e. Trash Enclosure Plan
9. All necessary permits shall be obtained from the Development Services Department prior to any construction, remodeling, or replacement of buildings or other structures.
10. Prior to building permit issuance, the applicant shall pay all applicable development fees including, but not limited to, the following: 1) Los Angeles County Sanitation District Sewer Connection Fee; 2) Interim School Facilities Financing Fee; 3) Traffic Signal Fee; 4) Planned Local Drainage Facilities fee; 5) Dwelling Unit Fee; 6) Traffic Impact Fees; 7) Urban Structure Program Fee (Park Development Fee, Administrative Office Fee, Corporate Yard Fee, and Operations Impact Fee, etc.); and 8) Landscape Fee.
11. Prior to building permit issuance, the applicant shall pay traffic impact fees as adopted by City Council Ordinance No. 852 to be used for the improvement of off-site streets within the unincorporated areas of Los Angeles County. This fee applies to any project within the boundaries of Avenue J-8 to Avenue L-8 and 40th Street West to 100th Street West.
12. If any provision of this permit is held or declared to be invalid, the permit shall be void, and the privileges granted hereunder shall lapse.
13. It is further declared and made a condition of this permit that if any condition hereof is violated, or if any law, statute, or ordinance is violated, the permit shall be suspended and the privileges granted hereunder shall lapse provided that the applicant has been given written notice to cease such violation and has failed to do so within the time period indicated in the notice.
14. All construction and/or installation of improvements shall be undertaken to the specification of the Lancaster Municipal Code.
15. Prior to building/grading permit issuance, whichever comes first, the applicant shall submit a geotechnical report as detailed in Chapter 18 of the latest edition of the California Building Code and as required by the Development Services Department. The geotechnical report shall be completed in accordance with the County of Los Angeles, Department of Public Works, Manual for Preparation of Geotechnical Reports.
16. If the map is to be recorded in phases, the subdivider shall submit a phasing plan and phasing condition/mitigation measure matrix to the Community Development Division for approval thirty (30) days prior to filing the final map of the first phase.
17. The applicant is advised that details shown on the tentative map are not necessarily approved. Any details which are inconsistent with requirements of ordinances, general conditions of approval, or City policies must be specifically approved by the City in writing.
18. Prior to final map recordation, the subdivider shall be required to install distribution lines and individual service lines for appropriate cable television systems to each parcel in the subdivision.
19. The subdivider/applicant shall defend, indemnify, and hold harmless the City and its , elected officials, officers, employees and representatives from any claim, action, or proceeding against the City or its elected officials, officers, employees and representatives to attack, set aside, void, or annul, an approval of the City concerning this subdivision, which action is brought within the time period provided for in Section 66499.37 of the Subdivision Map Act, or an approval of the City concerning this conditional use permit and the use(s) and development permitted by its approval. The City shall promptly notify the subdivider of any claim, action, or proceeding and shall cooperate fully in the defense; this condition shall not be imposed if the City fails to promptly notify the subdivider or fails to cooperate fully in the defense.
20. The applicant shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees and representatives from any claim, action, or proceeding against the City or its elected officials, officers, employees and representatives to attack, set aside, void, or annul, an approval of the City concerning this conditional use permit and the use(s) and development permitted by its approval. The City shall promptly notify the applicant of any claim, action, or proceeding and shall cooperate fully in the defense; this condition shall not be imposed if the City fails to promptly notify the applicant or fails to cooperate fully in the defense.
21. Prior to occupancy of any buildings or structures, the permittee shall request, no less than forty-eight (48) hours in advance, that on-site inspection be made by the Community Development Division to verify that development of the property has occurred in conformity with conditions as enumerated in this permit.
22. If the project is developed in phases, all the development requirements shall be met for each phase including parking, landscaping, trash enclosures, drainage, etc. The developer shall provide a phasing plan and phasing condition/mitigation measure matrix to the Community Development Division for approval prior to the issuance of constructionrelated permits.
23. The applicant shall be responsible for notifying the Community Development Division in writing of any change in ownership, designation of a new engineer, or change in the status of the developer, within thirty (30) days of said change.
24. This conditional use permit will not be effective until ten (10) working days after the date upon which it is granted by the Planning Commission and until the applicant has executed and returned to the Community Development Division an authorized acceptance of the conditions of approval applicable to said permit.
25. Expansion or intensification of the use beyond the approval specified herein would require subsequent review and possible application for amendment. The Community Development Manager is authorized to approve modifications to the site plan provided such modifications do not substantially change the intent of the approved use, avoid issues raised at the public meeting, or raise new issues not previously addressed.
26. Prior to occupancy of any model homes, the applicant shall provide adequate off-street parking and complete adjoining street improvements.
27. The first check of the final map shall be submitted at least 180 days prior to the expiration date of the tentative map.
STREETS
28. An encroachment permit shall be obtained from the Development Services Department prior to doing any work within the public right-of-way.
29. Prior to occupancy, the applicant shall design and construct City owned and maintained street lighting systems (LS-3 rate schedule). The Developer’s engineer shall prepare all plans necessary to build said street lighting system in accordance with Southern California Edison and City of Lancaster standards.
30. All construction and/or installation of improvements shall be undertaken to the specifications of the Lancaster Municipal Code.
31. The applicant shall comply with City Municipal Code, Chapter 13.20, Article II, entitled Installation/Relocation for New/Expanded Development of Overhead Utilities as directed by the Development Services Director. (Ordinance No. 361)
32. Prior to final map recordation and/or building occupancy, the property shall be annexed into the Lancaster Lighting Maintenance District.
33. The proposed project shall comply with the City of Lancaster Holiday Moratorium Policy.
No excavation or work shall occur within the public right-of-way on Primary Arterials, Secondary Arterials, and Collector Streets between November 15th to January 2nd, except work pertaining to public safety or with the written permission of the City Manager. Work commenced prior to the restriction period must be in such a condition that it will be resurfaced prior to November 15th.
DRAINAGE/GRADING
34. Prior to issuance of a grading permit, the applicant shall submit a grading plan consistent with the approved site plan and conditions of approval. The grading plan shall be based on an approved drainage area study and hydrology/hydraulic report, detailed recent topographic survey, and a detailed engineering soils report specifically approved by the geologist and/or soils engineer that addresses all submitted recommendations.
35. Prior to issuance of any construction related permits (grading, building, etc.), a Dust Control Plan shall be prepared and submitted to the Antelope Valley Air Quality Management District (AVAQMD) in accordance with Rule 403 of the AVAQMD. An approved copy of the Dust Control Plan shall be submitted to the Development Services Department for residential projects of 10 acres and larger and for commercial/industrial projects of 5 acres and larger. In lieu of an approved plan, a letter from the AVAQMD waiving this requirement shall be submitted.
36. Prior to grading, the applicant shall provide a contact name and valid phone number of the person or persons designated by the developer, who is available 24-hours a day, 7 days a week, to whom notice of blowing of dust or debris from the site shall be reported.
37. Prior to final map recordation and/or building occupancy, the property shall be annexed into the Lancaster Drainage Maintenance District.
WATER
38. All lots shall be served by adequately sized water system facilities, including fire hydrants, of sufficient size to accommodate the total domestic and fire flows required for the land division. Domestic flows required are to be determined by the Development Services Director. Fire flows required are to be determined by the Fire Chief.
39. There shall also be filed with this subdivision a statement from the water purveyor indicating that water service shall be provided to each lot and that the proposed water mains and any other required facilities will be operated by the purveyor and that under normal operating conditions the system will meet requirements for the land division.
40. Per the direction of the Community Development Manager and the Development Services Director, the applicant shall be required to comply with all Ordinances in effect at the time of project construction to address the balance of water supply to water demand.
41. In order to obtain a conditional will-serve letter, the Project applicant must secure permanent water supply entitlements sufficient to meet the Project’s annual water demands as determined by the Los Angeles County Waterworks District 40 (District). This entitlement may be secured through entering an agreement with the District to purchase new State Water Project Table A or other permanent water supply through the Antelope Valley-East Kern Water Agency.
42. In addition to the condition above, the District may require that: (1) various charges/fees be paid by the owner/developer of the property; (2) on-site and off-site water system facilities be installed by a State licensed contractor retained by the owner/developer, and inspected and accepted by the District, using plans prepared by a licensed engineer that are reviewed by the District; or (3) a combination of (1) and (2). Once constructed to the satisfaction of the District, the water system facilities are to be dedicated gratis to the District for subsequent operation and maintenance.
SEWER
43. Prior to issuance of a sewer permit, the applicant shall submit a sewer plan consistent with the approved site plan and conditions of approval. The sewer plan shall be based on an approved Sewer Area Study.
LANDSCAPING
44. Landscape materials, once approved, shall be maintained in perpetuity. (10-23/35)
45. Developer shall install a parkway planter with landscaping and irrigation where required in accordance with the adopted Design Guidelines.
46. Prior to final map recordation and/or building occupancy, the property shall be annexed into the Landscape Maintenance District.
COMMUNITY DEVELOPMENT/OTHER
47. The applicant is hereby advised that the use of any signs, strings of pennants, banners or streamers, clusters of flags and similar attention-getting devices are prohibited, except where there has been prior written approval from the Community Development Division.
48. Elevations and architectural details of the future buildings are subject to review and approval by the City of Lancaster Architectural and Design Commission to ensure that they are compatible with the established architectural design guidelines. This includes, but is not limited to, architectural style, color, exterior materials, material and type of walls. The applicant shall provide 360 degree architectural treatments for all proposed buildings.
49. All buildings constructed as a result of project approval shall comply with the City of Lancaster’s Architectural and Design Guidelines. All changes in elevations are subject to approval by the Architectural and Design Commission.
50. All elevations and floor plans for residential subdivisions shall be subject to approval by the City of Lancaster’s Architectural and Design Commission.
ENVIRONMENTAL
51. Per the direction of the Community Development Manager, a Phase I Cultural Resource Study is required for any off-site area which will be disturbed by the development, such as staging areas and turn-arounds not covered by the Cultural Resource Study, or all work shall be conducted on the site by installation of a fence to determine limits of development.
52. Pursuant to Section 21089(b) of the Public Resource Code, approval of this project will not be valid, and no development right shall be vested, until such times the required fees, as set forth under Section 711.4 of the Fish and Game Code, have been paid. Said fees, in the form of a check made payable to the County of Los Angeles Clerk’s Office shall be submitted to the Community Development Division within three (3) days of the Commission’s action.
53. The applicant shall pay a fee to the City of Lancaster in the sum of $770.00 per gross acre, to be held in the biological mitigation fund as established by the City Council.
Payment of said fee shall occur prior to Final Map for Parcel/Tract Maps and prior to or concurrent with the approval of a grading permit for all other projects. Additionally, should the applicant be required to pay mitigation fees under the California Department of Fish and Wildlife, these fees can be deducted from the amount collected by the City of Lancaster.
54. The project shall comply with all mitigation measures adopted in the mitigation monitoring and reporting program.
WALLS AND FENCES
55. Prior to occupancy, construct a masonry wall along the perimeter of the subdivision where a rear, side, or street side yard abuts other property, or is adjacent to a street, in accordance with Section 17.28.030.C of the Municipal Code; color and design to be specifically approved by the Community Development Manager. If the project is developed in phases, a masonry wall must be provided around the perimeter of each recorded phase in accordance with this condition prior to occupancy of any units in that phase. The requirement for perimeter walls may be waived or modified by the Community Development Manager in order to prevent the creation of double walls where an adequate wall which would meet the intent of this condition is already in existence, or where there will be continuous work in progress on adjacent phases. All walls required by this condition shall meet the structural requirements of the City of Lancaster as specified by the Development Services Director.
ALCOHOL: GENERAL
56. Per the direction of the Community Development Manager, the applicant shall comply with Chapter 17.42 (Alcoholic Beverage Establishments).
57. On-site security shall be provided if determined necessary by the Community Development Manager.
58. The conditional use permit shall be subject to semi- and/or annual review by the Planning Commission should on-site operations or effects on adjacent uses warrant such review.
59. A copy of the conditions of approval for the conditional use permit must be kept on the premises of the establishment, and be presented to City of Lancaster or Los Angeles County Sheriff’s personnel upon request.
ALCOHOL: ON-SITE SALE
60. No self-service of alcoholic beverages shall be permitted.
61. The applicant shall comply with the conditions of approval listed in Section 17.42.070 except where specifically modified by this conditional use permit.
ALCOHOL: OFF-SITE SALE
62. The City reserves the right to review the Conditional Use Permit one year from the date the Conditional Use Permit was first approved and at one-year intervals thereafter.
63. There shall be no sale or rental of any adult magazines, videos, tapes, disc, film or any other harmful matter as described in Penal Code Section 313.
64. Signs shall be posted with current language of the Penal code, Business and Professional Code, and Lancaster Municipal Code, regarding the prohibition of loitering, open containers, and consumption of alcoholic beverages at the premises.
65. All alcoholic and non-alcoholic beverages available for public purchase shall be displayed in separate locations.
66. Per Section 17.42.020 of the Lancaster Municipal Code, the applicant shall be allowed to devote a maximum of 5% of overall sales floor area for sale of alcoholic beverages.
67. No malt beverage products shall be sold, regardless of individual container size, in quantities of less than six per sale, except in manufacturer pre-packaged 4-packs.
68. No sale of any individual container cans or bottles of beer shall be allowed, except that the applicant may establish a system in which no less than 6 individual containers, not less than 12 ounces in size, may be combined for a single sales transaction.
69. Spirits shall not be sold in containers less than 350 milliliters.
70. Wine shall not be sold in containers less than 750 milliliters, and wine coolers must be sold in manufacturers pre-packaged multi-unit quantities.
71. The applicant shall comply with Chapter 17.42 and Section 17.42.080 (Conditions of Approval for Off-Sale Alcoholic Beverages Establishments) except where specifically modified by this conditional use permit.
CONVENIENCE MARKETS
72. Per Section 17.42.020 of the Lancaster Municipal Code, the applicant is required to devote a minimum of 15% of overall sales floor area to display and sale of fresh meat and produce.
73. Spirits shall not be stored, displayed, or sold on the premises per Section 17.42.020 of the Lancaster Municipal Code.
ENTERTAINMENT
74.56. The live entertainment shall not start until the minimum required number of management/security personnel are present and prepared to commence security duties.
Management/security staff must remain on-site until the entertainment portion has stopped and all patrons have departed from the parking lot.
75.57. Management/security officers shall patrol the parking lot and will remain in the parking lot until all the patrons have left. The applicant must develop a policy on how security officers will address intoxicated patrons leaving the parking lot; the policy must be approved by the Los Angeles County Sheriff’s Department.
76.58. Loitering in the parking lot shall be prohibited. The onsite manager shall inform all clients that when coming or leaving the building they must not converge in the parking lot.
77.59. A phone number of the responsible representative of the owner/applicant shall be posted for the purposes of allowing neighboring uses to report an emergency, or to file a complaint about the method of operation of the facility, or the serving of alcoholic beverages.
78.60. A strict “No in-and-out” policy shall be enforced, which would restrict guests from entering and exiting the premises.
HOTELS/MOTELS
79.61. All employees shall receive training on how to identify the signs of sex trafficking and report incidents to the proper authorities. The applicant/owner shall develop a policy/procedures on how and when training shall occur; the policy and procedures must be approved by the Los Angeles County Sheriff, and the City of Lancaster Public Safety Department and City Attorney’s office. Copies of the approved training procedures and proof of employee must be kept on the premises of the establishment and presented to the City of Lancaster or Los Angeles County Sheriff’s personnel upon request.
CANNABIS
80.62. Prior to certificate of occupancy, the applicant shall prepare, implement, and make available a written Hazardous Materials Management Plan to include a list of all hazardous products, chemicals, fertilizers, herbicides, pesticides, lubricants, flammable liquids, bleaches, cleaning supplies, aerosols, etc., that will be stored, or in use, on the site and the related Safety Data Sheets (SDS). The applicant shall ensure the safe and proper storage of chemicals and products, in accordance with all applicable local, state, and federal laws, including the use of appropriate personal protective equipment when handling hazardous materials. A copy of the Hazardous Materials Management Plan shall be subject to review and approved by the Development Services Director.
81.63. Any and all window and security devices, such as metal bars, gates, and shutters, shall be installed within the interior of the building and screened from the public street to the satisfaction of the Development Services Director.
82.64. The applicant shall comply with all applicable provisions of the Lancaster Municipal Code relating to cannabis commercial activity including, but not limited to, those provisions of Chapters 5.56 and 17.43. as they may be amended from time to time.
83.65. No minors shall be permitted inside any restricted access areas, including the cultivation portion of the medical cannabis business, under any circumstance.
84.66. Negative air pressure shall be maintained inside the building.
85.67. Prior to issuance of any building permit, the City shall receive documentation that the odor filtration system was designed by a mechanical engineer. The odor filtration system plan shall include the engineer’s stamp, certifying that it complies with Lancaster Municipal Code Section 17.43.070.B.12.
86.68. Detection of cannabis odor outside the proposed cannabis facility may result in the revocation of the Conditional Use Permit.
87.69. Doors and windows shall remain closed, except for the minimum length of time needed to allow people to ingress or egress the building.
88.70. Prior to issuance of a certificate of occupancy, the City shall receive documentation that the applicant has established service with the City’s waste management and manufacturing-related cannabis waste management franchisees. The applicant shall store and process all cultivation- and manufacturing-related cannabis and cannabis products in strict accordance with the requirements established by the applicable franchisee and approved by the Community Development Manager.
89.71. The applicant shall provide all gear and suits for protection of City staff during site inspections.
90.72. Failure to immediately grant access to any authorized City staff onto the premises or into any portion of the facility may result in revocation of the Conditional Use Permit.
STAFF REPORT
City of Lancaster
CC 15
10/11/2022
JC
Date: October 11, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Nicole Jones, Analyst
Subject: Proceedings to Form Proposed Community Facilities District No. 2021-1 (Public Services)
Recommendation:
Adopt Resolution No. 22-54, for intention to establish a community facilities district, proposed to be named City of Lancaster Community Facilities District No. 2021-1 (Public Services), and to authorize the levy of special taxes.
Fiscal Impact:
Initial annual special tax rates for the two CFDs are proposed as follows:
Public Services CFD
• Single Family Residential Property Outer Zone: $901.00 per unit • Single Family Residential Property Inner Zone: $546.00 per unit • Multi-Family Residential Property Outer Zone: $631.00 per unit • Multi-Family Residential Property Inner Zone: $382.00 per unit For each fiscal year, the maximum tax rates will be increased by an annual escalation factor. Longterm revenue projections will depend on the number, scale and progress of new developments that annex into the CFDs.
Background:
The City of Lancaster has identified the need to fund the continuing expansion of demand for Public Services (fire and police) of public facilities associated with new development and population growth in the City. In April of 2020, the City began talks with the Owner and a Special Tax Consultant to assist in the establishment of Community Facilities Districts (“CFD”) to levy a special tax to fund Public Services serving the new development. The City has received a petition from Hatzlacha Development LLC (the “Owner”), the owner and developer of APNs: 3153-005- 024 (Parcel 1), 3153-005-025 (Parcel 2), 3153-005-078 (Parcel 3), and 3153-005-088 (Parcel 4) (the “Property”), requesting the formation of the proposed CFDs, encompassing the Property, to finance:
• Parks and Recreation, Public Safety and Public Works (“CFD No. 2021-1 Public Services”).
ISSUES/ANALYSIS
Approval of the resolutions described above is the first step to establish the proposed Community Facilities District for the Property. The resolutions:
• approve the boundaries of the proposed Community Facilities Districts; • specify the services to be financed;
• specify that special taxes will be levied on all parcels of taxable property in the proposed Community Facilities District to finance the services; and • schedule public hearings regarding the formation of the Communities Facilities District.
Although the initial CFD No. 2021-1 will be established to serve property-owned and under development by Hatzlacha Development LLC, several projects are already conditioned, or are in the process of being conditioned, to annex into the CFD, once established.
The final steps for the formation of the proposed community facilities district will occur at the City Council’s meeting on December 13, 2022. The Mayor and the City Council will conduct a public hearing on such day and following the public hearing may adopt resolutions to form the proposed community facilities district, call a special election of the qualified voters to approve the levy of special taxes, conduct a special election, and declare election results.
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Attachments:
Resolution No. 22-54
Boundary Map - Lancaster CFD 2021-1 Public Services
RESOLUTION NO. 22-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA, OF INTENTION TO ESTABLISH
A COMMUNITY FACILITIES DISTRICT, PROPOSED TO BE
NAMED COMMUNITY FACILITIES DISTRICT NO. 2021-1,
AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES
WHEREAS, the City Council of the City of Lancaster (“City Council”) has determined that the institution of proceedings for the establishment a community facilities district pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982 (the “Act”), as amended, is necessary and desirable for the purpose of mitigating the financial impact of new development on maintenance and operation of public safety services, fire services, lighting, parkways, streets, roads, open space and any real property or other tangible property with an estimated useful life of five or more years that is owned by the City of Lancaster (“City”); and WHEREAS, Section 53318 of the Act authorizes the City Council to initiate proceedings for the establishment of a Community Services District and to levy special taxes within the community facilities district.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The City Council hereby finds that the recitals set forth above are true and correct and are incorporated into this resolution by reference.
Section 2. The City Council hereby declares its intention to conduct proceedings for the formation of a community facilities district pursuant to the provisions of the Act.
Section 3. The proposed community facilities district shall be known as designated as “City of Lancaster Community Facilities District No. 2021-1” (the “CFD”).
Section 4. A description of the exterior boundaries of the territory proposed for inclusion in the CFD, including properties and parcels of land proposed to be subject to the levy of a special tax by the CFD, is as shown on the boundary map designated as “PROPOSED
BOUNDARY MAP AND FUTURE ANNEXATION AREA OF CITY OF LANCASTER COMMUNITY FACILITIES DISTRICT NO. 2021-1” which is on file in the office of the City Clerk and is attached hereto as Exhibit A and hereby incorporated by reference.
Section 5. It is the intention of this City Council to finance certain services described on Exhibit B hereto and by this reference incorporated herein (the “Services”). The City Council hereby finds that the Services are in addition to those provided in or required for the territory within the CFD prior to the establishment of the CFD and that such Services will not supplant services already available within that territory.
The CFD is being formed to mitigate the financial impact due to new development on maintenance and operation of the Services.
Resolution No. 22-54
Section 6. It is hereby further proposed that, except where funds are otherwise available to pay for the Services, a special tax sufficient to pay for such Services and related incidental expenses authorized by the Act (the “Special Tax” or “Special Taxes”), secured by recordation of a continuing lien against all non-exempt real property in the CFD, will be levied annually within the boundaries of the CFD. Under no circumstances, with respect to the referenced property, will the Special Tax authorized be levied within the CFD be increased as a consequence of delinquency or default by the owner of any other parcel or parcels used for private residential purposes and located within the CFD by more than 10 percent. For further particulars as to the rate and method of apportionment of the Special Tax proposed to be levied within the CFD, reference is made to the attached and incorporated Exhibit C, which sets forth in sufficient detail the rate and method of apportionment of the Special Tax among parcels of real property in the CFD (the “Rate and Method”) to allow each landowner or resident within the CFD to clearly estimate the maximum amount that such person will have to pay for such Services. The City Council hereby determines the Rate and Method set forth in Exhibit C to be reasonable.
The Special Taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes, or shall be collected in such other manner as may be provided by the City Council. Any Special Taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City Treasurer or duly appointed officer or agency of the City, as appointed by the City Council.
Section 7. Notice is given that on December 13, 2022, at 5:00 p.m. (or as soon thereafter as practical), in the regular meeting place of the City Council being the City Council Chambers, located at 44933 Fern Avenue, Lancaster, California 93534, a public hearing will be held where this City Council will consider the establishment of the proposed CFD, the extent of the CFD, the furnishing of the Services within the CFD, and the proposed Rate and Method and all other matters as set forth in this resolution of intention. At the above-mentioned time and place for public hearing any persons interested, including taxpayers, persons registered to vote within the CFD, and property owners, may appear and be heard. The testimony of all interested persons for or against the establishment of the CFD, the extent of the CFD, or the furnishing of the services will be heard and considered. Any protests may be orally or in writing. However, any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly set forth in the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk of the City Council on or before the time fixed for the public hearing.
Written protests may be withdrawn in writing at any time before the conclusion of the public hearing.
If a written majority protest against the establishment of the CFD is filed (as determined in accordance with Section 53324 of the Act), the proceedings shall be abandoned. If such majority protest is limited to certain services or portions of the Special Tax, those services or that tax shall be eliminated by the City Council.
Section 8. If, following the public hearing described in Section 7 above, the City Council determines to establish the CFD and proposes to levy the Special Tax within the CFD, the City Council shall then submit the levy of the Special Taxes to the qualified electors of the CFD.
Resolution No. 22-54
The vote shall be by the landowners of the CFD (if there are fewer than 12 registered voters in the CFD) with each landowner or the authorized representative thereof, having one (1) vote for each acre or portion of an acre of land owned within the CFD.
The election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the California Government Code and pursuant to the provisions of the California Elections Code, insofar as they may be applicable, or such date as agreed upon by the landowners of the CFD pursuant to a consent and waiver form executed by the CFD landowners. Pursuant to said Section 53326 the ballots for the election shall be distributed to the qualified electors of the CFD by mail with return postage prepaid or by personal service and the special election shall be conducted as a mail ballot election.
A successful election relating to the authorization of Special Tax shall establish the appropriations limit as authorized by Article XIIIB of the California Constitution as it is applicable to the CFD.
Section 9. Notice of the time and place of the public hearing shall be given by the City Clerk by causing a Notice of Public Hearing to be published in the legally designated newspaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with such publication to be completed at least seven (7) days prior to the date set for the public hearing.
In addition, notice of the time and place of said hearing shall also be given by first-class mail to each registered voter and to each landowner within the proposed CFD as prescribed by Section 53322.4 of said Act. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing, and shall contain the information required by said Section 53322 of the Act. Land owners may waive notice as provided by the Act.
Section 10. Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the California Government Code, properties of entities of the state, federal, and local governments shall be exempt from the levy of Special Taxes for the financing of the Services of the proposed CFD. Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Taxes.
Section 11. The City Council finds that the proposed Services described in Section 5 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of the proposed CFD.
Section 12. Other property may be annexed into the CFD pursuant to the provisions of the Act. Each Annexation may provide for the amount required for additional services within the annexed territory as part of the rate and method of apportionment and/or may provide for zones or improvement areas within the CFD.
Section 13. Pursuant to Section 53329.5(c) of the Act, the City Council finds, in its opinion, the public interest will not be served by allowing property owners in the CFD to enter into a contract pursuant to Section 53329.5(a) of the Act.
Resolution No. 22-54
Section 14. The City or CFD may accept advances of funds or work-in-kind from any source, including, but not limited to, private persons or private entities, and is authorized and directed to use such funds or that work-in-kind for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating the CFD. The City or CFD may enter into an agreement with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council, with or without interest.
Section 15. Each City officer who is or will be responsible for providing one or more of the proposed types of services to be financed by the CFD, if it is established, is hereby directed to study the proposed CFD and, at or before the time of the public hearing, file a report with the City Council, which is to be part of record of the public hearing, containing the following: (i) a brief description of the services by type that will in the City officer’s opinion be required to adequately meet the needs of the CFD, and (ii) an estimate of the cost of providing those services.
Section 16. Beginning on July 1, 2024, and each July 1 thereafter, fees will be adjusted annually based on the prior Los Angeles-Riverside-Orange Co – All Urban Consumers (CPI-U) annual percent change.
Section 17. This Resolution is effective upon passage.
Resolution No. 22-54
PASSED, APPROVED and ADOPTED this 11th day of October, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ ______________________________ ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF LANCASTER )
CERTIFICATION OF RESOLUTION
CITY COUNCIL
I, __________________________, _________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Resolution No. 22-54, 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
BOUNDARY MAP
Resolution No. 22-54
4895-3719-1990v3/022283-0548
4895-3719-1990v3/022283-0548
EXHIBIT B
SERVICES
The CFD is proposed to (and if approved and formed will) finance certain types of services, which may include, without limitation, the following:
• Fire protection and suppression services;
• Ambulance and paramedic services;
• Police protection services, including, but not limited to, criminal justice services; • Maintenance and lighting of parks, parkways, streets, roads, and open space; • Flood and storm protection services, including, but not limited to, the operation and maintenance of storm drainage systems; and/or
• Other improvements as authorized by the Act.
4895-3719-1990v3/022283-0548
EXHIBIT C
RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX
For the City of Lancaster Community Facilities District No. 2021-1 (Public Services), County of Los Angeles, State of California
The Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels within the City of Lancaster Community Facilities District No. 2021-1 (Public Services), (“CFD 2021-1”), other than Assessor’s Parcels classified as Exempt Property as defined herein, and collected each Fiscal Year commencing in Fiscal Year 2021-22, in an amount determined by the CFD Administrator through the application of the procedures described below. All of the real property within CFD 2021-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the following actual or reasonably estimated expenses related to the administration of CFD 2021-1: the costs of determining the amount of the levy of the Special Tax, the collection of Special Taxes, including the expenses of collecting delinquencies and pursuing foreclosures, the payment of a proportional share of salaries and benefits of any City employee and City overhead whose duties are directly related to the administration of CFD 2021-1, fees and expenses for counsel, audits, costs associated with responding to public inquiries regarding CFD 2021-1, and any and all other costs incurred in connection with the administration of CFD 2021-1. “Annual Escalation Factor” means the annual percentage increase of the All Urban Consumers Consumer Price Index (“CPI”) or two percent (2%), whichever is greater. The annual CPI used shall be for the area of Los Angeles-Long Beach-Anaheim, CA as determined by the Bureau of Labor Statistics for the twelve (12) months ending the preceding December 31, or such other replacement index as may be determined by the City.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.
“Base Year” means Fiscal Year beginning July 1, 2021 and ending June 30, 2022. “Building Permit” means a permit issued for new construction of a residential dwelling or non-residential structure. For purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, grading, utility improvements, or other such improvements not intended for human habitation.
Resolution No. 22-54
4895-3719-1990v3/022283-0548
“Building Square Footage” means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of “Building Square Footage” for a non-residential structure will be
based on the Building Permit(s) issued for such structure and/or by reference to appropriate records kept by the City.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax for CFD 2021-1.
“CFD 2021-1” means City of Lancaster Community Facilities District No. 2021-1 (Public Services) established by the City Council under the Act. “City” means the City of Lancaster.
“City Council” means the Council of the City of Lancaster, acting as the legislative body of CFD 2021-1.
“County” means the County of Los Angeles.
“Developed Property” means an Assessor’s Parcel of Taxable Property for which a Building Permit was issued on or before June 1 preceding the Fiscal Year for which the Special Tax is being levied.
“Exempt Property” means all Assessor’s Parcels within CFD 2021-1 that are exempt from the Special Tax pursuant to the Act or Section F herein. “Fiscal Year” means the period commencing on July 1 of any year and ending the following June 30.
“Inner Zone” means all property located within the area identified as Inner Zone in Attachment A.
“Land Use Type” means any of the land use types listed in Table 1 below. “Maximum Special Tax” means the maximum Special Tax determined in accordance with Section C, which may be levied in any Fiscal Year on an Assessor’s Parcel of Taxable Property.
“Multi-Family Residential Property” means all Assessor’s Parcels of Residential Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management. “Municipal Services” means those authorized services that may be funded by CFD 2021-1 pursuant to the Act, as amended including but not limited to police protection services; maintenance of streets and roadways; maintenance and operation of street lights; maintenance of parks, parkways and open space; and maintenance of public facilities.
Resolution No. 22-54
4895-3719-1990v3/022283-0548
“Non-Residential Property” means any Assessor’s Parcel classified as Developed Property, which is not classified as any, Residential Property, Public Property and Property Owner Association Property.
“Outer Zone” means all property located within the area identified as Outer Zone in Attachment A.
“Property Owner Association Property” means for each Fiscal Year any property within the boundaries of CFD 2021-1 that was owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub-association, as of June 1.
“Proportionately” means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Class. “Public Property” means any property that is owned by, dedicated or irrevocably dedicated to a city, the federal government, the State of California, the County, or any other public agency (each, a “Public Entity”); provided, however, that any such property is leased by such a Public Entity to a private entity and is thereby subject to taxation pursuant to Section 53340.1 of the Act, such leasehold estate shall be classified and taxed according to the use thereof.
“Residential Property” means all Assessor’s Parcels of Developed Property within CFD 2021-1 for which a Building Permit has been issued for purposes of constructing one or more Residential Unit(s).
“Residential Unit” means any residence in which a person or persons may live, which is not considered to be used for non-residential purposes. “Single Family Residential Property” means all Assessor’s Parcels of Residential Property not classified as Multi-Family Residential Property. “Special Tax” means the special tax authorized to be levied within CFD 2021-1 pursuant to the Act, to fund the Special Tax Requirement.
“Special Tax Requirement” means the amount, as determined by the CFD Administrator, for any Fiscal Year to: (i) pay the costs of providing the Municipal Services during such Fiscal Year, (ii) pay Administrative Expenses associated with the Special Tax, (iii) establish or replenish any operational reserve fund established for Municipal Services, (iv) pay incidental expenses related to the Municipal Services as authorized pursuant to the Act, (v) fund an amount equal to a reasonable estimate of delinquencies expected to occur in the Fiscal Year in which the Special Tax will be levied (“Estimated Special Tax Delinquency Amount”) and (vi) fund the shortfall, if any, in the Special Tax revenues collected in the preceding Fiscal Year necessary to fund the Special Tax Requirement for such Fiscal Year where such shortfall resulted from delinquencies in the payment of the Special Tax in such Fiscal Year that exceeded the Estimated Special Tax Delinquency Amount included in the Special Tax Requirement for such Fiscal Year.
Resolution No. 22-54
4895-3719-1990v3/022283-0548
“Taxable Property” means all Assessor’s Parcels that are not exempt from the Special Tax pursuant to the Act or Section H.
“Undeveloped Property” means an Assessor’s Parcel of Taxable Property which is not classified as Developed Property.
“Zone” means, as the context requires, either Outer Zone or Inner Zone.
B. CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2021-22, using the definitions above, each Assessor’s Parcel within CFD 2021-1 shall be assigned to the Outer Zone or the Inner Zone and classified by the CFD Administrator as Taxable Property or Exempt Property. In addition, each such Fiscal Year, each Assessor’s Parcel of Taxable Property shall be further classified by the CFD Administrator as Developed Property or Undeveloped Property. Commencing with Fiscal Year 2021-22 and for each subsequent Fiscal Year, all Taxable Property shall be assigned a Land Use Type and subject to the levy of the Special Tax pursuant to Section C below.
C. SPECIAL TAX RATES
1. Developed Property
Each Fiscal Year commencing in Fiscal Year 2021-22, each Assessor’s Parcel of Developed Property shall be subject to the Special Tax.
The Maximum Special Tax for Developed Property for Fiscal Year 2021-22 is shown below in Table 1.
TABLE 1
Land Use Type
Outer Zone
Maximum
Special Tax
Inner Zone
Maximum
Special Tax
Single-Family
Residential Property
$901 per
Residential Unit
$546 per
Residential Unit
Multi-Family
Residential Property
$631 per
Residential Unit
$382 per
Residential Unit
Resolution No. 22-54
4895-3719-1990v3/022283-0548
For each subsequent Fiscal Year following the Base Year, the Maximum Special Tax rates shall be increased from the Maximum Special Tax rate in effect for the prior Fiscal Year by the Annual Escalation Factor.
2. Undeveloped Property
Each Fiscal Year commencing in Fiscal Year 2021-22, each Assessor’s Parcel classified as Undeveloped Property shall be exempt from the levy of the Special Tax.
3. Exempt Property
No Special Tax shall be levied on Exempt Property as defined in Section F.
For each Fiscal Year, if the use or ownership of an Assessor’s Parcel or Exempt Property changes so that such Assessor’s Parcel is no longer classified as one of the uses set forth in Section F, therefore making such Assessor’s Parcel no longer eligible to be classified as Exempt Property, such Assessor’s Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.
D. METHOD OF APPORTIONMENT OF SPECIAL TAX
Commencing in Fiscal Year 2021-22 and for each subsequent Fiscal Year, the CFD Administrator shall levy the Special Tax on all Taxable Property of CFD 2021-1 until the total amount of Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property within CFD 2021-1 up to 100% of the Maximum Special Tax to satisfy the Special Tax Requirement.
Notwithstanding any provision of this Section D to the contrary, under no circumstances will the Special Tax levied against any Assessor’s Parcel of Developed Property that is classified as Residential Property be increased by more than ten percent (10%) per Fiscal Year as a consequence of delinquency or default in the payment of the Special Tax by the owner of any other Assessor’s Parcel.
E. PREPAYMENT OF SPECIAL TAX
The Special Tax shall be levied in perpetuity for the purpose of financing ongoing authorized services and therefore may not be prepaid.
F. EXEMPTIONS
The City Council shall classify as Exempt Property: (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, including but not limited to property designated for open space, trails, pathways, parks or park and recreation related facilities, (iv) property reasonably designated by the City or CFD Administrator as affordable housing, and (v) property reasonably designated by the City or CFD Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors.
Resolution No. 22-54
4895-3719-1990v3/022283-0548
G. APPEALS
Any property owner claiming that the amounts or application of the Special Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first installment of the Special Tax. The CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the decision of the CFD Administrator requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s) to compensate for the overpayment of the Special Tax.
H. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the Special Tax may be billed and collected at a different time or in a different manner if necessary to meet the financial obligations of CFD 2021-1.
I. DURATION OF TAX
The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement unless such tax is no longer required as determined by the City Council.
Resolution No. 22-54
4895-3719-1990v3/022283-0548
Attachment A – Zone Map
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4 5th
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Nolina Cir
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PROPOSED BOUNDARY MAP AND FUTURE ANNEXATION AREA OF
CITY OF LANCASTER COMMUNITY FACILITIES DISTRICT NO. 2021-1 (PUBLIC SERVICES)
COUNTY OF LOS ANGELES
STATE OF CALIFORNIA
SHEET 1 OF 2
FILED IN THE OFFICE OF THE CITY CLERK THIS ________
DAY OF ____________, 202_.
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING
PROPOSED BOUNDARY MAP AND FUTURE
ANNEXATION AREA OF COMMUNITY FACILITIES
DISTRICT NO. 2021-1 (PUBLIC SERVICES), CITY OF
LANCASTER, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, WAS APPROVED BY THE CITY
COUNCIL OF THE CITY OF LANCASTER AT A REGULAR
MEETING THEREOF, HELD ON THE ________ DAY OF
_______________, 202__, BY ITS RESOLUTION NO.
_______________.
____________________________________________________
CITY CLERK
CITY OF LANCASTER
FILED THIS _______ DAY OF _____________, 202__, AT THE
HOUR OF __________ O'CLOCK __.M. IN THE BOOK ________
OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES
DISTRICTS, PAGE(S) ______ AND AS INSTRUMENT NO.
__________________ IN THE OFFICE OF THE COUNTY
RECORDER IN THE COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA.
__________________________
BY DEPUTY
COUNTY RECORDER
COUNTY OF LOS ANGELES
STATE OF CALIFORNIA
THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL
SHOWN ON THIS DIAGRAM SHALL BE THOSE LINES AND
DIMENSIONS AS SHOWN ON THE LOS ANGELES COUNTY
ASSESSOR'S MAPS FOR THOSE PARCELS LISTED.
THE LOS ANGELES COUNTY ASSESSOR'S MAPS SHALL
GOVERN FOR ALL DETAILS CONCERNING THE LINES AND
DIMENSIONS OF SUCH LOTS OR PARCELS.
LEGEND
PROPOSED DISTRICT BOUNDARY
FUTURE ANNEXATION AREA
T1 MAP REFERENCE NUMBER
T1
¹
T2
T3
T4
MAP REFERENCE
NUMBER
ASSESSOR'S PARCEL
NUMBER
1 3153-005-024
2 3153-005-025
3 3153-005-078
4 3153-005-088
W Ave I
10th
St E
W Ave M
3rd
St E
Sierra
H
wy
W Ave K
W Lancaster
Blvd
E Ave I 9
0th
St W
W Ave N
E Ave K
5 0th
St E
E Ave M
S
h
w
y 14
PROPOSED BOUNDARY MAP AND FUTURE ANNEXATION AREA OF
CITY OF LANCASTER COMMUNITY FACILITIES DISTRICT NO. 2021-1 (PUBLIC SERVICES)
COUNTY OF LOS ANGELES
STATE OF CALIFORNIA
SHEET 2 OF 2
LEGEND
PROPOSED DISTRICT BOUNDARY
FUTURE ANNEXATION AREA
¹
STAFF REPORT
City of Lancaster
CJPH 1
10/11/2022
JC
Date: October 11, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Chenin Dow, Senior Manager - Real Estate & Economic Development Christopher Aune, Housing Manager - Real Estate & Economic Development Subject: Road Easement for Future Avenue J-2 (APN No. 3123-016-904) Recommendations:
1. Adopt Resolution No. 22-49, accepting Road Easement for APN No. 3123-016-904 (future Avenue J-2)
2. Authorize the City Manager, or his designee, to execute all related documents.
That the Housing Authority:
1. Adopt Resolution No. HA 2-22, granting Road Easement for APN 3123-016-904, for future Avenue J-2, to the City of Lancaster.
2. Authorize the City Manager, or his designee, to execute all related documents.
Fiscal Impact:
None.
Background:
Resolution No. 21-19 for the Lancaster Health District Master Plan (“Master Plan”) was adopted and approved by City Council on April 27, 2021. The Master Plan provides direction for development and buildout strategy around the Antelope Valley Hospital over a 20-year period. In addition to a rebuilt hospital, mixed-use development is proposed including medical and general offices, retail and commercial uses, housing, and hotel. The Master Plan includes a diagram that illustrates future Avenue J-2 extending from its current terminus at Kingtree Avenue, continuing to future 13th Street West.
Future Avenue J-2 improvements will cross through a portion of a 1.6-acre vacant lot, identified as Assessor’s Parcel Number 3126-016-904, and owned by the Housing Authority (“Authority”).
The total right-of-way acquisition to be donated is approximately 13,750 square feet.
The Authority-owned lot is located in the Edge District which is one of the three sub-districts within the Mixed Use- Health District zone. The Edge District will be defined by well-shaded, walkable, neighborhood streets, and will contribute a large amount of new neighborhood-scale housing to the District.
CA/sm
Attachments:
Resolution No. 22-49
Housing Authority Resolution No. HA 2-22
Exhibit A: Legal Description
Exhibit B: Road Easement
RESOLUTION NO. 22-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LANCASTER ACCEPTING THE ROAD EASEMENT FOR
APN NO. 3123-016-904 (FUTURE AVENUE J-2)
WHEREAS, on October 11, 2022, the City Council evaluated accepting the Road Easement for utility purposes and the construction of future West Avenue J-2. Accepting the Road Easement will allow for the construction of Avenue J-2 to proceed as envisioned in the Lancaster Health District Master Plan and facilitate housing development on the Lancaster Housing Authority owned lot.
WHEREAS, the Lancaster Housing Authority (“Grantor”) is providing the City of Lancaster at no cost to City of Lancaster (“Grantee”) for the purpose of providing road access within the depicted areas more particularly described in the legal description attached hereto as Exhibit “A,” under the terms and conditions of the Grant of Road Easement attached hereto as Exhibit “B,” as incorporated herein by this reference; and WHEREAS, the Housing Authority and the City Council have duly considered all of the terms and conditions of the proposed Road Easement and believes that the granting of the road easement is in the best interests of the City of Lancaster and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, AS FOLLOWS:
Section 1. The City Council finds and determines that the statements set forth in the Recitals above are true, correct and a substantive part of this Resolution.
Section 2. The City Council hereby accepts the Road Easement in substantially the form presented to the City Council, subject to such revisions as may be made by the City Manager or his designee. The City Manager, or his designee, is authorized to execute and record the Road Easement in generally the form attached as Exhibit “B,” together with such additional changes as may be deemed necessary and proper by the City Manager in consultation with legal counsel.
Resolution No. 22-49
PASSED, APPROVED, and ADOPTED this 11th day of October, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
ANDREA ALEXANDER, ER
City Clerk
City of Lancaster
R. REX PARRIS
Mayor
City of Lancaster
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF LANCASTER
)
) ss
)
CERTIFICATION OF RESOLUTION
CITY COUNCIL
I, , City of Lancaster,
California, do hereby certify that this is a true and correct copy of the original Resolution No. 22-49, 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 s , .
(seal)
RESOLUTION NO. HA 2-22
A RESOLUTION OF THE LANCASTER HOUSING
AUTHORITY, GRANTING THE ROAD EASEMENT FOR APN
3123-016-904, FOR FUTURE AVENUE J-2, TO THE CITY OF
LANCASTER
WHEREAS, on October 11, 2022, the Authority evaluated granting the City of Lancaster a road easement for utility purposes and the construction of future West Avenue J-2. Granting the road easement to the City will allow for the construction of Avenue J-2 to proceed as envisioned in the Lancaster Health District Master Plan and facilitate housing development on the Authorityowned lot.
WHEREAS, the Authority (“Grantor”) is providing the City of Lancaster at no cost to the City of Lancaster (“Grantee”) for the purpose of providing road access within the depicted areas more particularly described in the legal description attached hereto as Exhibit “A,” under the terms and conditions of the Grant of Road Easement attached hereto as Exhibit “B,” as incorporated herein by this reference; and
WHEREAS, the Authority and the City Council have duly considered all of the terms and conditions of the proposed Road Easement and believes that the granting of the road easement is in the best interests of the City of Lancaster and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements.
WHEREAS, in addition, under section 54221(f)(1)(D) of the Government Code, the Lancaster Housing Authority is exempt to changes instituted to the Surplus Land Act.
NOW THEREFORE, BE IT RESOLVED BY THE LANCASTER HOUSING
AUTHORITY, AS FOLLOWS:
Section 1. The Authority finds and determines that the statements set forth in the Recitals above are true, correct, and a substantive part of this Resolution.
Section 2. The Authority hereby approves the granting of the Road Easement in substantially the form presented to the Authority, subject to such revisions as may be made by the Executive Director of the Authority or his designee. The Executive Director of the Authority is hereby authorized to execute the Agreement (including without limitation all attachments thereto) on behalf of the Authority. A copy of the Agreement when executed by the Authority shall be placed on file in the office of the Secretary of the Authority.
Resolution No. HA 2-22
PASSED, APPROVED, and ADOPTED this 11th day of October, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
ANDREA ALEXANDER, ER
City Clerk
City of Lancaster
KITTY KIT YEE SZETO
Chair
Lancaster Housing Authority
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF LANCASTER
)
) ss
)
CERTIFICATION OF RESOLUTION
CITY COUNCIL
I, _____________, ________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Resolution No. HA 2-22 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)
RECORDING REQUESTED BY:
CITY OF LANCASTER
WHEN RECORDED MAIL TO:
CITY OF LANCASTER
ENGINEERING DIVISION
44933 N. FERN AVENUE
LANCASTER, CA 93534
SPACE ABOVE THIS LINE FOR RECORDER'S USE
This document is exempt from payment of a recording fee pursuant to government Code Section 6103 and 27383.
ROAD EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged.
LANCASTER HOUSING AUTHORITY, A PUBLIC BODY, CORPORATE AND POLITIC do(es) hereby grant and dedicate to the City of Lancaster, a charter city and municipal corporation, an easement for public road, highway and utility purposes over and in the real property in the City of Lancaster, County of Los Angeles, State of California, described as:
SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND MADE A PART HEREOF It is understood that each undersigned grantor grants only that portion of the above described land in which said grantor has an interest.
LANCASTER HOUSING AUTHORITY
Jason Caudle – City Manager Date
Above Signature is to be acknowledged
before a Notary Public
Certificate of Acceptance
This is to certify that the interest in real property conveyed by this written Road Easement to the City of Lancaster, a charter city and a municipal corporation, is hereby
accepted by the undersigned officer on behalf of the City of Lancaster pursuant to authority conferred by Resolution No. 93-36 of the City of Lancaster, adopted on March 15, 1993, and the Grantee consents to the recordation thereof by its duly authorized officer.
Dated this ____ day of ______________, 20_____
For: Lancaster Health District
APN: 3123-016-904
Street: West Avenue J-2
BY:
ANDREA ALEXANDER, City Clerk
City of Lancaster
Sheet 1 of 3 Sheets
EXHIBIT “A”
LEGAL DESCRIPTION
APN 3123-016-904
THAT PORTION OF PARCEL 1 OF PARCEL MAP 1546, IN THE CITY OF LANCASTER, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, FILED IN BOOK 29, PAGE 32 OF PARCEL MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT NORTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE N'LY LINE OF SAID PARCEL SOUTH 89°57'49" EAST 314.35 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF
KINGTREE AVE AS SHOWN ON SAID MAP, SAID POINT BEING THE BEGINNING OF NON-TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 866.84 FEET, A RADIAL OF SAID CURVE TO SAID POINT BEARS SOUTH 89°25’33” EAST; THENCE SOUTHERLY 35.24 FEET ALONG THE E'LY LINE OF PARCEL 1 THROUGH A CENTRAL ANGLE OF 02°19'44"; THENCE LEAVING SAID RIGHT-OF-WAY LINE NORTH 43°42'07" WEST 18.29 FEET; THENCE NORTH 89°57'49" WEST 17.89 FEET TO THE BEGINNING OF CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 339.00 FEET; THENCE SOUTHWESTERLY 94.70 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°00'21"; THENCE SOUTH 73°59'20" WEST 47.59 FEET TO THE BEGINNING OF CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 403.00 FEET BEING TANGENT TO A LINE 64 FEET SOUTH AND PARALLEL WITH SAID NORTHERLY LINE; THENCE SOUTHWESTERLY 112.87 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°02'50"; THENCE NORTH 89°57'49" WEST ALONG SAID PARALLEL LINE 31.90 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 1; THENCE ALONG SAID PARCEL LINE NORTH 00°11'34" WEST 64.00 FEET TO THE POINT OF BEGINNING. ALL AS SHOWN ON THE ATTACHED EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF TO BE KNOWN AS WEST AVENUE J-2
CONTAINING 13,750
SQUARE FEET,
MORE OR LESS.
Legal Description prepared by
or under the supervision of:
MIKE LOPEZ, L.S. 8995
ROAD EASEMENT
SANTA CLARITA, CA 91355
VERTEX SURVEYING INC.
28348 CONSTELLATION ROAD, SUITE 800
TITLE:
EXHIBIT A
CITY OF LANCASTER
APN 3123-016-904
SHEET 2 OF 3 SHEETS
N00°11'34"W 64.00'
S89°57'49"E 314.35' L=35.24' R=866.84' Δ2°19'44"
N43°42'07"W
18.29'
N89°57'49"W
17.89'
L=94.70, R=339.00, Δ16°00'21" S73°59'20"W 47.59'
L=112.87, R=403.00, Δ16°02'50" N89°57'49"W 31.90' N00°23'56"W S89° 25' 33"E (R) 22.00' 64.00'
S87° 05' 49"E (R)
N15° 58' 11"W (R)
AREA SUMMARY
TOTAL RIGHT OF WAY ACQUISITION
AREA = 13,750± S.F.
LEGEND
EASEMENT LINE
CENTERLINE
RIGHT-OF-WAY LINE
S.F. SQUARE FEET
APN ASSESSOR'S PARCEL NUMBER
ROW RIGHT OF WAY
P.O.B. POINT OF BEGINNING
PARCEL 1 PMB 29/32 APN 3123-016-904 KINGTREE AVENUE
ROAD EASEMENT
ROAD EASEMENT
INDICATES
SANTA CLARITA, CA 91355
VERTEX SURVEYING INC.
28348 CONSTELLATION ROAD, SUITE 800
TITLE:
EXHIBIT B
CITY OF LANCASTER
APN 3123-016-904
P.O.B. NW
COR PARCEL 1
AVENUE J-2
SHEET 3 OF 3 SHEETS
STAFF REPORT
City of Lancaster
PH 1
10/11/2022
JC
Date: October 11, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Marissa Diaz, Senior Manager - Capital Programs
Subject: Vacation of the Public Road Easement as Shown on Tract Map No. 35738, and Drainage and Sewer Easements reserved in Instrument Number 5613 of Official Records May 26, 1962, over Aldenvale Avenue
Recommendation:
Adopt Resolution No. 22-55, ordering the vacation of a public Road Easement as dedicated on Tract Map No. 35738, and Drainage and Sewer Easements reserved in Instrument Number 5613 of Official Records May 25, 1962, over Aldenvale Avenue located on the south side of Avenue I and approximately 465 feet east of the centerline of 20th Street West.
Fiscal Impact:
None.
Background:
Aldenvale Avenue was first dedicated by Tract 21423 M.B. 636 pages 79-80 in 1958 then vacated, reserving easements for sewer and drainage, by Instrument No. 5613 of Official Records (OR) recorded May 25, 1962. Aldenvale Avenue was then dedicated by Tract 35738 M.B 933 pages 5-7 in 1979. Improvements for the 60-foot-long street were started but never finished, and the street was never open for travel.
On July 30, 2021, Community Development Division Staff recommended Conditions of Approval for Site Plan Review No. 20-04. The condition requires the vacation of Aldenvale Avenue to accommodate the construction of a proposed storm water basin.
On September 13, 2022, the City adopted Resolution No. 22-50, declaring its intention to vacate the subject road easement and set October 11, 2022, as the date of the public hearing to receive testimony relative to the proposed vacation.
The public hearing will be held for the City Council to determine if there are any public objections to the City vacating the road, sewer and drainage easements at Aldenvale Avenue.
EW:AT/jr
Attachments:
Resolution No. 22-55
Exhibit “A” – Legal Description
Exhibit “B” – Vacation of Aldendale Avenue
RESOLUTION NO. 22-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA, ORDERING THE VACATION OF
A PUBLIC ROAD EASEMENT AS DEDICATED ON TRACT
MAP NO. 35738 AND DRAINAGE AND SEWER EASEMENTS
RESERVED IN INSTRUMENT NUMBER 5613 OF OFFICICAL
RECORDS MAY 26, 1962, OVER ALDENVALE AVENUE
LOCATED ON THE SOUTH SIDE OF AVENUE I AND
APPROXIMATELY 465 FEET EAST OF THE CENTERLINE OF
20TH STREET WEST
WHEREAS, the existing road, sewer and drainage easements are no longer needed.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, STATE OF CALIFORNIA, THAT:
Section 1. The Resolution of Intention, Resolution No. 22-50, in the matter of vacation of the above described easements in the City of Lancaster, was adopted by the City Council of the City of Lancaster on September 13, 2022, at which said Resolution has established the time and place for the public hearing on said vacation of easements.
Section 2. Due notices of said hearing have been published and posted as required by law.
Section 3. All protests in this matter have been duly considered.
Section 4. That the City Council finds, from all the evidence submitted, that an easement as described in its Resolution of Intention, Resolution No. 22-50, is unnecessary for present or prospective road, sewer, drainage and other incidental purposes.
Section 5. The City Council does hereby order the vacation of the certain road, sewer and drainage easements to the owner of record as described in Exhibit A and Exhibit B.
Section 6. The City Clerk is hereby ordered to cause a certified copy of this resolution attested to by the City Clerk under the seal of the City, to be recorded in the office of the County recorder of Los Angeles County.
Section 7. The City Clerk is hereby ordered to cause a certified copy of this resolution attested to by the City Clerk under the seal of the City, to be mailed to the following agencies:
Los Angeles County Tax Assessor's Office
Resolution No. 22-55
PASSED, APPROVED, and ADOPTED this 11th day of October, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ ______________________________ Andrea Alexander R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF LANCASTER )
CERTIFICATION OF RESOLUTION
CITY COUNCIL
I, __________________________, ___________________________ City of Lancaster, CA, do hereby certify that this is a true and correct copy of the original Resolution No. 22-55, 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"
LEGAL DESCRIPTION
THAT PORTION OF ALDENVALE AVENUE AS SHOWN ON TRACT NO. 35738
IN THE CITY OF LANCASTER, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 933 PAGES 5 TO 7, INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 29 OF SAID TRACT NO. 35738 PER MAP FILED IN BOOK 933 PAGES 5 TO 7, INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY; THENCE
1. ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 35738 NORTH 89°
40'51" WEST 50.01 FEET TO AN ANGLE POINT THEREIN;
THENCE
2. ALONG THE WESTERLY LINE OF SAID TRACT NO. 35738 NORTH 00 °
58'34" WEST 62.99 FEET TO THE WESTERLY PROLONGATION OF
THE NORTHERLY LINE OF SAID LOT 29; THENCE
3. ALONG SAID WESTERLY PROLONGATION SOUTH 89°
40'51" EAST
63.31 FEET TO A POINT OF CUSP AT THE NORTHEASTERLY
TERMINUS OF THAT CERTAIN CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 13.00 FEET IN THE NORTHWESTERLY LINE OF SAID LOT 29 AS SHOWN ON SAID MAP; THENCE
4. SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 91 ° 1 7 '43" AN ARC DISTANCE OF
20.71 FEET; THENCE
5. TANGENT TO LAST SAID CURVE AND ALONG THE WESTERLY LINE OF SAID LOT 29 SOUTH 00 °
58'34" EAST 49.70 FEET TO THE POINT
OF BEGINNING.
CONTAINING 3,188 SQUARE FEET, MORE OR LESS.
TITLE:
CITY OF LANCASTER R��E���ti�1�0
�SIKAND � Engineering I Planning I Surveying
15230 Burbank Blvd,
Van Nuys, CA 91411
Tel: (818) 787-8550
Fax: (818) 901-7451
[email protected]
APN 3121-034-006
EXHIBIT "A"
SCALE: NTS
EXHIBIT "B"
VACATION OF ALDENVALE AVENUE
� � INDICATES VACATION OF ROAD, DRAINAGE
& SEWER EASEMENTS
------------------r------------t----------------------------------- '--
AREA=3,188 SQ.FT.
LINE TABLE
LINE DIRECTION LENGTH
L1 N89.40'51 "W 50.01'
L2 sa9·4o•s1 "E 63.31'
L3 so·sa'34"E 49.70'
L1 1
AVENUE I
W'L Y LINE OF LOT 29
S'L Y LINE OF TRACT NO. 35738
CURVE: TABLE
CURVE: DEL TA RADIUS LENGTH
C1 91'17'43" 13.00' 20.71'
CITY OF LANCASTER
� � SIKAND
Engineering I P�nning I Surve�ng
15230 Burbank Blvd,
Van Nuys, CA 91411
Tel: (818) 787-8550
Fax: (818) 901-7451
[email protected]
TITLE:
VACATION OF ROAD,
DRAINAGE AND
SEWER EASEMENTS
EXHIBIT "B"
STAFF REPORT
City of Lancaster
NB 1
10/11/2022
JC
Date: October 11, 2022
To: Mayor Parris and City Council Members
From: Rodrick Armalin, Director of Public Safety
Subject: Purchase and Installation of City Hall Cameras & Door Access Control Panels Recommendation:
Approve the following:
The purchase and installation of cameras for the City Hall Phase 1 & 2. There will be 37 Cameras phase 1, and 50 cameras on phase 2, 4 Security Door Access Control Panels, 13 Multiformat Card Readers; for a cost of $340,146.58. Project includes 13 licenses for 10 years to access application to view cameras and camera footage which will be stored in the cloud. This is one of many parts of the multi-part program to update City security.
Fiscal Impact:
The City’s Fiscal Year 2022-2023 budget includes the funding of $340,146.58 for the proposed City Hall Phase 1 & 2 project from account 101-4800-301.
Background:
The City of Lancaster has looked into installing a camera system on the City Hall Phase 1 & 2 project to enhance safety and security. The City followed the CMAS process, with EKC Enterprises receiving the work.
Attachment:
EKC Enterprises Quote California Multiple Award Schedule City Hall Phase 1 & 2 Floor Plan Tax $23,609.26
Total Price $316,537.32
PLEASE SUBMIT PO'S TO [email protected]
City Hall Phases 1 and 2
EKC CMAS NUMBER: 3-21-11-1009
Verkada CMAS NUMBER 3-19-00-0523A
Ship To Name City of Lancaster
44933 Fern Avenue
Lancaster, CA 93534
United States
Bill To
Bill To Name City of Lancaster
Email [email protected]
Prepared By Joel Murillo
Quote Number 22-SFQU-000238
Expiration Date 10/31/2022
4658 E. Weathermaker Created Date 9/15/2022
Fresno, CA 93703
US
Company Address
Terms & Condition
Manufacturer Model No./ SKU Product Description Net Unit Price Quantity Total Price
EKC
Enterprises,
Inc
PH1INSTALL EKC Installation - Phase (1) City of Lancaster CIty Hall $39,552.00 1.00 $39,552.00 EKC
Enterprises,
Inc
PH2INSTALL EKC Installation - Phase (2) City of Lancaster CIty Hall $38,364.00 1.00 $38,364.00 Verkada EKCPH1LIC (23) 10 Year Camera Licenses for Phase 1 City of Lancaster $28,550.13 1.00 $28,550.13 Verkada EKCVPH1
Phase 1 Camera and Mount Bundle includes (15) CD52 Indoor Dome Cameras, (8) CD52-E Outdoor Dome Cameras, (7) Arm
Mounts, and (7) Pendant Cap Mounts
$60,570.27 1.00 $60,570.27
Verkada EKCACLIC10YR Phase 2 - Access Control (13) Licenses - 10-Year $17,931.03 1.00 $17,931.03 Verkada EKCP2CAMLIC Phase 2 - (32) Camera Licenses - 10 Year $39,721.92 1.00 $39,721.92 Verkada EKCVPH2
Phase 2 Camera and Mount Bundle includes (17) CD52 Indoor Dome Cameras, (8) CD52-E Outdoor Dome Cameras, (5) CB51-E Outdoor Bullet Cameras, (2) CB51-TE Outdoor Bullet Cameras, (7) Arm Mounts, (7) Pendant Cap Mounts, (1 Pole Mounts, (3) Corner Mount
$83,752.20 1.00 $83,752.20
Verkada EKCPH2ACBUNDLE Phase (2) - Verkada Access Control Bundle includes (4) AC41 4 Door Controllers and (13) AD32 Multi-format Card Readers. $8,095.77 1.00 $8,095.77 EKC CMAS NUMBER: 3-21-11-1009
Verkada CMAS NUMBER 3-19-00-0523A
SCOPE OF WORK - PHASE 1
Provide/install (13) category 6A data drops as specified. (1) each to a total of (13) new IP Camera locations Installation includes: cable, jacks, surface mount box, patch panel, patch cords, j-hook cable supports, and 3/4" EMT/Liquid Tight Flexible conduit as needed.
Installation only of (23) customer provided IP Cameras and mounts. (13) new IP cameras and (10) existing IP camera locations.
Installation includes: mount, aim, and focus of cameras.
System setup and configuration.
Perform End User Training.
Phase 1 - This project will be completed in approximately 8-10 days.
SCOPE OF WORK - PHASE 2
Provide/install (4) category 6A data drops as specified. (1) each to a total of (4) Door Controllers.
Installation includes: cable, jacks, surface mount box, patch panel, patch cords, j-hook cable supports, and 3/4" EMT/Liquid Tight Flexible conduit as needed.
Installation only of (32) customer provided IP Cameras and mounts. (32) new IP camera locations with existing data cables.
Installation includes: mount, aim, and focus of cameras.
Installation only of (4) customer provided Access Controllers.
Installation only of (13) customer provided Door Readers.
System setup and configuration.
Perform access control programming & configuration.
Perform access control system verification testing with the facility representative for final acceptance testing.
Perform End-User training.
Phase 2 - This project will be completed in approximately 8-10 days.
Assumptions:
MDF/IDF locations within 300' from Camera location
All cable pathways are existing through drop tile or accessible ceiling spaces.
All access control system cabling is existing and working.
All specified access control doors have existing electrified hardware installed and properly functioning.
All Camera and Mounting hardware to be provided by "Others" and shipped to site Available network switch ports with PoE at MDF/IDF for specified cameras.
Customer to provide network switch port assignment by MDF/IDF for specified cameras prior to project start Network ports to be configured by customer prior to project start.
EKC will have access to all MDF/IDF rooms and cabinets prior to start of work.
All work shall take place as indicated in the project schedule. The EKC normal working hours are Monday through Friday, from 7:00 am – 4:00 pm
Installation will proceed consecutively from the start of the job to the completion of the job without work stoppages.
STANDARD EXCLUSIONS:
* Communication/Low Voltage Systems: AC Power, Network Switches, Network Routers, UPS Backup, POE Injectors, Access Points, Grounding Bonding, roof mount conduit/underground Conduit, Cable Tray/Wire Baskets, Ground Grand Total $340,146.58
Scope of Work
Trenching of any kind, Switch Configuration/Programming, Drawings/Engineering/Permit Fees, Patching or Painting, Inventory tracking/asset tags, or any other item not specifically mentioned above. *Troubleshooting of any existing cabling/patch cords.
*Troubleshooting of any existing electrified door hardware. *Door hardware modification.
*Replacement/modification of any doors
This proposal/quotation shall remain in effect for the next (30) days, after which, it will be subject for review Procurement Division
707 Third Street, 2nd Floor, MS #2-202
West Sacramento, CA 95605-2811
State of California
MULTIPLE AWARD SCHEDULE
EKC Enterprises, Inc. Categories Information
CMAS NUMBER: 3-21-11-1009
CMAS TERM DATES: 11/08/2021 through 09/30/2023
CMAS CATEGORY: Information Technology Goods & Services
APPLICABLE
TERMS & CONDITIONS:
June 7, 2019
(www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/
CMAS/IT-CMAS-Terms-and-Conditions.ashx?la=en&
hash=B41342080DE511121ECC253A04D62AC90CED
6123)
MAXIMUM ORDER LIMIT:
State Agencies: See Purchasing Authority
Dollar Threshold provision
Local Government Agencies: Unlimited
FOR USE BY: State & Local Government Agencies
BASE PEPPM #: 530203-001
BASE PEPPM HOLDER: Troxell Communications, Inc.
This California Multiple Award Schedule (CMAS) provides for the purchase, warranty, and installation of hardware, hardware maintenance and repair services, software, software maintenance as a product, and cloud computing services. (See page 3 for the restrictions applicable to this CMAS.) NOTICE: Products and/or services on this CMAS may be available on a Mandatory Statewide Contracts. If this is the case, the use of this CMAS is restricted unless the State agency has an approved exemption as explained in the Statewide Contract User Instructions. Information regarding Statewide Contracts can be obtained at the: Statewide Contract Index Listing (www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Acquisitions/StatewideContracts). This requirement is not applicable to local government agencies.
Buyers must verify that the CMAS vendor has a letter of authorization from the manufacturer or an authorized distributor for the sale of the products covered by this CMAS. Service specific letters of authorization from the manufacturer are required if the CMAS vendor is providing installation, maintenance, and repair services.
The services provided under this CMAS are only available in support of the products covered by this CMAS.
Original Signature on File Effective Date: 11/08/2021
KATELYNNE LEISENRING, Program Analyst, California Multiple Award Schedules Unit
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 2 The most current Ordering Instructions and Special Provisions, CMAS Terms and Conditions, and products and/or services are included herein. All purchase orders issued by State agencies shall incorporate these Ordering Instructions and Special Provisions and CMAS Terms and Conditions.
Agency non-compliance with the requirements may result in the loss of delegated authority to use the CMAS program.
CMAS contractor non-compliance with the requirements may result in termination.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 3
CMAS PRODUCT & SERVICE CODES
Product & Service Codes listed below are for marketing purposes only. Review the base contract for the products and/or services available.
Audio/Video-Switching Systems
Boards-Electronic Whiteboard
Brand-3M
Cable-Telecommunication
AVAILABLE PRODUCTS AND/OR SERVICES
All of the products in the base contract are available within the scope of this CMAS.
The ordering agency must verify all products and/or services, and pricing are currently available on the Pennsylvania Education Purchasing Program for Microcomputers (PEPPM) schedule at the PEPPM website (www.peppm.org).
The agency is required to verify PEPPM pricing by following these instructions:
• Go to the PEPPM website (www.peppm.org).
• Create user identification and password.
• Select manufacturer.
EXCLUDED PRODUCTS AND/OR SERVICES
Software maintenance as a service and any line items listed without a “PEPPM price” are not available under this CMAS.
ISSUE PURCHASE ORDER TO
Agency purchase orders must be sent to the following:
EKC Enterprises, Inc.
4658 East Weathermaker Avenue
Fresno, CA 93703
Attn: Chris Shafer
E-mail: [email protected]
Agencies with questions regarding products and/or services may contact the CMAS contractor as follows:
Contact: Chris Shafer
Phone: (559) 438-0330
E-mail: [email protected]
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 4 TOP 500 DELINQUENT TAXPAYERS
In accordance with Public Contract Code (PCC) 10295.4, and prior to placing an order for IT goods and/or services, agencies must verify with the Franchise Tax Board and the California Department of Tax and Fee Administration that this CMAS contractor’s name does not appear on either list of the 500 largest tax delinquencies pursuant to Revenue and Taxation Code 7063 or 19195. See next paragraph for information.
The Franchise Tax Board’s list of Top 500 Delinquent Taxpayers is available at www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html.
The California Department of Tax and Fee Administration’s list of Top 500 Sales & Use Tax Delinquencies in California is available at www.cdtfa.ca.gov/taxes-and-fees/top500.htm.
CALIFORNIA SELLER’S PERMIT
The CMAS contractor’s California Seller’s Permit Number is 102409870. Prior to placing an order with this company, agencies must verify that this permit is still valid at the California Department of Tax and Fee Administration website (cdtfa.ca.gov).
MINIMUM ORDER LIMITATION
There is no minimum dollar value limitation on orders placed under this CMAS.
CMAS PRICES
The maximum prices allowed for the products and/or services available are those set forth in the base contract.
The ordering agency is encouraged to seek prices lower than those in the base contract. When responding to an agency’s Request for Offer (RFO), the CMAS contractor can offer lower prices to be competitive.
ACQUISITION OF IAAS AND/OR PAAS
If using this CMAS for the purpose of acquiring Infrastructure as a Service (IaaS) and/or Platform as a Service (PaaS), State agencies must first obtain approval to use this CMAS from the California Department of Technology (CDT) in accordance with TL 17-06 (www.cdt.ca.gov/wpcontent/uploads/2017/08/TL-17-06.pdf). State agencies must document CDT’s approval and maintain in the procurement file. Contact CDT for all questions related to the acquisition of IaaS and PaaS and TL 17-06.
CALIFORNIA CIVIL RIGHTS LAW CERTIFICATION
Pursuant to PCC 2010, effective January 1, 2017, applicants must certify their compliance with the California Civil Rights laws and Employer Discriminatory Policies (Civil Code 51, GC 12960). It is the agency’s responsibility to verify that the contractor has a California Civil Rights Law Certification on file.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 5
WARRANTY
For warranties, see the base contract, the CMAS Terms and Conditions, General Provisions, and CMAS Warranty.
DELIVERY
As negotiated between agency and CMAS contractor and included in the purchase order.
SHIPPING INSTRUCTIONS
F.O.B. (Free On Board) Destination. Seller pays the freight charges for orders over $500.
F.O.B. (Free On Board) Origin. Buying agency pays the freight charges for orders under $500.
State agencies shall follow the instructions below whenever the weight of the purchase is 100-lbs or more and F.O.B. Destination, Freight Prepaid is not used. This requirement is not applicable to local government agencies.
All shipments will be made by ground transportation unless otherwise ordered on the purchase order.
Before placing order, contact DGS Transportation Management Unit (TMU) to determine the routing of freight shipments. The TMU contact information can be found at the TMU website (www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-AccordionList/Acquisitions/Transportation-Management). You will need to provide Transportation Management with the point of origin and destination. They will also want to know the commodity being shipped and the estimated shipping weight of the order. If shipping overnight, the account number must be included.
Routing information should be shown on the face of the purchase order in the format shown below.
Shipping Instructions:
Supplier route via:
Carrier’s telephone number:
Annotate bill/s of lading as follows:
“Freight for account of State of California. Tender Number: applies. State of California Purchase Order Number: SHIP FREIGHT COLLECT.” Estimated Freight charges:
.
If supplier is unable to use this carrier, contact TMU.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 6 The following statement must be noted on the purchase order when the commodities are being shipped via United Parcel Service (UPS) and the State is paying directly to UPS (Collect).
Shipping Instructions:
Supplier route via United Parcel Service (ground).
State of California, Department of UPS account number applies.
State of California Purchase Order Number . SHIP COLLECT. Estimated UPS charges: .
If supplier is unable to use UPS, contact TMU.
CMAS Contractor Note: Additional shipping costs incurred by deviation to above shipping instructions without Transportation Management approval shall be charged to the CMAS contractor.
PURCHASING AUTHORITY DOLLAR THRESHOLD
Order limits for the purchase of goods and/or services is determined by the individual agency purchasing authority threshold.
No CMAS order may be executed by a State agency that exceeds that agency’s purchasing authority threshold. State agencies with approved purchasing authority, along with their dollar thresholds can be obtained at the List of State Departments with Approved Purchasing Authority website (www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-ListFolder/List-of-State-Departments-with-Approved-Purchasing-Authority).
HOW TO USE CMAS
Agencies must adhere to the detailed requirements in the State Contracting Manual (SCM) when using CMAS. The requirements for the following bullets are in SCM, Volume 2, Chapter 6 (for nonIT), SCM, Volume 3, Chapter 6 (for IT), and SCM, Volume FISCal, Chapter 5 (FISCal):
• Develop an RFO, which includes a Scope of Work (SOW) and Bidder Declaration form. For information on the Bidder Declaration requirements, see SCM, Volume 2, Chapter 3, 3.5.7 and Volume 3, Chapter 3, 3.4.7.
• Search for potential CMAS contractors on the CMAS website (www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-AccordionList/Acquisitions/California-Multiple-Award-Schedules) and select “Find a CMAS Contractor.”
• Request offers from a minimum of 3 CMAS contractors including one small business (SB) and/or Disabled Veteran Business Enterprise (DVBE), if available, who are authorized to sell the products and/or services needed.
• If requesting offers from a certified DVBE, include the Disabled Veteran Business Enterprise Declarations form (Standard 843) in the RFO. This declaration must be completed and returned by the DVBE prime contractor and/or any DVBE subcontractors. (See SCM Volumes 2, 3, and FISCal, Chapter 3).
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 7 • This is not a bid transaction, so the small business preference, DVBE incentives, protest language, intent to award, evaluation criteria, advertising, etc., are not applicable. • If less than 3 offers are received, State agencies must document their file with the reasons why the other suppliers did not respond with an offer.
• Assess the offers received using best value methodology, with cost as one of the criteria. • Issue a Purchase Order to the selected CMAS contractor. • For CMAS transactions under $10,000, only one offer is required if the State agency can establish and document that the price is fair and reasonable. The fair and reasonable method can only be used for non-customizable purchases.
SPLITTING ORDERS
Splitting orders to avoid any monetary limitations is prohibited.
Do not circumvent normal procurement methods by splitting purchases into a series of delegated purchase orders, per PCC 10329.
Splitting a project into small projects to avoid either fiscal or procedural controls is prohibited, per State Administrative Manual (SAM) 4819.34.
ORDERING PROCEDURES
1. Purchase Orders
All Ordering Agency purchase order documents executed under this CMAS must contain the applicable CMAS number as show on page 1.
a. State Departments:
Standard 65 Purchase Documents – State departments not transacting in FISCal must use the Purchasing Authority Purchase Order (Standard 65) for purchase execution. An electronic version of the Standard 65 is available at the Department of General Services (DGS), Procurement Division (PD) website
(www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx), select Standard (STD) Forms.
FISCAL Purchase Documents – State departments transacting in FISCal will follow the FISCal procurement and contracting procedures.
b. Local Government Agencies:
Local government agencies may use their own purchase order document for purchase execution.
The agency is required to complete and distribute the purchase order. For services, the agency shall modify the information contained on the order to include the service period (start and end date), and the monthly cost (or other intermittent cost), and any other information pertinent to the services. The cost for each line item must be included in the order, not just system totals.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 8 The contractor must immediately reject purchase orders that are not accurate. Discrepancies are to be negotiated and incorporated into the purchase order prior to product delivery and service implementation.
2. Service and Delivery after CMAS Expiration
The purchase order must be issued before the CMAS expires. However, delivery of the products or completion of the services may be after the CMAS expires (unless otherwise specifically stated in the purchase order). Amending the purchase order to add quantity, time, or money is not possible if the CMAS expired.
3. Multiple CMAS Agreements on a Single Purchase Order
Agencies wishing to include multiple CMAS agreements on a single FISCal purchase order must adhere to the following guidelines:
• All CMAS must be for the same CMAS contractor.
• The purchase order must go to one contractor location. • Enter the word “CMAS” in the space reserved for the Leveraged Procurement Agreement (LPA) number. The word “CMAS” signifies that the purchase order contains items from multiple CMAS agreements. The purchasing agency may only use one bill code. • For each individual CMAS, the agency must identify and group together the CMAS number with the line items and subtotal per CMAS number (do not include tax in the subtotal), and sequentially identify each individual CMAS as Sub #1, Sub #2, Sub #3, etc. This facilitates accurate billing of administrative fees by the Procurement Division. • The total of all items on the purchase order must not exceed the purchase order limit identified in the CMAS.
• Do not combine items from IT and non-IT CMAS agreements. An Information Technology CMAS begins with the number “3” and a non-IT CMAS begins with the number “4.” The purchase order limits are different for these CMAS agreements.
4. Amendments to State Agency's Purchase Orders
Agency purchase orders cannot be amended if the CMAS has expired.
SCM, Volumes 2 & 3, Chapter 6, 6.A5.0 and SCM, Volume FISCal, Chapter 5, 5.A4.0 provides the following direction regarding amendments to all types of LPA purchase orders:
Original orders, which include options for changes (e.g., quantity or time), that were evaluated and considered in the selection for award during the RFO process, may be amended consistent with the terms of the original order, provided that the original order allowed for amendments. If the original order did not evaluate options, then amendments are not allowed unless an NCB is approved for those amendments.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 9 Amendments unique to non-IT services are covered in SCM, Volume 2, Chapter 6, 6.B2.9 and SCM, Volume FISCal, Chapter 5, 5.A4.1 as follows:
If the original contract permitted amendments, but did not specify the changes (e.g., quantity or time), it may be amended, per Public Contract Code (PCC) § 10335 (d)(1). Only a contract may be amended once under this exemption. The time shall not exceed one year, or add not more than 30% of the original order value and may not exceed $250,000. If the original contract did not have language permitting amendments, the NCB process must be followed.
CMAS CONTRACTOR OWNERSHIP INFORMATION
The CMAS contractor is a certified SB enterprise. Their Office of Small Business and DVBE Services (OSDS) certification number 2003864 expires on 02/28/2022.
If this certification has expired, the current expiration date should be verified at Cal eProcure (caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx). The OSDS contact information can be found on the OSDS website (www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-IntroAccordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/CertificationProgram). Note that some companies have been assigned a new certification number, so use the company name and/or certification number when checking status on-line.
SMALL BUSINESS MUST BE CONSIDERED
Prior to placing orders under the CMAS program, State agencies shall whenever practicable first consider offers from small businesses that have established CMAS (GC 14846(b)). NOTE: DGS auditors will request substantiation of compliance with this requirement when agency files are reviewed.
CMAS Small Business and Disabled Veteran Partners lists (www.dgs.ca.gov/PD/About/PageContent/PD-Branch-Intro-Accordion-List/Acquisitions/California-Multiple-Award-Schedules) can be found on the CMAS website by selecting “Find a CMAS Contractor”.
In response to our commitment to increase participation by small businesses, the Department of General Services waives the administrative fee (a fee charged to customer agencies to support the CMAS program) for orders to California certified small business enterprises.
SMALL BUSINESS/DVBE - TRACKING
State agencies are able to claim subcontracting dollars towards their SB or DVBE goals whenever the CMAS contractor subcontracts a commercially useful function to a certified SB or DVBE. The CMAS contractor will provide the ordering agency with the name of the SB or DVBE used and the dollar amount the ordering agency can apply towards its SB or DVBE goal.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 10
SMALL BUSINESS/DVBE - SUBCONTRACTING
1. The amount an ordering agency can claim towards achieving its SB or DVBE goals is the dollar amount of the subcontract award made by the CMAS contractor to each SB or DVBE.
2. The CMAS contractor will provide an ordering agency with the following information at the time the order is quoted:
a. The CMAS contractor will state that, as the prime contractor, it shall be responsible for the overall execution of the fulfillment of the order.
b. The CMAS contractor will indicate to the ordering agency how the order meets the SB or DVBE goal, as follows:
i. List the name of each company that is certified by the Office of Small Business and DVBE Services that it intends to subcontract a commercially useful function to; and ii. Include the SB or DVBE certification number of each company listed, and attach a copy of each certification; and
iii. Indicate the dollar amount of each subcontract with a SB or DVBE that may be claimed by the ordering agency towards the SB or DVBE goal; and iv. Indicate what commercially useful function the SB or DVBE subcontractor will be providing towards fulfillment of the order.
3. The ordering agency’s purchase order must be addressed to the prime contractor, and the purchase order must reference the information provided by the prime contractor as outlined above.
WITHHOLD LANGUAGE (SB588)
Option 1 – Withhold Language
Upon delivery or completion of ordered goods or services for which the Contractor committed to DVBE subcontractor participation, state departments must require the Contractor to certify all the following:
1. The amount and percentage of work the Contractor committed to provide to one or more DVBEs under the requirements of the contract and the amount each DVBE received from the Contractor.
2. That all payments under the contract have been made to the DVBE. Upon request, the Contractor must provide proof of payment for the work.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 11 In accordance with the Military and Veterans Code 999.7, state departments shall withhold $10,000 from the final payment, or the full final payment if less than $10,000, if the Contractor fails to meet the certification requirements identified above. State departments shall notify the Contractor of their failure to meet the certification requirements and give the Contractor an opportunity to comply with the certification requirements. If after 30 calendar days from the date of notice, the Contractor refuses to comply with the certification requirements, the state department shall permanently deduct $10,000 from the final payment, or the full payment if less than $10,000.
Option 2 – No Withhold Language
During the contract term and upon completion of the contract for which a DVBE subcontractor commitment was made, DGS-PD will require the Contractor to certify all participation commitments and payments under the contract have been made to the DVBE. Upon request by DGS-PD, the Contractor shall provide proof of payment for the work.
PRODUCT SUBSTITUTIONS
Substitution of Deliverables may not be tendered without advance written consent of the Buyer.
The Contractor must offer an equivalent or newer model of the product from the same manufacturer at the same or lower price. Contractor cannot use any specification in lieu of those contained in the Contract without written consent from the Buyer.
NEW EQUIPMENT REQUIRED
The State will procure new equipment. All equipment must be new (or warranted as newly manufactured) and the latest model in current production. Used, shopworn, demonstrator, prototype, or discontinued models are not acceptable.
Where Federal Energy Management Program (FEMP) standards are available, all State agencies shall purchase only those products that meet the recommended standards. All products displaying the Energy Star label meet the FEMP standards.
SPECIAL MANUFACTURED GOODS
Any CMAS for goods to be manufactured by the CMAS contractor specifically for the State and not suitable for sale to others may require progress payments.
TRADE-IN EQUIPMENT
Trade-ins at open market price may be considered. The product description and trade-in allowance must be identified on the purchase order.
Agencies are required to adhere to SAM 3520 through 3520.6, Disposal of Personal Property and Surplus Personal Property, as applicable, when trade-ins are considered. A Property Survey Report, Standard 152, must be submitted for approval prior to disposition of any State-owned personal property, including general office furniture regardless of the acquisition value, or if the property was recorded or capitalized for accounting purposes.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 12
STATE AGENCY BUY RECYCLED CAMPAIGN
State ordering agencies are required to report purchases made within the eleven product categories in the California Department of Resources Recycling and Recovery’s State Agency Buy Recycled Campaign per PCC 12200 through 12217.
Contractor will be required to complete and return a Recycled-Content Certification form (www.calrecycle.ca.gov/contracts/forms) upon request by the state ordering agency.
ELECTRONIC WASTE RECYCLING
State agencies are required to recycle state owned surplus electronic equipment that has no useful life remaining (E-Waste) to the maximum extent possible. State agencies shall dispose of E-Waste using the services of the California Prison Industry Authority (CALPIA), unless the agency meets the pickup quantity and location exemption criteria detailed in SAM 3520.10. Electronic equipment that is usable and still retains value is not considered E-Waste and must be reutilized through DGS, Office of Fleet and Asset Management (OFAM) Surplus Personal Property Warehouse.
State agencies shall determine which equipment meets the definition of E-Waste or reusable Electronic Equipment, per the definitions provided in the SAM Management Memo (MM) 17-06.
OFAM will validate that equipment meets the appropriate definition when reviewing the submitted Property Survey Report (Standard 152).
The electronic waste recycling fee must be shown as a line item on the agency purchase order before the CMAS contractor can include it on their invoice.
See SAM 3520.10 for more information on this policy.
Information for submitting a Standard 152 can be found on the DGS OFAM surplus property website (www.dgs.ca.gov/RESD/Resources/Page-Content/Real-Estate-Services-DivisionResources-List-Folder/DGS-Surplus-Property-Homepage).
Information on the E-Waste - CALPIA Store and the E-Waste Exemption Request Form EWRF400 can be found at catalog.calpia.ca.gov/services/e-waste/#/.
PRODUCT INSTALLATION
The CMAS contractor is fully responsible for all installation services performed under the CMAS.
Product installations must be performed by manufacturer authorized personnel and meet manufacturer documented specifications.
The prime contractor, as well as any subcontractors, must hold any certifications and/or licenses required for the project.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 13
PUBLIC WORKS (INSTALLATION SERVICES ONLY)
A public works contract is defined as an agreement for “the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind” in accordance with PCC 1101. State agencies planning these types of projects need to review SCM, Volume 1, Chapters 10 and 11 for applicable guidelines and regulations. Visit the DGS, Real Estate Services Division (RESD) website (www.dgs.ca.gov/RESD) if you have questions about public works transactions.
Agency CMAS purchase orders may allow for public works installation only when it is incidental to the total purchase order amount.
Agencies are to ensure that the applicable laws and codes pertaining to the contractor and subcontractor licensing, prevailing wage rates, bonding, labor code requirements, etc., are adhered to by the prime contractor as well as any subcontractor during performance under the CMAS purchase order.
The bond amount for public works is not less than 100% of the purchase order price.
NOTE: In accordance with Labor Code (LC) 1773.2, the ordering agency is responsible for determining the appropriate craft, classification or type of worker needed for any contract for public works. Also, the agency is to specify the applicable prevailing wage rates as determined by the Director of the Department of Industrial Relations (DIR). In lieu of specifying the prevailing wage rates, the agency may include a statement on the order that the prevailing wage rates are on file at the agency’s office and will be made available upon request. The prevailing wage rates are available from DIR at www.dir.ca.gov (select Statistics & Research).
Bonds: For guidelines, see CMAS, General Terms and Conditions, Public Works Requirements.
State Contractor’s License: Public works services can be obtained through CMAS only if incidental to the overall purchase order. If incidental public works services are included in the purchase order, prior to issuing the order agencies should contact the State Contractor’s License Board (www.cslb.ca.gov) to verify that the Contractor’s License shown below is still active and in good standing.
The CMAS contractor’s California Contractor's License number is 916095. This is a Class C-7 Low Voltage Systems and C-10 Electrical license that is valid through 10/31/2023.
Cable and Wire: Cable and wire products that are purchased under this CMAS must be for information technology projects only (computers, telecommunications, and security systems) and cannot be used for general purpose installations.
Purchase orders for cable and wire installation services only are prohibited.
Cable and wire installations under this CMAS must be installed and tested to EIA/TIA Standards.
Agency questions regarding the purchase and/or installation of cable and wire for computers and/or telecommunications may be directed to the California Department of Technology, Statewide Telecommunications and Network Division.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 14
PRODUCTIVE USE REQUIREMENTS
The customer in-use requirement applies to all procurements of information technology equipment and software, per SCM, Volume 3, Chapter 2, 2.B6.2 and SCM, Volume FISCal, Chapter 2, 2.E3.2.
Each equipment or software component must be in current operation for a paying customer and the paying customer must be external to the contractor’s organization (not owned by the contractor and not owning the contractor).
To substantiate compliance with the Productive Use Requirements, the CMAS contractor must provide upon request the name and address of a customer installation and the name and telephone number of a contact person.
The elapsed time such equipment or software must have been in operation is based upon the importance of the equipment or software for system operation and its cost. The following designates product categories and the required period of time for equipment or software operation prior to approval of the replacement item on CMAS.
Category 1 - Critical Software: Critical software is software that is required to control the overall operation of a computer system or peripheral equipment. Included in this category are operating systems, data base management systems, language interpreters, assemblers and compilers, communications software, and other essential system software.
Cost Installation Final Bid Submission
More than $100,000 8 months 6 months
$10,000 up to $100,000 4 months 3 months
Less than $10,000 1 month 1 month
Category 2 - All Information Technology Equipment and Non-Critical Software: Information technology equipment is defined in SAM 4819.2.
Cost Installation Final Bid Submission
More than $100,000 6 months 4 months
$10,000 up to $100,000 4 months 3 months
Less than $10,000 1 month 1 month
NOT SPECIFICALLY PRICED ITEMS
The only time that open market/incidental, non-schedule items may be included in a CMAS order is when they fall under the parameters of the Not Specifically Priced (NSP) Items provision.
CMAS contractors must be authorized providers of the hardware, software and/or services they offer under the NSP Items provision.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 15 Agency and CMAS contractor use of the NSP provision is subject to the following requirements:
1. Purchase orders containing only NSP items are prohibited.
2. A purchase order containing NSP items may be issued only if it results in the lowest overall alternative to the State.
3. NSP items shall be clearly identified in the order. Any product or service already specifically priced and included in the base contract may not be identified as an NSP item.
4. NSP Installation Services: The CMAS contractor is fully responsible for all installation services performed under the CMAS. Product installations must be performed by manufacturer authorized personnel and meet manufacturer documented specifications. The prime contractor, as well as any subcontractors, must hold any certifications and/or licenses required for the project. The total dollar value of all installation services included in the purchase order cannot exceed the dollar value of the products included in the purchase order, nor can they exceed the NSP Maximum Order Limitation.
5. Maximum Order Limitation: For orders $250,000, or less, the total dollar value of all NSP items included in a purchase order shall not exceed $5,000. For orders exceeding $250,000, and at the option of the contractor, the total dollar value of all NSP items in a purchase order shall not exceed 5% of the total cost of the order or $25,000 whichever is lower.
6. An NSP item included in an order issued against a CMAS is subject to all of the terms and conditions set forth in the contract.
7. Trade-ins, upgrades, involving the swapping of boards, are permissible, where the contract makes specific provisions for this action. In those instances, where it is permitted, the purchase order must include the replacement item and a notation that the purchase involves the swapping of a board.
The following NSP items are specifically excluded from any order issued under this CMAS:
1. Items not intended for use in direct support of the priced items included in the same order.
An NSP item must be subordinate to the specifically priced item that it is supporting. For example, a cable, which is not otherwise specifically priced in the base contract, is subordinate to a specifically priced printer or facsimile machine and is eligible to be an NSP item subject to that cable meeting the remaining NSP requirements. However, a printer or facsimile machine, which is not otherwise specifically priced in the base contract, is not subordinate to a specifically priced cable, and is not eligible to be an NSP item.
2. Supply type items, except for the minimum amount necessary to provide initial support to the priced items included in the same order.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 16
3. Items that do not meet the Productive Use Requirements for information technology products, per SCM, Volume 3, Chapter 2, 2.B6.2 and SCM, Volume FISCal, Chapter 2,
2.E3.2.
4. Any other item or class of items specifically excluded from the scope of this CMAS.
5. Public Works components NOT incidental to the total purchase order amount.
6. Products or services the CMAS contractor is NOT factory authorized or otherwise certified or trained to provide.
7. Follow-on consultant services that were previously recommended or suggested by the same CMAS contractor.
The CMAS contractor is required to reject purchase orders containing NSP items that do not conform to the above requirements. The CMAS contractor will promptly notify the agency issuing the non-conforming order of its non-acceptance and the reasons for its non-acceptance.
STATE AND LOCAL GOVERNMENTS CAN USE CMAS
State and local government agency use of CMAS is optional. A local government is any city, county, city and county, district, or other local governmental body or corporation, including Universities of California, California State Universities, K-12 schools, and community colleges empowered to expend public funds. While the State makes this CMAS available, each local government agency should make its own determination whether the CMAS program is consistent with its procurement policies and regulations.
PCC 10298 allows any city, county, city and county, district, or other local governmental body or corporation empowered to expend public funds to contract with suppliers awarded CMAS without further competitive bidding.
See complete PCC 10298 language at
(leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC§ionNum=10298).
PCC 10299 allows any school district empowered to expend public funds to utilize CMAS without further competitive bidding.
See complete PCC 10299 language at
(leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC§ionNum=10299).
UPDATES AND/OR CHANGES
A CMAS supplement is not required for updates and/or changes once the update and/or change becomes effective for the base contract, except as follows:
• A CMAS supplement is required when the CMAS is based on specific products and/or services from another contractor’s multiple award contract and the contractor wants to add a new manufacturer’s products and/or services.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 17 • A CMAS supplement is required for new federal contract terms and conditions that constitute a material difference from existing contract terms and conditions. A material change has a potentially significant effect on the delivery, quantity or quality of items provided, the amount paid to the contractor or on the cost to the State.
SELF-DELETING BASE CONTRACT TERMS AND CONDITIONS
Instructions, or terms and conditions that appear in the Special Items or other provisions of the base contract and apply to the purchase, license, or rental (as applicable) of products or services by the US Government in the United States, and/or to any overseas location shall be self-deleting. (Example: "Examinations of Records" provision).
Federal regulations and standards, such as Federal Acquisition Regulation, Federal Information Resources Management Regulation, Federal Information Processing Standards, General Services Administration Regulation, or Federal Installment Payment Agreement shall be self-deleting.
Federal blanket orders and small order procedures are not applicable.
ORDER OF PRECEDENCE
The CMAS Terms and Conditions takes precedence if there is a conflict between the terms and conditions of the contractor's base contract, packaging, invoices, catalogs, brochures, technical data sheets or other documents (see CMAS Terms and Conditions, CONFLICT OF TERMS).
APPLICABLE CODES, POLICIES AND GUIDELINES
All California codes, policies, and guidelines are applicable. The use of CMAS does not reduce or relieve state agencies of their responsibility to meet statewide requirements regarding contracting or the procurement of goods or services. Most procurement and contract codes, policies, and guidelines are incorporated into CMAS agreements. Nonetheless, there is no guarantee that every possible requirement that pertains to all the different and unique State processes has been included.
PAYMENTS AND INVOICES
1. Payment Terms
Payment terms for this CMAS are net 45 days.
Payment will be made in accordance with the provisions of the California Prompt Payment Act, GC 927. Unless expressly exempted by statute, the Act requires State agencies to pay properly submitted, undisputed invoices not more than 45 days after (1) the date of acceptance of goods or performance of services; or (2) receipt of an undisputed invoice, whichever is later.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 18
2. Payee Data Record (Standard 204)
State Agencies not transacting in FISCal, must obtain a copy of the Payee Data Record (Standard 204) in order to process payments. State Ordering Agencies must forward a copy of the Standard 204 to their accounting offices. Without the Standard 204, payment may be unnecessarily delayed. State Agencies should contact the CMAS contractor for copies of the Payee Data Record.
3. DGS Administrative and Incentive Fees
Orders from State Agencies:
DGS will bill each State agency directly an administrative fee for use of CMAS. The administrative fee should NOT be included in the order total or remitted before an invoice is received from DGS. This administrative fee is waived for CMAS purchase orders issued to California certified small businesses.
Orders from Local Government Agencies:
CMAS contractors, who are not California certified small businesses, are required to remit to DGS an incentive fee equal to a percentage of the total of all local government agency orders (excluding sales tax and shipping) placed against their CMAS.
The incentive fee is waived for CMAS purchase orders issued to California certified small businesses.
4. Contractor Invoices
Unless otherwise stipulated, the CMAS contractor must send their invoices to the agency address set forth in the purchase order. Invoices shall be submitted in triplicate and shall include the following:
• CMAS number
• Agency purchase order number
• Agency Bill Code (State Only)
• Line item number
• Unit price
• Extended line item price
• Invoice total
State sales tax and/or use tax shall be itemized separately and added to each invoice as applicable.
The company name on the CMAS, purchase order and invoice must match or the State Controller’s Office will not approve payment.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 19
5. Advance Payments
Advance payment is allowed for services only under limited, narrowly defined circumstances, i.e., between specific departments and certain types of non-profit organizations, or when paying another government agency (GC 11256 through 11263 and 11019).
It is NOT acceptable to pay in advance, except software maintenance and license fees, which are considered a subscription and may be paid in advance if a provision addressing payment in advance is included in the purchase order.
Software warranty upgrades and extensions may also be paid for in advance, one time.
6. Credit Card
The CMAS contractor accepts the State of California credit card (CAL-Card).
A purchase order is required even when the ordering department chooses to pay the CMAS contractor via the CAL-Card.
7. Leasing/Financing
California State Agencies are required to utilize the Golden State Financial Marketplace (GS SMart) program for all financing and leasing needs. California Local Government Agencies (counties, cities, K-12 school districts, community colleges, California State Universities, Universities of California, etc.) may utilize the GS SMart program for financing and leasing according to PCC 14937. The minimum dollar amount for Local Government Agency financing and leasing is $100,000.
8. Lease/Purchase Analysis
State agencies must complete a Lease/Purchase Analysis (LPA) to determine best value when contemplating a lease/rental and retain a copy for future audit purposes (SAM 3710).
For short-term rental equipment, the lease/purchase analysis must be approved by DGS Office of legal Services.
The lease/purchase analysis for all other purchases must be approved by the Department of General Services, GS SMart State Financial Marketplace. Buyers may contact the GS SMart Administrator, Kris Bianchini via e-mail at [email protected] for further information.
9. Leasing
The State reserves the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS SMart and/or Lease SMart). If payment is via the financial marketplace, the Supplier will invoice the State and the State will approve the invoice and the selected Lender/Lessor for all product listed on the State’s procurement document will pay the supplier on behalf of the State.
Buyers may contact the GS SMart Administrator, Kris Bianchini via e-mail at [email protected] for further information.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 20
10.Maintenance Tax
The California Department of Tax and Fee Administration has ruled that in accordance with Section 1546 of the Sales and Use Tax Regulations of the Business Taxes Law Guide, whenever optional maintenance contracts include consumable supplies, such supplies are subject to sales tax.
Generally, the State has two options:
1. For agreements that provide for only maintenance services (i.e., the furnishing of labor and parts necessary to maintain equipment), the charges for the provision of maintenance services are not taxable.
2. For agreements that provide for both maintenance services and consumable supply items (i.e., toner, developer, and staples, for example), the provision of the consumable supplies is considered a taxable sale of tangible personal property. Therefore, State agencies awarding optional maintenance contracts are responsible for paying the applicable sales tax on the consumable supplies used during the performance period of the maintenance contract.
The Contractor will be required to itemize the taxable consumables for State accounting purposes.
OBTAINING COPY OF ORIGINAL CMAS AND SUPPLEMENTS
A copy of a CMAS and supplements, if any, can be obtained at Cal eProcure (caleprocure.ca.gov).
A complete CMAS consists of the following:
• CMAS cover pages (which includes the signature page, ordering instructions and special provisions, and any attachments or exhibits as prepared by the CMAS Unit) • CMAS Terms and Conditions.
• Base contract terms and conditions
• Product/service listing and prices
• Supplements, if applicable.
It is important for the agency to confirm that the required products, services, and prices are included in the CMAS and are at or below base contract rates. To streamline substantiation that the needed items are in the base contract, the agencies should ask the CMAS contractor to identify the specific pages from the base contract that include the required products, services, and prices. Agencies should save these pages for their file documentation.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 21
CONTRACTORS ACTING AS FISCAL AGENTS ARE PROHIBITED
When a subcontractor ultimately provides all of the products or performs all of the services that a CMAS contractor has agreed to provide, and the prime contractor only handles the invoicing of expenditures, then the prime contractor's role becomes that of a fiscal agent because it is merely administrative in nature and does not provide a Commercially Useful Function. It is unacceptable to use fiscal agents in this manner because the agency is paying unnecessary administrative costs.
AGENCY RESPONSIBILITY
Each agency is responsible for its own contracting program and purchasing decisions, including use of the CMAS program and associated outcomes.
This responsibility includes, but is not necessarily limited to, ensuring the necessity of the services, securing appropriate funding, complying with laws and policies, preparing the purchase order in a manner that safeguards the State’s interests, obtaining required approvals, and documenting compliance with GC 19130.b (3) for outsourcing services.
It is the responsibility of each agency to consult as applicable with their legal staff and contracting offices for advice depending upon the scope or complexity of the purchase order.
If you do not have legal services available to you within your agency, DGS Office of Legal Services is available to provide services.
CONFLICT OF INTEREST
Agencies must evaluate the proposed purchase order to determine if there are any potential conflict of interest issues. See the CMAS Terms and Conditions, Conflict of Interest, for more information.
FEDERAL DEBARMENT
When federal funds are being expended, the agency is required to obtain (retain in file) a signed “Federal Debarment” certification from the CMAS contractor before the purchase order is issued.
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants; responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).
CONTRACTOR TRAVEL
The Travel provision is not applicable to this CMAS.
LIQUIDATED DAMAGES FOR LATE DELIVERY
The value of the liquidated damages cannot be a penalty, must be mutually agreed upon by agency and contractor and included in the purchase order to be applicable.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 22
ACCEPTANCE TESTING CRITERIA
If the agency wants to include acceptance testing for all newly installed technology systems, and individual equipment, and machines which are added or field modified (modification of a machine from one model to another) after a successful performance period, the test criteria must be included in the purchase order to be applicable.
AMERICANS WITH DISABILITY ACT
To view the DGS Accessibility Policy, please visit www.dgs.ca.gov/Configuration/Footer-UtilityLinks/Accessibility/Accessibility.
STAFF REPORT
City of Lancaster
NB 2
10/11/2022
JC
Date: October 11, 2022
To: Mayor Parris and City Council Members
From: Rodrick Armalin, Director of Public Safety
Subject: Purchase and Installation of Public Safety Community Office Camera & Door Access Control Panels
Recommendation:
Approve the following:
The purchase and installation of cameras for the Public Safety Community Office. There will be 18 Cameras, 2 Security Door Access Control Panels, One Node and One Equipment Rack purchased for a cost of $154,041.19. This project includes a 10-year license to access application to view cameras and camera footage which will be stored in the cloud. This is one of many parts of the multi-part program to update City security.
Fiscal Impact:
The City’s Fiscal Year 2022-2023 budget includes the funding of $154,041.19 for the proposed Public Safety Community Office from account 101-4800-301.
Background:
The City of Lancaster has looked into installing a camera system on the Public Safety Community Office to enhance safety and security. The City followed the CMAS process, with EKC Enterprises receiving the work.
Attachment:
EKC Enterprises Quote California Multiple Award Schedule Public Safety Community Office Floor Plan
PLEASE SUBMIT PO'S TO [email protected]
Community Safety Office
EKC CMAS NUMBER: 3-21-11-1009
Verkada CMAS NUMBER 3-19-00-0523A
Ship To Name City of Lancaster
44933 Fern Avenue
Lancaster, CA 93534
United States
Bill To
Bill To Name City of Lancaster
Email [email protected]
Prepared By Joel Murillo
Quote Number 22-SFQU-000307
Expiration Date 10/31/2022
4658 E. Weathermaker Created Date 9/15/2022
Fresno, CA 93703
US
Company Address
Terms & Condition
Manufacturer Model No./ SKU Product Description Net Unit Price Quantity Total Price
EKC
Enterprises,
Inc
EKCLPSL
EKC LABOR/INSTALLATION
Access control labor
Door hardware Installation
installation of owner furnished AC-41s
Testing
Camera system labor
concrete coring
Camera Installation
Aim and focusing
Cable Rough in
T-bar areas
Hard Lid areas
Patch Panel termination
Camera and access control system
programming
Firewall Penetration
$37,752.75 1.00 $37,752.75
EKC
Enterprises,
Inc
Liftrental EKC Lift Rental $2,300.00 1.00 $2,300.00
MATERIALS FOR INSTALLATION
Hikvision RPM - Parapet wall mount bracket Qty (5)
Composite Cable Qty (2)
Public Safety- Community Safety Office
Grand Total $154,041.19
Freight Cost $2,005.99
Tax $7,307.57
Total Price $144,727.63
EKC
Enterprises,
Inc
EKCMFI
Adams Rite electrified crash bar Qty (2)
12/24 VDC door strike Qty (1)
Armored door cord Qty (2)
3/4" Recessed door contacts Qty (3)
Request to exit motion Qty (2)
Door release button Qty (2)
Altronix 600ULACM access control power supply Qty (1)
12 Volt 7ah batteries Qty (4)
Green Cat 6A cable Qty (6)
Green CAt6A data jacks Qty (24)
24 port Cat 6A patch panel Qty (1)
Green Cat 6A Patch Cables Qty (21)
J-hook cable supports Qty (400)
Conduit for parapet mounts/Wire Mold for hard lid transitions Qty (1) $20,924.75 1.00 $20,924.75
Verkada AD32-HW Verkada AD32-HW $240.81 2.00 $481.62
Verkada LIC-BA-10Y Verkada 10-Year Alarm License $8,279.31 1.00 $8,279.31 Verkada LIC-10Y Verkada 10-Year Camera License $1,241.31 18.00 $22,343.58 Verkada LIC-AC-10Y Verkada 10-Year Door License $1,379.31 2.00 $2,758.62 Verkada ACC-BAT-4AH Verkada 4AH Backup Battery for AC41, AX11, and BP41 $89.01 1.00 $89.01 Verkada AC41-HW Verkada AC41 4 Door Controller $1,241.31 1.00 $1,241.31 Verkada CB51-365TE-HW Verkada CB51-TE Outdoor Bullet Camera, 5MP, Telephoto Zoom Lens, 2TB of Storage, Maximum 365 Days of Retention $2,552.31 1.00 $2,552.31 Verkada CD52-2TB-HW Verkada CD52 Indoor Dome Camera, 5MP, Zoom Lens, 2TB of Storage, Maximum 365 Days of Retention $2,552.31 3.00 $7,656.93 Verkada CD52-2TBE-HW Verkada CD52-E Outdoor Dome Camera, 5MP, Zoom Lens, 2TB of Storage, Maximum 365 Days of Retention $2,690.31 14.00 $37,664.34 Verkada ACC-MNT-3 Verkada L-Bracket Mount $89.01 5.00 $445.05 Verkada ACC-MNT-8 Verkada Pendant Cap Mount $47.61 5.00 $238.05 Scope of Work
Procurement Division
707 Third Street, 2nd Floor, MS #2-202
West Sacramento, CA 95605-2811
State of California
MULTIPLE AWARD SCHEDULE
EKC Enterprises, Inc. Categories Information
CMAS NUMBER: 3-21-11-1009
CMAS TERM DATES: 11/08/2021 through 09/30/2023
CMAS CATEGORY: Information Technology Goods & Services
APPLICABLE
TERMS & CONDITIONS:
June 7, 2019
(www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/
CMAS/IT-CMAS-Terms-and-Conditions.ashx?la=en&
hash=B41342080DE511121ECC253A04D62AC90CED
6123)
MAXIMUM ORDER LIMIT:
State Agencies: See Purchasing Authority
Dollar Threshold provision
Local Government Agencies: Unlimited
FOR USE BY: State & Local Government Agencies
BASE PEPPM #: 530203-001
BASE PEPPM HOLDER: Troxell Communications, Inc.
This California Multiple Award Schedule (CMAS) provides for the purchase, warranty, and installation of hardware, hardware maintenance and repair services, software, software maintenance as a product, and cloud computing services. (See page 3 for the restrictions applicable to this CMAS.) NOTICE: Products and/or services on this CMAS may be available on a Mandatory Statewide Contracts. If this is the case, the use of this CMAS is restricted unless the State agency has an approved exemption as explained in the Statewide Contract User Instructions. Information regarding Statewide Contracts can be obtained at the: Statewide Contract Index Listing (www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Acquisitions/StatewideContracts). This requirement is not applicable to local government agencies.
Buyers must verify that the CMAS vendor has a letter of authorization from the manufacturer or an authorized distributor for the sale of the products covered by this CMAS. Service specific letters of authorization from the manufacturer are required if the CMAS vendor is providing installation, maintenance, and repair services.
The services provided under this CMAS are only available in support of the products covered by this CMAS.
Original Signature on File Effective Date: 11/08/2021
KATELYNNE LEISENRING, Program Analyst, California Multiple Award Schedules Unit
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 2 The most current Ordering Instructions and Special Provisions, CMAS Terms and Conditions, and products and/or services are included herein. All purchase orders issued by State agencies shall incorporate these Ordering Instructions and Special Provisions and CMAS Terms and Conditions.
Agency non-compliance with the requirements may result in the loss of delegated authority to use the CMAS program.
CMAS contractor non-compliance with the requirements may result in termination.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 3
CMAS PRODUCT & SERVICE CODES
Product & Service Codes listed below are for marketing purposes only. Review the base contract for the products and/or services available.
Audio/Video-Switching Systems
Boards-Electronic Whiteboard
Brand-3M
Cable-Telecommunication
AVAILABLE PRODUCTS AND/OR SERVICES
All of the products in the base contract are available within the scope of this CMAS.
The ordering agency must verify all products and/or services, and pricing are currently available on the Pennsylvania Education Purchasing Program for Microcomputers (PEPPM) schedule at the PEPPM website (www.peppm.org).
The agency is required to verify PEPPM pricing by following these instructions:
• Go to the PEPPM website (www.peppm.org).
• Create user identification and password.
• Select manufacturer.
EXCLUDED PRODUCTS AND/OR SERVICES
Software maintenance as a service and any line items listed without a “PEPPM price” are not available under this CMAS.
ISSUE PURCHASE ORDER TO
Agency purchase orders must be sent to the following:
EKC Enterprises, Inc.
4658 East Weathermaker Avenue
Fresno, CA 93703
Attn: Chris Shafer
E-mail: [email protected]
Agencies with questions regarding products and/or services may contact the CMAS contractor as follows:
Contact: Chris Shafer
Phone: (559) 438-0330
E-mail: [email protected]
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 4 TOP 500 DELINQUENT TAXPAYERS
In accordance with Public Contract Code (PCC) 10295.4, and prior to placing an order for IT goods and/or services, agencies must verify with the Franchise Tax Board and the California Department of Tax and Fee Administration that this CMAS contractor’s name does not appear on either list of the 500 largest tax delinquencies pursuant to Revenue and Taxation Code 7063 or 19195. See next paragraph for information.
The Franchise Tax Board’s list of Top 500 Delinquent Taxpayers is available at www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html.
The California Department of Tax and Fee Administration’s list of Top 500 Sales & Use Tax Delinquencies in California is available at www.cdtfa.ca.gov/taxes-and-fees/top500.htm.
CALIFORNIA SELLER’S PERMIT
The CMAS contractor’s California Seller’s Permit Number is 102409870. Prior to placing an order with this company, agencies must verify that this permit is still valid at the California Department of Tax and Fee Administration website (cdtfa.ca.gov).
MINIMUM ORDER LIMITATION
There is no minimum dollar value limitation on orders placed under this CMAS.
CMAS PRICES
The maximum prices allowed for the products and/or services available are those set forth in the base contract.
The ordering agency is encouraged to seek prices lower than those in the base contract. When responding to an agency’s Request for Offer (RFO), the CMAS contractor can offer lower prices to be competitive.
ACQUISITION OF IAAS AND/OR PAAS
If using this CMAS for the purpose of acquiring Infrastructure as a Service (IaaS) and/or Platform as a Service (PaaS), State agencies must first obtain approval to use this CMAS from the California Department of Technology (CDT) in accordance with TL 17-06 (www.cdt.ca.gov/wpcontent/uploads/2017/08/TL-17-06.pdf). State agencies must document CDT’s approval and maintain in the procurement file. Contact CDT for all questions related to the acquisition of IaaS and PaaS and TL 17-06.
CALIFORNIA CIVIL RIGHTS LAW CERTIFICATION
Pursuant to PCC 2010, effective January 1, 2017, applicants must certify their compliance with the California Civil Rights laws and Employer Discriminatory Policies (Civil Code 51, GC 12960). It is the agency’s responsibility to verify that the contractor has a California Civil Rights Law Certification on file.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 5
WARRANTY
For warranties, see the base contract, the CMAS Terms and Conditions, General Provisions, and CMAS Warranty.
DELIVERY
As negotiated between agency and CMAS contractor and included in the purchase order.
SHIPPING INSTRUCTIONS
F.O.B. (Free On Board) Destination. Seller pays the freight charges for orders over $500.
F.O.B. (Free On Board) Origin. Buying agency pays the freight charges for orders under $500.
State agencies shall follow the instructions below whenever the weight of the purchase is 100-lbs or more and F.O.B. Destination, Freight Prepaid is not used. This requirement is not applicable to local government agencies.
All shipments will be made by ground transportation unless otherwise ordered on the purchase order.
Before placing order, contact DGS Transportation Management Unit (TMU) to determine the routing of freight shipments. The TMU contact information can be found at the TMU website (www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-AccordionList/Acquisitions/Transportation-Management). You will need to provide Transportation Management with the point of origin and destination. They will also want to know the commodity being shipped and the estimated shipping weight of the order. If shipping overnight, the account number must be included.
Routing information should be shown on the face of the purchase order in the format shown below.
Shipping Instructions:
Supplier route via:
Carrier’s telephone number:
Annotate bill/s of lading as follows:
“Freight for account of State of California. Tender Number: applies. State of California Purchase Order Number: SHIP FREIGHT COLLECT.” Estimated Freight charges:
.
If supplier is unable to use this carrier, contact TMU.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 6 The following statement must be noted on the purchase order when the commodities are being shipped via United Parcel Service (UPS) and the State is paying directly to UPS (Collect).
Shipping Instructions:
Supplier route via United Parcel Service (ground).
State of California, Department of UPS account number applies.
State of California Purchase Order Number . SHIP COLLECT. Estimated UPS charges: .
If supplier is unable to use UPS, contact TMU.
CMAS Contractor Note: Additional shipping costs incurred by deviation to above shipping instructions without Transportation Management approval shall be charged to the CMAS contractor.
PURCHASING AUTHORITY DOLLAR THRESHOLD
Order limits for the purchase of goods and/or services is determined by the individual agency purchasing authority threshold.
No CMAS order may be executed by a State agency that exceeds that agency’s purchasing authority threshold. State agencies with approved purchasing authority, along with their dollar thresholds can be obtained at the List of State Departments with Approved Purchasing Authority website (www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-ListFolder/List-of-State-Departments-with-Approved-Purchasing-Authority).
HOW TO USE CMAS
Agencies must adhere to the detailed requirements in the State Contracting Manual (SCM) when using CMAS. The requirements for the following bullets are in SCM, Volume 2, Chapter 6 (for nonIT), SCM, Volume 3, Chapter 6 (for IT), and SCM, Volume FISCal, Chapter 5 (FISCal):
• Develop an RFO, which includes a Scope of Work (SOW) and Bidder Declaration form. For information on the Bidder Declaration requirements, see SCM, Volume 2, Chapter 3, 3.5.7 and Volume 3, Chapter 3, 3.4.7.
• Search for potential CMAS contractors on the CMAS website (www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-AccordionList/Acquisitions/California-Multiple-Award-Schedules) and select “Find a CMAS Contractor.”
• Request offers from a minimum of 3 CMAS contractors including one small business (SB) and/or Disabled Veteran Business Enterprise (DVBE), if available, who are authorized to sell the products and/or services needed.
• If requesting offers from a certified DVBE, include the Disabled Veteran Business Enterprise Declarations form (Standard 843) in the RFO. This declaration must be completed and returned by the DVBE prime contractor and/or any DVBE subcontractors. (See SCM Volumes 2, 3, and FISCal, Chapter 3).
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 7 • This is not a bid transaction, so the small business preference, DVBE incentives, protest language, intent to award, evaluation criteria, advertising, etc., are not applicable. • If less than 3 offers are received, State agencies must document their file with the reasons why the other suppliers did not respond with an offer.
• Assess the offers received using best value methodology, with cost as one of the criteria. • Issue a Purchase Order to the selected CMAS contractor. • For CMAS transactions under $10,000, only one offer is required if the State agency can establish and document that the price is fair and reasonable. The fair and reasonable method can only be used for non-customizable purchases.
SPLITTING ORDERS
Splitting orders to avoid any monetary limitations is prohibited.
Do not circumvent normal procurement methods by splitting purchases into a series of delegated purchase orders, per PCC 10329.
Splitting a project into small projects to avoid either fiscal or procedural controls is prohibited, per State Administrative Manual (SAM) 4819.34.
ORDERING PROCEDURES
1. Purchase Orders
All Ordering Agency purchase order documents executed under this CMAS must contain the applicable CMAS number as show on page 1.
a. State Departments:
Standard 65 Purchase Documents – State departments not transacting in FISCal must use the Purchasing Authority Purchase Order (Standard 65) for purchase execution. An electronic version of the Standard 65 is available at the Department of General Services (DGS), Procurement Division (PD) website
(www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx), select Standard (STD) Forms.
FISCAL Purchase Documents – State departments transacting in FISCal will follow the FISCal procurement and contracting procedures.
b. Local Government Agencies:
Local government agencies may use their own purchase order document for purchase execution.
The agency is required to complete and distribute the purchase order. For services, the agency shall modify the information contained on the order to include the service period (start and end date), and the monthly cost (or other intermittent cost), and any other information pertinent to the services. The cost for each line item must be included in the order, not just system totals.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 8 The contractor must immediately reject purchase orders that are not accurate. Discrepancies are to be negotiated and incorporated into the purchase order prior to product delivery and service implementation.
2. Service and Delivery after CMAS Expiration
The purchase order must be issued before the CMAS expires. However, delivery of the products or completion of the services may be after the CMAS expires (unless otherwise specifically stated in the purchase order). Amending the purchase order to add quantity, time, or money is not possible if the CMAS expired.
3. Multiple CMAS Agreements on a Single Purchase Order
Agencies wishing to include multiple CMAS agreements on a single FISCal purchase order must adhere to the following guidelines:
• All CMAS must be for the same CMAS contractor.
• The purchase order must go to one contractor location. • Enter the word “CMAS” in the space reserved for the Leveraged Procurement Agreement (LPA) number. The word “CMAS” signifies that the purchase order contains items from multiple CMAS agreements. The purchasing agency may only use one bill code. • For each individual CMAS, the agency must identify and group together the CMAS number with the line items and subtotal per CMAS number (do not include tax in the subtotal), and sequentially identify each individual CMAS as Sub #1, Sub #2, Sub #3, etc. This facilitates accurate billing of administrative fees by the Procurement Division. • The total of all items on the purchase order must not exceed the purchase order limit identified in the CMAS.
• Do not combine items from IT and non-IT CMAS agreements. An Information Technology CMAS begins with the number “3” and a non-IT CMAS begins with the number “4.” The purchase order limits are different for these CMAS agreements.
4. Amendments to State Agency's Purchase Orders
Agency purchase orders cannot be amended if the CMAS has expired.
SCM, Volumes 2 & 3, Chapter 6, 6.A5.0 and SCM, Volume FISCal, Chapter 5, 5.A4.0 provides the following direction regarding amendments to all types of LPA purchase orders:
Original orders, which include options for changes (e.g., quantity or time), that were evaluated and considered in the selection for award during the RFO process, may be amended consistent with the terms of the original order, provided that the original order allowed for amendments. If the original order did not evaluate options, then amendments are not allowed unless an NCB is approved for those amendments.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 9 Amendments unique to non-IT services are covered in SCM, Volume 2, Chapter 6, 6.B2.9 and SCM, Volume FISCal, Chapter 5, 5.A4.1 as follows:
If the original contract permitted amendments, but did not specify the changes (e.g., quantity or time), it may be amended, per Public Contract Code (PCC) § 10335 (d)(1). Only a contract may be amended once under this exemption. The time shall not exceed one year, or add not more than 30% of the original order value and may not exceed $250,000. If the original contract did not have language permitting amendments, the NCB process must be followed.
CMAS CONTRACTOR OWNERSHIP INFORMATION
The CMAS contractor is a certified SB enterprise. Their Office of Small Business and DVBE Services (OSDS) certification number 2003864 expires on 02/28/2022.
If this certification has expired, the current expiration date should be verified at Cal eProcure (caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx). The OSDS contact information can be found on the OSDS website (www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-IntroAccordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/CertificationProgram). Note that some companies have been assigned a new certification number, so use the company name and/or certification number when checking status on-line.
SMALL BUSINESS MUST BE CONSIDERED
Prior to placing orders under the CMAS program, State agencies shall whenever practicable first consider offers from small businesses that have established CMAS (GC 14846(b)). NOTE: DGS auditors will request substantiation of compliance with this requirement when agency files are reviewed.
CMAS Small Business and Disabled Veteran Partners lists (www.dgs.ca.gov/PD/About/PageContent/PD-Branch-Intro-Accordion-List/Acquisitions/California-Multiple-Award-Schedules) can be found on the CMAS website by selecting “Find a CMAS Contractor”.
In response to our commitment to increase participation by small businesses, the Department of General Services waives the administrative fee (a fee charged to customer agencies to support the CMAS program) for orders to California certified small business enterprises.
SMALL BUSINESS/DVBE - TRACKING
State agencies are able to claim subcontracting dollars towards their SB or DVBE goals whenever the CMAS contractor subcontracts a commercially useful function to a certified SB or DVBE. The CMAS contractor will provide the ordering agency with the name of the SB or DVBE used and the dollar amount the ordering agency can apply towards its SB or DVBE goal.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 10
SMALL BUSINESS/DVBE - SUBCONTRACTING
1. The amount an ordering agency can claim towards achieving its SB or DVBE goals is the dollar amount of the subcontract award made by the CMAS contractor to each SB or DVBE.
2. The CMAS contractor will provide an ordering agency with the following information at the time the order is quoted:
a. The CMAS contractor will state that, as the prime contractor, it shall be responsible for the overall execution of the fulfillment of the order.
b. The CMAS contractor will indicate to the ordering agency how the order meets the SB or DVBE goal, as follows:
i. List the name of each company that is certified by the Office of Small Business and DVBE Services that it intends to subcontract a commercially useful function to; and ii. Include the SB or DVBE certification number of each company listed, and attach a copy of each certification; and
iii. Indicate the dollar amount of each subcontract with a SB or DVBE that may be claimed by the ordering agency towards the SB or DVBE goal; and iv. Indicate what commercially useful function the SB or DVBE subcontractor will be providing towards fulfillment of the order.
3. The ordering agency’s purchase order must be addressed to the prime contractor, and the purchase order must reference the information provided by the prime contractor as outlined above.
WITHHOLD LANGUAGE (SB588)
Option 1 – Withhold Language
Upon delivery or completion of ordered goods or services for which the Contractor committed to DVBE subcontractor participation, state departments must require the Contractor to certify all the following:
1. The amount and percentage of work the Contractor committed to provide to one or more DVBEs under the requirements of the contract and the amount each DVBE received from the Contractor.
2. That all payments under the contract have been made to the DVBE. Upon request, the Contractor must provide proof of payment for the work.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 11 In accordance with the Military and Veterans Code 999.7, state departments shall withhold $10,000 from the final payment, or the full final payment if less than $10,000, if the Contractor fails to meet the certification requirements identified above. State departments shall notify the Contractor of their failure to meet the certification requirements and give the Contractor an opportunity to comply with the certification requirements. If after 30 calendar days from the date of notice, the Contractor refuses to comply with the certification requirements, the state department shall permanently deduct $10,000 from the final payment, or the full payment if less than $10,000.
Option 2 – No Withhold Language
During the contract term and upon completion of the contract for which a DVBE subcontractor commitment was made, DGS-PD will require the Contractor to certify all participation commitments and payments under the contract have been made to the DVBE. Upon request by DGS-PD, the Contractor shall provide proof of payment for the work.
PRODUCT SUBSTITUTIONS
Substitution of Deliverables may not be tendered without advance written consent of the Buyer.
The Contractor must offer an equivalent or newer model of the product from the same manufacturer at the same or lower price. Contractor cannot use any specification in lieu of those contained in the Contract without written consent from the Buyer.
NEW EQUIPMENT REQUIRED
The State will procure new equipment. All equipment must be new (or warranted as newly manufactured) and the latest model in current production. Used, shopworn, demonstrator, prototype, or discontinued models are not acceptable.
Where Federal Energy Management Program (FEMP) standards are available, all State agencies shall purchase only those products that meet the recommended standards. All products displaying the Energy Star label meet the FEMP standards.
SPECIAL MANUFACTURED GOODS
Any CMAS for goods to be manufactured by the CMAS contractor specifically for the State and not suitable for sale to others may require progress payments.
TRADE-IN EQUIPMENT
Trade-ins at open market price may be considered. The product description and trade-in allowance must be identified on the purchase order.
Agencies are required to adhere to SAM 3520 through 3520.6, Disposal of Personal Property and Surplus Personal Property, as applicable, when trade-ins are considered. A Property Survey Report, Standard 152, must be submitted for approval prior to disposition of any State-owned personal property, including general office furniture regardless of the acquisition value, or if the property was recorded or capitalized for accounting purposes.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 12
STATE AGENCY BUY RECYCLED CAMPAIGN
State ordering agencies are required to report purchases made within the eleven product categories in the California Department of Resources Recycling and Recovery’s State Agency Buy Recycled Campaign per PCC 12200 through 12217.
Contractor will be required to complete and return a Recycled-Content Certification form (www.calrecycle.ca.gov/contracts/forms) upon request by the state ordering agency.
ELECTRONIC WASTE RECYCLING
State agencies are required to recycle state owned surplus electronic equipment that has no useful life remaining (E-Waste) to the maximum extent possible. State agencies shall dispose of E-Waste using the services of the California Prison Industry Authority (CALPIA), unless the agency meets the pickup quantity and location exemption criteria detailed in SAM 3520.10. Electronic equipment that is usable and still retains value is not considered E-Waste and must be reutilized through DGS, Office of Fleet and Asset Management (OFAM) Surplus Personal Property Warehouse.
State agencies shall determine which equipment meets the definition of E-Waste or reusable Electronic Equipment, per the definitions provided in the SAM Management Memo (MM) 17-06.
OFAM will validate that equipment meets the appropriate definition when reviewing the submitted Property Survey Report (Standard 152).
The electronic waste recycling fee must be shown as a line item on the agency purchase order before the CMAS contractor can include it on their invoice.
See SAM 3520.10 for more information on this policy.
Information for submitting a Standard 152 can be found on the DGS OFAM surplus property website (www.dgs.ca.gov/RESD/Resources/Page-Content/Real-Estate-Services-DivisionResources-List-Folder/DGS-Surplus-Property-Homepage).
Information on the E-Waste - CALPIA Store and the E-Waste Exemption Request Form EWRF400 can be found at catalog.calpia.ca.gov/services/e-waste/#/.
PRODUCT INSTALLATION
The CMAS contractor is fully responsible for all installation services performed under the CMAS.
Product installations must be performed by manufacturer authorized personnel and meet manufacturer documented specifications.
The prime contractor, as well as any subcontractors, must hold any certifications and/or licenses required for the project.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 13
PUBLIC WORKS (INSTALLATION SERVICES ONLY)
A public works contract is defined as an agreement for “the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind” in accordance with PCC 1101. State agencies planning these types of projects need to review SCM, Volume 1, Chapters 10 and 11 for applicable guidelines and regulations. Visit the DGS, Real Estate Services Division (RESD) website (www.dgs.ca.gov/RESD) if you have questions about public works transactions.
Agency CMAS purchase orders may allow for public works installation only when it is incidental to the total purchase order amount.
Agencies are to ensure that the applicable laws and codes pertaining to the contractor and subcontractor licensing, prevailing wage rates, bonding, labor code requirements, etc., are adhered to by the prime contractor as well as any subcontractor during performance under the CMAS purchase order.
The bond amount for public works is not less than 100% of the purchase order price.
NOTE: In accordance with Labor Code (LC) 1773.2, the ordering agency is responsible for determining the appropriate craft, classification or type of worker needed for any contract for public works. Also, the agency is to specify the applicable prevailing wage rates as determined by the Director of the Department of Industrial Relations (DIR). In lieu of specifying the prevailing wage rates, the agency may include a statement on the order that the prevailing wage rates are on file at the agency’s office and will be made available upon request. The prevailing wage rates are available from DIR at www.dir.ca.gov (select Statistics & Research).
Bonds: For guidelines, see CMAS, General Terms and Conditions, Public Works Requirements.
State Contractor’s License: Public works services can be obtained through CMAS only if incidental to the overall purchase order. If incidental public works services are included in the purchase order, prior to issuing the order agencies should contact the State Contractor’s License Board (www.cslb.ca.gov) to verify that the Contractor’s License shown below is still active and in good standing.
The CMAS contractor’s California Contractor's License number is 916095. This is a Class C-7 Low Voltage Systems and C-10 Electrical license that is valid through 10/31/2023.
Cable and Wire: Cable and wire products that are purchased under this CMAS must be for information technology projects only (computers, telecommunications, and security systems) and cannot be used for general purpose installations.
Purchase orders for cable and wire installation services only are prohibited.
Cable and wire installations under this CMAS must be installed and tested to EIA/TIA Standards.
Agency questions regarding the purchase and/or installation of cable and wire for computers and/or telecommunications may be directed to the California Department of Technology, Statewide Telecommunications and Network Division.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 14
PRODUCTIVE USE REQUIREMENTS
The customer in-use requirement applies to all procurements of information technology equipment and software, per SCM, Volume 3, Chapter 2, 2.B6.2 and SCM, Volume FISCal, Chapter 2, 2.E3.2.
Each equipment or software component must be in current operation for a paying customer and the paying customer must be external to the contractor’s organization (not owned by the contractor and not owning the contractor).
To substantiate compliance with the Productive Use Requirements, the CMAS contractor must provide upon request the name and address of a customer installation and the name and telephone number of a contact person.
The elapsed time such equipment or software must have been in operation is based upon the importance of the equipment or software for system operation and its cost. The following designates product categories and the required period of time for equipment or software operation prior to approval of the replacement item on CMAS.
Category 1 - Critical Software: Critical software is software that is required to control the overall operation of a computer system or peripheral equipment. Included in this category are operating systems, data base management systems, language interpreters, assemblers and compilers, communications software, and other essential system software.
Cost Installation Final Bid Submission
More than $100,000 8 months 6 months
$10,000 up to $100,000 4 months 3 months
Less than $10,000 1 month 1 month
Category 2 - All Information Technology Equipment and Non-Critical Software: Information technology equipment is defined in SAM 4819.2.
Cost Installation Final Bid Submission
More than $100,000 6 months 4 months
$10,000 up to $100,000 4 months 3 months
Less than $10,000 1 month 1 month
NOT SPECIFICALLY PRICED ITEMS
The only time that open market/incidental, non-schedule items may be included in a CMAS order is when they fall under the parameters of the Not Specifically Priced (NSP) Items provision.
CMAS contractors must be authorized providers of the hardware, software and/or services they offer under the NSP Items provision.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 15 Agency and CMAS contractor use of the NSP provision is subject to the following requirements:
1. Purchase orders containing only NSP items are prohibited.
2. A purchase order containing NSP items may be issued only if it results in the lowest overall alternative to the State.
3. NSP items shall be clearly identified in the order. Any product or service already specifically priced and included in the base contract may not be identified as an NSP item.
4. NSP Installation Services: The CMAS contractor is fully responsible for all installation services performed under the CMAS. Product installations must be performed by manufacturer authorized personnel and meet manufacturer documented specifications. The prime contractor, as well as any subcontractors, must hold any certifications and/or licenses required for the project. The total dollar value of all installation services included in the purchase order cannot exceed the dollar value of the products included in the purchase order, nor can they exceed the NSP Maximum Order Limitation.
5. Maximum Order Limitation: For orders $250,000, or less, the total dollar value of all NSP items included in a purchase order shall not exceed $5,000. For orders exceeding $250,000, and at the option of the contractor, the total dollar value of all NSP items in a purchase order shall not exceed 5% of the total cost of the order or $25,000 whichever is lower.
6. An NSP item included in an order issued against a CMAS is subject to all of the terms and conditions set forth in the contract.
7. Trade-ins, upgrades, involving the swapping of boards, are permissible, where the contract makes specific provisions for this action. In those instances, where it is permitted, the purchase order must include the replacement item and a notation that the purchase involves the swapping of a board.
The following NSP items are specifically excluded from any order issued under this CMAS:
1. Items not intended for use in direct support of the priced items included in the same order.
An NSP item must be subordinate to the specifically priced item that it is supporting. For example, a cable, which is not otherwise specifically priced in the base contract, is subordinate to a specifically priced printer or facsimile machine and is eligible to be an NSP item subject to that cable meeting the remaining NSP requirements. However, a printer or facsimile machine, which is not otherwise specifically priced in the base contract, is not subordinate to a specifically priced cable, and is not eligible to be an NSP item.
2. Supply type items, except for the minimum amount necessary to provide initial support to the priced items included in the same order.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 16
3. Items that do not meet the Productive Use Requirements for information technology products, per SCM, Volume 3, Chapter 2, 2.B6.2 and SCM, Volume FISCal, Chapter 2,
2.E3.2.
4. Any other item or class of items specifically excluded from the scope of this CMAS.
5. Public Works components NOT incidental to the total purchase order amount.
6. Products or services the CMAS contractor is NOT factory authorized or otherwise certified or trained to provide.
7. Follow-on consultant services that were previously recommended or suggested by the same CMAS contractor.
The CMAS contractor is required to reject purchase orders containing NSP items that do not conform to the above requirements. The CMAS contractor will promptly notify the agency issuing the non-conforming order of its non-acceptance and the reasons for its non-acceptance.
STATE AND LOCAL GOVERNMENTS CAN USE CMAS
State and local government agency use of CMAS is optional. A local government is any city, county, city and county, district, or other local governmental body or corporation, including Universities of California, California State Universities, K-12 schools, and community colleges empowered to expend public funds. While the State makes this CMAS available, each local government agency should make its own determination whether the CMAS program is consistent with its procurement policies and regulations.
PCC 10298 allows any city, county, city and county, district, or other local governmental body or corporation empowered to expend public funds to contract with suppliers awarded CMAS without further competitive bidding.
See complete PCC 10298 language at
(leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC§ionNum=10298).
PCC 10299 allows any school district empowered to expend public funds to utilize CMAS without further competitive bidding.
See complete PCC 10299 language at
(leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC§ionNum=10299).
UPDATES AND/OR CHANGES
A CMAS supplement is not required for updates and/or changes once the update and/or change becomes effective for the base contract, except as follows:
• A CMAS supplement is required when the CMAS is based on specific products and/or services from another contractor’s multiple award contract and the contractor wants to add a new manufacturer’s products and/or services.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 17 • A CMAS supplement is required for new federal contract terms and conditions that constitute a material difference from existing contract terms and conditions. A material change has a potentially significant effect on the delivery, quantity or quality of items provided, the amount paid to the contractor or on the cost to the State.
SELF-DELETING BASE CONTRACT TERMS AND CONDITIONS
Instructions, or terms and conditions that appear in the Special Items or other provisions of the base contract and apply to the purchase, license, or rental (as applicable) of products or services by the US Government in the United States, and/or to any overseas location shall be self-deleting. (Example: "Examinations of Records" provision).
Federal regulations and standards, such as Federal Acquisition Regulation, Federal Information Resources Management Regulation, Federal Information Processing Standards, General Services Administration Regulation, or Federal Installment Payment Agreement shall be self-deleting.
Federal blanket orders and small order procedures are not applicable.
ORDER OF PRECEDENCE
The CMAS Terms and Conditions takes precedence if there is a conflict between the terms and conditions of the contractor's base contract, packaging, invoices, catalogs, brochures, technical data sheets or other documents (see CMAS Terms and Conditions, CONFLICT OF TERMS).
APPLICABLE CODES, POLICIES AND GUIDELINES
All California codes, policies, and guidelines are applicable. The use of CMAS does not reduce or relieve state agencies of their responsibility to meet statewide requirements regarding contracting or the procurement of goods or services. Most procurement and contract codes, policies, and guidelines are incorporated into CMAS agreements. Nonetheless, there is no guarantee that every possible requirement that pertains to all the different and unique State processes has been included.
PAYMENTS AND INVOICES
1. Payment Terms
Payment terms for this CMAS are net 45 days.
Payment will be made in accordance with the provisions of the California Prompt Payment Act, GC 927. Unless expressly exempted by statute, the Act requires State agencies to pay properly submitted, undisputed invoices not more than 45 days after (1) the date of acceptance of goods or performance of services; or (2) receipt of an undisputed invoice, whichever is later.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 18
2. Payee Data Record (Standard 204)
State Agencies not transacting in FISCal, must obtain a copy of the Payee Data Record (Standard 204) in order to process payments. State Ordering Agencies must forward a copy of the Standard 204 to their accounting offices. Without the Standard 204, payment may be unnecessarily delayed. State Agencies should contact the CMAS contractor for copies of the Payee Data Record.
3. DGS Administrative and Incentive Fees
Orders from State Agencies:
DGS will bill each State agency directly an administrative fee for use of CMAS. The administrative fee should NOT be included in the order total or remitted before an invoice is received from DGS. This administrative fee is waived for CMAS purchase orders issued to California certified small businesses.
Orders from Local Government Agencies:
CMAS contractors, who are not California certified small businesses, are required to remit to DGS an incentive fee equal to a percentage of the total of all local government agency orders (excluding sales tax and shipping) placed against their CMAS.
The incentive fee is waived for CMAS purchase orders issued to California certified small businesses.
4. Contractor Invoices
Unless otherwise stipulated, the CMAS contractor must send their invoices to the agency address set forth in the purchase order. Invoices shall be submitted in triplicate and shall include the following:
• CMAS number
• Agency purchase order number
• Agency Bill Code (State Only)
• Line item number
• Unit price
• Extended line item price
• Invoice total
State sales tax and/or use tax shall be itemized separately and added to each invoice as applicable.
The company name on the CMAS, purchase order and invoice must match or the State Controller’s Office will not approve payment.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 19
5. Advance Payments
Advance payment is allowed for services only under limited, narrowly defined circumstances, i.e., between specific departments and certain types of non-profit organizations, or when paying another government agency (GC 11256 through 11263 and 11019).
It is NOT acceptable to pay in advance, except software maintenance and license fees, which are considered a subscription and may be paid in advance if a provision addressing payment in advance is included in the purchase order.
Software warranty upgrades and extensions may also be paid for in advance, one time.
6. Credit Card
The CMAS contractor accepts the State of California credit card (CAL-Card).
A purchase order is required even when the ordering department chooses to pay the CMAS contractor via the CAL-Card.
7. Leasing/Financing
California State Agencies are required to utilize the Golden State Financial Marketplace (GS SMart) program for all financing and leasing needs. California Local Government Agencies (counties, cities, K-12 school districts, community colleges, California State Universities, Universities of California, etc.) may utilize the GS SMart program for financing and leasing according to PCC 14937. The minimum dollar amount for Local Government Agency financing and leasing is $100,000.
8. Lease/Purchase Analysis
State agencies must complete a Lease/Purchase Analysis (LPA) to determine best value when contemplating a lease/rental and retain a copy for future audit purposes (SAM 3710).
For short-term rental equipment, the lease/purchase analysis must be approved by DGS Office of legal Services.
The lease/purchase analysis for all other purchases must be approved by the Department of General Services, GS SMart State Financial Marketplace. Buyers may contact the GS SMart Administrator, Kris Bianchini via e-mail at [email protected] for further information.
9. Leasing
The State reserves the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS SMart and/or Lease SMart). If payment is via the financial marketplace, the Supplier will invoice the State and the State will approve the invoice and the selected Lender/Lessor for all product listed on the State’s procurement document will pay the supplier on behalf of the State.
Buyers may contact the GS SMart Administrator, Kris Bianchini via e-mail at [email protected] for further information.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 20
10.Maintenance Tax
The California Department of Tax and Fee Administration has ruled that in accordance with Section 1546 of the Sales and Use Tax Regulations of the Business Taxes Law Guide, whenever optional maintenance contracts include consumable supplies, such supplies are subject to sales tax.
Generally, the State has two options:
1. For agreements that provide for only maintenance services (i.e., the furnishing of labor and parts necessary to maintain equipment), the charges for the provision of maintenance services are not taxable.
2. For agreements that provide for both maintenance services and consumable supply items (i.e., toner, developer, and staples, for example), the provision of the consumable supplies is considered a taxable sale of tangible personal property. Therefore, State agencies awarding optional maintenance contracts are responsible for paying the applicable sales tax on the consumable supplies used during the performance period of the maintenance contract.
The Contractor will be required to itemize the taxable consumables for State accounting purposes.
OBTAINING COPY OF ORIGINAL CMAS AND SUPPLEMENTS
A copy of a CMAS and supplements, if any, can be obtained at Cal eProcure (caleprocure.ca.gov).
A complete CMAS consists of the following:
• CMAS cover pages (which includes the signature page, ordering instructions and special provisions, and any attachments or exhibits as prepared by the CMAS Unit) • CMAS Terms and Conditions.
• Base contract terms and conditions
• Product/service listing and prices
• Supplements, if applicable.
It is important for the agency to confirm that the required products, services, and prices are included in the CMAS and are at or below base contract rates. To streamline substantiation that the needed items are in the base contract, the agencies should ask the CMAS contractor to identify the specific pages from the base contract that include the required products, services, and prices. Agencies should save these pages for their file documentation.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 21
CONTRACTORS ACTING AS FISCAL AGENTS ARE PROHIBITED
When a subcontractor ultimately provides all of the products or performs all of the services that a CMAS contractor has agreed to provide, and the prime contractor only handles the invoicing of expenditures, then the prime contractor's role becomes that of a fiscal agent because it is merely administrative in nature and does not provide a Commercially Useful Function. It is unacceptable to use fiscal agents in this manner because the agency is paying unnecessary administrative costs.
AGENCY RESPONSIBILITY
Each agency is responsible for its own contracting program and purchasing decisions, including use of the CMAS program and associated outcomes.
This responsibility includes, but is not necessarily limited to, ensuring the necessity of the services, securing appropriate funding, complying with laws and policies, preparing the purchase order in a manner that safeguards the State’s interests, obtaining required approvals, and documenting compliance with GC 19130.b (3) for outsourcing services.
It is the responsibility of each agency to consult as applicable with their legal staff and contracting offices for advice depending upon the scope or complexity of the purchase order.
If you do not have legal services available to you within your agency, DGS Office of Legal Services is available to provide services.
CONFLICT OF INTEREST
Agencies must evaluate the proposed purchase order to determine if there are any potential conflict of interest issues. See the CMAS Terms and Conditions, Conflict of Interest, for more information.
FEDERAL DEBARMENT
When federal funds are being expended, the agency is required to obtain (retain in file) a signed “Federal Debarment” certification from the CMAS contractor before the purchase order is issued.
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants; responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).
CONTRACTOR TRAVEL
The Travel provision is not applicable to this CMAS.
LIQUIDATED DAMAGES FOR LATE DELIVERY
The value of the liquidated damages cannot be a penalty, must be mutually agreed upon by agency and contractor and included in the purchase order to be applicable.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
EKC ENTERPRISES, INC.
CMAS NO. 3-21-11-1009
November 03, 2021 Ordering Instructions and Special Provisions 22
ACCEPTANCE TESTING CRITERIA
If the agency wants to include acceptance testing for all newly installed technology systems, and individual equipment, and machines which are added or field modified (modification of a machine from one model to another) after a successful performance period, the test criteria must be included in the purchase order to be applicable.
AMERICANS WITH DISABILITY ACT
To view the DGS Accessibility Policy, please visit www.dgs.ca.gov/Configuration/Footer-UtilityLinks/Accessibility/Accessibility.