Tuesday, August 8, 2023
Regular Meeting –
5:00 PM
The City Clerk/Agency/Authority Secretary hereby declares the agenda was posted by 5:00 PM on
Friday, August 4
, 2023
at the entrance to the Lancaster City Hall Council Chambers 44933 Fern Avenue, Lancaster, CA 93534
LEGISLATIVE BODY
City Council/Successor Agency/Financing/Power/California Choice Energy Authority
Mayor/Chair R. Rex Parris
Vice Mayor/Vice Chair Marvin Crist
Council Member/Agency Director/Authority Member Darrell Dorris Council Member/Agency Director/Authority Member Raj Malhi Council Member/Agency Director/Authority Member Ken Mann
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 08/08/2023
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AGENDA ITEMS TO BE REMOVED
Sometimes
it
is
necessary
to
remove
items
from
the
agenda.
We
apologize
for
any
inconvenience
this
may cause you.
PUBLIC BUSINESS FROM THE FLOOR - AGENDIZED
ITEMS
Any
person
who
would
like
to
address
the
Legislative
Bodies
on
any
agendized
item
is
requested
to
complete
a
speaker
card
for
the
City
Clerk/Agency/Authority
Secretary
and
identify
the
agenda
item
you
would
like
to
discuss.
Each
person
will
be
given
an
opportunity
to
address
the
Legislative
Body
at
the
time
such
item
is
discussed.
Speaker
cards
are
available
at
the
rear
of
the
Council
Chambers
and
your
speaker
card
must
be
filled
out
prior
to
the
agenda
item
being
called.
We
respectfully
request
that
you
fill
the
cards
out
completely
and
as
clearly
as
possible.
Following
this
procedure
will
allow
for
a
smooth
and
timely
process
for
the
meeting
and
we
appreciate
your
cooperation.
Individual
speakers
are
limited
to
three
(3)
minutes
each
unless
a
different
time
limit
is announced.
Consent
Calendar
items
under
the
Legislative
Body
may
be
acted
upon
with
one
motion,
a
second
and
the
vote.
If
you
desire
to
speak
on
an
item
or
items
on
the
Consent
Calendar,
you
may
fill
out
one
speaker
card
for
the
Consent
Calendar.
You
will
be
given
three
minutes,
unless
a
different
time
limit
is
announced,
to
address
your
concerns
before
the
Legislative
Body
takes
action
on
the
Consent
Calendar.
CALL TO ORDER
City Council/Successor Agency/Financing/Power/California Choice Energy Authority
ROLL CALL
City Council Members /Agency Directors /Authority Members: Dorris, Malhi, Mann; Vice Mayor/ Vice Chair Crist, Mayor/Chair Parris
INVOCATION
Jeremy Johnson, Grace Resources
PLEDGE OF ALLEGIANCE
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 08/08/2023
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PRESENTATION
1. Proclamation recognizing the heroic acts of two Los Angeles County Sheriff’s Department Officers from the Lancaster Station
Presenter: Mayor Parris
COUNCIL ACTIONS
CONSENT CALENDAR
CC 1. Waive further reading of any proposed ordinance. (This permits reading the title only in lieu of reciting the entire text.)
CC 2. Approve the City Council/Successor Agency/Financing/Power/California Choice Energy Authority Regular Meeting Minutes of July 11, 2023.
CC 3. Monthly Report of Investments – April, May & June 2023.
Accept and approve the submitted April, May, & June 2023 Monthly Report of Investments.
Each month, the Finance Department prepares a report listing the investments for all separate entities under the jurisdiction of the City as identified in the City’s Comprehensive Annual Financial Report.
CC 4. Final Map Approval – Parcel Map No. 84005 (Located on the Southwest Corner of Avenue J and 20th Street West)
Approve the map and accept the dedications as offered on Parcel Map No. 84005, located on the southwest corner of Avenue J and 20 Street West; make findings that this project will not violate any of the provisions of Sections 66473.5, 66474.1 and 66474.6 of the Subdivision Map Act; and instruct the City Clerk to endorse on the face of the map the certificate which embodies the approval of said map and the dedications shown thereon.
On March 8, 2023, the Community Development Department approved Tentative Administrative Parcel Map No. 84005 for subdividing 9.27 acres into eight parcels in the Commercial Planned Development (CPD) zone. The Final Map is in substantial conformance with the approved tentative administrative map. Parcel Map No. 84005 has been examined by the City Surveyor, is in substantial conformance with the approved tentative administrative map, and is ready for Council approval. There are no required conditions of improvements and other associated entitlements for this subdivision.
CC 5. CUP 03-12 - Acceptance of Improvements (Streets)
Approve the developer-constructed streets on the following project. In addition, accept the streets for maintenance by the City and for public use.
Project No.
Location/Owner
Conditional Use Permit No. 03-12 42207 30 Street West
Owner: Antelope Valley Sikh Center
The streets have been constructed and completed by the developer according to the approved plans and specifications. The work has been inspected and found to be satisfactory to the Director - Public Works.
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CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 08/08/2023
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Networking Equipment for City Hall, LPAC, MOAH, Yard and Stadium Approve the purchase of Cisco networking equipment from Logicalis using the National Association of State Procurement Officials (NASPO) ValuePoint Master Agreement #AR3227 with Cisco participating addendum CA #7-20-70-47-01 contract.
The City of Lancaster operates an Internet Protocol (IP) network that allows for electronic data and voice communications between city sites and the wider world. City Hall is the core backbone of the more extensive City-wide network that all electronic communications flow through and the location of the City’s primary data center. In the 2022 fiscal year, the City Council approved modernizing the City Hall data center with new Cisco networking equipment. Building off those improvements, IT recommends updating the network equipment at MOAH, Municipal Stadium, LPAC, and City Yard to provide supported, robust, and secure networking equipment that is also modern, allowing for fast network speeds.
CC 7. Amendment to Extend Professional Services Agreement with Affordable Housing Solutions & Development of Southern California, LLC for an Additional Three Years
1. Approve the Amendment to the Professional Services Agreement with Affordable Housing Solutions & Development of Southern California, LLC (AHS) for an additional three (3) years.
2. Authorize the City Manager, or his designee, to finalize and execute all documents related to the Amendment.
In February 2021, the City entered into an agreement with consultant Affordable Housing Solutions (AHS) following a Request for Proposals (RFP) process to procure technical assistance services related to affordable housing projects, programs, and funding sources. Due to their extensive expertise, thorough familiarity with the City’s existing programs, and current status assisting with the execution of several pending long-term projects, staff proposes to extend the existing Professional Services Agreement for a period of three (3) years.
CC 8. Amendment to Extend Professional Services Agreement with Best, Best & Krieger LLP for an Additional Three Years
1. Approve the Amendment to the Professional Services Agreement with Best, Best & Krieger LLP (BBK) for an additional three (3) years.
2. Authorize the City Manager, or his designee, to finalize and execute all documents related to the amendment.
The City has been utilizing Best, Best & Krieger LLP for legal services since May 2020.
BBK is engaged to provide as-needed affordable housing advice including but not limited to real estate, affordable housing financing, negotiating and memorializing housing transactions and related housing planning, land use, and CEQA work. Additionally, BBK provides as- needed transactional economic development, real estate, and financing work. Because of BBK’s extensive expertise in these areas, as well as their familiarity with several key projects currently underway in the Housing section, staff proposes to extend their existing professional services agreement for an additional three (3) years.
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 08/08/2023
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CC 6.
CC 9.
Amendment
to
Extend
Professional
Services
Agreement
with
SRK
Consulting
LLC
for
an
Additional Three Years
1. Approve the Amendment to the Professional Services Agreement with SRK Consulting LLC (SRK) for an additional three (3) years.
2. Authorize the City Manager, or his designee, to finalize and execute all documents related to the Amendment.
In
July
2022,
the
City
onboarded
SRK
Consulting
LLC
as
a
force
multiplier
for
Housing
staff
following
an
extensive
Request
for
Proposals
(RFP)
process.
SRK
currently
provides
support
to
a
variety
of
programs
and
projects
including,
but
not
limited
to,
the
First
Time
Homebuyer
Program;
the
Housing
Rehabilitation
Program;
Permanent
Local
Housing
Allocation
(PLHA)
monitoring
and
reporting;
annual
Neighborhood
Stabilization
Program
monitoring;
and
annual
Mobilehome
Park
Permits
to
Operate
and
quarterly
report
collection.
Based
on
SRK’s
knowledge
of
these
items
and
current
status
in
the
midst
of
several
projects
with
the
Housing
team,
staff
is
proposing
an
extension
of
their
professional
services
agreement for an additional three (3) years.
CC 10.
Professional Services Agreement - FTI Consulting, Inc.
It is recommended that the City Council approve a Professional Services Agreement with FTI Consulting Inc. (“FTI”) in an amount not to exceed $156,000, and authorize the City Manager, or his designee, to sign all documents.
Since
June
2021,
FTI
Consulting,
and
the
City
of
Lancaster
have
collaborated
to
elevate
the
city
as
a
leading
partner
and
adopter
of
clean
energy
solutions,
notably
hydrogen.
The
City
Manager’s
Office
is
requesting
to
enter
into
a
Professional
Services
Agreement
and
determine
FTI
as
a
Sole
Source
vendor
for
an
overall
Communications
and
Design
Support
Plan
with
Hydrogen
as
the
main
focus
to
support
the
plan.
The
tactics
in
this
plan
are
designed
to
position
Lancaster
as
a
City
in
which
government
and
businesses
are
working
together to develop a thriving hydrogen economy.
CC 11.
Second
Amendment
to
the
Joint
Exercise
of
Powers
Agreement
Relating
to
the
California
Choice Energy Authority
It
is
recommended
that
the
City
Council
review
and
approve
the
second
amendment
to
the
Joint
Exercise
of
Powers
Agreement
relating
to
the
California
Choice
Energy
Authority
(“Agreement”) and authorize the City Manager, or his designee, to sign all documents.
Community
Choice
Aggregation
(CCA)
has
been
a
transformative
model
in
California's
energy
landscape.
Lancaster
made
history
in
2015
as
the
first
California
city
to
establish
a
stand-alone
CCA,
providing
electrical
service
to
nearly
95%
of
all
residents.
The
initial
agreement
allowed
for
amendments
given
a
30-day
notice
to
all
participants
and
the
consent
of
a
majority
of
the
administrative
body,
the
Authority
Board.
In
2017,
the
first
amendment
to
the
agreement
was
enacted.
The
proposed
amendment
reflects
the
evolution
of
the
organization
since
its
inception
and
is
designed
to
adapt
to
the
changing
needs
and
demands
of
its
stakeholders.
One
significant
advantage
of
this
proposed
amendment
is
that
it
would
enhance
compliance
by
providing
a
clear
and
efficient
structure
for
decision-making.
It
offers
clarity in roles, which is crucial for a fully-fledged entity like this.
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 08/08/2023
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NEW BUSINESS
NB 1.
Lancaster Police Department 2023 Dodge Durango Fleet Purchase
Recommendation/s:
1. Approve
the
purchase
of
six
(6)
2023
Dodge
Durango
Law
Enforcement
Vehicles,
utilizing
the
BuyBoard
National
Purchasing
Cooperative
Contract
awarded
to
Dana
Safety
Supply, Inc.
2. Authorize
the
City
Manager
or
his
designee
to
execute
the
National
Purchasing
Cooperative
Interlocal
Participation
Agreement
and
approve
the
not
to
exceed
purchase
amount of $474,030.00 via the BuyBoard National Purchasing Cooperative.
Dana
Safety
Supply
was
founded
in
2005
by
law
enforcement
and
fleet
professionals
to
provide
the
best
equipment
and
expertise
in
public
safety.
Dana
Safety
Supply,
INC
was
awarded
contract
number
698-23
for
Public
Safety
and
Firehouse
Supplies
and
Equipment
by
BuyBoard
National
Purchasing
Cooperative.
Bid
documents
meet
all
State
and
City
requirements
for
competitive
procurement.
Lancaster
Hybrid
Policing
Program
will
be
a
staunch
symbol
of
the
City’s
commitment
to
the
safety
and
security
of
its
citizens.
Our
officers
will
be
highly
accessible
and
visible
to
all
community
members
and
will
work
tirelessly
to
partner
with
Lancaster
citizens
in
addressing
public
safety.
This
unique
community-led
policing
model
starts
with
a
recognizable
police
fleet
that
meets
all
law
enforcement
needs
and
requirements.
These
six
vehicles
will
do
that
and
aid
officers
in
addressing community members’ public safety concerns.
COUNCIL AGENDA
CA 1.
Consideration and action to direct staff regarding formation of Districting Committee.
Presenter: Mayor Parris
COUNCIL REPORTS
CR 1.
Council Reports
CALIFORNIA CHOICE ENERGY AUTHORITY
No action required at this time.
LANCASTER HOUSING AUTHORITY
No action required at this time.
LANCASTER FINANCING AUTHORITY
No action required at this time.
LANCASTER POWER AUTHORITY
No action required at this time.
CITY MANAGER / EXECUTIVE DIRECTOR ANNOUNCEMENTS
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 08/08/2023
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CITY CLERK/AGENCY/AUTHORITY SECRETARY ANNOUNCEMENT
PUBLIC BUSINESS FROM THE FLOOR - NON-AGENDIZED ITEMS
T
his
portion
of
the
agenda
allows
an
individual
the
opportunity
to
address
the
Legislative
Bodies
on
any
item
NOT
ON
THE
AGENDA
regarding
City/Agency/Authority
business
and
speaker
cards
must
be
submitted
prior
to
the
beginning
of
this
portion
of
the
Agenda.
Please
complete
a
speaker
card
for
the
City
Clerk/Agency/Authority
Secretary
and
identify
the
subject
you
would
like
to
address.
We
respectfully
request
that
you
fill
the
cards
out
completely
and
as
clearly
as
possible.
Following
this
procedure
will
allow
for
a
smooth
and
timely
process
for
the
meeting
and
we
appreciate
your
cooperation.
State
law
prohibits
the
Legislative
Body
from
taking
action
on
items
not
on
the
agenda
and
your
matter
may
be
referred
to
the
City
Manager/Executive
Director.
Individual
Speakers are limited to three (3) minutes each unless a different time limit is announced.
CITY COUNCIL / AGENCY/ AUTHORITY COMMENTS
CLOSED SESSION
1. Conference with Legal Counsel - Anticipated Litigation: significant exposure to litigation pursuant to Government Code
Section 54956.9(d) (2) - two potential cases.
2. Conference with Legal Counsel - Anticipated Litigation: consideration of initiation of litigation pursuant to Government Code Section 54956.9(d) (4) - two potential cases.
3. Conference Involving a Joint Powers Agency: Antelope Valley Air Quality Management District Pursuant to Government Code Section 54956.96 Discussion will concern: Antelope Valley Air Quality Management District v. United States Environmental Protection
Agency,
et
al.
9 Cir.
Case
No.
23-1614
Name
of
local
agency
representative
on
joint
powers
agency board: Marvin Crist, Ken Mann
4. Antelope Valley Groundwater Cases Included Action:
Los Angeles County Waterworks District No. 40 v. Diamond Farming Co.
Superior Court of California, County of Los Angeles, Case No. BC325201; Los Angeles County Waterworks District No. 40 v. Diamond Farming Co.
Superior Court of California, County of Kern, Case No. S-1500-CV-254-348; Wm. Bolthouse Farms, Inc. v. City of Lancaster, Diamond Farming Co. v.
City of Lancaster, Diamond Farming Co. v. Palmdale Water District Superior Court of California County of Riverside, consolidated actions; Case Nos. RIC 353 840, RIC 344 436, RIC 344 668
5. Estate of Guzman v. Lancaster
6. Rahier v. City of Lancaster, LASC Case No. 19 AVCV00163
7. Brisa Mahoney, et al. v. City of Lancaster, et al., LASC Case No. 2OSTCV02556
8. Manzo v. Beazer Homes Holdings, LLC et al., LASC Case No. 20 AVCV00297
9. Hernandez v. County of Los Angeles, et al., LASC Case No. 20 AVCV00318 th
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 08/08/2023
~ 7 ~
10. Romines v. City of Lancaster, et al,, LASC Case No. 20 AVCV00345
11. Moujan v. City of Lancaster et al., LASC Case No. 20 AVCV00205
12. Davis v. State of California, LASC Case No. 19 AVCV00805
13. Lancaster v. Netflix, et al., LASC 21STCV01881
14. Butts v. Lancaster, LASC 21STCP00389
15. Lancaster v. Rives
16. Myesha Lopez, et al. v. County of Los Angeles, et al. CDCA Case No. 5:21-cv-00290-JGB(SHKx)
17. Ortiz v. Lancaster, LASC Case No. 21 AVCV00001
18. Aijala v. Lancaster, LASC Case No. 21STCV07841
19. Gardner v. Dominoids, LASC Case No. 21 AVCV00186
20. Evans v. Lancaster, LASC Case No. 21 AVCV00145
21. Bojorquez v. Lancaster, LASC Case No. 20 AVCV00894
22. Arkey v. Lancaster, LASC Case No.20 AVCV00816
23. Perez v. Lancaster, LASC Case No. 20 AVCV00589
24. Serrano v. Los Angeles County et al. LASC Case No. 21 AVCV00562
25. Jackson v. RE Schultz Construction et al. LASC Case No. 21 AVCV00863
26. Castro v. Lancaster
27. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 3123-009-029
Agency negotiators: Allison Burns, Mike Livingston
Negotiating parties: Roger W. Pannier, Trustee of the Roger W. Pannier Revocable Trust, established April 25, 1988 as to an undivided ½ interest and Lorraine Prater, Trustee of the Prater Family Trust dated February 23, 1987, Lorraine Prater, Trustee of the Lorraine Alice Prater Survivors Trust dated October 8, 1993, Brian Lee Prater, Niel Howard Prater and Lloyd Bruce Prater, as their respective interest appear of record as to the remaining 1/2 interest
Under negotiation: Price and terms of payment
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 3123-009-035
Agency negotiators: Allison Burns, Mike Livingston
Negotiating parties: Gholwan Mechammil and Insaf Mechammil, husband and wife as joint tenants
Under negotiation: Price and terms of payment
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 3125-021-002
Agency negotiators: Allison Burns, Mike Livingston
Negotiating parties: Ukani Enterprise Inc., a California Corporation
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 08/08/2023
~ 8 ~
Under negotiation: Price and terms of payment
28. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APNs 3123-001-062 and 3123-004-045
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: HD Development of Maryland Inc.,
Under negotiation: price and terms of payment
Property: APN 3123-003-099
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: Tane, LLC
Under negotiation: price and terms of payment
Property: APN 3123-003-100
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: The James Owen Fourr 2018 Revocable Trust Under negotiation: price and terms of payment
Property: APNs 3123-004-037 and 3123-004-038
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: Palmdale Grand Plaza, LLC
Under negotiation: price and terms of payment
Property: APN 3123-004-048
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: Palmdale Grand Plaza, LLC
Under negotiation: price and terms of payment
Property: APN 3123-004-047
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: Crowne Point Equity, LLC
Under negotiation: price and terms of payment
Property: APN 3123-012-902
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: Lancaster School District
Under negotiation: price and terms of payment
Property: APNs 3123-016-004 and 3123-016-005
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: J-4 Development LLC
Under negotiation: price and terms of payment
Property: APN 3123-016-085
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: The Randall H. Kaufman 1998 Trust
Under negotiation: price and terms of payment
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 08/08/2023
~ 9 ~
ADJOURNMENT
Next Regular Meeting:
August 22, 2023 at 5:00 PM
MEETING ASSISTANCE INFORMATION
In
compliance
with
the
Americans
with
Disabilities
Act,
this
meeting
will
be
held
at
a
location
accessible
to
persons
with
disabilities;
if
you
need
special
assistance
to
participate
in
this
meeting,
please
contact
the
City
Clerk
at
(661)723-6020.
Services
such
as
American
Sign
Language
interpreters,
a
reader
during
the
meeting,
and/or
large
copies
of
the
agenda
are
available.
To
ensure
availability,
you
are
advised
to
make
your
request
at
least
72 hours
prior
to
the
meeting/event
you
wish
to
attend.
Due
to
difficulties
in
securing
sign
language
interpreters,
five
or
more
business
days
notice
is
strongly
recommended.
For
additional
information,
please
contact
the
City
Clerk
at
(661)723-6020.
AGENDA ADDENDUM INFORMATION
On
occasion
items
may
be
added
after
the
agenda
has
been
mailed
to
subscribers.
Copies
of
the
agenda
addendum
item
will
be
available
at
the
City
Clerk
Department
and
are
posted
with
the
agenda
on
the
windows
of
the
City
Council
Chambers.
For
more
information,
please
call
the
City
Clerk
Department at (661) 723-6020.
All documents available for public review are on file with the City Clerk Department.
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 08/08/2023
~ 10 ~
STAFF REPORT
City of Lancaster
Date: August 08, 2023
To: Mayor Parris and City Council Members
From: George N. Harris II, Finance Director
Subject:Monthly Report of Investments – April, May, & June 2023 Recommendation:
Accept and approve the submitted April, May, & June 2023 Monthly Report of Investments.
Fiscal Impact:
None
Background:
Each month, the Finance Department prepares a report listing the investments for all separate entities under the jurisdiction of the City as identified in the City’s Comprehensive Annual Financial Report.
Portfolio Recap
Yield:
April April 2023 March 2023
Total Portfolio 3.05% 3.11%
Cal CLASS 4.71% 4.71%
Local Agency Investment Fund 2.74% 2.74%
Total Portfolio Balance: $149,993,296 $146,487,697 The portfolio balance increased from March to April by $3,505,599 or 2.39%. Significant revenues for April included $2,100,149 in Sales & Use Tax and $1,733,136 in Measure LC Sales Tax. The largest City Revenue was $9,698,010 Property Tax; Expenses included $2,507,707 for LA County Sheriff’s law enforcement services, $4,843,422 for Payroll & Benefits, $2,106,259 (Three Property Parcels), $569,484 Debt Service.
CC 3
8/08/2023
JC
1 3
4 7
May May 2023 April 2023
Total Portfolio 3.05% 3.05%
Cal CLASS 4.71% 4.71%
Local Agency Investment Fund 2.74% 2.74%
Total Portfolio Balance: $150,329,696 $149,993,296 The portfolio balance increased from April to May by $336,400 or .22%. Significant revenues for May include $2,067,864 in Sales & Use Tax and $1,506,477 in Measure LC Sales Tax. The largest City Revenue was $13,445,911 Property Tax, Expenses include, $1,963,079 First American Title, $2,620,000 Southern Cal Edison, $2,473,501 for LA County Sheriff’s law enforcement services, $3,760,461 for Payroll & Benefits, $3,102,092, Outstanding Checks, $1,742,530, Debt Service June June 2023 May 2023
Total Portfolio 3.21% 3.05%
Cal CLASS 5.23% 4.71%
Local Agency Investment Fund 3.36% 2.74%
Total Portfolio Balance: $159,285,850 $150,329,696 The portfolio balance increased from May to June by $8,956,154 or 5.96%. Significant revenues for June include $2,054,320 in Sales & Use Tax and $1,589,474 in Measure LC Sales Tax. The largest City Revenue was $13,855,203 in Property Tax; Expenses include $2,473,501 for LA County Sheriff’s law enforcement services, $1,963,079 for the First American Title, $3,084,305 for Payroll & Benefits.
The City’s temporary idle cash, those funds not immediately needed to pay current bills and not governed by bond indentures or bond resolutions, is invested by the City’s adopted Investment Policy. The City Council reviewed this policy regularly, with the latest policy adopted on February 13, 2018, by Resolution No. 18-06.
The City's cash management system is designed to accurately monitor and forecast expenditures and revenues, thus enabling the City to invest funds to the fullest extent possible within the guidelines of this Investment Policy. The City attempts to achieve the highest yield obtainable through a diversified portfolio only after meeting the criteria established for safety and liquidity in that order. The principal investment objectives of the City are:
1. Preservation of capital and protection of investment principal;
2. Maintenance of sufficient liquidity to meet anticipated cash flows;
3. Attainment of a market rate of return;
4. Diversification to avoid incurring unreasonable market risks and;
5. Compliance with the City’s Municipal Code and all applicable City resolutions, California statutes, and Federal regulations.
1 3
4 7
The City’s portfolio is a short-term and intermediate-term fixed-income portfolio. The maximum maturity of any investment is five years, with consideration of anticipated cash flow requirements and known future liabilities. The City contracts with an investment advisory service (Insight Investment) to assist in maximizing the returns of the City portfolio. The City’s investments include publicly-traded Treasury notes, Treasury Bills, Federal Agency Investments, Time Deposits, and Local Agency Investment Fund (LAIF) under the auspices of the State Treasurer for investment. Funds invested in LAIF are available within 24 hours, and other investments are available upon maturity at full face value. These investments enable the City to meet its expenditure requirements for the next six months, as required by state law.
The City’s investment procedures are governed by Sections 53600 et. seq. of the California Government Code. Additional requirements have been placed on the City’s authorized investments by the Investment Policy (a copy is available in the Finance Department or from the City Clerk), and all investments listed on the attached report adhere to these requirements.
GH: rh
Attachments:
A. April 2023 Treasurer’s Report
B. April 2023 Investment Report
C. May 2023 Treasurer's Report
D. May 2023 Investment Report
E. June 2023 Treasurer's Report
F. June 2023 Investment Report
ATTACHMENT A
CITY OF LANCASTER
MONTHLY REPORT OF INVESTMENTS
30-Apr-23
Interest Rate Amount
0.00vo $13,489,996
0.t0% $0
0.05v" $0
Total
$13,489,996
$0
$42,6s4,134
$150,980
$41,1 18,490
s42,264,492
Citv of Lancaster
Wells Fargo Bank
City of Lmcaster Account
Certificate ofDeposit
Bank of America
Certificate ofDeposit
USBank-Safekeeping
US Treasury Notes
Federal Govement Agencies
Corporate Securities
Municipal/Provincial Bonds
Cash & Equivalents
Chase Bank
Certificate ofDeposit
California Class
City of Lmcaster
Local Agency Investment Fund (L.A,I.F,)
Total City of Lancaster
Successor Agency for the Lancaster Redevelopment Agency Califomia CLASS
Local Agency Investment Fund (L.A.I.F.)
Total Lancsster Successor Agency
Total Pooled Portfolio
Weighted Average 3,0510/"
0.010/o $150,980
2.51%
|.96%
3.07%
0.46Yo
0.00Vo
4.71Vo
2.74V.
4.7 \o/o
2.7 40/o
817,948,562
$l 1,879,791
$l 0,004,080
$2,701,452
$120,249
$41,1 18,490
$42,264,492
$10,030,322
$284,883
$139,678,091
$10,030,322
s284,883
$10,315,205
sl49,993,296
Interest Rate Amount
0.00%
0,900/"
0.00%
0.00%
0.00%
4.33V"
4.33Vo
3.91v"
4.33V"
4,33v"
4.33V"
4.33Vo
4.33V"
$8,782,556
$0
$2,056,01 I
Total
$10,838,566
s0
$13,040,000
$18,336,734
River City Bank
Lancaster Choice Energy LockBox Account
CCEA Cash Collateral Account
CCEA Operating Account
Wilmington Trust
Lancaster Choice Energy LockBox Account
The Bank of New York Mellon Trust Company, N,A.
LRA & LA County Escrow Account - Govement Bonds
I.lS Bank
CFD 89-1 1990 Special Bonds
LFA CFD 89-l 1997 Special Bonds
LRA Combined 2004 Fire hotection Facilities Project Bonds LRA Combined 2004 SheriffFacilities Project Refunding Bonds LPA Solar Renewable Energy Issue of2021
SA Combined Project Areas Refinding Bonds 2016 A-l & A-2 LFA 2016 Assessment Revenue Bonds (Streetlights Acquisition) LFA LRB 2018 Construction and Improvements
LFA 2018 Lease Revenue Bonds
LFA LRB 2019 Street Improvements
Total Restricted Cash/Investments Held in Trust
Total Restricted CasMnvestments Held in Trust (note 4)
All investments are authorized pursuant to and consistent with the investrnent policy of the City ofLancaster. Policy adopted 02/13/18 under resolution number l8-06.
George N. Hmis II
0.00% $0
0.00% $13,040,000
$o
$o
$859,910
$1,858,407
$190,454
$2,81 5
$327
$2,45s,4s1
$569,820
$12,399,550
$18,336,734
$42.21s.300
Finmce Director
City ofLancaster
Cash Balances by Fund
April 30,2023
FundNo. FundName Ending Balance
104
106
109
lll
lt2
I l3
139
150
203
204
20s
206
207
208
209
210
2tl
212
2t3
217
220
224
226
227
228
229
230
232
233
248
2sl
252
261
301
306
321
CAPITAL REPLACEMENT FUND
COMMI.JNITY SERVICES FOUNDATION
CITY SPECIAL RESERVES FUND
FLEET INTERNAL SERVICE FUND
IT INTERNAL SERVICE FUND
GEN LIAB INTERNAL SERVICE FTJND
FIXED ASSETS ACOTJNT GROUP
CAPITAL PROJECTS FUND - CITY
GAS TAX
AQMD
PROP 1B
TDA ARTICLE 8 FUND
PROP "A" TRANSIT FUND
TDA ARTICLE 3 BIKEWAY FUND
PROPOSITION "C'FUND
MEASURE R FUND
MEASUREMFUND
MEASUREA FUND
PARKS DEVELOPMENT FUND
SIGNALS - DEVELOPER FEES FUND
DRAINAGE - DEVELOPER FEES FUND
BIOLOGICAL IMPACT FEE FLTND
USP - OPERATION
IJSP - PARKS
USP-ADMIN
USP - CORP YARD
MARIPOSA LILY FUND
TRAFFIC IMPACT FEES FUND
DEVELOPER IN LIEU
TRAFFIC SAFETY FUND
ENGINEERING FEES
PROP 42 CONGESTION MANAGEMENT
LOS ANGELES COUNTY REIMB
LANCASTER HOUSING AUTH. OPS.
LOW & MOD INCOME HOUSING
MTAGRANT- LOCAL
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
s
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
(171,027)
114,486
10,190,1 l8
(410,374)
(3,49s,30s)
1,sl4,l I I
(4,4s 1,60s)
(42,700,e06)
(5,309,664)
(84,826)
5,98s
(4,21s,8s2)
6,501,094
(7,618)
I 1,283,531
5,262,908
3,366,302
952,961
2,829,023
l l,l 80,102
944,548
2,487
2,249,211
85,555
210,976
62,733
1,586,497
106,700
50 1,s64
97 46,543
74,481
1,862,660
13,s01,002
1,922,920
323
324
330
331
349
361
363
364
391
399
401
402
404
408
4s6
480
482
483
484
48s
486
490
491
701
810
811
812
830
831
832
833
99t
992
993
994
996
STATE GRANT - STPL
STATE GRANT. OTS
STATE GRANT RECYCLING
STATE GRANT - OIL RECYCLING
MISC STATEGRANTS
CDBG
NBRHD STABILIZATION PRGM
HPRP-HOMELESS PREV & RAPID REH
LANCASTER HOME PROGRAM
FEDERAL MISCELLANEOUS GRANTS
AGENCY FUND
PERFORMING ARTS CENTER
GRANTS FUND
X-AEROSPACE GRANTS FUND
STILL MEADOW LN SWR ASSMNT DST
SEWERMAINTFUND
LANDSCAPE MAINTENANCE DISTRICT
LIGHTING MAINTENANCE DISTzuCT
DRAINAGE MAINTENANCE DISTRICT
RECYCLED WATER FUND
LANCASTER POWER AUTHORITY
LANCASTER CHOICE ENERGY
CALIFORNIA CHOICE ENERGY AUTH
LANCASTER FINANCING AUTHOzuTY
ASSESSMENT DISTRICT FUND
AD 93-3
AD 92-l0t
CFD 89.1 EASTSIDE WATER FUND
cFD 90-l (BELLE TTERRA)
CFD 91-1 (QUARTZ HILL)
cFD 91-2 (LANC BUSINESS PARK)
REDEV OBLIGATION RETIREMENT FD
DEBT SERVICE - SUCCESSOR AGENCY
DEBT SERVICE - COI.JNTY
DEBT SERVICE - COIJNTY
SCHOOLS SUBORDINATE P/T FUND
Total Cash Balance
(26,900)
(0)
3s6,s4l
23,412
(762,04e)
(374,980)
2,63s,983
1,342,838
(t,0'r7,30'7)
139,645
33,804
6,291,409
1,03'7,661
6,630,871
2,606,3s4
(37,82s)
4,260"615
(16,499,173)
89,751
(33,473,632)
154,596
202
23,835
(207)
13,201
(2,028,399)
22,198,985
2,49s,126
(24,921,'183)
30 90,421,836
City of Lancaster
Recap of Securities Held
April 30, 2023
Cash and Equivalents
Corporate Bonds
Govemment Agencies
Govemment Bonds
Short Term Bills and Notes
Municipal/Provincial Bonds
Historical Cost
s107,459,411
$ 10,004,080
$l1,879,791
$17,948,s62
$0
$2,70t,452
Amortized Cost
$107,459,41I
$9,79t,341
$ I 2,701 ,087
9t6,s26,047
$294,703
$2,700,496
Fair Value
$107,459,41I
$9,398,734
$ 12, r 75,780
$ 16,058,078
$294,706
$2,546,743
$0
($392,608)
($525,307)
($467,e70)
$2
($l 53,753)
Unrealized Gain Weighted
(Loss) Average Effective
% Portfolio/ Weighted
Segment Average Market
71.64% 0.00
6.67% 1.73
7.92% 1.37
11.97% 2.t2
0.00% 0.02
1.80o/o 1.30
I
676
526
838
9 493
$149,993,296 $149,473,086 $147,933,451 ($1,539,635)
Portfolio Diversification
tl.97%
1.80%
0.00%
627 100.00%
n Cash and Equivalents
r Corporate Bonds
v Government Agencies
r Government Bonds
r Short Term Bills and Notes
r Municipal/Provincial Bonds
l.3l
7.92%
71.64%
City of Lancaster
Maturity Distribution
April30,2023
Maturitv Historical Cost Percent
Under 90 Days
90 to 179 Days
180 Days to I Year
I to 2 Years
2 to 3 Years
3 to 4 Years
4 to 5 Years
Over 5 Years
$109,233,884
$3,700,719
$7,484,895
$12,374,534
$10,254,266
$4,235,961
$2,709,036
$o
72.83o/o
2.47%
4.99%
8.25%
6.84%
2.82o/o
l.8lo/o
0.00o/o
(Millions)
$ 120
$100
$80
$60
$40
$20
$o
AA
o
U
c!c)
Lo
v2
til*l
$149,993,296 100.00%
Maturity Distribution
180Daysto I 1 to2Years 2to3Years 3to4Years 4to5Years Over5Years Year
Under 90 Days 90 to 179
Days
ATTACHMENT B
CITY OF LANCASTER
MONTHLY REPORT OF INVESTMENTS
August 8, 2023
(1) This is the actual City bank account balance as of 4/30/2023. It only reflects checks that have been presented for payment and deposits received by the bank. The balance on deposit per the City books would reflect reductions for all checks and warrants issued and all deposits transmitted.
(2) This is the safekeeping account utilized for investing City funds pursuant to and consistent with the investment policy adopted on 02/13/2018. The current portfolio consists of treasury notes, government agencies, corporates, and CDs. (3) Pooled Portfolio:
% of Portfolio Policy Limit
Cash 9.07% None
CDs 0.10% 25% of total portfolio
Commercial Paper 0.00% 25% of total portfolio
US Treasury 11.97% None
Federal Securities 7.92% None
Corporate Securities 6.67% 30% of total portfolio
Municipal/Provincial 1.80% None
California CLASS 34.10% None
LAIF 28.37% None
(4) These are restricted cash and investments are held in trust by the banks indicated.
These amounts cannot be pooled for other investments.
ATTACHMENT C
CITY OF LANCASTER
MONTHLY REPORT OF INVESTMENTS
31-May-23
Interest Rate Amount
City of Laoca tcr
Wells Fargo Bank
City of Lancaster Account
Certificate of Deposit
Bank of America
Certificate of Deposit
U S Bank - Safekeeping
US Treasury Notes
Federal Government Agencies
Corporate Securities
Municipal/Provincial Bonds
Cash & Equivalents
California Bank & Trust
Certificate of Deposit
Chase Bank
Certificate of Deposit
California Class
City of Lancaster
Local Agency Investment Fund (L.A.I.F.)
Total City of Lancaster
Successor Agency for the Lancaster Redevelopment Agency California CLASS
Local Agency Investment Fund (L.A.I.F.)
Total Lancaster Successor Agency
Total Pooled Portfolio
Weighted Average
River City Bank
3.051%
Lancaster Choice Energy LockBox Account
CCEA Cash Collateral Account
CCEA Operating Account
Wilmington Trust
Lancaster Choice Energy LockBox Account
The Bank of New York Mellon Trust Company, N.A.
LRA & LA County Escrow Account - Government Bonds
US Bank
CFO 89-1 1990 Special Bonds
LRA Combined 2004 Fire Protection Facilities Project Bonds LRA Combined 2004 Sheriff Facilities Project Refunding Bonds LPA Solar Renewable Energy Issue of 2021
SA Combined Project Areas Refunding Bonds 2016 A-1 & A-2 LF A 2016 Assessment Revenue Bonds (Streetlights Acquisition) LFA LRB 2018 Construction and Improvements
LF A 2018 Lease Revenue Bonds
LF A LRB 2019 Street Improvements
Total Restricted Cash/Investments Held in Trust
Total Restricted Cash/Investments Held in Trust (note 4) All investments are authorized pursuant to and consistent with the investment policy of the City of Lancaster Policy adopted 02/13/18 under resolution number 18-06.
George N, Harris 11
Finance Director
0.00% $13,489,996
0.10% $0
0.05% $0
2.51% $17,948,562
1.96% $11,879,791
3.07% $10,004,080
0.46% $2,701,452
00 0% $230,507
0.00% $0
0,01% $153,369
47 1% $41,342,243
2.74% $42,264,492
4.71% $10,030,322
2.74% $284,883
Interest Rate Amount
0.00% $6,804,860
0.90% $0
0.00% $2,056,011
0.00% $0
0.00% $13,040,000
0.00%
4.33%
4.33%
3.90%
4.33%
4.32%
4.33%
4.33%
4.33%
$0
$863,175
$1,865,514
$380
$2,825
$330
$2,464,842
$1,319
$13,404,540
S 18,602,925
Total
$13,489,996
$0
$42,764,393
$0
$153,369
$41,342,243
$42,264,492
140,014,491
SI0,030,322
$284,883
$10,315,205
$150,329,696
Total
$8,860,871
$0
$13,040,000
$18,602,925
$40,503, 795
(
City ofLancaster
Cash Balances by Fund
May 31,2023
Fund No. Fund Name Ending BAEnce
r04
106
109
lll
1t2
113
139
150
203
204
205
206
207
208
209
210
211
212
213
2t7
220
224
226
227
228
229
230
232
233
248
251
)<')
261
301
306
32t
CAPITAL REPLACEMENT FUND
COMMUNITY SERVICES FOI.JNDATION
CITY SPECIAL RESERVES FUND
FLEET INTERNAL SERVICE FUND
IT INTERNAL SERVICE FIJND
GEN LIAB INTERNAL SERVICE FUND
FIXED ASSETS ACOUNT GROUP
CAPITAL PROJECTS FUND. CITY
GAS TAX
AQMD
PROP 18
TDA ARTICLE 8 FTJND
PROP "A." TRANSIT FUND
TDA ARTICLE 3 BIKEWAY FUND
PROPOSITION "C" FUND
MEASURE R FUND
MEAS{JRE M FIJND
MEASURE A FUND
PARKS DEVELOPMENT FLTND
SIGNALS - DEVELOPER FEES FUND
DRAINAGE - DEVELOPER FEES FUND
BIOLOGICAL IMPACT FEE FTJND
USP - OPERATION
USP. PARKS
USP-ADMIN
USP - CORP YARD
MARIPOSA LILY FUND
TRAFFIC IMPACT FEES FUND
DEVELOPER IN LIEU
TRAFFIC SAFETY FLTND
ENGINEERING FEES
PROP 42 CONGESTION MANAGEMENT
LOS ANGELES COIjNTY REIMB
LANCASTER HOUSING AUTH, OPS,
LOW & MOD INCOME HOUSING
MTAGRANT- LOCAL
$ (230,1s3)
$ 10s,339
$ 8,sss,257
$ (s48,32s)
$ (3,e60,4s2)
$ 1,364.341
$ (4,4s 1,60s)
$ (46,056,86s)
$ (s,478,496)
$ (84,826)
$ s,98s
$ (4,21s,8s2)
$ 6,84s.392
$ (7,618)
$ I1.578.491
$ 4,787,098
$ 2,793,263
$
$ 9s9,1 19
$ 2,838,225
$ 11,277,813
$ 944,548
$ 2,487
$ 2,266,193
$ 87,s92
$ 212,720
$ 62,733
$ 1,s98,49s
$ 106,700
$ s22,189
$97
$ 46,543
$ 19,s81
$ 1,862,660
g 13,42s,370
$ 1,922,920
324
330
331
349
361
363
364
391
399
40r
402
404
408
456
480
482
483
484
485
486
490
49t
701
810
811
812
830
831
832
833
991
992
993
994
996
STATE GRANT - OTS
STATE GRANT RECYCLING
STATE GRANT - OIL RECYCLING
MISC STATE GRANTS
CDBG
NBRHD STABILIZATION PRGM
HPRP-HOMELESS PREV & RAPID REH
LANCASTER HOME PROGRAM
FEDERAL MISCELLANEOUS GRANTS
AGENCY FLTND
PERIORMINGARTS CENTER
GRANTS FTJND
X-AEROSPACE GRANTS FTJND
STILL MEADOW LN SWR ASSMNT DST
SEWER MAINT FUND
LANDSCAPE MAINTENANCE DISTRICT
LIGHTING MAINTENANCE DISTzuCT
DRAINAGE MAINTENANCE DISTRICT
RECYCLED WATER FI]N[)
LANCASTER POWER AUTHORITY
LANCASTER CHOICE ENERGY
CALIFORNIA CHOICE ENERGY AUTH
LANCASTER FINANCING AUTHORITY
ASSESSMENT DISTzuCT FUND
AD 93-3
AD 92-101
CFD 89-1 EASTSIDE WATER FUND
cFD 90-l (BELLE TTERRA)
cFD 91-1 (QUARTZ HrLL)
cFD 9l-2 (LANC BUSINESS PARK)
REDEV OBLIGATION RETIREMENT FD
DEBT SERVICE - SUCCESSOR AGENCY
DEBT SERVICE - COTJNTY
DEBT SERVICE - COUNTY
SCHOOLS SUBORDINATE P/T FUND
Total Cash Balance
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
(0)
349,390
21,892
(776,866)
(282,373)
2,635,983
1,342,838
(791,342)
163,4ts
35,537
6,634,138
r,089,935
7,363,661
2,720,444
(4s,024)
4,591,13s
(10,772,67s)
89,7s 1
(33,473,632)
1s4,596
|,117
23,835
(207)
t3,201
(2,030,649)
22,163,n7
2,495,t26
(24,921;783)
30 104,988,218
City of Lancaster
Recap of Securities Held
May 31,2023
Historical Cost
Cash and Equivalents $107,795,81 I
Corporate Bonds $10,004,080
Govemment Agencies $11,879,791
Govemment Bonds $17,948,562
Short Term Bills and Notes $0
Municipal/ProvincialBonds $2,701,452
Amortized Cost
$107,795,81I
$9,791,341
$ 12,70 r ,087
$16,s26,047
$294,703
$2,700,496
Fair Value
$107,795,81 I
s9,398,734
$ 12, l 75,780
$ r 6,058,078
5294,706
$2,546,743
Unrealized Gain Weighted
(Loss) Average Effective
$0 I
($3e2,608) 676
(s525,307) s26
($467,970) 838
$2e
(s153,753) 493
% Portfolio/ Weighted
Segment Average Market
71.7r% 0.00
6.650/o 1.73
7.90% 1.37
11.94% 2.12
0.00% 0.02
r.80% 1.30
$150,329,696 $149,809,486 S148,269,851 ($1,539,635)
Portfolio Diversifi cation
ll.94Yo
1.80%
0.00%
627 100.00%
: Cash and Equivalents
r Corporate Bonds
Y Government Agencies
I Government Bonds
r Short Term Bills and Notes
r Municipal/Provincial Bonds
l.3 t
7.90%
6 71.71%
City of Lancaster
Maturity Distribution
May 31,2023
Maturity Historical Cost Percent
Under 90 Days
90 to 179 Days
180 Days to I Year
I to 2 Years
2 to 3 Years
3 to 4 Years
4 to 5 Years
Over 5 Years
$110,719,401
$6,939,240
$5,146,1 87
$11,342,994
$9,236,876
$4,235,961
92,709,036
$0
73.6s%
4.62%
3.42%
7.55o/o
6.74o/o
2.82o/o
7.80o/o
0.00%
(Millions)
$ 120
$ 100
$80
$60
$40
$20
$o
v)
I
q)
tro
rtl
Hts]l
$150,329,696 100.00%
Maturity Distribution
lS0Daysto 1 lto2Years 2to3Years 3to4Years 4to5Years Over5Years Year
Under 90 Days 90lo 179
Days
ATTACHMENT D
CITY OF LANCASTER
MONTHLY REPORT OF INVESTMENTS
August 8, 2023
(1) This is the actual City bank account balance as of 5/31/2023. It only reflects checks that have been presented for payment and deposits received by the bank. The balance on deposit per the City books would reflect reductions for all checks and warrants issued and all deposits transmitted.
(2) This is the safekeeping account utilized for investing City funds pursuant to and consistent with the investment policy adopted on 02/13/2018. The current portfolio consists of treasury notes, government agencies, corporates, and CDs. (3) Pooled Portfolio:
% of Portfolio Policy Limit
Cash 9.13% None
CDs 0.10% 25% of total portfolio
Commercial Paper 0.00% 25% of total portfolio
US Treasury 11.94% None
Federal Securities 7.90% None
Corporate Securities 6.65% 30% of total portfolio
Municipal/Provincial 1.80% None
California CLASS 34.17% None
LAIF 28.30% None
(4) These are restricted cash and investments are held in trust by the banks indicated.
These amounts cannot be pooled for other investments.
ATTACHMENT E
CITY OF LANCASTER
MONTHLY REPORT OF INVESTMENTS
30-Jun-23
Interest Rate Amount
City of La neuter
Wells Fargo Bank
City of Lancaster Account
Certificate of Deposit
Bank of America
Certificate of Deposit
U S Bank - Safekeeping
US Treasury Notes
Federal Government Agencies
Corporate Securities
Municipal/Provincial Bonds
Cash & Equivalents
Chase Bank
Certificate of Deposit
California Class
City of Lancaster
Local Agency Investment Fund (L.A.I.F.)
Total City of Lancaster
Successor Agency for the Lancaster Redevelopment Agency California CLASS
Local Agency Investment Fund (L.A.I.F.)
Total Lancaster Successor Agency
Total Pooled Portfolio
Weighted Average 3.218%
0.00% $21,857,378
0, 10% $0
0,05% $0
2.45% $19,923,921
1.82% $10,105,317
3.07% $10,004,080
0.28% $2,701,452
0.00% $42,049
0.01% $153,369
5.23% $41,562,939
3.36% $42,549,375
5.23% $10,030,322
3.36% $355,648
Interest Rate Amount
River City Bank
Lancaster Choice Energy LockBox Account
CCEA Cash Collateral Account
CCEA Operating Account
Wilmington Trust
Lancaster Choice Energy LockBox Account
The Bank of New York Mellon Trust Company, N.A.
LRA & LA County Escrow Account - Government Bonds
US Bank
LRA Combined 2004 Fire Protection Facilities Project Bonds LRA Combined 2004 Sheriff Facilities Project Refunding Bonds LPA Solar Renewable Energy Issue of 2021
SA Combined Project Areas Refunding Bonds 2016 A-1 & A-2 LFA 2016 Assessment Revenue Bonds (Streetlights Acquisition) LFA LRB 2018 Construction and Improvements
LFA 20 I 8 Lease Revenue Bonds
LFA LRB 2019 Street Improvements
Total Restricted Cash/Investments Held in Trust
Total Restricted Cash/Investments Held in Trust (note 4) All investments are authorized pursuant to and consistent with the investment policy of the City of Lancaster. Policy adopted 02/13/18 under resolution number 18-06 George N. Harris II
Finance Director
0.00% $3,951,056
0.90% $0
0.00% $2,460,571
0.00% $0
0.00% $13,040,000
4.33% $847,257
4.33% $1,831,254
3.90% $381
4.33% $2,837
4.32% $331
4.33% $2,475,068
4.33% $1,324
4.33% $12,502,169
$ 17,660,621
Total
$21,857,378
$0
$42,776,819
$153,369
$41,562,939
$42,549,375
$148,899,880
$10,030,322
$355,648
Sto,385,970
$159,285,850
Total
$6,411,627
so
$13,040,000
$17,660,62 I
$37,112,248
City ofLancaster
Cash Balances by Fund
June 30,2023
.Fund No. Fund Name Balance l'und No. Fund Name Ending Balance l0l
104
106
109
1il
112
113
139
ts0
203
204
205
206
207
208
209
210
211
212
213
217
220
224
226
)11
228
229
230
232
233
248
2sl
252
261
301
306
321
323
324
330
331
349
361
363
364
391
399
401
402
404
408
456
480
482
483
484
48s
486
490
491
701
810
811
812
830
831
832
833
991
992
993
994
996
GENERAL FTJND
CAPITAL REPLACEMENT FUND
COMMUNITY SERVICES FOUNDATION
CITY SPECIAL RESERVES FUND
FLEET INTERNAL SERVICE FUND
IT INTERNAL SERVICE FUND
GEN LIAB INTERNAL SERVICE FUND
FIXED ASSETS ACOUNT GROUP
CAPITAL PROJECTS FUND - CITY
GAS TAX
AQMD
PROP IB
TDA ARTICLE 8 FUND
PROP'A" TRANSIT FUND
TDA ARTICLE 3 BIKEWAY FUND
PROPOSITION "C" FLTND
MEASURE R FTJND
MEASURE M FUND
MEASURE A FUND
PARKS DEVELOPMENT FUND
SIGNALS - DEVELOPER FEES FUND
DRAINAGE - DEVELOPER FEES FUND
BIOLOGICAL IMPACT FEE FUND
USP - OPERATION
USP - PARKS
TJSP - ADMIN
USP - CORP YARD
MARIPOSA LILY FUND
TRAFFIC IMPACT FEES FUND
DEVELOPER IN LIEU
TRAFFIC SAFETY FUND
ENGINEERING FEES
PROP 42 CONGESTION MANAGEMENT
LOS ANGELES COUNTY REIMB
LANCASTER HOUSING AUTH. OPS,
LOW & MOD INCOME HOUSING
MTA GRANT - LOCAI,
$
s
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
I I 8,028,161
(230, l s3)
87,394
8,201,787
(836,s l 2)
(s,327,443)
1,040,973
(4,4s 1,605)
(s0,076,172)
(s,732,117)
(84,826)
5,985
(4,2t7,32s)
7,135,36't
(7,6 r 8)
I 1,844,09s
4,986,291
3,1s7,063
STATE GRANT - STPL
STATE GRANT - OTS
STATE GRANT RECYCLING
STATE GRANT - OIL RECYCLING
MISC STATE GRANTS
CDBG
NBRHD STABILIZATION PRGM
HPRP-HOMELESS PREV & RAPID REH
LANCASTER HOME PROGRAM
FEDERAL MISCELLANEOUS GRANTS
AGENCY FUND
PERFORMING ARTS CENTER
GRANTS FUND
X-AEROSPACE GRANTS FUND
STILL MEADOW LN SWR ASSMNT DST
SEWER MAINT FUND
LANDSCAPE MAINTENANCE DISTRICT
L]GHTING MAINTENANCE DISTzuCT
DRAINAGE MAINTENANCE DISTRICT
RECYCLED WATER FLJND
LANCASTER POWER AUTHORITY
LANCASTER CHOICE ENERGY
CALIFORNIA CHOICE ENERGY AUTH
LANCASTER FINANCING AUTHORITY
ASSESSMENT DISTzuCT FUND
AD 93-3
AD 92-l0l
CFD 89-I EASTSIDE WATER FUND
cFD 90-r (BELLE TTERRA)
CFD9I-I (QUARTZHILL)
CFD 91-2 (LANC BUSINESS PARK)
REDEV OBLIGATION RETIREMENT FD
DEBT SERVICE - SUCCESSOR AGENCY
DEBT SERVICE - COUNTY
DEBT SERVICE - COUNTY
SCHOOLS SUBORDINATE P/T FUND
Total Cash Balance
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
s
s
s
$
$
$
(26,e00)
(0)
3 19,381
18,81 l
('t38,s2s)
(300,8s7)
2,63s,983
|,342,838
(773,3s9)
163,415
35,537
6,344,291
1,024,431
6,834,743
2,s84,795
(26,6s0)
5,098,5 12
(18,'196,774)
89,751
(33,698,939)
t54,s96
1,117
23,835
(20't)
13,201
l 0,1 06,1 45
22,163,117
2,495,126
(24,921;783)
10 105,279,390
l,l I I,073
3,020,885
11,863,072
944,548
2,487
2,569,237
98,s34
222,900
62,733
1,8 1s"505
106,700
544,928
97 46,s43
t 4,s0l
1,862,660
13,38 1,053
I,922,920 $
City of Lancaster
Recap of Securities Held
June 30, 2023
Cash and Equivalents
Corporate Bonds
Government Agencies
Government Bonds
Short Term Bills and Notes
Municipal/Provincial Bonds
Historical Cost
$116,551,080
$ 10,004,090
$ 10,105,3 I 7
$19,923,921
$0
$2,701,452
Amor.tized Cost
$l16,551,080
s9,791,341
$ 12,701,087
$16,s26,047
$294,703
$2,700.496
Fair Value
$116,551,080
$9,398,734
$ 1 2,1 75,780
$16,058,078
s294,706
s2,s46,743
Unrealized Gain Weighted
(Loss) Average Effective
$0 I
($392,608) 676
($52s,307) 526
(s467,e70) 838
$29
($153,753) 4e3
% Portfolio/ Weighted
Segment Average Market
73.17% 0.00
6.28% 1.73
6.34% 1.37
1251% 2.t2
0.00% 0.02
L70o/o I.30
$159,285,850 $158,564,755 $157,025,120 ($1,539,635)
Portfolio Diversification
627 100.00%
rCash and Equivalents
rCorporate Bonds
r Government Agencies
I Government Bonds
r Short Term Bills and Notes
r Municipal/Provincial Bonds
l.3l
12.51%
r.70%
0.00%
634%
6 73.17%
City of Lancaster
Maturity Distribution
June30,2023
Maturitv Historical Cost Percent
Under 90 Days
90 to 179 Days
180 Days to I Year
I to 2 Years
2 to 3 Years
3 to 4 Years
4 to 5 Years
Over 5 Years
$120,251,799
$4,387,638
$6,347,639
$10,141,542
$ 10,435,001
$3,037,836
$4,684,395
$0
75.49%
2.75%
3.99o/o
6.37o/o
6.55o/o
|.91o/o
2.94o/o
0.00%
$159,285,850 100.00%
Maturify Distribution(Millions)
$ 140
$120
a
Q
cB
e)
L
a
l+l
$100
$80
$60
$40
$20
$0
Under 90 Days 90 to 179
Days
lS0Daystol I to2Years 2to3Years 3to4Years 4to5Years Over5Years Year
ATTACHMENT F
CITY OF LANCASTER
MONTHLY REPORT OF INVESTMENTS
August 8, 2023
(1) This is the actual City bank account balance as of 6/30/2023. It only reflects checks that have been presented for payment and deposits received by the bank. The balance on deposit per the City books would reflect reductions for all checks and warrants issued and all deposits transmitted.
(2) This is the safekeeping account utilized for investing City funds pursuant to and consistent with the investment policy adopted on 02/13/2018. The current portfolio consists of treasury notes, government agencies, corporates, and CDs. (3) Pooled Portfolio:
% of Portfolio Policy Limit
Cash 13.75% None
CDs 0.10% 25% of total portfolio
Commercial Paper 0.00% 25% of total portfolio
US Treasury 12.51% None
Federal Securities 6.34% None
Corporate Securities 6.28% 30% of total portfolio
Municipal/Provincial 1.70% None
California CLASS 32.29% None
LAIF 26.94% None
(4) These are restricted cash and investments are held in trust by the banks indicated.
These amounts cannot be pooled for other investments.
STAFF REPORT
City of Lancaster
CC 4
8/08/2023
JC
Date: August 8, 2023
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Stephen Carrillo, Senior Engineer – City Engineering
Subject:Final Map Approval – Parcel Map No. 84005 (Located on the Southwest Corner of Avenue J and 20th Street West)
Recommendation:
Approve the map and accept the dedications as offered on Parcel Map No. 84005, located on the southwest corner of Avenue J and 20 th Street West; make findings that this project will not violate any of the provisions of Sections 66473.5, 66474.1 and 66474.6 of the Subdivision Map Act; and instruct the City Clerk to endorse on the face of the map the certificate which embodies the approval of said map and the dedications shown thereon.
Fiscal Impact:
None.
Background:
On March 8, 2023, the Community Development Department approved Tentative Administrative Parcel Map No. 84005 for subdividing 9.27 acres into eight parcels in the Commercial Planned Development (CPD) zone. The Final Map is in substantial conformance with the approved tentative administrative map. Parcel Map No. 84005 has been examined by the City Surveyor, is in substantial conformance with the approved tentative administrative map, and is ready for Council approval. There are no required conditions of improvements and other associated entitlements for this subdivision.
SC:EW/km
Attachment:
Vicinity Map
NOT TO SCALE
N
VICINITY MAP
LOCATION
LANCASTER
CITY OF
20TH ST W
W LANCASTER BLVD
W AVE J 8
AVENUE J
25TH ST W
PM 84005
14 14
CITY
CITY OF LANCASTER
STAFF REPORT
City of Lancaster
CC 5
8/08/2023
JC
Date: August 8, 2023
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Stephen Carrillo, Senior Engineer – City Engineering
Subject:CUP 03-12 - Acceptance of Improvements (Streets) Recommendation:
Approve the developer-constructed streets on the following project. In addition, accept the streets for maintenance by the City and for public use.
Project No. Location/Owner Conditional Use Permit No. 03-12 42207 30th Street West Owner: Antelope Valley Sikh Center
Fiscal Impact:
Estimated value of Capital assets accepted is $237,057.13.
Background:
The streets have been constructed and completed by the developer according to the approved plans and specifications. The work has been inspected and found to be satisfactory to the Director - Public Works.
SC:TL/km
Attachment:
Vicinity Map
CUP 03-12
STAFF REPORT
City of Lancaster
CC 6
8/08/2023
JC
Date: August 8, 2023
To: Mayor Parris and City Council Members
From: George Harris, Director of Finance
Subject: Networking Equipment for City Hall, LPAC, MOAH, Yard and Stadium
Recommendation:
Approve the purchase of Cisco networking equipment from Logicalis using the National Association of State Procurement Officials (NASPO) ValuePoint Master Agreement #AR3227 with Cisco participating addendum CA #7-20-70-47-01 contract.
Fiscal Impact:
$191,228.33 as per the attached Logicalis quotation #2023-158049v4 to be paid from account 11218000.5360.
Background:
The City of Lancaster operates an Internet Protocol (IP) network that allows for electronic data and voice communications between city sites and the wider world. City Hall is the core backbone of the more extensive City-wide network that all electronic communications flow through and the location of the City’s primary data center . In the 2022 fiscal year, the City Council approved modernizing the City Hall data center with new Cisco networking equipment.
Building off those improvements, IT recommends updating the network equipment at MOAH, Municipal Stadium, LPAC, and City Yard to provide supported, robust, and secure networking equipment that is also modern, allowing for fast network speeds.
This project will replace HP 3800, HP 5700, and HP 2910 series switches with 17 new Cisco 9300 series switches at MOAH, Municipal Stadium, LPAC, and City Yard. As well as provide the network connectivity to support 37 new Cisco Meraki WiFi access points for improved WiFi speed and coverage.
The existing network equipment is nine years old and no longer supported by the vendor leaving the city unable to get support and critical updates and patches. Additionally, the existing network cannot deliver gigabit speeds to each city desktop, which is becoming increasingly crucial to provide online resources such as video teleconferencing and cloud-based applications.
IT Staff designed the new equipment to have extra capacity for future growth and flexibility.
Cisco was selected as the networking vendor due to the City’s past positive experience with Cisco switches and routers , as well as Cisco’s competent and readily available support resources.
Information Technology staff leveraged the NASPO ValuePoint Master Agreement #AR3227 with the Cisco Participating Addendum California #7-20-70-47-01 contract to achieve the best possible value for the City of Lancaster. NASPO Master Agreements are awarded by a lead state using a competitive procurement process. First, the lead state works with volunteers from other states to form a sourcing team. The sourcing team collaborates to develop the RFP and evaluate the proposals. The sourcing team then evaluates the solicitation responses and determines the best offers. Master Agreement , #AR3227, allows for a 35% discount on hardware and 10% on services.
GH: JH
Attachment:
Logicalis Quotation #2023-158049v4
City of Lancaster - Citywide Network Refresh Switches & APs - Phase 2
Quotation # 2023-158049v4
Prepared By Logicalis for:
City of Lancaster
To the attention of :
City of Lancaster
44933 Fern Ave
Lancaster, CA 93534-2461
July 19, 2023
Pricing Summary
The following is a price summary of Logicalis’ proposed solution.
Price Summary
Amount
Hardware
$155,219.78
Software
$9,767.88
Hardware Maintenance
$10,330.64
Additional Charges
$15,910.03
Grand Total
$191,228.33
City of Lancaster
July 19, 2023
Logicalis, Inc.
Quotation # 2023-158049v4
City of Lancaster - Citywide Network Refresh Switches & APs - Phase 2 Quotation # 2023-158049v4
Customer Name & Address
Logicalis Account Executive
City of Lancaster
44933 Fern Ave
Lancaster, CA 93534-2461
Jesse Zepeda
Corona, CA 90602
+1 9513932313
[email protected]
Bill To Address
Ship to Address
City of Lancaster
44933 Fern Ave
Lancaster,CA 93534-2461
City of Lancaster
44933 Fern Ave
Lancaster, CA 93534-2461
Quotation expiration date: August 17, 2023
This Quotation adheres to the pricing requirements of the NASPO ValuePoint Master Agreement #AR3227, Cisco Participating Addendum CA #7-20-70-47-01 contract.
MOAH
Item
Qty
Part Number
Description
Unit Price
Extended Price
Products
1 1 C9300-48U-E Catalyst 9300 48-port UPOE; Network Essentials $6,859.86 $6,859.86 2 1 CON-SNT -C93004UE SNTC-8X5XNBD Catalyst 9300 48-port UPOE; Network Esse
$775.06 $775.06
3 1 C9300-NW-E-48 C9300 Network Essentials; 48-port license $0.00 $0.00 4 1 SC9300UK9-176 Cisco Catalyst 9300 XE 17.6 UNIVERSAL
UNIVERSAL
$0.00 $0.00
5 1 PWR-C1-1100WAC-P 1100W AC 80+ platinum Config 1 Power Supply $0.00 $0.00 6 1 PWR-C1-1100WAC-P/2 1100W AC 80+ platinum Config 1 Secondary Power Supply
$1,168.69 $1,168.69
7 2 CAB-TA-NA North America AC Type A Power Cable $0.00 $0.00 8 1 C9300-SSD-NONE No SSD Card Selected $0.00 $0.00
9 1 STACK-T1-50CM 50CM Type 1 Stacking Cable $61.51 $61.51 10 1 CAB-SPWR-30CM Catalyst Stack Power Cable 30 CM $58.44 $58.44 11 1 C9300-DNA-E-48 C9300 DNA Essentials; 48-Port Term Licenses $0.00 $0.00 12 1 C9300-DNA-E-48-3Y C9300 DNA Essentials; 48-port - 3 Y ear Term License
$688.91 $688.91
13 1 C9300-NM-8X Catalyst 9300 8 x 10GE Network Module $1,568.51 $1,568.51 14 1 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deployment
$0.00 $0.00
City of Lancaster
July 19, 2023
Logicalis, Inc.
Quotation # 2023-158049v4
MOAH
Item
Qty
Part Number
Description
Unit Price
Extended Price
15 1 C9200CX-12P-2X2G-E Catalyst 9000 Compact Switch 12-Port PoE+; 240W; Essentials
$1,285.11 $1,285.11
16 1 CON-SNT -C920CXPO SNTC-8X5XNBD Catalyst 9000 Compact Switch 12-Port PoE
$128.74 $128.74
17 1 C9200CX-NW-E-12 C9200CX Network Essentials; 12-port license $0.00 $0.00 18 1 CAB-TA-NA North America AC Type A Power Cable $0.00 $0.00 19 1 C9K-CMPCT -PWR-CLP Power Retainer Clip for 9200CX Compact Switch $15.38 $15.38 20 1 SCAT9200CXUK9-179 Cisco Catalyst 9200CX XE 17.9 UNIVERSAL $0.00 $0.00 21 1 C9200CX-DNA-E-12 C9200CX Cisco DNA Essentials; 12-Port Term Licenses
$0.00 $0.00
22 1 C9200CX-DNAE12-3Y C9200CX Cisco DNA Essentials; 3Y Term License; 12P
$187.62 $187.62
23 1 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deployment
$0.00 $0.00
24 1 RACKMNT -19-CMPACT 19 in Rackmount for 9200CX switches $46.13 $46.13 25 4 SFP-10G-SR-S= 10GBASE-SR SFP Module; Enterprise-Class $344.39 $1,377.56 26 4 SFP-10G-LR-S= 10GBASE-LR SFP Module; Enterprise-Class $983.50 $3,934.00 Products Subtotal
$18,155.52
MOAH Subtotal
$18,155.52
MOAH Tax
$1,678.46
MOAH Total
$19,833.98
LPAC
Item
Qty
Part Number
Description
Unit Price
Extended Price
Products
27 1 C9300-48U-E Catalyst 9300 48-port UPOE; Network Essentials $6,859.86 $6,859.86 28 1 CON-SNT -C93004UE SNTC-8X5XNBD Catalyst 9300 48-port UPOE; Network Esse
$775.06 $775.06
29 1 C9300-NW-E-48 C9300 Network Essentials; 48-port license $0.00 $0.00 30 1 SC9300UK9-176 Cisco Catalyst 9300 XE 17.6 UNIVERSAL
UNIVERSAL
$0.00 $0.00
31 1 PWR-C1-1100WAC-P 1100W AC 80+ platinum Config 1 Power Supply $0.00 $0.00 32 1 PWR-C1-1100WAC-P/2 1100W AC 80+ platinum Config 1 Secondary Power Supply
$1,168.69 $1,168.69
33 2 CAB-TA-NA North America AC Type A Power Cable $0.00 $0.00 34 1 C9300-SSD-NONE No SSD Card Selected $0.00 $0.00
City of Lancaster
July 19, 2023
Logicalis, Inc.
Quotation # 2023-158049v4
LPAC
Item
Qty
Part Number
Description
Unit Price
Extended Price
35 1 STACK-T1-50CM 50CM Type 1 Stacking Cable $61.51 $61.51 36 1 CAB-SPWR-30CM Catalyst Stack Power Cable 30 CM $58.44 $58.44 37 1 C9300-DNA-E-48 C9300 DNA Essentials; 48-Port Term Licenses $0.00 $0.00 38 1 C9300-DNA-E-48-3Y C9300 DNA Essentials; 48-port - 3 Y ear Term License
$688.91 $688.91
39 1 C9300-NM-8X Catalyst 9300 8 x 10GE Network Module $1,568.51 $1,568.51 40 1 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deployment
$0.00 $0.00
41 2 C9200CX-12P-2X2G-E Catalyst 9000 Compact Switch 12-Port PoE+; 240W; Essentials
$1,285.11 $2,570.22
42 2 CON-SNT -C920CXPO SNTC-8X5XNBD Catalyst 9000 Compact Switch 12-Port PoE
$128.74 $257.48
43 2 C9200CX-NW-E-12 C9200CX Network Essentials; 12-port license $0.00 $0.00 44 2 CAB-TA-NA North America AC Type A Power Cable $0.00 $0.00 45 2 C9K-CMPCT -PWR-CLP Power Retainer Clip for 9200CX Compact Switch $15.38 $30.76 46 2 SCAT9200CXUK9-179 Cisco Catalyst 9200CX XE 17.9 UNIVERSAL $0.00 $0.00 47 2 C9200CX-DNA-E-12 C9200CX Cisco DNA Essentials; 12-Port Term Licenses
$0.00 $0.00
48 2 C9200CX-DNAE12-3Y C9200CX Cisco DNA Essentials; 3Y Term License; 12P
$187.62 $375.24
49 2 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deployment
$0.00 $0.00
50 2 RACKMNT -19-CMPACT 19 in Rackmount for 9200CX switches $46.13 $92.26 51 2 SFP-10G-LR-S= 10GBASE-LR SFP Module; Enterprise-Class $983.50 $1,967.00 Products Subtotal
$16,473.94
LPAC Subtotal
$16,473.94
LPAC Tax
$1,473.67
LPAC Total
$17,947.61
YARD
Item
Qty
Part Number
Description
Unit Price
Extended Price
Products
52 3 C9200CX-12P-2X2G-E Catalyst 9000 Compact Switch 12-Port PoE+; 240W; Essentials
$1,285.11 $3,855.33
53 3 CON-SNT -C920CXPO SNTC-8X5XNBD Catalyst 9000 Compact Switch 12-Port PoE
$128.74 $386.22
City of Lancaster
July 19, 2023
Logicalis, Inc.
Quotation # 2023-158049v4
YARD
Item
Qty
Part Number
Description
Unit Price
Extended Price
54 3 C9200CX-NW-E-12 C9200CX Network Essentials; 12-port license $0.00 $0.00 55 3 CAB-TA-NA North America AC Type A Power Cable $0.00 $0.00 56 3 C9K-CMPCT -PWR-CLP Power Retainer Clip for 9200CX Compact Switch $15.38 $46.14 57 3 SCAT9200CXUK9-179 Cisco Catalyst 9200CX XE 17.9 UNIVERSAL $0.00 $0.00 58 3 C9200CX-DNA-E-12 C9200CX Cisco DNA Essentials; 12-Port Term Licenses
$0.00 $0.00
59 3 C9200CX-DNAE12-3Y C9200CX Cisco DNA Essentials; 3Y Term License; 12P
$187.62 $562.86
60 3 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deployment
$0.00 $0.00
61 3 RACKMNT -19-CMPACT 19 in Rackmount for 9200CX switches $46.13 $138.39 62 6 SFP-10G-SR-S= 10GBASE-SR SFP Module; Enterprise-Class $344.39 $2,066.34 Products Subtotal
$7,055.28
YARD Subtotal
$7,055.28
YARD Tax
$625.89
YARD Total
$7,681.17
Stadium
Item
Qty
Part Number
Description
Unit Price
Extended Price
Products
63 4 C9300-48U-E Catalyst 9300 48-port UPOE; Network Essentials $6,859.86 $27,439.44 64 4 CON-SNT -C93004UE SNTC-8X5XNBD Catalyst 9300 48-port UPOE; Network Esse
$775.06 $3,100.24
65 4 C9300-NW-E-48 C9300 Network Essentials; 48-port license $0.00 $0.00 66 4 SC9300UK9-176 Cisco Catalyst 9300 XE 17.6 UNIVERSAL
UNIVERSAL
$0.00 $0.00
67 4 PWR-C1-1100WAC-P 1100W AC 80+ platinum Config 1 Power Supply $0.00 $0.00 68 4 PWR-C1-1100WAC-P/2 1100W AC 80+ platinum Config 1 Secondary Power Supply
$1,168.69 $4,674.76
69 8 CAB-TA-NA North America AC Type A Power Cable $0.00 $0.00 70 4 C9300-SSD-NONE No SSD Card Selected $0.00 $0.00
71 4 STACK-T1-50CM 50CM Type 1 Stacking Cable $61.51 $246.04 72 4 CAB-SPWR-30CM Catalyst Stack Power Cable 30 CM $58.44 $233.76 73 4 C9300-DNA-E-48 C9300 DNA Essentials; 48-Port Term Licenses $0.00 $0.00 City of Lancaster
July 19, 2023
Logicalis, Inc.
Quotation # 2023-158049v4
Stadium
Item
Qty
Part Number
Description
Unit Price
Extended Price
74 4 C9300-DNA-E-48-3Y C9300 DNA Essentials; 48-port - 3 Y ear Term License
$688.91 $2,755.64
75 4 C9300-NM-8X Catalyst 9300 8 x 10GE Network Module $1,568.51 $6,274.04 76 4 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deployment
$0.00 $0.00
77 2 C9200CX-12P-2X2G-E Catalyst 9000 Compact Switch 12-Port PoE+; 240W; Essentials
$1,285.11 $2,570.22
78 2 CON-SNT -C920CXPO SNTC-8X5XNBD Catalyst 9000 Compact Switch 12-Port PoE
$128.74 $257.48
79 2 C9200CX-NW-E-12 C9200CX Network Essentials; 12-port license $0.00 $0.00 80 2 CAB-TA-NA North America AC Type A Power Cable $0.00 $0.00 81 2 C9K-CMPCT -PWR-CLP Power Retainer Clip for 9200CX Compact Switch $15.38 $30.76 82 2 SCAT9200CXUK9-179 Cisco Catalyst 9200CX XE 17.9 UNIVERSAL $0.00 $0.00 83 2 C9200CX-DNA-E-12 C9200CX Cisco DNA Essentials; 12-Port Term Licenses
$0.00 $0.00
84 2 C9200CX-DNAE12-3Y C9200CX Cisco DNA Essentials; 3Y Term License; 12P
$187.62 $375.24
85 2 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deployment
$0.00 $0.00
86 2 RACKMNT -19-CMPACT 19 in Rackmount for 9200CX switches $46.13 $92.26 87 2 SFP-10G-SR-S= 10GBASE-SR SFP Module; Enterprise-Class $344.39 $688.78 88 2 SFP-10G-LR-S= 10GBASE-LR SFP Module; Enterprise-Class $983.50 $1,967.00 Products Subtotal
$50,705.66
Stadium Subtotal
$50,705.66
Stadium Tax
$4,532.25
Stadium Total
$55,237.91
City Hall
Item
Qty
Part Number
Description
Unit Price
Extended Price
Products
89 3 C9300-48U-E Catalyst 9300 48-port UPOE; Network Essentials $6,859.86 $20,579.58 90 3 CON-SNT -C93004UE SNTC-8X5XNBD Catalyst 9300 48-port UPOE; Network Esse
$775.06 $2,325.18
91 3 C9300-NW-E-48 C9300 Network Essentials; 48-port license $0.00 $0.00 92 3 SC9300UK9-176 Cisco Catalyst 9300 XE 17.6 UNIVERSAL
UNIVERSAL
$0.00 $0.00
City of Lancaster
July 19, 2023
Logicalis, Inc.
Quotation # 2023-158049v4
City Hall
Item
Qty
Part Number
Description
Unit Price
Extended Price
93 3 PWR-C1-1100WAC-P 1100W AC 80+ platinum Config 1 Power Supply $0.00 $0.00 94 3 PWR-C1-1100WAC-P/2 1100W AC 80+ platinum Config 1 Secondary Power Supply
$1,168.69 $3,506.07
95 6 CAB-TA-NA North America AC Type A Power Cable $0.00 $0.00 96 3 C9300-SSD-NONE No SSD Card Selected $0.00 $0.00
97 3 STACK-T1-50CM 50CM Type 1 Stacking Cable $61.51 $184.53 98 3 CAB-SPWR-30CM Catalyst Stack Power Cable 30 CM $58.44 $175.32 99 3 C9300-DNA-E-48 C9300 DNA Essentials; 48-Port Term Licenses $0.00 $0.00 100
3 C9300-DNA-E-48-3Y C9300 DNA Essentials; 48-port - 3 Y ear Term License
$688.91 $2,066.73
101
3 C9300-NM-8X Catalyst 9300 8 x 10GE Network Module $1,568.51 $4,705.53 102
3 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deployment
$0.00 $0.00
103
8 SFP-10G-SR-S= 10GBASE-SR SFP Module; Enterprise-Class $344.39 $2,755.12 104
10 SFP-10G-LR-S= 10GBASE-LR SFP Module; Enterprise-Class $983.50 $9,835.00 105
10 CAB-SPWR-30CM= Catalyst Stack Power Cable 30 CM Spare $67.97 $679.70 106
3 C9300-48U-E Catalyst 9300 48-port UPOE; Network Essentials $6,859.86 $20,579.58 107
3 CON-SNT -C93004UE SNTC-8X5XNBD Catalyst 9300 48-port UPOE; Network Esse
$775.06 $2,325.18
108
3 C9300-NW-E-48 C9300 Network Essentials; 48-port license $0.00 $0.00 109
3 SC9300UK9-176 Cisco Catalyst 9300 XE 17.6 UNIVERSAL
UNIVERSAL
$0.00 $0.00
110
3 PWR-C1-1100WAC-P 1100W AC 80+ platinum Config 1 Power Supply $0.00 $0.00 111
3 PWR-C1-1100WAC-P/2 1100W AC 80+ platinum Config 1 Secondary Power Supply
$1,168.69 $3,506.07
112
6 CAB-TA-NA North America AC Type A Power Cable $0.00 $0.00 113
3 C9300-SSD-NONE No SSD Card Selected $0.00 $0.00
114
3 STACK-T1-3M 3M Type 1 Stacking Cable $184.53 $553.59
115
3 C9300-SPWR-NONE No Stack Power Cable Selected $0.00 $0.00 116
3 C9300-DNA-E-48 C9300 DNA Essentials; 48-Port Term Licenses $0.00 $0.00 117
3 C9300-DNA-E-48-3Y C9300 DNA Essentials; 48-port - 3 Y ear Term License
$688.91 $2,066.73
118
3 C9300-NM-8X Catalyst 9300 8 x 10GE Network Module $1,568.51 $4,705.53 119
3 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deployment
$0.00 $0.00
City of Lancaster
July 19, 2023
Logicalis, Inc.
Quotation # 2023-158049v4
City Hall
Item
Qty
Part Number
Description
Unit Price
Extended Price
120
6 SFP-10G-SR-S= 10GBASE-SR SFP Module; Enterprise-Class $344.39 $2,066.34 121
6 SFP-H10GB-CU3M= 10GBASE-CU SFP+ Cable 3 Meter $52.02 $312.12 Products Subtotal
$82,927.90
City Hall Subtotal
$82,927.90
City Hall Tax
$7,599.77
City Hall Total
$90,527.67
Grand Total
Products Subtotal:
$175,318.30
Sales Tax (estimated):
$15,910.03
Grand Total:
$191,228.33
City of Lancaster
July 19, 2023
Logicalis, Inc.
Quotation # 2023-158049v4
Terms and Conditions
Terms Applicable to All Sales
1. In the event Customer chooses to lease the Products and/or Services from a third party leasing company, Customer remains liable for payment to Logicalis for all Products and/or Services purchased until Logicalis receives payment from such leasing company.
2. All items not specifically included in this document are out of scope.
3. Prices are valid for 30 days from date of the document unless otherwise stated.
4. The information in this document is considered proprietary and confidential to Logicalis. By acceptance of this Quotation, Customer agrees to maintain this confidentiality and use such information for internal purposes only.
Terms Applicable for Product Sales
1. To the extent applicable, the terms of the NASPO ValuePoint Master Agreement #AR3227, Cisco Participating Addendum CA #7-20-70-47-01 are incorporated herein by reference. For all other terms not addressed in the previously stated contract, Logicalis Terms of Sale, found on our website at www.us.logicalis.com/tcsales apply and are incorporated herein by reference.
2. Any variation in quantity or requested delivery may result in price changes.
3. Prices are subject to change without notice in the event the Product's manufacturer/distributor changes the price to Logicalis.
4. Shipping and taxes are added at time of invoice. Shipping charges are subject to handling fees for specifying carriers and same day shipments.
5. Logicalis collaborates with the OEM/distributor to schedule delivery to Customer’s loading dock; inside delivery is available upon request and may increase the cost of delivery.
6. To the extent this Quotation includes Cisco Cloud Services, the following link shall apply:
www.cisco.com/c/en/us/about/legal/cloud-and-software/cloud-terms.html. “Cisco Cloud Services” shall mean any of the offerings described on the aforementioned link. If Customer does not issue a purchase order to Logicalis or otherwise accept a Logicalis quotation to renew such Cisco Cloud Services, or does not otherwise provide written notice of non-renewal, at least forty-five (45) days prior to the end of the then-current subscription term thereof, then the Cisco Cloud Services shall automatically renew and Customer agrees to pay Logicalis for such renewed subscription term at the rates charged by Logicalis therefor.
City of Lancaster
July 19, 2023
Logicalis, Inc.
Quotation # 2023-158049v4
Quotation Acceptance
By signing below, the undersigned accepts this offer and confirms that he/she is authorized to purchase these items on behalf of Customer. This offer may be accepted by purchase order or other acknowledgement of acceptance, including, without limitation, by signing this document. Any reference to a Customer's Purchase Order or P.O. number does not indicate Logicalis' acceptance of terms and conditions referenced on/attached to any such P.O.
Accepted By:
City of Lancaster
Accepted By:
Logicalis, Inc.
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Signature
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Signature
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Printed Name
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Printed Name
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Title
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© 2023 Logicalis, Inc. All trademarks are acknowledged. All rights reserved.
City of Lancaster
July 19, 2023
Logicalis, Inc.
Quotation # 2023-158049v4
STAFF REPORT
City of Lancaster
CC 7
8/08/2023
JC
Date:August 8, 2023
To: Mayor Parris and City Council Members
From:Larissa De La Cruz, Director – Community Development Chenin Dow, Assistant Director – Housing & Economic Development Christopher Aune, Manager – Housing
Subject:Amendment to Extend Professional Services Agreement with Affordable Housing Solutions & Development of Southern California, LLC for an Additional Three Years
Recommendations:
1. Approve the Amendment to the Professional Services Agreement with Affordable Housing Solutions & Development of Southern California, LLC (AHS) for an additional three (3) years.
2. Authorize the City Manager, or his designee, to finalize and execute all documents related to the Amendment.
Fiscal Impact:
Up to $125,000.00 annually for the three-year life of the contract, for a total not to exceed $375,000.00 in Housing funds.
Background:
In February 2021, the City entered into an agreement with consultant Affordable Housing Solutions (AHS) following a Request for Proposals (RFP) process to procure technical assistance services related to affordable housing projects, programs, and funding sources. 1 3
3 7
Examples of services provides by AHS include assistance with drafting Requests for Proposals consistent with the requirements of various funding sources, providing technical services and assistance to draft and carry out Disposition & Development Agreements, monitoring emerging funding sources and Notice of Funding Availability (NOFA) schedules, monitoring and supporting the Zero Net Energy (ZNE) alliance project, and providing expert advice to support miscellaneous programs and projects.
Due to their extensive expertise, thorough familiarity with the City’s existing programs, and current status assisting with the execution of several pending long-term projects, staff proposes to extend the existing Professional Services Agreement for a period of three (3) years.
CD/CA/sm
Attachments:
Exhibit A – Amendment No.1
Exhibit B – Original Professional Services Agreement
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
This Amendment (“Amendment No. 1”) is hereby entered into effective August 8, 2023 by and between the City of Lancaster, a Municipal Corporation, in the State of California, and Affordable Housing Solutions & Development of Southern California, LLC (CONTRACTOR) with respect to Exhibit “B” of the Agreement for Services between the parties dated February 2, 2021 (“Agreement”).
The Parties agree as follows:
1. The term of the Agreement is extended to and including August 8, 2026.
2. Exhibit B to the Agreement is hereby deleted in its entirety and replaced with “Term, Payment and Time for Commencement and Completion Clause Update,” attached hereto as Exhibit “A”.
3. All other terms and provisions of the Agreement and subsequent amendments are hereby reaffirmed.
CITY OF LANCASTER CONTRACTOR
Affordable Housing Solutions
____________________________ __________________________ Jason Caudle, City Manager Timothy Sales, Principal
ATTEST:
____________________________
Andrea Alexander, City Clerk
____________________________
City Attorney
EXHIBIT “A”
EXHIBIT A - TERM, PAYMENT AND TIME FOR COMMENCEMENT AND
COMPLETION CLAUSE UPDATE
Term
This Agreement shall become effective and shall be in full force and effect upon the execution of the Agreement by the City and the CONTRACTOR. This Amendment shall continue in full force and effect for a period of three (3) additional years from the effective date of the Agreement (the “Term”), unless the Agreement is sooner terminated in accordance with the Terms and Conditions in the Original Agreement dated February 2, 2021; provided, however, that the City and the CONTRACTOR may mutually agree in writing to extend the Term of this Agreement for one (1) additional two-year period.
Payment
The City of Lancaster shall reimburse the CONTRACTOR for the performance of the work, in an amount not to exceed $125,000.00 per year, with a total of $375,000.00 for the length of the agreement.
Time for Commencement and Completion
CONTRACTOR shall commence performance of the work no later than three (3) calendar days following issuance of Notice to Proceed.
EXHIBIT A
SCOPE OF SERVICES
AND RATES SCHEDULE
Consultant will provide professional affordable housing finance and development advisory services on an as-needed basis in the potential areas of engagement listed below. Services will be billed on a time & materials (T&M) basis against this contract authorization. Scope of Services is illustrative and is to be prioritized based on Client needs and authorization. Consultant will manage work plan approach to each item in coordination with Client.
1. Manage RFP (Request for Proposal) processes and assist in selection of qualified real estate development firms or development-related contractors.
oHNR-1: On-going; services to be specifically covered by this contract include post-DDA required developer implementation support.
OHNR-3: Work with selected development team to negotiate ENA and DDA(s); finalize planning concepts for site; create federal, state, and local funding subsidy program strategy and schedule; identify other partners and stakeholder groups for participation in infrastructure improvements and community-based programs for the site and the surrounding neighborhoods, and other post- DDA required developer implementation support as necessary.
OScattered Site RFP: solicit proposals from potential developers seeking to develop smaller scale affordable home ownership units on sites throughout the City and negotiate DDA(s).
2. Develop scattered site strategy for marketing and development of LHA & City-owned properties, including:
oHNR-5 & HNR-7
oOther HNR scattered sites comprised located primarily in central and northeastern Lancaster OHerald Tract sites
OOther sites owned by City / Successor Agency
3. Conduct market, product & financial feasibility investigations, including outreach to prospective developers, management of RFP process in support of developer selection and negotiation of DDA(s), in support of sourcing alternative higher density products for HNR-6 & HNR-9.
4. Provide affordable housing finance and development advisory services in support of LHA- proposed affordable housing developments or affordable housing developments submitted by third-parties seeking financial or other assistance from City.
5. Provide assistance with motel conversions and other permanent supportive housing projects, including working with selected developers on potential funding opportunities for both acquisition/rehab and supportive services.
6. Keep City staff apprised of local, state and HUD regulatory changes, as well as new resource opportunities.
7. Assist with monitoring and compliance with state and HUD programs and regulations (I.e., PLHA 5- Year Plan, CalHome, Con Plan, etc.).
8. Prepare County, state and private funding applications, strategic plans, etc. as necessary.
9. Support and coordinate LHA site marketing and development efforts with on-going design and implementation of the proposed City Microgrid and Spot Muni efforts.
10. Provide other owners representative services in support of the needs of LHA efforts and site development.
Team MemberHourly Rates
Timothy Sales $225
Sue Sturmer $225
Allan D. Kotin $225
Faith Backus $185
- 1 -
Professional Services Agreement; Affordable Housing Solutions January 2021
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made and entered into this 2nd day of February, 2021, by and between the CITY OF LANCASTER, a municipal corporation and charter city, (“City”), and Affordable Housing Solutions & Development of Southern California , LLC, a Limited Liability Company (“Consultant”) (collectively, sometimes referred to hereinafter as the “Parties”).
RECITALS
WHEREAS, the City desires to engage Consultant to perform certain technical and professional services, as provided herein, identified as:
AFFORDABLE HOUSING FINANCIAL & DEVELOPMENT ADVISOR (THE “SERVICES”)
WHEREAS, the principal members of Consultant are qualified and duly registered/licensed under the laws of the State of California, and Consultant desires to accept such engagement;
NOW, THEREFORE, the parties agree as follows:
1. Parties to the Agreement.
The parties to this Agreement are:
A. CITY: City of Lancaster
B. CONSULTANT: Affordable Housing Solutions &
Development of Southern California, LLC
275 Anita Drive
Pasadena, CA 91105
2. Notices. All written notices required by or related to this Agreement shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this Agreement shall refuse to accept such mail; parties to this Agreement shall promptly inform the other party of any changes of address. All notices required by this Agreement are effective on the day of receipt, unless otherwise indicated herein.
CITY City of Lancaster
Attn: Jason Caudle, City Manager
44933 North Fern Avenue
Lancaster, California 93534
CONSULTANT Affordable Housing Solutions &
Development of Southern California, LLC
Attn: Timothy Sales
275 Anita Drive
Pasadena, CA 91105
DocuSign Envelope ID: AD7E24F2-CA39-4548-9882-6EB95922AF47
- 2 -
Professional Services Agreement; Affordable Housing Solutions January 2021
3. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without prior written consent of the other party, and any such assignments without said consent shall be void.
4. Description of Work . The City hereby engages Consultant , and Consultant accepts such engagement, to perform the technical and professional services set forth in the “ Scope of Services and Rates Schedule ,” attached hereto as Exhibit “ A” and incorporated herein by reference. Consultant shall perform and complete, in a manner sa tisfactory to the City , all work and services set forth in Exhibit “A.” The City Manager or his designee shall have the right to review and inspect the work during the course of its performance at such times as may be specified by the City Manager, or his designee.
5. Obligations of the City.
A. The City shall pay Consultant an amount not to exceed $120,000 for all work necessary to complete the Services, as set forth in the Scope of Work attached hereto and incorporated by reference herein as Exhibit A. Payments will be made within thirty (30) days following submittal of a monthly invoice detailing the services performed, and percentage of total services, toward completion of benchmarks, as described in the Budget provisions of Exhibit A.
B. No paym ent made hereunder by the City to Consultant, other than the final payment, shall be construed as an acceptance by the City of any work or materials, nor as evidence of satisfactory performance by Consultant of its obligations under this Agreement.
6. Obligations of the Consultant.
A. Consultant shall perform as required by this Agreement and in accordance with the Scope of Services and Rates Schedule set forth in Exhibit A.
B. Consultant shall be responsible for payment of all employees’ wages and benefits, and shall comply with all requirements pertaining to employer ’s liability, workers ’ compensation, unemployment insurance, and Social Security.
C. Consultant shall not subcontract any of the work required to perform the Services without the express prior written approval of the City.
7. Hold Harmless and Indemnification . Consultant agrees to indemnify and hold harmless the City, its elected officials, officers and employees, from and against any and all third party claims, losses, obligations, or liabilities whatsoever, including reasonable attorney’s fees, incurred to the extent arising out of or related to Consultant ’s negligent or willful wrongful acts, errors or omissions, or those of its employees or agents. Consultant agrees to defend the City, its officers and employees, using counsel of the City ’s choosing, from and against any and all claims covered by the indemnity in the preceding sentence.
8. Amendments. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon mutual written approval by the City and Consultant.
DocuSign Envelope ID: AD7E24F2-CA39-4548-9882-6EB95922AF47
- 3 -
Professional Services Agreement; Affordable Housing Solutions January 2021
9. Non-Discrimination and Equal Employment Opportunity.
A. In the performance of this Agreement , Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Affirmative action relating to employment shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.
B. The provisions of subsection A above shall be included in all solicita tions or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. The City shall have access to all documents, data and records of Consultant and its subcontractors for purposes of determining compliance with the equal employment opportunity and non- discrimination provisions of this Section.
10. Term; Effective Date. This Agreement shall become effective and shall be in full force and effect upon the execution of the Agreement by the City and the Cons ultant. This Agreement shall continue in full force and effect for thirty -six (36) months, unless the Agreement is sooner terminated in accordance with this Agreement; provided, however, that the City and the Consultant may mutually agree in writing to extend the Term of this Agreement.
11. Termination.
A. For Convenience. The City may terminate this Agreement at any time without cause by giving thirty (30) days written notice to the other party of such termination and specifying the effective date thereof. In the event of termination of this Agreement, Consultant will be paid for work completed through the date of termination within thirty (30) days following submittal of a final invoice.
B. For Cause. If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, Consultant shall correct such failure within ten (10) days (or such longer period that the City may authorize in writing) after rec eipt of notice from the City specifying such failure. Should the failure not be corrected within this time period, the City may immediately terminate the Agreement by written notice to Consultant.
C. In the event of termination, whether for convenience or ca use, reports, plans, studies and other documents (collectively, “documents”) related to the Services shall become the City’s property. Consultant shall provide all documents to the City that have not yet been within ten (10) calendar days after termination of the Agreement.
12. Independent Contractor. Consultant is an independent contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of the City . It is ex pressly understood between the Parties to this Agreement that no employee/employer relationship is intended.
DocuSign Envelope ID: AD7E24F2-CA39-4548-9882-6EB95922AF47
- 4 -
Professional Services Agreement; Affordable Housing Solutions January 2021
13. Insurance.
A. The Consultant, at its expense, shall maintain in effect at all times during the term of this Agreement the following coverage and limits of insurance, which shall be maintained w ith insurers listed “A-, VIII” or better in the Best’s Key Rating Guide:
Commercial General Liability
Each Occurrence $1,000,000
Per Project General Aggregate $2,000,000
Including Products/Completed Operations; Contractual Liability/Independent Contractors; Property Damage
(Coverage shall be at least as broad as ISO form CG2010 11/85 or CG2010 07/04 and CG2037 07/04 combined, or an equivalent providing ongoing and completed operations)
Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $1,000,000
(Coverage shall be at least as broad as ISO form CA00 01)
Workers Compensation
As Required by the State of California Statutory Limits
Employers’ Liability
Each Accident $1,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000
(A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation & Employers’ Liability policies)
Professional Liability
Each Occurrence $1,000,000
General Aggregate $1,000,000
B. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured’s liability.
C. Professional liability and/or cyber insurance wr itten on a “claims made” basis must be renewed for a period of three (3) years after this contract expires or is terminated. Such insurance must have the same coverage and limits as the policy that was in effect during the term of this contract and will cover Consultant for all claims made by the City insured entities arising out of any acts or omissions of Consultant or its officers, employees, or agents during the time this Agreement was in effect.
D. Any deductibles or self-insurance retentions must be declared and approved by the City. At the City’s option, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City insured entities or the insurer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
DocuSign Envelope ID: AD7E24F2-CA39-4548-9882-6EB95922AF47
- 5 -
Professional Services Agreement; Affordable Housing Solutions January 2021
E. All insurance shall be primary and non- contributory as respects the City insured entities. Any insurance or self-insurance maintained by the City insured entities shall be in excess of the Consultant’s insurance and shall not contribute with it.
F. Consultant shall furnish the City with Certificates of Insurance and with original endorsements effecting coverage required by this Agreement. Certificates of Insurance shall meet the following requirements:
(1) Show that the insurance policy has been endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after 30 days’ prior written notice (10 days’ written notice for non-payment) to the City of Lancaster.
(2) List in the “Descriptions of Operations/Locations/Vehicles” section:
“Affordable Housing Financial & Development Advisor”
The City of Lancaster, its elected officials, officers, employees and volunteers are included as additiona l covered parties, but only insofar as the operations under this contract are concerned.”
(3) List in the “Certificate Holder” section:
The City of Lancaster, 44933 Fern Avenue, Lancaster, California 93534.
14. Commencement and Completion of Work . The Services to be provided by Consultant pursuant to t his Agreement shall commence work immediately upon execution of this Agreement, and shall be completed no later than 90 days following commencement; provided however, that the Parties may agree to extend the time for completion upon mutual written agreement.
15. Ownership of Documents . All plans, specifications, reports, studies, maps and other documents prepared or obtained by Consultant in the course of performing the work and are required by this Agreement to be delivered to the City shall be the property of the City. Basic sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City without restriction or limitation on their use.
16. Data Provided to Consultant . City shall provide to Consultant , without charge, all data, including reports, records, maps and other information, now in the City’s possession which may facilitate the timely performance of the work described in Exhibit A.
17. Consultant’s Warranties and Representations.
Consultant warrants and represents to City as follows:
A. Consultant has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement.
B. Consultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant , any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the execution of this Agreement . Upon any breach or DocuSign Envelope ID: AD7E24F2-CA39-4548-9882-6EB95922AF47
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Professional Services Agreement; Affordable Housing Solutions January 2021 violation of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without further liability, or, in the alternative, to deduct from a ny sums payable hereunder the full amount or value of any such fee, commission, percentage or gift.
C. Consultant has no knowledge that any officer or employee of the City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of the Consultant, and that if any such interest comes to the knowledge of Consultant at any time, a complete written disclosure of such interest will be made to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws.
D. Upon the execution of this Agreement, Consultant has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner hinder the performance of services and work required by this Agreement , nor shall any such interest be acquired during the term of this Agreement.
18. Resolution of Disputes.
A. Disputes regarding the interpretation or application of any provisions of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties.
B. If the parties cannot resolve the dispute through good faith negotiations, either party may give Notice of Dispute to the other party. The Notice of Di spute shall state the nature of the dispute and the corrective action necessary to remedy the dispute.
After Notice of Dispute, the parties shall first attempt to resolve any disputes by mediation. The parties shall agree on a single mediator . Mediation shall be conducted in Lancaster, California. Each party shall pay its own attorneys ’ fees and the costs of mediation shall be split equally between the parties.
If the dispute has not been resolved by mediation within 45 days after Notice of Dispute, or the parties are unable to agree to a mediator, within 15 days after Notice of Dispute, then, the dispute may, upon agreement of the parties be resolved by binding arbitration.
C. If any action at law or in equity is brought to enforce or interpret any provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney ’s fees, cost and necessary disbursements, in addition to such other relief as may be sought and awarded.
19. Exhibits.
The following exhibits to w hich reference is made in this Agreement are deemed incorporated herein in their entirety:
Exhibit “A” Scope of Services and Rates Schedule
20. Governing Law.
This Agreement shall be governed by the laws of the State of California.
DocuSign Envelope ID: AD7E24F2-CA39-4548-9882-6EB95922AF47
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Professional Services Agreement; Affordable Housing Solutions January 2021
21. Effective Date.
This Agreement shall become effective as of the date set forth below on which the last of the parties, whether City or Consultant, executes said Agreement.
[Signatures begin on next page.]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
DocuSign Envelope ID: AD7E24F2-CA39-4548-9882-6EB95922AF47
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Professional Services Agreement; Affordable Housing Solutions January 2021
CITY OF LANCASTER
LANCASTER, CALIFORNIA
By:
Jeff Hogan, Director of Public Works
Dated:
By:
Jason Caudle, City Manager
Dated:
AFFORDABLE HOUSING SOLUTIONS &
DEVELOPMENT OF SOUTHERN CALIFORNIA
By:
Timothy Sales, Principal
Dated:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
DocuSign Envelope ID: AD7E24F2-CA39-4548-9882-6EB95922AF47 February 2, 2021 | 11:26:41 AM PST
February 2, 2021 | 1:13:30 PM PST
February 3, 2021 | 9:32:33 AM PST
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Professional Services Agreement; Affordable Housing Solutions January 2021
EXHIBIT A
SCOPE OF SERVICES
AND RATES SCHEDULE
Consultant will provide professional affordable housing finance and development advisory services on an as-needed basis in the potential areas of engagement listed below. Services will be billed on a time & materials (T&M) basis against this contract authorization. Scope of Services is illustrative and is to be prioritized based on Client needs and authorization. Consultant will manage work plan approach to each item in coordination with Client.
1. Manage RFP (Request for Proposal) processes and assist in selection of qualified real estate development firms
o HNR-1: On-going; services to be specifically covered by this contract include negotiation of DDA and subsequent required developer implementation support. o HNR-3: Finalize planning concepts for site; preview developer interest; manage RFP process in support of developer selection; negotiate DDA(s). o HNR-4: Develop market-driven development concepts for site; establish City department requirements for re-master planning; preview developer and community interest; assist with identifying and accessing outside (I.e., state, federal, private, etc.) funding sources for infrastructure improvements; manage RFP process in support of developer selection; negotiate DDA(s).
o Scattered Site RFP: solicit proposals from potential developers seeking to develop smaller scale affordable home ownership units on sites throughout the City and negotiate DDA(s).
2. Develop scattered site strategy for marketing and development of LHA & City-owned properties, including:
o HNR-5, HNR-7 & HNR-8
o Other HNR scattered sites comprised located primarily in central and northeastern Lancaster
o Herald Tract sites
o Other sites owned by City / Successor Agency
3. Conduct market, product & financial feasibility investigations, including outreach to prospective developers, in support of sourcing alternative higher density products for HNR-6 & HNR-9.
4. Provide affordable housing finance and development advisory services in support of LHA- proposed affordable housing developments or affordable housing developments submitted by third-parties seeking financial or other assistance from City
5. Keep City staff apprised of local, state and HUD regulatory changes, as well as new resource opportunities.
6. Assist with monitoring and compliance with state and HUD programs and regulations (I.e., PLHA 5-Year Plan, Con Plan, etc.)
DocuSign Envelope ID: AD7E24F2-CA39-4548-9882-6EB95922AF47
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Professional Services Agreement; Affordable Housing Solutions January 2021
7. Prepare County, state and private funding applications, strategic plans, etc. As necessary.
8. Support and coordinate LHA site marketing and development efforts with on-going design and implementation of the proposed City Microgrid and Spot Muni efforts
9. Provide other owners representative services in support of the needs of LHA efforts and site development.
Hourly Rates
Team Member Hourly Rate
Timothy Sales $225
Sue Sturmer $225
Faith Backus $185
DocuSign Envelope ID: AD7E24F2-CA39-4548-9882-6EB95922AF47
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
ADDL SUBRINSR
LTR INSD WVD
DATE (MM/ DD/YYYY)
CONTACTPR ODUCER NAME :
FAXPH ONE
(A/C, No):(A/C, No, Ex t):
E- MAIL
ADDRESS:
INSU R ER A :
INSU R ED INSU R ER B :
INSU RER C :
INSU R ER D :
INSU RER E :
INSU RER F :
PO LIC Y EF F PO LIC Y EXPTYPE OF INSU RANCE LIM ITSPO LICY NUMB ER (MM/ DD /YYYY) (MM/ DD /YYYY)
AUTOMO BILE LIABILITY
UMB REL LA LIAB
EXC ESS LIAB
WO RKER S COM PEN SA TION
AND EM PLOYER S' LIABILITY
DESC RIPT ION OF OPER ATIONS / LOCATIONS / VEH ICLES (ACORD 101, Additional R em arks Sc hedule, may be attached if more space is required)
AUTHORIZED REPR ESEN TATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT
$OTHER:
COMBINED SINGLE LIMIT $(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $(Per accident)AUTOS ONLY AUTOS ONLY $
EACH OCCURRENCE $OCCUR
CLAIMS-MADE AGGREGATE $
$DED RETENTION $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SH OULD ANY OF THE ABOVE DESC RIBED PO LICIES BE CANCEL LED BEF ORE
THE EXPI RATION DATE THER EO F, NOTICE W ILL BE DEL IVER ED IN ACCORDANCE W ITH THE PO LICY PR OVI SIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOW N MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CER TIFICATE IS ISSU ED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPO N THE CER TIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVE LY OR NEG ATIVELY AMEN D, EX TEN D OR ALTER THE COVER AGE AFFORDED BY THE PO LICIES BELOW. THIS CER TIFICATE OF INSU RANCE DOES NOT CONST ITUTE A CONTRACT BET WEEN THE ISSU ING INSU RER (S), AUTHORIZED REPR ESE NTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED , the policy(ies) must have ADDITIONAL INSU RED provisions or be endorsed.
If SU BROGATION IS WAIVED , subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
Policy Number:
TIMOTHY SALES
275 ANITA DR.
PASADENA, CA 91105
Sandra Macdonald Agency
17141 Ventura Blvd., #202
Encino, CA 91316
(818)906-1042
Date Entered:
(818)906-0210
Produced using Forms Boss Plus software. www.FormsBoss.com; Impressive Publishing, LLC 800-208-1977
AFFORDABLE HOUSING SOLUTIONS & DEVELOPMENT
OF S. CA //&
PSI0014000275 2/21/2020
A
PSI0014000275 02/21/2020 02/21/2021
2,000,000
1,000,000
1,000,000
1,000,000
1,000,000
5,000
AFFORDABLE HOUSING FINANCIAL & DEVELOPMENT ADVISOR
THE CITY OF LANCASTER, ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES AND VOLUNTEERS ARE INCLUDED AS
THE CITY OF LANCASTER
44933 FERN AVENUE
LANCASTER, CA 93534
CERTIFICATE HOLDER AS ADDITIONAL INSURED
30 DAY NOTICE OF CANCELLATION AND 10 DAY FOR NON-PAYMENT OF PREMIUM 2/21/2020
LLOYDS OF LONDON
//2<'6 OF LONDON
ADDITIONAL COVERED PARTIES, BUT ONLY INSOFAR AS THE OPERATIONS UNDER THIS CONTRACT ARE CONCERNED 1,000
B PREOFESSIONAL LIABILITY PSI0014000275 02/21/2020 02/21/2021 $1,000,000 $2,500
EACH CLAIM/OCCUR
DEDUCTIBLE
DEDUCTIBLE
X
STAFF REPORT
City of Lancaster
CC 8
8/08/2023
JC
Date: August 8, 2023
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Director – Community Development Department Chenin Dow, Assistant Director – Housing & Economic Development Christopher Aune, Manager – Housing Manager
Subject:Amendment to Extend Professional Services Agreement with Best, Best & Krieger LLP for an Additional Three Years
Recommendations:
1. Approve the Amendment to the Professional Services Agreement with Best, Best & Krieger LLP (BBK) for an additional three (3) years.
2. Authorize the City Manager, or his designee, to finalize and execute all documents related to the amendment.
Fiscal Impact:
Up to $100,000.000 annually in affordable housing funds for the three-year life of the amendment, for a total not to exceed $300,000.00.
Background:
The City has been utilizing Best, Best & Krieger LLP for legal services since May 2020. BBK is engaged to provide as-needed affordable housing advice including but not limited to real estate, affordable housing financing, negotiating and memorializing housing transactions and related housing planning, land use, and CEQA work. Additionally, BBK provides as-needed transactional economic development, real estate, and financing work.
1 3
3 9
Because of BBK’s extensive expertise in these areas, as well as their familiarity with several key projects currently underway in the Housing section, staff proposes to extend their existing professional services agreement for an additional three (3) years. This will allow them to complete the remainder of their currently pending projects and continue to advise Housing staff regarding upcoming programs and developments.
CA/sm
Attachments:
Exhibit A – Amendment No.1
Exhibit B – Original Professional Services Agreement
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
This Amendment (“Amendment No. 1”) is hereby entered into effective August 14, 2023 by and between the City of Lancaster, a Municipal Corporation, in the State of California, and Best, best & Krieger LLP, a limited partnership (“CONTRACTOR”) with respect to Exhibit “ B” of the Agreement for Services between the parties dated May 14, 2020 (“Agreement”).
The Parties agree as follows:
1. The term of the Agreement is extended to and including August 14, 2026.
2. Exhibit B to the Agreement is hereby deleted in its entirety and replaced with “Term, Payment and Time for Commencement and Completion Clause Update ,” attached hereto as Exhibit “A”.
3. All other terms and provisions of the Agreement and subsequent amendments are hereby reaffirmed.
CITY OF LANCASTER CONTRACTOR
Best, Best & Krieger
____________________________ __________________________ Jason Caudle, City Manager Elizabeth Wagner Hull, Partner
ATTEST:
____________________________
Andrea Alexander, City Clerk
____________________________
City Attorney
EXHIBIT “A”
EXHIBIT A - TERM, PAYMENT AND TIME FOR COMMENCEMENT AND
COMPLETION CLAUSE UPDATE
Term
This Agreement shall become effective and shall be in full force and effect upon the execution of the Agreement by the City and the CONTRACTOR. This Amendment shall continue in full force and effect for a period of t hree (3) additional years from the effective date of the Agreement (the “Term”), unless the Agreement is sooner terminated in accordance with the Terms and Conditions in the Original Agreement dated February 2, 2021; provided, however, that the City and the CONTRACTOR may mutually agree in writing to extend the Term of this Agreement for one (1) additional two-year period.
Payment
The City of Lancaster shall reimburse the CONTRACTOR for the performance of the work, in an amount not to exceed $100,000.00 per year, with a total of $ 300,000.00 for the length of the agreement.
Time for Commencement and Completion
CONTRACTOR shall commence performance of the work no later than three (3) calendar days following issuance of Notice to Proceed.
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Professional Services Agreement; December 2018
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made and entered into this _____ day of _____________, 2020. by and between the CITY OF LANCASTER, a municipal corporation and charter city , (“City”), and BEST BEST & KRIEGER LLP, a limited partnership (“Consultant”) (collectively, sometimes referred to hereinafter as the “Parties”).
RECITALS
WHEREAS, the City desires to engage Consultant to perform certain technical and professional services, as provided herein, identified as:
ECONOMIC DEVELOPMENT, REAL ESTATE AND
AFFORDABLE HOUSING ATTORNEY SERVICES (THE “SERVICES”)
WHEREAS, the principal members of Consultant are qualified and duly registered/licensed under the laws of the State of California, and Consultant desires to accept such engagement;
NOW, THEREFORE, the parties agree as follows:
1. Parties to the Agreement.
The parties to this Agreement are:
A. CITY: City of Lancaster
B. CONSULTANT: Best Best & Krieger LLP
2. Notices. All written notices require d by or related to this Agreement shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this Agreement shall refuse to accept such mail; parties to this Agreement shall promptly inform the other party of any changes of address. All notices required by this Agreement are effective on the day of receipt, unless otherwise indicated herein.
CITY City of Lancaster
Attn: Jason Caudle, City Manager
44933 North Fern Avenue
Lancaster, California 93534
CONSULTANT Best Best & Krieger LLP
Attn: Elizabeth Wagner Hull, Partner
18101 Von Karman Ave, Suite 1000
Irvine, CA 92612
3. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without prior written consent of the other party, and any such assignments without said consent shall be void.
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD
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Professional Services Agreement; December 2018
4. D escription of Work . The City hereby engages Consultant , and Consultant accepts such engagement, to perform the technical and professional services set forth in the “ Scope of Services and Rates Schedule,” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant shall perform and complete, in a manner satisfactory to the City , all work and services set forth in Exhibit “A.” The City Manager or his designee shall have the right to review and inspect the work during the course of its performance at such times as may be specified by the City Manager, or his designee.
5. Obligations of the City.
A. The City shall pay Consultant an amount not to exceed $100,000 for all work necessary to complete the Services, as described in the Scope of Services and Rates Schedule. Payments shall be due within thirty (30) days following submittal of an invoice detailing the services performed, at the hourly rates set forth in Exhibit A.
B. N
o payment made hereunder by the City to Consultant , other than the final payment, shall be construed as an acceptance by the City of any work or materials, nor as evidence of satisfactory performance by Consultant of its obligations under this Agreement. 6 . Obligations of the Consultant.
A. C
onsultant shall perform as required by this Agreement and in accordance with the Scope of Services and Rates Schedule set forth in Exhibit A.
B. C
onsultant shall be responsible for payment of all employees’ wages and benefits, and sha ll comply with all requirements pertaining to employer ’s liability, workers ’ compensation, unemployment insurance, and Social Security.
C. C
onsultant shall not subcontract any of the work required to perform the Services without the express prior written approval of the City.
7. Hold Harmless and Indemnification . Consultant agrees to indemnify and hold harmless the City, its elected officials, officers and employees, from and against any and all third party claims, losses, obligations, or liabilities wh atsoever, including reasonable attorney’s fees, incurred to the extent arising out of or related to Consultant’ s negligent or willful wrongful acts, errors or omissions, or those of its employees or agents. Consultant agrees to defend the City, its officers and employees, using counsel of the City ’s choosing, from and against any and all claims covered by the indemnity in the preceding sentence.
8 . Amendments. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon mutual written approval by the City and Consultant.
9 . Non-Discrimination and Equal Employment Opportunity.
A. I
n the performance of this Agreement , Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD -
3 -
Professional Services Agreement; December 2018
national origin, physical or mental disability or age. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Affirmative action relating to employment shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.
B. T
he provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. The City shall have access to all documents, data and records of Consultant and its subcontractors for purposes of determining compliance with the equal employment opportunity and non- discrimination provisions of this Section.
1 0. Term; Effective Date. This Agreement shall become effective and shall be in full force and effect upon the execution of the Agreement by the City and the Consultant. This Agre ement shall continue in full force and effect for twelve (12) months, unless the Agreement is sooner terminated in accordance with this Agreement; provided, however, that the City and the Consultant may mutually agree in writing to extend the Term of this Agreement.
1 1. Termination.
A. F
or Convenience. The City may terminate this Agreement at any time without cause by giving thirty (30) days written notice to the other party of such termination and specifying the effective date thereof. In the event of termination of this Agreement, Consultant will be paid for work completed through the date of termination within thirty (30) days following submittal of a final invoice.
B. For Cause. If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, Consultant shall correct such failure within ten (10) days (or such longer period that the City may authorize in writing) after receipt of notice from the City specifying such failure. Should the failure not be corrected within this time period, the City may immediately terminate the Agreement by written notice to Consultant.
C. In the event of termination, whether for convenience or cause, reports, plans, studies and other documents (collectively, “documents”) related to the Services shall become the City’s property. Consultant shall provide all documents to the City that have not yet been within ten (10) calendar days after termination of the Agreement.
12. Independent Contractor. Consultant is an independent contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of the City. It is expressly understood between the Parties to this Agreement that no employee/employer relationship is intended. 1 3. Insurance.
A. T he Consultant, at its expense, shall maintain in effect at all times during the term of this Agreement the following coverage and limits of insurance, which shall be maintained with insurers listed “A-, VIII” or better in the Best’s Key Rating Guide:
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD -
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Professional Services Agreement; December 2018
C
ommercial General Liability
Each Occurrence $2,000,000
Per Project General Aggregate $5,000,000
Including Products/Completed Operations; Contractual Liability/Independent Contractors; Property Damage
(Coverage shall be at least as broad as ISO form CG2010 11/85 or CG2010 07/04 and CG2037 07/04 combined, or an equivalent providing ongoing and completed operations) C
ommercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $5,000,000
(Coverage shall be at least as broad as ISO form CA00 01) Wor
kers Compensation
As Required by the State of California Statutory Limits E
mployers’ Liability
Each Accident $1,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000
(A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation & Employers’ Liability policies)
P
rofessional Liability
Each Occurrence $5,000,000
General Aggregate $5,000,000
B. T
he Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured’s liability.
C. P
rofessional liability and/or cyber insurance written on a “cl aims made” basis must be renewed for a period of three (3) years after this contract expires or is terminated. Such insurance must have the same coverage and limits as the policy that was in effect during the term of this contract and will cover Consultant for all claims made by the City insured entities arising out of any acts or omissions of Consultant or its officers, employees, or agents during the time this Agreement was in effect.
D. A
ll insurance shall be primary and non- contributory as respects the City insured entities. Any insurance or self-insurance maintained by the City insured entities shall be in excess of the Consultant’s insurance and shall not contribute with it.
E. C
onsultant shall furnish the City with Certificates of Insurance and with ori ginal endorsements effecting coverage required by this Agreement. Certificates of Insurance shall meet the following requirements:
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD -
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Professional Services Agreement; December 2018
(1) Show that the insurance policy has been endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after 30 days’ prior written notice (10 days’ written notice for non-payment) to the City of Lancaster.
(2
) List in the “Descriptions of Operations/Locations/Vehicles” section:
“Economic Development, Real Estate and A ffordable Housing Attorney Services
T
he City of Lancaster, its elected officials, officers, employees and volunteers are included as additional covered parties, but only insofar as the operations under this contract are concerned.”
(3
) List in the “Certificate Holder” section:
The City of Lancaster, 44933 Fern Avenue, Lancaster, California 93534. 1 4. Commencement and Completion of Work . The Services to be provided by Consultant pursuant to t his Agreement shall commence immediately after execution of this Agreement, and shall continue in full force for 12 months following commencement; provided however, that the Parties may agree to extend the time for completion upon mutual written agreement. 1 5. Ownership of Documents . All plans, specifications, reports, studies, maps and other documents prepared or obtained by Consultant in the course of performing the work and are required by this Agreement to be delivered to the City shall be the property of the City. Basic sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City without restriction or limitation on their use. 16 . Data Provided to Consultant . City shall provide to Consultant , without charge, all data, including reports, records, maps and other information, now in the City’s possession which may facilitate the timely performance of the work described in Exhibit A.
17. Consultant’s Warranties and Representations.
C
onsultant warrants and represents to City as follows:
A. C
onsultant has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement.
B. C
onsultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant , any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the execution of this Agreement . Upon any breach or violation of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without further liability, or, in the alternative, to deduct from any sums payable hereunder the full amount or value of any such fee, commission, percentage or gift.
C. C
onsultant has no knowledge that any officer or employee of the City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD -
6 -
Professional Services Agreement; December 2018
the business of the Consultant, and that if any such interest comes to the knowledge of Consultant at any time, a complete written disclosure of such interest will be made to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws.
D. U
pon the execution of this Agreement, Consultant has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner hinder the performance of services and work required by this Agreement , nor shall any such interest be acquired during the term of this Agreement.
18 . Resolution of Disputes.
A. D
isputes regarding the interpretation or application of any provisions of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties.
B. If
the p arties cannot resolve the dispute through good faith negotiations, either party may give Notice of Dispute to the other party. The Notice of Dispute shall state the nature of the dispute and the corrective action necessary to remedy the dispute.
After Notice of Dispute, the parties shall first attempt to resolve any disputes by mediation. The parties shall agree on a single mediator . Mediation shall be conducted in Lancaster, California. Each party shall pay its own attorneys ’ fees and the costs of mediation shall be split equally between the parties.
If the dispute has not been resolved by mediation within 45 days after Notice of Dispute, or the parties are unable to agree to a mediator, within 15 days after Notice of Dispute, then, the dispute may, upon agreement of the parties be resolved by binding arbitration.
C. I
f any action at law or in equity is brought to enforce or interpret any provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney ’s fees, cost and necessary disbursements, in addition to such other relief as may be sought and awarded. 19 . Exhibits.
T
he following exhibits to which reference is made in this Agreement are deemed incorporated herein in their entirety:
E
xhibit “A” Scope of Services and Rates Schedule
20 . Governing Law.
Th
is Agreement shall be governed by the laws of the State of California. 2 1. Effective Date.
Th
is Agreement shall become effective as of the date set forth below on which the last of the parties, whether City or Consultant, executes said Agreement.
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD
- 7 -
Professional Services Agreement; December 2018
[Signatures begin on next page.]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CITY OF LANCASTER
LANCASTER, CALIFORNIA
By:
Jason Caudle, City Manager
Dated:
BEST BEST & KRIEGER
By:
Elizabeth Wagner Hull, Partner
Dated:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD May 14, 2020 | 12:48:30 PM PDT
May 14, 2020 | 1:43:37 PM PDT
- 8 -
Professional Services Agreement; December 2018
EXHIBIT A
SCOPE OF SERVICES
AND RATES SCHEDULE
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD
Granite Bay
(916) 325-4000
Indian Wells
(760) 568-2611
Los Angeles
(213) 617-8100
Manhattan Beach
(310) 643-8448
18101 Von Karman Avenue, Suite 1000, Irvine, CA 92612
Phone: (949) 263-2600 | Fax: (949) 260-0972 | www.bbklaw.com Riverside
(951) 686-1450
Sacramento
(916) 325-4000
San Diego
(619) 525-1300
Walnut Creek
(925) 977-3300
Washington, DC
(202) 785-0600
Elizabeth Wagner Hull
(949) 263-2608
[email protected]
April 14, 2020
ELECTRONIC DELIVERY
Christopher Aune
Housing Manager
City of Lancaster
[email protected]
Re: Proposal to Provide Professional Services - Economic Development, Real Estate & Affordable Housing
Dear Mr. Aune:
On behalf of Best Best & Krieger LLP (BB&K), I am pleased to present this proposal to provide legal services to the City of Lancaster Housing Authority (Authority) on various matters related to the Authority’s business. We believe that BB&K is more than qualified to assist the Authority in the areas of general counsel work, economic development, real estate, and affordable housing.
RELEVANT EXPERIENCE
BB&K’s Economic Development, Real Estate, and Affordable Housing practice represents public and private clients in all aspects of economic development, real estate, and affordable housing transactions. BB&K represents public and private clients in connection with a wide range of affordable housing matters. The firm has historically represented redevelopment agencies, housing authorities and private developers in publically assisted affordable housing projects. Working collaboratively with our Public-Private Partnership, Eminent Domain, Real Estate, Environmental Law, Tax, Labor & Employment, and litigation lawyers, we advise on:
Siting and predevelopment planning
Land use, zoning, permitting, and entitlements
Creative financing strategies
Acquisition, construction, leasing, development, and disposition of real estate and other assets
Procurement, competitive bidding, and prevailing wage requirements Personnel issues
Exhibit A
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD Christopher Aune
April 13, 2020
Tax incentives, credits, assessments, and liabilities Environmental due diligence, compliance, California Environmental Quality Act, National Environmental Policy Act, and remediation
Litigation/alternative dispute resolution
Commercial, residential, and mixed-use projects
Public-private partnership, owner participation, management, and other agreements necessary for development
Our affordable housing experience includes the development of ownership and rental housing projects, compliance with Community Redevelopment Law and Housing Authority Law requirements, SB 341 and housing successor agency obligations, density bonus issues, inclusionary housing, compliance with federal housing requirements and funding programs including low income tax credit financing, state and federal grant and loan programs including Community Development Block Grant (CDBG), and HOME Investment Partnerships Program, among others.
BB&K is skilled in applying for, complying with, and administering federal and state funds for both commercial and housing developments, including, but not limited to, CDBG, the Section 108(a) Loan Guarantee Program, HOME, Federal Housing Administration, and other funding sources. We possess extensive familiarity with the requirements for housing developments financed with federal and/or state Low-Income Housing Tax Credits.
Our attorneys have drafted thousands of agreements for public agency clients ranging from simple real property acquisition, affordable housing and disposition and development agreements, letter of loan commitments, restrictive covenant agreements, assignment agreements, ground leases, and promissory notes.
BB&K has represented a variety of housing authorities and agencies as general and special counsel, including:
Colton Housing Authority
Corona Housing Authority
Lake Forest Housing Authority
Los Angeles City Housing Department
Los Angeles Housing Authority
Ontario Housing Authority
Riverside County Housing Authority
Sacramento Housing & Redevelopment Agency
San Bernardino County Housing Authority
San Juan Capistrano Housing Authority
Exhibit A
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD Christopher Aune
April 13, 2020
PROPOSED LEGAL TEAM
BB&K proposes that I serve as lead attorney for the proposed legal services and be the main contact persons for all matters and will supervise all legal services provided by our firm. I will be supported by Isaac Rosen, Todd Leishman, and Abraham Galvan Sanchez. Our resumes are attached to the letter proposal.
HOURLY RATES
For the requested business services, we offer the Authority a rate of $330 per hour for Partners and Of Counsel, $260 for Associates, and $170 for Paralegals.
CONCLUSION
Thank you for considering BB&K’s proposal. I look forward to the opportunity to discuss our qualifications with you in more detail and, if selected, I would be honored to work with you on the requested business services.
Sincerely,
Elizabeth Hull
of BEST BEST & KRIEGER LLP
Resumes
Exhibit A
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?
INSR ADDLSUBRLTR INSDWVD
DATE (MM/DD/YYYY)
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :
POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGG$JECTOTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCE$CLAIMS-MADEAGGREGATE$DEDRETENTION$ $PEROTH-STATUTEERE.L. EACH ACCIDENT$E.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMIT$DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #
COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
Lockton Insurance Brokers, LLC
777 S. Figueroa Street, 52nd Fl.
CA License #0F15767
Los Angeles CA 90017
(213) 689-0065
Best Best & Krieger LLP
3390 University Ave, 5th Floor
Riverside CA 92501
BESBE01
Federal Insurance Company 20281
Vigilant Insurance Company 20397
X
X
X Deductible: $0
1,000,000
1,000,000
10,000
1,000,000
2,000,000
Included
X X
1,000,000
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
X X
X $0
10,000,000
10,000,000
XXXXXXX
Y
X
1,000,000
1,000,000
1,000,000
B (20)7355-52-44 4/30/2020 4/30/2021
A 35894252 4/30/2020 4/30/2021
B 79868975 4/30/2020 4/30/2021
B 71750505 4/30/2020 4/30/2021
4/30/2021
1312916
Y N
Y N
N N
Y
5/7/2020
16724174
16724174 XXXXXXX
City of Lancaster
44933 North Fern Avenue
Lancaster CA 93534
THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER, APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S) REFERENCED.
Economic Development, Real Estate and Affordable Housing Attorney Services, The City of Lancaster, its elected officials, officers, employees and volunteers are included as additional covered parties are Additional Insured to the extent provided by the policy language or endorsement issued or approved by the insurance carrier but only insofar as the operations under this contract are concerned. Waiver of Subrogation applies per attached endorsement(s) or policy language. Insurance provided to Additional Insured(s) is primary and non-contributory as per the attached endorsements or policy language.
X
See Attachments
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD CONTINUATION DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS (Use only if more space is required) ACORD 25 (2016/03)
30 Days Notice of Cancellation applies per attached endorsement(s). General Liability coverage is extended on a per project/per location basis.
Certificate Holder ID: 16724174
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD Liability InsuranceEndorsementPolicy Period4/30/2020 to 4/30/2021 Effective Date4/30/2020 Policy Number35894252 InsuredBest Best & Krieger LLP Name of CompanyVigilant Insurance Company Date Issued4/30/2020This Endorsement applies to the following forms: GENERAL LIABILITYUnder Who An Insured, the following provision is added.Who Is An InsuredAdditional Insured-Persons or organizations shown in the Schedule are insureds; but they are insured you areScheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded byOr Organizationthis policy. However, the person or organization is an insured only: if and then only to the extent the person or organization is described in the Schedule: to the extent such contract or agreement requires the person or organization to be afforded status as an insured: for activities that did not occur, in whole or in part, before the execution of the contract or agreement; andwith respect to damage, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision:that is more specifically identified under any other provision of the Who Is An Insured section (regardless of any limitation applicable thereto).With respect to any assumption of liability (of another person or organization) by them in a contract or agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. Under Conditions, the following provision is added to the condition titled Other Insurance. Other Insurance -If you are obligated, pursuant to a contract or agreement, to provide the person or organizationPrimary, shown in the Schedule with primary insurance such as is afforded by this policy, then in such caseNoncontributorythis insurance is primary and we will not seek contribution from insurance available to such personInsurance -or organization. Scheduled Person Or OrganizationPage 1 Attachment Code: D469853 Certificate ID: 16724174
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD Liability Endorsement(continued)SchedulePERSONS OR ORGANIZATIONS THAT YOU ARE OBLIGATED, PURSUANTTO WRITTEN CONTRACT OR AGREEMENT BETWEEN YOU AND SUCH PERSONOR ORGANIZATION, TO PROVIDE WITH SUCH INSURANCE AS ISAFFORDED BY THIS POLICY; BUT THEY ARE "INSUREDS" ONLY IF ANDTO THE MINIMUM EXTENT THAT SUCH CONTRACT OR AGREEMENTREQUIRES THE PERSON OR ORGANIZATION TO BE AFFORDED STATUS ASAN "INSURED".HOWEVER, NO PERSON OR ORGANIZATION IS AN "INSURED" UNDERTHIS PROVISION WHO IS MORE SPECIFICALLY DESCRIBED UNDER ANYOTHER PROVISION OF THE WHO IS AN INSURED SECTION OF THISPOLICY (REGARDLESS OF ANY LIMITATION APPLICABLE THERETO).All other terms and conditions remain unchanged.
Additional Insured - Scheduled Person Or OrganizationForm 80-02-2367 (rev. 5-07) Page 2 Attachment Code: D469853 Certificate ID: 16724174
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD POLICY NUMBER (20)7355-52-44 COMMERCIAL AUTOMOBILETHIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENTThis endorsement modifies insurance provided under the following:D. Persons And Organizations As InsuredsUnder A Written Insured ContractParagraph A.1 --- - WHO IS AN INSURED --- - ofSECTION II --- - LIABILITY COVERAGE isamended to add the following:f. Any person or organization with respect tothe operation, maintenance or use of acovered "auto", provided that you andsuch person or organization have agreedunder an express provision in a written"insured contract", written agreement or awritten permit issued to you by agovernmental or public authority to addsuch person or organization to this policyas an "insured".However, such person or organization isan "insured" only:(1) with respect to the operation,maintenance or use of a covered"auto"; and(2) for "bodily injury" or "property damage"caused by an "accident" which takesplace after:(a) You executed the "insuredcontract" or written agreement; or(b) The permit has been issued toyou.
Form: 16-02-0292 (Rev. 4-11) Page 1 of 3"Includes copyrighted material of Insurance Services Office, Inc. with its permission" Attachment Code: D523049
Certificate ID: 16724174
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY INSURANCE POLICYWC 124(4 -84)WC 00 03 13WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENTThis endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following “attaching clause” need be completed only when this endorsement is issued subsequent to preparation of the policy.)This endorsement, effective on 4/30/2020 at 12:01 A.M. standard time, forms a part of Policy No. 71750505 of the FEDERAL INSURANCE COMPANY issued to Best Best & Krieger LLPWe have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule JOB DESCRIPTION: ALL OPERATIONS BLANKET WAIVER – ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER.
WC 124 (4-84)WC 00 03 13 Copyright 1983 National Council on Compensation Insurance.
Attachment Code: D466017 Certificate ID: 16724174
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD Policy ConditionsEndorsementPolicy Period 4/30/2020 TO 4/30/2021 Effective Date 4/30/2020Policy Number 35894252 Insured Best Best & Krieger LLPName of Company Vigilant Insurance CompanyDate Issued 4/30/2020 This Endorsement applies to the following forms:COMMON POLICY CONDITIONSConditionsNotice Of CancellationTo Scheduled PersonsOr Organizations WhenWe CancelUnder Conditions, the following condition is added.When we cancel this policy for any reason, other than non-payment of premium, we will notify person(s) or organization(s) shown in the Schedule at least 30 days in advance of the cancellationdate.Any failure by us to notify such person(s) or organization(s) will not:impose any liability or obligation of any kind upon us; orinvalidate such cancellation.Schedule All other terms and conditions remain unchanged. Notice Of Cancellation To Scheduled Persons Or organizations (Except Non-Payment Of Premium)Form 80-02-9779 (Ed. 3-11) Endorsemen Person(s) or Organization(s):City of Lancaster 44933 North Fern Avenue Lancaster, CA 93534 Attachment Code: D469838
Certificate ID: 16724174
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
4/21/2020
Woodruff-Sawyer & Co.
50 California Street, Floor 12
San Francisco CA 94111
415-391-2141
415-989-9923
Lloyds of London
BESTBES-01
Best Best & Krieger, LLP
3390 University Avenue, 5th Floor
Riverside CA 92501
137083665
A
Professional Liability
B0146LDUSA1900774
9/1/2019
9/1/2020
Limits
*See below
Professional Liability (Lawyers Professional Liability coverage) * Limit of Liability: $5,000,000
City of Lancaster
44933 North Fern Avenue
Lancaster CA 93534
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD
STAFF REPORT
City of Lancaster
Date: August 8, 2023
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Director - Community Development Department Chenin Dow, Assistant Director - Housing & Economic Development Christopher Aune, Manager – Housing Manager
Subject:Amendment to Extend Professional Services Agreement with SRK Consulting LLC for an Additional Three Years
Recommendations:
1. Approve the Amendment to the Professional Services Agreement with SRK Consulting LLC (SRK) for an additional three (3) years.
2. Authorize the City Manager, or his designee, to finalize and execute all documents related to the Amendment.
Fiscal Impact:
None
Background:
In July 2022, the City onboarded SRK Consulting LLC as a force multiplier for Housing staff following an extensive Request for Proposals (RFP) process. SRK currently provides support to a variety of programs and projects including, but not limited to, the First Time Homebuyer Program; the Housing Rehabilitation Program; Permanent Local Housing Allocation (PLHA) monitoring and reporting; annual Neighborhood Stabilization Program monitoring; and annual Mobilehome Park Permits to Operate and quarterly report collection. Based on SRK’s knowledge of these items and current status in the midst of several projects with the Housing team, staff is proposing an extension of their professional services agreement for an additional three (3) years. This will allow SRK to complete the remainder of their currently pending projects, and continue to assist Housing staff with upcoming programs and developments.
CA/sm
Attachments:
Exhibit A – Amendment No.1
Exhibit B – Original Professional Services Agreement
CC 9
8/08/2023
JC
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
This Amendment (“Amendment No. 1”) is hereby entered into effective August 14, 2023 by and between the City of Lancaster, a Municipal Corporation, in the State of California, and SRK Consulting LLC (CONTRACTOR) with respect to Exhibit “B” of the Agreement for Services between the parties dated May 9, 2022 (“Agreement”).
The Parties agree as follows:
1. The term of the Agreement is extended to and including August 14, 2026.
2. Exhibit B to the Agreement is hereby deleted in its entirety and replaced with “Term, Payment and Time for Commencement and Completion Clause Update,” attached hereto as Exhibit “A”.
3. All other terms and provisions of the Agreement and subsequent amendments are hereby reaffirmed.
CITY OF LANCASTER CONTRACTOR
SRK Consulting LLC
____________________________ __________________________ Jason Caudle, City Manager Samantha Kenyon, Principal
ATTEST:
____________________________
Andrea Alexander, City Clerk
____________________________
City Attorney
EXHIBIT “A”
EXHIBIT A - TERM, PAYMENT AND TIME FOR COMMENCEMENT AND
COMPLETION CLAUSE UPDATE
Term
This Agreement shall become effective and shall be in full force and effect upon the execution of the Agreement by the City and the CONTRACTOR. This Amendment shall continue in full force and effect for a period of three (3) additional years from the effective date of the Agreement (the “Term”), unless the Agreement is sooner terminated in accordance with the Terms and Conditions in the Original Agreement dated May 9, 2022; provided, however, that the City and the CONTRACTOR may mutually agree in writing to extend the Term of this Agreement for one (1) additional two-year period.
Payment
The City of Lancaster shall reimburse the CONTRACTOR for the performance of the work, in an amount not to exceed $100,000.00 per year, with a total of $300,000.00 for the length of the agreement.
Time for Commencement and Completion
CONTRACTOR shall commence performance of the work no later than three (3) calendar days following issuance of Notice to Proceed.
Exhibit A
Scope of Work
SRK Consulting LLC (SRK) is pleased to provide a Scope of Work to the City of Lancaster. SRK proposes to provide project management and administrative support for the City of Lancaster’s Housing division for a period of three (3) years. The owner of SRK has been providing housing support for three (3) years, and administrative support for over six (6) years within the private and public sector.
SRK specializes in housing and administrative consulting. While SRK’s emphasis and capabilities are in housing, we are proposing to provide administrative support in housing program implementation and management.
SRK proposes the following:
Scope of Services:
1. Assist with the preparation of all Housing and Urban Development (HUD) and California Department of Housing and Community Development (HCD) reports including, but not limited to, Annual Housing Authority Report, HOME Annual Performance Report, Permanent Local Housing Allocation (PLHA) Annual Progress Report, and HOME Quarterly Reports.
2. Assist with the preparation HCD grant activity monitoring closeout.
3. Assist with the management of the First Time Homebuyer Program by preparing program files, reviewing applications for eligibility, and communicating with applicants.
4. Assist with the implementation and management of the Home Rehabilitation Program by preparing program applications, sending applications to interested participants, and processing returned applications.
5. Process documents such as invoices, agreements, and annual documents such as Mobile Home Quarterly Reports, Permits to Operate, NSP Long-term Monitoring.
6. Compile and sort all digital Housing files into the appropriate location within Laserfiche.
7.Work collaboratively with City employees to identify opportunities for improvement.
Fee Schedule:
Based on the Scope of Work provided, SRK proposes to bill on a time and material basis for the actual level of effort necessary to effectively complete all tasks listed within the Scope based on the Rate Schedule provided herein with a firm fixed price of $200,000.00 for the length of the agreement, with a not-to-exceed amount of $100,000.00 per year.
It is proposed that the principal of SRK be compensated as listed below.
Schedule of Hourly Rate - Effective August 1, 2022
Title 2023-2024 2024-2025 2025-2026
Principal $75.00 $80.00 $85.00
1 CITY OF LANCASTER
REQUEST FOR PROPOSAL 768-22
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into as of this 21st day of June, 2022, by and between CITY OF LANCASTER, a municipal corporation and Charter City , (hereinafter referred to as “City”) and SRK Consulting, a Limited Liability Company, (hereinafter referred to as “Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has determined that there is a need for a Housing Consultant to assist with the launch and management of Housing Programs.
B. Consultant has submitted to City a proposal to provide certain professional services (“Services”) related to the Project, as more particularly described in the Scope of Se rvices, located on pages 7-8 of the Consultant’s Proposal, which is attached hereto as Exhibit “A” and incorporated herein (“Scope of Services”) for the Project.
C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide the Services and agrees to provide the Services pursuant and subject to the terms and conditions of this Agreement.
D. The term (“Term”) of this Agreement is one (1) year, commencing on June 21, 2022.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt, and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1 SERVICES OF CONSULTANT
1.1. Scope of Services. Consultant shall provide the Services described in the Scope of Services, subject to the terms and conditions of this Agreement. Consultant acknowledges that funds from the Housing Professional Services account will be used to pay for the Services.
Contractor agrees to and shall provide the Services in accordance with all applicable program regulations, including Part 92 of Title 24 of the Code of Federal Regulations.
1.2. Consultant is subject to the requirements in 24 CFR Part 92 that are applicable to the City, except §92.505 (Uniform Administrative Requirements) and §92.506 (Audit) do not apply, and Consultant cannot assume the participating jurisdiction responsibilities for environmental review, decision making, and action under §92.352. Consultant is re sponsible for providing services in accordance with 92.350 Other Federal requirements and nondiscrimination,
92.351 Affirmative marketing; minority outreach program; 92.353 Displacement, relocation, and acquisition; 92.355 Lead -based paint; and 92.356 Conf lict of Interest. If the scope of work includes administration of TBRA or rental housing and City requires Consultant to be responsible for any notice obligations and any obligations under the emergency transfer plan, the VAWA requirements under §92.359 shall apply.
DocuSign Envelope ID: 3C97B8CF-6936-497B-83E1-D03800B72D75
2 Consultant represents and warrants to City that Consultant is a provider of first- class work and professional services, and that Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Services required hereunder. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized as high quality among well -qualified and experienced professionals performing similar work under similar circumstances.
Project deliverables shall be reviewed and approved by City to determine acceptable completion. City shall have the right to review and inspect the Services during the course of its performance at such times as may be determined by City.
1.3. Contract Documents. This Agreement consists of and incorporates all of the following (which are collectively referred to as the “Contract Documents”) : (1) this Agreement (including all exhibits) ; (2) City’s Request for Proposals; and ( 3) Consultant’s signed, original proposal submitted to City (“Consultant’s Proposal”). All provisions of the Contract Documents shall be binding on the Parties. Should any conflict or inconsistency exist between or among Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of this Agreement; (2nd) the provisions of City’s Request for Proposal; and; (3rd) the provisions of Consultant’s Proposal.
1.4. Compliance with Law. Consultant represents and warrants to City that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder.
1.5. Licenses, Permits, Fees and Assessments. Consultant represents and warrants to City that it has obtained all licenses (including a City Business License), permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant's performance of the Services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder.
1.6. Familiarity with Work. Consultant represents and warrants to City that Consultant (a) has thoroughly investigated and considered the Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant represents and warrants to City that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should Consultant discover any latent or DocuSign Envelope ID: 3C97B8CF-6936-497B-83E1-D03800B72D75 3 unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from City.
1.7. Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to any site where the Services are performed and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City's own negligence.
1.8. Further Responsibilities of Parties. The Parties agree to and shall use reasonable care and diligence to perform their respective obligations under this Agreement. The Parties agree to and shall act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.
1.9. Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from the Scope of Services. No such extra work may be undertaken unless a written order is first given by City to Consultant, incorporating therein any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of Consultant. Any increase in compensation of up to ten percent (10%) of the Maximum Contract Amount, as set forth in Section 2.1 of this Agreement , may be ap proved by the City Manager, or his or her designee, as may be needed to perform any extra work. Any increases, occurring either separately or cumulatively which exceed the City Manager’s approval authority must be approved by the Lancaster City Council. It is expressly understood by Consultant that the provisions of this section shall not apply to Services specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of whether the time or materials required to complete any such Services exceeds any time or material amounts or estimates provided therein.
2 COMPENSATION
2.1. Maximum Contract Amount . For the Services rendered pursuant to this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation (“Schedule of Compensation”) , located on page 28 of the Consultant’s Proposal, which is attached hereto as Exhibit “B” and is incorporated herein; provided, however, that the amount paid to Con tractor under this Agreement shall not exceed the amount of ninety-five thousand ($95,000.00) ("Maximum Contract Amount"), except as may be provided pursuant to Section 1.8 above. The method of compensation shall be as set forth in the Schedule of Compensation. Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all Project meetings reasonably deemed necessary by City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending such meetings. Consultant DocuSign Envelope ID: 3C97B8CF-6936-497B-83E1-D03800B72D75 4 hereby acknowledges that it accepts the risk that the Services identified in the Scope of Services may be more costly and/or time-consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation therefore, and that the provisions of Section 1.8 shall not be applicable to the Services identified in the Scope of Services. The Maximum Contract Amount shall be the maximum amount of City’s payment obligations under this Agreement. If the Maximum Contract Amount is reached before Consultant’s Services under this Agreement are completed, Consultant shall nevertheless complete the Services without liability on City’s part for further payment.
2.2. Method of Payment. Consultant shall submit to City, in a form approved by the Contract Officer, an invoice for Services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by City. City shall use reasonable efforts to make payments to Consultant within thirty (30) days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month.
2.3. Changes in Scope. In the event any change or changes in the Scope of Services is requested by City or Consultant, the Parties shall execute a written amendment to this Agreement setting forth with particularity all terms of such amendment, including, but not limited to, any additional compensation. An amendment shall be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.
2.4. Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefor by the Lancaster City Council for each fiscal year covered by this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty or any liability whatsoever to City.
3 SCHEDULE OF PERFORMANCE
3.1. Time is of the Essence . Time is of the essence in the performance of this Agreement. The time for completion of the Services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Services of this Agreement according to the agreed upon Schedule of Performance described in Section 3.2.
3.2. Schedule of Performance . Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed given by City, and shall perform all Services within one (1) year. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, City shall not be obligated to grant such an extension.
DocuSign Envelope ID: 3C97B8CF-6936-497B-83E1-D03800B72D75 5 3.3. Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section.
3.4. Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in f ull force and effect for one (1) year for Services.
3.5. Termination Prior to Expiration of Term. City may terminate this Agreement in for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by City. Upon such notice, City shall pay Consultant for Se rvices performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Consultant shall have no further claims against City under this Agreement. Upon termination of the Agreement under this section, Consultant shall submit to City an invoice for work and Services performed prior to the date of termination. Consultant may terminate this Agreement, with or without cause, upon sixty (60) days written notice to City, except that where termination is due to material default by City, the period of notice may be such shorter time as Consultant may determine.
4 COORDINATION OF WORK
4.1. Representative of Consultant . The following representative of Consultant is hereby designated as being the main point of contact of Consultant authorized to act on its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Samantha Kenyon. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing representative is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder.
The foregoing representative may not be changed by Consultant without prior written approval of the Contract Officer.
DocuSign Envelope ID: 3C97B8CF-6936-497B-83E1-D03800B72D75 6 4.2. Contract Officer . The “Contract Officer ” shall be such person as may be designated by the City Manager, and is subject to change by the Housing Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decision s which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.
4.3. Prohibition Against Subcontracting or Assignments . The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. C onsultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Scope of Services will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding , this Agreement shall be v oid. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City.
4.4. Independent Contractor.
A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or a gents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other DocuSign Envelope ID: 3C97B8CF-6936-497B-83E1-D03800B72D75 7 similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.
B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.
C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of the Scope of Services under this Agreement.
City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing the Scope of Services hereunder.
5 INSURANCE
5.1. Types of Insurance . Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Scope of Services hereunder by Consultant, its agents, representatives, or employees. In the event the City Manager determines that the Scope of Services to be performed under this Agreement creates an increased or decreased risk of lo ss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee.
Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows:
Insurance shall be maintained for the length of the contract with insurers listed “A-, VIII” or better in the Best's Key Rating Guide, for the amounts listed below:
Commercial General Liability
Each Occurrence $1,000,000
Per Project General Aggregate $2,000,000
Including Products/Completed Operations
Including Contractual Liability/Independent Contractors Including Broad Form Property Damage
Automobile Liability
Personal Automobile Insurance – for any automobile used to perform work under this agreement – coverage as required by the State of California.
Workers Compensation
As Required by the State of California Statutory Limits
DocuSign Envelope ID: 3C97B8CF-6936-497B-83E1-D03800B72D75 8 Employer's Liability
Each Accident $1,000,000
Bodily Injury by Disease $1,000,000
Professional Liability/Cyber Liability (Errors and Omissions) Each Occurrence $1,000,000
General Aggregate $1,000,000
Coverage nee ds to be on a per project basis. Not per policy unless waived by Risk Management. Insurance shall be at least as broad as ISO form CG 20 10 11 85 or CG 20 10 07 04 and CG 20 37 07 04 (or equivalent) covering Commercial General Liability.
Commercial Automobile coverage shall be at least as broad as ISO form CA 00 01.
A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation/Employers Liability policies and must accompany the certificate.
All insurance shall be primary and non -contributory as respects the City insured entities. Any insurance or self -insurance maintained by the City insured entities shall be in excess of the CONSULTANT'S insurance and shall not contribute with it.
List in the "Certificate Holder" section:
The City of Lancaster
44933 Fern Avenue, Lancaster, California 93534.
List in the “Description of Operations” box (unless it fits in the Certificate Holder section):
“The City of Lancaster, its elected officials, officers, employees, and volunteers are included as additional covered parties, but only insofar as the operations under this contract are concerned.”
List in the "Cancellation" section:
Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 30 written notice (10 days written notice for non -payment) to the Certificate Holders named to the left.
6 INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant’s sole cost and expense), protect and hold harmless City and its elected officials, offic ers, employees, agents, attorneys, and volunteers and all other public agencies whose approval of the Project is required, (individually “Indemnified Party”; collectively “Indemnified Parties”) against any and all liabilities, claims, judgments, arbitration awards, settlements, costs, demands, orders, and penalties (collectively “Claims”), including but not limited to Claims arising from injuries or death of persons (Consultant’s employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness, or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant’s negligent, reckless, or willful performance of or failure to perform any term, provision, covenant, or condition of this Agreement (“Indemnified Claims”), but Consultant’s liability for Indemnified Claims shall DocuSign Envelope ID: 3C97B8CF-6936-497B-83E1-D03800B72D75 9 be reduced to the extent such Claims arise from the sole negligence or willful misconduct of City, its elected officials, officers, employees, agents, attorneys and volunteers.
Consultant shall reimburse the Indemnified Parties for any reasonable expenditure, including reasonable attorneys’ fees, expert fees, litigation costs, and expenses that each Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the Indemnified Party that may arise out of, pertain to, or relate to Indemnified Claims, whether or not Consultant is named as a party to the Claim proceeding. The determination whether a Claim “may arise out of, pertain to, or relate to Indemnified Claims” shall be based on the allegations made in the Claim and the facts known or subsequently discovered by the Parties.
In the event a final judgment, arbitration award, order, settlement, or other final resolution expressly determines that Claims did not arise out of, pertain to, nor relate to the negligence, recklessness, or willful misconduct of Consultant to any extent, then City shall reimburse Consultant for the reasonable costs of defending the Indemnified Parties against such Claims, except City shall not reimburse Consultant for attorneys’ fees, expert fees, litigation costs, and expenses that were incurred defending Consultant or any parties other than Indemnified Parties against such Claims.
Consultant’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement.
7 REPORTS AND RECORDS
7.1. Accounting Records . Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2. Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniq ues, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
DocuSign Envelope ID: 3C97B8CF-6936-497B-83E1-D03800B72D75 10 7.3. Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and withou t liability to Consultant, and City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
7.4. Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
7.5. Audit and Inspection of Records . After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
8 ENFORCEMENT OF AGREEMENT
8.1. California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California.
8.2. Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
DocuSign Envelope ID: 3C97B8CF-6936-497B-83E1-D03800B72D75 11 8.3. Default of Consultant.
A. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.
B. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 3.5.
C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3. B., take over the Services and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set -off or partial payment of the amounts owed City as previously stated. The withholding or failure to withhold payme nts to Consultant shall not limit Consultant’s liability for completion of the Services as provided herein.
8.4. Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.
8.5. Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.6. Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any DocuSign Envelope ID: 3C97B8CF-6936-497B-83E1-D03800B72D75 12 default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
9 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1. Non-liability of City Officers and Employees . No officer or employee of City shall be personally liable to Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2. Conflict of Interest . No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.
9.3. Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, disability, medical condition, sexual orientation, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
9.4. Equal Employment Opportunity . Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60 -1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964 -1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
10 MISCELLANEOUS PROVISIONS
10.1. Patent and Copyright Infringement.
A. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any DocuSign Envelope ID: 3C97B8CF-6936-497B-83E1-D03800B72D75 13 allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringem ent upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall not be obligated to indemnify City under any settlement made without Consultant’s consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.
10.2. Davis-Bacon Act. When required by Federal program legislation, Contractor shall comply with the Davis -Bacon Act (40 U.S.C. 3141 -3144, and 3146 -3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, Contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. City shall report all suspected or reported violations to the HUD. The Contractor shall comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that the Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. City shall report all suspected or reported violations to the HUD.
10.3. Contract Work Hours and Safety Standards Act. Where applicable, contracts in excess of $100,000 that involve the employment of mechanics or laborers shall comply with the provision for compliance with 40 U.S.C. §§ 3702 and 3704, as suppleme nted by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. § 3702 of the Act, the C ontractor shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is p ermissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work a nd provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These DocuSign Envelope ID: 3C97B8CF-6936-497B-83E1-D03800B72D75 14 requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
10.4. Rights to Inventions Made Under a Contract or Agreement. If the HOME award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
10.5. Clean Air Act and the Federal Water Pollution Control Act . Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, order s or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 -7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
10.6. Debarment and Suspension. A contract award (see 2 CFR § 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
10.7. Byrd Anti-Lobbying Amendment. Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
10.8. Domestic preferences for procurements.
A. As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federa l award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.
B. For purposes of this section:
DocuSign Envelope ID: 3C97B8CF-6936-497B-83E1-D03800B72D75 15 (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
10.9. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty -eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:
To City: City of Lancaster
Attention: Christopher Aune
44933 Fern Ave
Lancaster, California 93534
Telephone:(661) 723-5870
To Consultant: SRK Consulting LLC.
Attention: Samantha Kenyon
107 Welch Court
Tehachapi, CA. 93561
Telephone: (661) 350-3403
10.10. Entire Agreement. This Agreement, including all Contract Documents, constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or oth er modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.11. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
DocuSign Envelope ID: 3C97B8CF-6936-497B-83E1-D03800B72D75 16 10.12. Successors in Interest . This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.13. Third Party Beneficiary. Except as may be expressly provided for herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.
10.14. Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledge and agree that such Party is bound, for purposes of this Agreement, by the same.
10.15. Corporate Authority. Each of the undersigned represents and warrants that:
A. the Party for which he or she is executing this Agreement is duly authorized and existing,
B. he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing,
C. by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and
D. the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 3C97B8CF-6936-497B-83E1-D03800B72D75
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed and attested by their respective officers thereunto duly authorized.
CITY OF LANCASTER
LANCASTER, CALIFORNIA
By: ______________________________
Jason Caudle, City Manager
Dated: ___________________________
SRK CONSULTING LLC
TEHACHAPI, CALIFORNIA
By: ______________________________
Samantha Kenyon, Owner
Dated: ___________________________
ATTEST:
Andrea Alexander, City Clerk
APPROVED AS TO FORM:
City Attorney
DocuSign Envelope ID: 3C97B8CF-6936-497B-83E1-D03800B72D75 June 23, 2022 | 6:07:04 PM PDT
June 30, 2022 | 9:25:01 AM PDT
STAFF REPORT
City of Lancaster
CC 10
8/08/2023
JC
Date:August 8, 2023
To: Mayor Parris and City Council Members
From:Alexus Merino, Assistant Director
Subject:Professional Services Agreement - FTI Consulting Inc.
Recommendation:
It is recommended that the City Council approve a Professional Services Agreement with FTI Consulting Inc. (“FTI”) in an amount not to exceed $156,000, and authorize the City Manager, or his designee, to sign all documents.
Fiscal Impact:
Sufficient funds of $156,000 ($130,000 plus a 20 percent contingency of $26,000) are available in account numbers 10115000.5710 ($50,000) and 50110000.5710 ($106,000).
Background:
Since June 2021, FTI Consulting, and the City of Lancaster have collaborated to elevate the city as a leading partner and adopter of clean energy solutions, notably hydrogen. Since Lancaster announced the goal to be the “First Hydrogen City” in the U.S. and launched the Smart Sister Cities partnership with Namie, Japan, FTI has supported the City’s communication and design across hydrogen, clean energy, and digital & insights workstreams. With its growing, global reputation as a leading clean energy City coupled with its successful amplification of projects and partnerships, the City of Lancaster is now seeking additional strategic communications and design support to accomplish its goals and objectives.
The City Manager’s Office is requesting to enter into a Professional Services Agreement and determine FTI as a Sole Source vendor for an overall Communications and Design Support Plan with Hydrogen as the main focus to support the plan. The tactics in this plan are designed to position Lancaster as a City in which government and businesses are working together to develop a thriving hydrogen economy.
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FTI has a proven track record of helping clients manage complex business challenges and delivering results by leveraging an integrated campaign approach to communications. FTI has a deep knowledge of the City through ongoing strategic communications work, extensive media relationships, and multidisciplinary skillsets across corporate reputation, financial communications, public affairs, and crisis management to support evolving needs.
Attachment:
Professional Services Agreement
Sole Source Memo
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made and entered into this 9th day of August, 2023, by and between the CITY OF LANCASTER, a municipal corporation and charter city, (“City”), and FTI CONSULTING INC., a Business Advisory Firm (“Consultant”) (collectively, sometimes referred to hereinafter as the “Parties”).
RECITALS
WHEREAS, the City desires to engage Consultant to perform certain technical and professional services, as provided herein, identified as:
COMMUNICATIONS AND DESIGN SUPPORT (THE “SERVICES”)
WHEREAS, the principal members of Consultant are qualified and duly registered/licensed under the laws of the State of California, and Consultant desires to accept such engagement; NOW, THEREFORE, the parties agree as follows:
1. Parties to the Agreement.
The parties to this Agreement are:
A. CITY: City of Lancaster
B. CONSULTANT: FTI Consulting, Inc.
2. Notices. All written notices required by or related to this Agreement shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this Agreement shall refuse to accept such mail; parties to this Agreement shall promptly inform the other party of any changes of address. All notices required by this Agreement are effective on the day of receipt, unless otherwise indicated herein.
CITY City of Lancaster
Attn: Jason Caudle, City Manager
44933 North Fern Avenue
Lancaster, California 93534
CONSULTANT FTI Consulting
Attn: Chris Tucker, Global Energy Sector Lead
88 Pine St., 32 nd Floor
New Y ork, NY 10005
3. Successors and Assigns . The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without prior written consent of the other party, and any such assignments without said consent shall be void. - -
4. Description of Work. The City hereby engages Consultant, and Consultant accepts such engagement, to perform the technical and professional services set forth in the “Scope of Services and Rates Schedule,” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant shall perform and complete, in a manner satisfactory to the City, all work and services set forth in Exhibit “A.” The City Manager or his designee shall have the right to review and inspect the work during the course of its performance at such times as may be specified by the City Manager, or his designee.
5. Obligations of the City.
A. The City shall pay Consultant an amount not to exceed $156,000 for all work necessary to complete the Services, as described in the Scope of Services and Rates Schedule. Payments shall be due within thirty (30) days following submission of an invoice detailing the services performed, at the hourly rates set forth in Exhibit A.
B. No payment made hereunder by the City to Consultant, other than the final payment, shall be construed as an acceptance by the City of any work or materials, nor as evidence of satisfactory performance by Consultant of its obligations under this Agreement.
6. Obligations of the Consultant .
A. Consultant shall perform as required by this Agreement and in accordance with the Scope of Services and Rates Schedule set forth in Exhibit A.
B. Consultant shall be responsible for payment of all employees’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.
C. Consultant shall not subcontract any of the work required to perform the Services without the express prior written approval of the City.
7. Hold Harmless and Indemnification. Consultant agrees to indemnify and hold harmless the City, its elected officials, officers and employees, from and against any and all third-party claims, losses, obligations, or liabilities whatsoever, including reasonable attorney’s fees, incurred to the extent arising out of or related to Consultant’s negligent or willful wrongful acts, errors or omissions, or those of its employees or agents. Consultant agrees to defend the City, its officers and employees, using counsel of the City’s choosing, from and against any and all claims covered by the indemnity in the preceding sentence.
8. Amendments. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon mutual written approval by the City and Consultant.
9. Non-Discrimination and Equal Employment Opportunity. - -
A. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Affirmative action relating to employment shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.
B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. The City shall have access to all documents, data and records of Consultant and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section.
10. Term; Effective Date. This Agreement shall become effective and shall be in full force and effect upon the execution of the Agreement by the City and the Consultant. This Agreement shall continue in full force and effect for six (6) months, unless the Agreement is sooner terminated in accordance with this Agreement; provided, however, that the City and the Consultant may mutually agree in writing to extend the Term of this Agreement.
11. Termination.
A. For Convenience. The City may terminate this Agreement at any time without cause by giving thirty (30) days written notice to the other party of such termination and specifying the effective date thereof. In the event of termination of this Agreement, Consultant will be paid for work completed through the date of termination within thirty (30) days following submittal of a final invoice.
B. For Cause. If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, Consultant shall correct such failure within ten (10) days (or such longer period that the City may authorize in writing) after receipt of notice from the City specifying such failure. Should the failure not be corrected within this time period, the City may immediately terminate the Agreement by written notice to Consultant.
C. In the event of termination, whether for convenience or cause, reports, plans, studies and other documents (collectively, “documents”) related to the Services shall become the City’s property. Consultant shall provide all documents to the City that have not yet been within ten (10) calendar days after termination of the Agreement.
12. Independent Contractor. Consultant is an independent contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of the City. It is expressly understood between the Parties to this Agreement that no employee/employer relationship is intended.
13. Insurance.
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A. TheConsultant,atitsexpense,shallmaintainineffectatalltimesduringthetermof thisAgreementthefollowingcoverageandlimitsof insurance,whichshallbemaintainedwithinsurerslisted“A-,VIII”orbetterintheBest’sKeyRatingGuide:
CommercialGeneralLiabilityEachOccurrence $1,000,000PerProjectGeneralAggregate $2,000,000IncludingProducts/CompletedOperations;ContractualLiability/IndependentContractors;PropertyDamage(CoverageshallbeatleastasbroadasISOformCG201011/85orCG201007/04andCG203707/04combined,oranequivalentprovidingongoingandcompletedoperations) CommercialAutomobileLiabilityCombinedSingleLimitperAccidentforBodilyInjuryandPropertyDamage $1,000,000(CoverageshallbeatleastasbroadasISOformCA0001) WorkersCompensationAsRequiredbytheStateofCalifornia StatutoryLimits Employers’LiabilityEachAccident $1,000,000BodilyInjurybyDisease $1,000,000EachEmployee $1,000,000(AWaiverofSubrogationmustbeprovidedonbehalfoftheCertificateHolderfortheWorkersCompensation&Employers’Liabilitypolicies) ProfessionalLiabilityEachOccurrence $2,000,000GeneralAggregate $2,000,000 Provideoneofthefollowingforcyber-relatedservicesTechnologyProfessionalLiability(ErrorsandOmissions)EachOccurrence $2,000,000GeneralAggregate $2000,000(Coverage shall be sufficiently broad to respond to the duties and obligations as are undertaken byConsultant pursuant to this Agreement and shall include, without limitation, claimsinvolvinginvasionofprivacy violations, information theft, damage to or destruction of electronic information, release ofprivate information, alteration of electronic information, extortion andnetworksecurity. Thepolicyshallprovide coverage for breach response costs as well as any applicable regulatory fines and penalties aswell ascredit monitoringexpenseswithlimitssufficient torespondtotheseobligations.) OrCyberLiabilityInsuranceEachOccurrence $5,000,000
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GeneralAggregate $5,000,000
B. TheConsultant’s insuranceshallapplyseparatelytoeachinsuredagainstwhomclaimismadeorsuitisbrought,exceptwithrespecttothelimitsoftheinsured’sliability.
C. Professionalliabilityand/orcyberinsurancewrittenona “claimsmade”basismustbe renewedfora periodof three(3)yearsafterthiscontractexpiresor is terminated.SuchinsurancemusthavethesamecoverageandlimitsasthepolicythatwasineffectduringthetermofthiscontractandwillcoverConsultantforallclaimsmadebytheCityinsuredentitiesarisingoutofanyactsoromissionsofConsultantoritsofficers,employees,oragentsduringthetimethisAgreementwasineffect.
D. Anydeductiblesorself-insuranceretentionsmustbedeclaredandapprovedbythe City. At the City’s option,eitherthe insurershallreduceor eliminatesuchdeductiblesorself-insuredretentionsas respectsthe Cityinsuredentitiesor the insurershallprocurea bondguaranteeingpaymentoflossesandrelatedinvestigations,claimadministrationanddefenseexpenses.
E. Allinsuranceshallbeprimaryandnon-contributoryasrespectstheCityinsuredentities.Anyinsuranceorself-insurancemaintainedbytheCityinsuredentitiesshallbeinexcessoftheConsultant’sinsuranceandshallnotcontributewithit.
F. Consultantshallfurnishthe CitywithCertificatesof Insuranceand withendorsementseffectingcoveragerequiredbythisAgreement.CertificatesofInsuranceshallmeetthefollowingrequirements:
(1)Showthattheinsurancepolicyhasbeenendorsedtostatethatcoverageshallnotbesuspended,voided,cancelled,reducedincoverageorinlimitsexceptafter30days’priorwrittennotice(10days’writtennoticefornon-payment)totheCityofLancaster. (2)Listinthe“DescriptionsofOperations/Locations/Vehicles”section:“COMMUNICATIONSANDDESIGNSUPPORT”TheCityofLancaster, itselectedofficials,officers,employeesandvolunteersareincludedas additionalcoveredparties,butonlyinsofarastheoperationsunderthiscontractareconcerned.” (3)Listinthe“CertificateHolder”section:TheCityofLancaster, 44933FernAvenue,Lancaster, California93534.
14. CommencementandCompletionof Work. TheServicesto be providedbyConsultantpursuanttothisAgreementshallcommenceimmediatelyafterexecutionofthisAgreement,andshallbecompletednolaterthansixmonthsfollowingcommencement;providedhowever, thatthePartiesmayagreetoextendthetimeforcompletionuponmutualwrittenagreement.
15. OwnershipofDocuments. Allplans,specifications,reports,studies,mapsandotherdocumentspreparedorobtainedbyConsultantinthecourseofperformingtheworkandarerequiredbythisAgreementto bedeliveredtotheCityshallbethepropertyoftheCity. Basicsketches,charts, - -
computationsandsimilardatapreparedor obtainedbyConsultantunderthisAgreementshall,uponrequest,bemadeavailabletoCitywithoutrestrictionorlimitationontheiruse.
16. DataProvidedtoConsultant. CityshallprovidetoConsultant,withoutcharge,alldata,includingreports,records,mapsandotherinformation,nowintheCity’s possessionwhichmayfacilitatethetimelyperformanceoftheworkdescribedinExhibitA.
17.Consultant’sWarrantiesandRepresentations.
ConsultantwarrantsandrepresentstoCityasfollows:
A. Consultanthasnotemployedorretainedanypersonorentity, otherthana bonafideemployeeworkingexclusivelyforConsultant,tosolicitorobtainthisAgreement.
B. Consultanthasnotpaidoragreedtopayanypersonorentity, otherthana bonafideemployeeworkingexclusivelyforConsultant,anyfee,commission,percentage,gift,oranyotherconsiderationcontingentuponorresultingfromtheexecutionofthisAgreement.Uponanybreachorviolationofthiswarranty, Cityshallhavetheright,initssolediscretion,toterminatethisAgreementwithoutfurtherliability, or, in thealternative,to deductfromanysumspayablehereunderthefullamountorvalueofanysuchfee,commission,percentageorgift.
C. ConsultanthasnoknowledgethatanyofficeroremployeeoftheCityhasanyinterest,whethercontractual,noncontractual,financial,proprietary, orotherwise,inthistransactionorinthebusinessoftheConsultant,andthatifanysuchinterestcomestotheknowledgeofConsultantatanytime,a completewrittendisclosureofsuchinterestwillbemadetoCity, evenifsuchinterestwouldnotbedeemedaprohibited“conflictofinterest”underapplicablelaws.
D. Uponthe executionof thisAgreement,Consultanthasno interest,directorindirect,inanytransactionorbusinessentitywhichwouldconflictwithorinanymannerhindertheperformanceofservicesandworkrequiredbythisAgreement,norshallanysuchinterestbeacquiredduringthetermofthisAgreement.
18. ResolutionofDisputes.
A. Disputesregardingtheinterpretationor applicationof anyprovisionsof thisAgreementshall,totheextentreasonablyfeasible,beresolvedthroughgoodfaithnegotiationsbetweentheparties.
B. If thepartiescannotresolvethedisputethroughgoodfaithnegotiations,eitherpartymaygiveNoticeofDisputetotheotherparty. TheNoticeofDisputeshallstatethenatureofthedisputeandthecorrectiveactionnecessarytoremedythedispute.
AfterNoticeofDispute,thepartiesshallfirstattempttoresolveanydisputesbymediation.Thepartiesshallagreeona singlemediator. MediationshallbeconductedinLancaster,California. Eachpartyshallpayitsownattorneys’feesandthecostsofmediationshallbesplitequallybetweentheparties. - -
If thedisputehasnotbeenresolvedbymediationwithin45daysafterNoticeofDispute,orthepartiesareunabletoagreetoamediator, within15daysafterNoticeofDispute,then,thedisputemay, uponagreementoftheparties,beresolvedbybindingarbitration.
C. If anyactionatlaworinequityisbroughttoenforceorinterpretanyprovisionsofthisAgreement,theprevailingpartyinsuchactionshallbeentitledtoreasonableattorney’sfees,costandnecessarydisbursements,inadditiontosuchotherreliefasmaybesoughtandawarded.
19. Exhibits.
Thefollowingexhibitsto whichreferenceis madein thisAgreementaredeemedincorporatedhereinintheirentirety:
Exhibit“A” ScopeofServicesandRatesSchedule
20. GoverningLaw.
ThisAgreementshallbegovernedbythelawsoftheStateofCalifornia.
21. EffectiveDate.
ThisAgreementshallbecomeeffectiveasofthedatesetforthbelowonwhichthelastoftheparties,whetherCityorConsultant,executessaidAgreement. [Signaturesbeginonnextpage.]
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INWITNESSWHEREOF, thepartiesheretohavecausedthisAgreementtobeexecutedandattestedbytheirrespectiveofficersthereuntodulyauthorized.
CITYOFLANCASTERLANCASTER,CALIFORNIA
By: JasonCaudle,CityManager
Dated:
FTICONSULTING,INC.NEWYORK,NEWYORK
By: ChrisTucker, GlobalEnergySectorLead
Dated:
ATTEST:
CityClerk
APPROVEDASTOFORM:
CityAttorney
- -
FTI Consulting
1 To:
From:
Date:
RE:
City of Lancaster, CA
FTI Consulting
July 28, 2023
Work Plan for City of Lancaster Communications and Design Support FTI Consulting (“FTI”) appreciates the opportunity to continue working with the City of Lancaster to support its communications and design requirements across several programs and initiatives to help amplify the City of Lancaster as a leading municipality fostering the clean energy transition through entrepreneurship, innovation, technology and business partnerships.
We have provided communications and design support to the City of Lancaster since June 2021 across Hydrogen & Clean Energy, Corporate Reputation, and Digital & Insights workstreams and would be delighted to continue this collaboration.
At the request of the City of Lancaster staff, we have combined these workstreams under a single integrated work plan for the City Council’s consideration and approval, which will cover the period between August 1 to December 31, 2023.
This combined work plan offers additional opportunities for FTI to efficiently service the City of Lancaster across its growing programs and initiatives. At the start of the new plan, FTI will take the following steps to ensure continued effective execution:
• Weekly check-in calls: FTI will schedule a weekly meeting with city staff (Alexus Merino, Jennifer Seguin), the FTI team lead and relevant workstream leads to discuss updates on deliverables, feedback from city staff, and new assignments that require FTI support. • Distribution email: FTI will create a dedicated listserv that will include all FTI leads across workstreams to further increase flow of communication and expedite deliverables.
Team Structure
FTI has established the following team structure to deliver this project. Peter Thompson will continue to serve as the main point of contact and liaison between city staff and the FTI team, working closely with relevant workstream leads. Ivana Jemelkova and Jeff Bechdel will provide senior oversight and advice, including on contractual and other key matters.
Account Oversight: Ivana, Jemelkova, Senior Managing Director / Jeff Bechdel, Managing Director FTI Liaison to the City of Lancaster: Peter Thompson, Director Hydrogen & Clean Energy Corporate Reputation Digital & Insights Peter Thompson, Director
Beverly Popoola, Consultant
Cassidy Barnes, Consultant
Scott Frankel, Senior Director
Jessica Delgado, Senior
Consultant
Jackie Rivera, Creative Strategist
Ryan Tippery, Creative Strategist
EXHIBIT A - SCOPE OF WORK AND RATE SCHEDULE
FTI Consulting
2 Scope of Work
Workstream #1: Hydrogen & Clean Energy
Since 2021, FTI has supported the City of Lancaster’s Smart Sister Cities initiative with Namie, Japan, the Pacific Hydrogen Alliance, project announcements with Choshu, Heliogen, Element Resources, SGH2, Hitachi Zosen, and Hydroplane. FTI also supports city leadership to prepare talking points, speeches, and other event engagements in the hydrogen and clean energy space.
Program Goals:
• Elevate Lancaster’s reputation as a hydrogen and clean energy leader • Develop materials to entice new hydrogen and clean energy business to the city • Highlight the voice of city leadership as driving the global energy transition at the local level.
Key Messages:
• Lancaster is a business-friendly city.
• Lancaster is a trailblazer on hydrogen.
• Lancaster is a global leader among cities in the fight against climate change. • In Lancaster, government and business are working in coordination to develop a thriving hydrogen economy.
• Climate change cannot be solved without a coordinated effort from all. Lancaster exemplifies the teamwork required for such an effort.
Key Audiences:
• Like-minded cities around the country and world who might join the Smart Sister Cities Partnership
• Hydrogen business community and neighboring municipalities • Constituents
Based on discussions with City staff, we understand FTI’s support will be needed in the following areas in Q3/Q4 2023:
Clean Energy Brand Collateral
Messaging Goal FTI Activities Can Include:
Under its new Clean Energy Brand, the City of
Lancaster is developing an impressive portfolio of
clean energy projects through a collaborative
leadership approach with industry and leading
the transition to decarbonize its local and
regional economy to combat the climate crisis.
• Incorporation of the Brand within the
City’s existing collateral (website, fact
sheets, presentations, etc.).
FTI Consulting
3 Pacific Hydrogen Alliance Support
Messaging Goal FTI Activities Can Include:
Through the formation of the Pacific Hydrogen
Alliance, the City of Lancaster is leading a
coalition of municipal governments to embrace
clean hydrogen to decarbonize with a “bottom-
up” approach.
• Develop a script for a video showcasing
clean hydrogen initiatives. To be
completed by October 13-15.
• Updated PHA one-pager that includes
mission statement, goals and next steps
for the Alliance.
• Promotion of PHA announcements and
milestones through media and third-
party engagement.
Media Engagement Support
Messaging Goal FTI Activities Can Include:
The City of Lancaster continues to develop new
partnerships and clean energy projects with
industry through a collaborative leadership
approach that removes local barriers to solutions
that will combat the climate crisis.
• Drafting press releases on partnerships
and projects
• Distribution on PR Newswire.
• Pitch announcements to reporters to
amplify projects with key audiences.
Event Support
Messaging Goal FTI Activities Can Include:
The City of Lancaster advances clean hydrogen to
decarbonize across the power, transport and
industrials sectors. The City’s approach to
decarbonization has garnered attention at the
state, national and international level, creating
speaking opportunities at high-profile
conferences and events.
• Identify speaking opportunities for City
Leadership and pitch to event organizers.
• Draft talking points and speeches to
prepare City leaders for speaking
opportunities.
• Support the development of
presentations.
Events:
• Hydroplane First Flight (Summer 2023)
• Fukushima Conference (October 13-15)
FTI Consulting
4 Workstream #2: Corporate Reputation
From Q4 ‘22 through Q2 ‘23, the FTI supported the City of Lancaster on strategic corporate communication matters. The assignments ranged from research and due diligence through project execution through strategic counsel (weekly meetings) and were united by a common strategic thread and goal: Bolster the City of Lancaster’s reputation as a great place to live, work, and visit.
The proposed scope of work picks up where we left off, continuing to provide support on the strategic pillars and imperatives for the City of Lancaster.
We understand the objectives to be as follows:
• Raise city profile as a proven global hub for energy, tech & innovation, Smart City infrastructure, and its entrepreneurial spirit (Tagline: “Creating a better tomorrow, together”) • Support its economic development, including programs related to modernization and infrastructure
• Engage current and prospective stakeholders (businesses, citizens, etc.) • Ensure city leaders are viewed as credible and sought-after thought leaders Workstream #3: Digital &Insights
In addition to the above, the FTI Digital & Insights team will support the City with its graphic design needs. Based on discussions with city staff, FTI will support the following:
Clean Energy Brand Development
Deliverables FTI Activities Can Include:
Brand Workshop
FTI will facilitate a brand workshop with the City
of Lancaster team. During the workshop, we will
ask questions about objective of initiative and
goals for the new logo. The intended outcome of
this session is to gain insights and alignment on
name and logos.
Logo Exploration
After name is selected, FTI will explore logo
directions. We will provide two distinct versions
that we will then refine into the final logo. FTI will
also provide a final logo package for use on all
materials moving forward.
Material Development
Using the approved logo and existing City of
Lancaster branding, FTI will create a PPT template
for general use and communications. FTI will also
FTI Consulting
5 design a simple one-page fact sheet that outlines
the initiative.
Budget:
FTI will work on a time and materials basis with an agreed cap for Workstreams #1 and #2 to ensure sufficient flexibility and ability to pivot based on the City’s priorities. The City of Lancaster will provide the necessary direction on FTI deliverables within the framework laid out above.
The Digital & Insights Clean Energy Brand Development project will have a fixed project fee of $30,000.
FTI will invoice the City of Lancaster on a monthly basis for Workstreams #1 and #2 and upon completion of deliverables specified under Workstream #3. Expenses, for items such as press release distribution, are considered additional and outside of the budget quoted below. Before accruing any such expenses, FTI will require written approval from the City of Lancaster staff.
Workstreams Fees
#1 - Hydrogen & Clean Energy $50,000*
#2 - Corporate Reputation $50,000
#3 - Digital & Insights $30,000 (Clean Energy Brand Development) FTI Hourly Charge-Out Rates
Sr. Managing Director/Sr. Advisor $700-$750/hour
Managing Director $625-$675/hour
Sr. Director $550-$600/hour
Director $450-$500/hour
Sr. Consultant $350-$385/hour
Consultant $250-$285/hour
Administration $90/hour
*Note: FTI accrued an overage of $5,861.75 for services delivered under its January-June 2023 budget.
City of Lancaster staff approved compensation of this overage from the $50,000 budget covering the August-December 2023 period, resulting in an actual budget cap for this new period of $44,138.25. plus 20% contingency of $26,000
T
o: Purchasing Division
From: Cindy Valdivia – Analyst – City Manager’s Office
CC: Alexus Merino – Manager, Assistant to the City Manager Date: January 17, 2023
Subject: Sole Source Justification – FTI Consulting
M
emo: As part of the City’s objective, FTI Consulting will create a comprehensive, proactive engagement strategy to achieve several key project updates, announcements, media, and speaking opportunities for the Communications Division support on key priority projects in the City. FTI Consulting has already established a working relationship with City staff for the past two years creating key resources and insight on the City’s events, obstacles, and past marketing efforts.
FTI Consulting is the only consultant with previous experience on specific City of Lancaster priority projects, as well as being specialized consultants in the marketing field. With their extensive knowledge, and current resources, getting another consultant would contradict any cost savings, therefore the City has no cost benefit to obtain additional quotes from other consultants for this project. Your approval is requested to find FTI Consulting as a sole source vendor.
P
lease contact Cindy Valdivia at ext. 6181 if you have any questions.
A
PPROVAL:
Purchasing Division, Finance Date
STAFF REPORT
City of Lancaster
CC 11
8/08/2023
JC
Date:August 8, 2023
To: Mayor Parris and City Council Members
From:Jason Caudle, City Manager
Subject:Second Amendment to the Joint Exercise of Powers Agreement Relating to the California Choice Energy Authority
Recommendation:
It is recommended that the City Council review and approve the second amendment to the Joint Exercise of Powers Agreement relating to the California Choice Energy Authority (“Agreement”) and authorize the City Manager, or his designee, to sign all documents.
Fiscal Impact:
There are no immediate fiscal implications involved with the approval of this amendment.
Background:
Community Choice Aggregation (CCA) has been a transformative model in California's energy landscape. Lancaster made history in 2015 as the first California city to establish a stand-alone CCA, providing electrical service to nearly 95% of all residents.
In 2012, as part of this statewide momentum, the City of Lancaster and the City of San Jacinto collaborated to establish the "California Clean Energy Authority" (Authority). The Authority was designed as a vehicle to manage tasks associated with clean energy.
The initial agreement allowed for amendments given a 30-day notice to all participants and the consent of a majority of the administrative body, the Authority Board. In 2017, the first amendment to the agreement was enacted.
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Now, a second amendment is being proposed to modify the structure of the Authority Board and the method of appointment for these positions. All involved parties have been informed. To fully ratify this amendment, it also requires the approval from the City of San Jacinto.
At this juncture, the focus is not on adding cities, but on enhancing the existing entity. The proposed amendment reflects the evolution of the organization since its inception and is designed to adapt to the changing needs and demands of its stakeholders.
One significant advantage of this proposed amendment is that it would enhance compliance by providing a clear and efficient structure for decision-making. It offers clarity in roles, which is crucial for a fully-fledged entity like this.
In essence, these changes reflect the growth and maturity as an organization and the ongoing commitment to provide efficient, clean energy solutions for our communities.
Attachment:
Second Amendment to the Joint Exercise of Powers Agreement 1" = "1" "NG-U9ZQVMF2/4850-7001-4833v4/022283-0571" "" NG-U9ZQVMF2/4850-7001-4833v4/022283-0571
SECOND AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT
RELATING TO THE CALIFORNIA CHOICE ENERGY AUTHORITY
This second amendment to the JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA CHOICE ENERGY AUTHORITY (“Agreement”) is dated as of _______________, 2023 (“Second Amendment”).
WHEREAS, the City of Lancaster, California and the City of San Jacinto, California previously entered into the Agreement dated as of August 14, 2012; WHEREAS, the Agreement created and established, pursuant to the Joint Exercise of Powers Act, the “California Clean Energy Authority” (“Authority”) for the purposes set forth therein and to exercise the powers provided therein;
WHEREAS, the Agreement authorizes the amendment, modification or alteration of the Agreement by (i) a 30 day notice being given to participating members, and (ii) an affirmative majority vote of the administrative body of the Authority (“Authority Board”); WHEREAS, the Agreement was amended on March 28, 2017 (the “First Amendment”); WHEREAS, the Authority Board desires to amend the Agreement in order to change the composition of the Board of Directors;
WHEREAS, 30-day notice of this Second Amendment has been given to participating members of the Authority; and
WHEREAS, this Second Amendment was approved by an affirmative majority vote of the Authority Board via Resolution No. ________.
NOW, THEREFORE, the Agreement is amended as follows:
Joint Exercise of Powers Agreement Relating to the California Choice Energy Authority
1.Section 3, subsection B, of the Agreement is hereby deleted in its entirety and replaced as follows:
B. BOARD.
The Authority shall be administered by a board of directors, comprised of the following:
1. Board Members. The City Manager of each member agency shall appoint in writing one (1) board member and not more than two alternate board members to serve on the Board of Directors, which board members and alternates may be an elected or appointed official or staff member of such member agency.
1" = "1" "NG-U9ZQVMF2/4850-7001-4833v4/022283-0571" "" NG-U9ZQVMF2/4850-7001-4833v4/022283-0571
2. The Board shall be the administering agency of this Agreement and, as such, shall be vested with the powers set forth herein, and shall administer this Agreement in accordance with the purposes and functions provided herein.
All references in this Agreement to any Board member shall be deemed to refer to and include the applicable alternate Board member, if any, when so acting in place of a regularly appointed Board member.
2.Section 3, subsection C, of the Agreement is hereby deleted in its entirety and replaced as follows:
C. OFFICERS; DUTIES; OFFICIAL BONDS.
1. Chair. The Board member appointed by the Lancaster City Manager shall serve as the Chair of the Board of Directors unless a majority of the Board of Directors votes to appoint a different board member as the Chair of the Board of Directors, in which event, such Board member shall serve as Chair of the Board of Directors for a two (2) year term. At the conclusion of such two (2) year term, and every two (2) years thereafter, an election shall be held at which a Chair shall be selected by majority vote of the Board of Directors for a two (2) year term.
2. Vice Chair. Upon approval of this Second Amendment, and every two years thereafter, an election shall be held at which a Vice Chair shall be selected by majority vote of the Board of Directors for a two-year term. In the event that the Board of Directors elects a Chair pursuant to Section 3.C.1, above, an election shall be held for Vice Chair at the same Board of Directors meeting at which a Chair is elected. At the conclusion of such two (2) year term, and every two (2) years thereafter, an election shall be held at which a Vice Chair shall be selected by majority vote of the Board of Directors for a two (2) year term.
3. Other. The Board of Directors shall appoint an Chief Executive, Treasurer, Auditor, and Controller of the Authority (the “Treasurer”) pursuant to Section 6505.6 of the Joint Exercise of Power Act.
Subject to the applicable provisions of any resolution, indenture, trust agreement or other instrument or proceeding authorizing or securing Bonds (each such resolution, indenture, trust agreement, instrument and proceeding being herein referred to as an “Indenture”) providing for a trustee or other fiscal agent and except as may otherwise be specified by resolution of the Board, the Treasurer is designated as the depositary of the Authority to have custody of all money of the Authority, from whatever source derived and shall have the powers, duties and responsibilities specified in Sections 6505, 6505.5 and 6509.5 of the Joint Exercise of Powers Act.
The Treasurer of the Authority is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution of the Board but in no event less than $1,000.
The Chief Executive shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants. 1" = "1" "NG-U9ZQVMF2/4850-7001-4833v4/022283-0571" "" NG-U9ZQVMF2/4850-7001-4833v4/022283-0571 The Board shall have the power, by resolution, to the extent permitted by the Joint Exercise of Powers Act or any other applicable law, to delegate any of its functions to one or more of the Board Members, employees or agents of the Authority and to cause any of said Board Members, employees or agents to take any actions and execute any documents or instruments for and in the name and on behalf of the Board or the Authority.
IN WITNESS WHEREOF, the Authority Board has caused this Second Amendment to be executed and attested by its duly authorized representatives as of the date and year set forth above.
Dated:__________________
By:
Printed Name:_______________________
Title:______________________________
ATTEST
By:
Printed Name:_______________________
Title:_______________________________
STAFF REPORT
City of Lancaster
Date: August 8, 2023
To: Mayor Parris and City Council Members
From: Roderick Armalin, Public Safety Director
Subject:Lancaster Police Department 2023 Dodge Durango Fleet Purchase
Recommendations:
1. Approve the purchase of six (6) 2023 Dodge Durango Law Enforcement Vehicles, utilizing the BuyBoard National Purchasing Cooperative Contract awarded to Dana Safety Supply, Inc.
2. Authorize the City Manager or his designee to execute the National Purchasing Cooperative Interlocal Participation Agreement and approve the not to exceed purchase amount of $474,030.00 via the BuyBoard National Purchasing Cooperative.
Fiscal Impact:
Funds are available in the fiscal year 2023-2024 in expenditure accounts 101-4400-6201 and 111-4400-6201. Accordingly, approve a purchase amount of $430,935.00, with a contingency of $43,095.00, for a total not to exceed the amount of $474,030.00.
Background:
Dana Safety Supply was founded in 2005 by law enforcement and fleet professionals to provide the best equipment and expertise in public safety. Dana Safety Supply, INC was awarded contract number 698-23 for Public Safety and Firehouse Supplies and Equipment by BuyBoard National Purchasing Cooperative. Bid documents meet all State and City requirements for competitive procurement. The City could not make this purchase locally as no Lancaster business sells this type of upfitted vehicle.
U.S. vehicle and equipment inventory are at their lowest since the global financial crisis of the late 2000s. Law enforcement vehicles and equipment are difficult to procure with long wait times. The shortage of microchips and the constantly changing price of materials means the final sales price of a vehicle could adjust daily. Therefore, we request a 10% contingency authority to allow flexibility when processing the final order.
NB 1
8/08/2023
JC
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Lancaster Hybrid Policing Program will be a staunch symbol of the City’s commitment to the safety and security of its citizens. Our officers will be highly accessible and visible to all community members and will work tirelessly to partner with Lancaster citizens in addressing public safety. This unique community-led policing model starts with a recognizable police fleet that meets all law enforcement needs and requirements. These six vehicles will do that and aid officers in addressing community members’ public safety concerns.
HA:sm
Attachments:
National Purchasing Cooperative Interlocal Participation Agreement Durango PPV Quote
Upfit for Durango by DSS
(Revised by the Cooperative Board of Trustees on March 10, 2016). [reformatted June 2023]
NATIONAL PURCHASING COOPERATIVE
INTERLOCAL PARTICIPATION AGREEMENT
This Interlocal Participation Agreement ("Agreement ") is made and entered into on the date indicated below by and between The National Pu rchasing Cooperative ("Cooperative") , an administrative agency of cooperating local governments, acting on its own behalf and the behalf of all participating local governments, and the undersigned local government ("Cooperative Member").
I. RECITALS
WHEREAS, the National Purchasi ng Cooperative was formed on May 26, 2010, pursuant to M D. CODE ANN., STATE FIN. & PROC. § 13-110 (West 2009), and R.I.GEN.LAWS § 16-2-9.2 (2009); and
WHEREAS, the purpose of this Agreement is to facilitate compliance with state procurement requirements, to identify qualified vendors of commoditi es, goods and services, to relieve the burdens of the governmental purchasing function, and to realize the various potential ec onomies, including administrative cost savings, for Cooperative Members;
NOW THEREFORE, in consideration of the mutual covenants, promises a nd obligations contained herein, the undersigned Cooperative Member and the Cooperative agree as follows.
II. TERMS AND CONDITIONS
1. Adopt Organizational Interlocal Cooperation Agreement. The Cooperative Member by the execution or acceptance of this Agreement hereby adopts and appr oves the Organizational Inte rlocal Agreement dated May 26, 2010, which agreement is incorporated herein by reference (and is available from the Cooperative upon request). The Organizational Inte rlocal Agreement established the Cooperative as an administrative agency of its collective participants, and Cooperative Member agrees to become a participant or additional party to that Organizational Interlocal Agreement.
2. Term. The initial term of this Agreement shall commence on the date it is executed by both parties and shall automatically renew for successive one-year terms un less sooner terminated in accordance with the provisions of this Agreement.
3. Termination.
(a) By the Cooperative Member. This Agreement may be terminated by the Cooperative Member at any time by thirty (30) days prior written noti ce to the Cooperative, provided any amounts owed to any vendor have been fully paid.
(Revised by the Cooperative Board of Trustees on March 10, 2016). [reformatted June 2023]
(b) By the Cooperative. The Cooperative may terminate this Agreement by:
(1) Giving ten (10) days notice by certified mail to the Cooperative Member if the Cooperative Member breaches this Agreement; or
(2) Giving thirty (30) days notice by certified mail to the Cooperative Member with or without cause.
(c) Termination Procedure. If the Cooperative Member termin ates its participation under this Agreement or breaches this Agr eement, or if the Cooperative te rminates participation of the Cooperative Member, the Cooperative Member shall bear the full fi nancial responsibility for all of its purchases made from vendors under or through this Agreement. The Cooperative may seek the whole amount due, if any, fr om the terminated Cooperati ve Member. In addition, the Cooperative Member agrees it will not be entitle d to a distribution which may occur after the Cooperative Member terminates from the Cooperative.
4. Payments by Cooperative Member. The Cooperative Member will make timely payments to the vendor for the goods, materials and servic es received in accordance with th e terms and conditions of the bid invitation, instructions, and all other applicable procurement documents. Payment for goods, materials and services and inspections and acce ptance of goods, materials and se rvices ordered by the procuring Cooperative Member shall be the exclusive obligation of the proc uring Cooperative Member, and not the Cooperative. Furthermore, the Cooperative Member is solely responsible for negotiating and securing ancillary agreements from the vendor on such other terms and conditions, including provisions relating to insurance or bonding, that the Cooperative Member deem s necessary or desirable under federal, state or local law, local policy or rule, or within its business judgment.
5. Payments by Vendors. The parties agree that th e Cooperative will require payment from vendors which are selected to provide goods , materials or services to Cooperative Members. Such payment (hereafter “Vendor Fees”) may be up to two percent (2%) of the purchase price paid by Cooperative Members or a flat fee amount that may be set from time to time by the Cooperative Board of Directors. Cooperative Member agrees that these Vendor Fees fair ly compensate the Cooperative for the services and functions performed under this Agreement and th at these Vendor Fees enable the C ooperative to pay the administrative, endorsement, licensing, marketing, and other expenses in volved in successfully operating a program of electronic commerce for the Cooperative Members. Further, Cooperative Member affirmatively disclaims any rights to such Vendor Fees, acknowledging all such fees are the property of the Cooperative. Similarly, in no event shall a Cooperative Member be responsible for payment of Vendor Fees.
6. Distribution. From time to time, and at the sole discretion of the Cooperative Board of Directors, the Cooperative may issue a distribution to Cooperative Members under a pl an developed by the Cooperative Board of Directors. The Cooperative Member acknowledges that a distribution is never guaranteed and will depend on the overall financial condition of the Cooperative at the time of the distribution and the purchases made by the Cooperative Member.
7. Administration. The Cooperative may enter into contracts w ith others, including non-profit associations, for the administration, operation and sponsorship of the purc hasing program provided by this Agreement.
The Cooperative will provide reports, at least annually, to the Cooperative Member electronically or by
(Revised by the Cooperative Board of Trustees on March 10, 2016). [reformatted June 2023]
mail. Cooperative Member will report purchase orders generated under this Agreement to the Cooperative or its designee, in accordance with instructions of the Cooperative.
8. BuyBoard®. Cooperative Member will have a non-exclusive license to use the BuyBoard electronic purchasing application (BuyBoard) during the term of this Agreement. Cooperative Member acknowledges and agrees that the BuyBoard electronic application and trade name are owned by the Texas Association of School Boards, Inc., and that neither the Cooperative nor the Cooperative Member has any proprietary rights in the BuyBoard electronic application or trade name. The Cooperative Member will not attempt to resell, rent, or otherwise distribute any part of BuyBoard to any other party; nor will it attempt to modify the BuyBoard programs on the server or acquire the programming code. The Cooperative Member may not attempt to modify, adapt, translate, distribute, reverse engineer, deco mpile, or disassemble any component of the application. The Cooperative Member will use BuyBoard in accordance with instructions from the Cooperative (or its designee) and will discontinue use upon termination of participation in the Cooperative.
The Cooperative Member will maintain equipment, software and conduct testing to operate the BuyBoard system at its own expense.
III. GENERAL PROVISIONS
1. Amendment by Notice. The Board may amend this Agreement, provided that prior written notice is sent to the Cooperative Member at least 60 days prior to the effective date of any change described in such amendment and provided that the Cooperative Member does not terminate its participation in the Cooperative before the expiration of said 60 days.
2. Authorization to Participate and Compliance with Local Policies. Each Cooperative Member represents that its governing body has duly author ized its participation in the Coop erative and that the Cooperative Member will comply with all state and local laws and policies pertaining to purchasing of goods and services through its membership in the Cooperative.
3. Bylaws. The Cooperative Member agrees to abide by the Bylaws of the Cooperative, as they may be amended, and any and all written pol icies and procedures established by the Cooperative. Notwithstanding the foregoing, the Cooperative shall provide written notice to the Cooperative Member of any amendment to the Bylaws of the Cooperative and any written policy or procedure of the Cooperative that is intended to be binding on the Cooperative Member. The Cooperative sh all promptly notify all C ooperative Members in writing of any Bylaw amendment, policy or procedure change.
4. Cooperation and Access. The Cooperative Member agr ees that it will cooperate in compliance with any reasonable requests for information a nd/or records made by the Cooperativ e. The Cooperative reserves the right to audit the relevant records of any Cooperative Member. A ny breach of this provision shall be considered material and shall make the Agreement subject to termination on ten (10) days written notice to the Cooperative Member.
5. Coordinator. The Cooperative Member agrees to appoint a program coordinator w ho shall have express authority to represent and bind the Cooperative Member, and the Cooperative will not be required to contact any other individual regarding program matters. Any notice to or any agreements with the coordinator shall be binding upon the Cooperative Memb er. The Cooperative Member rese rves the right to change the coordinator as needed by giving written notice to the Cooperative. Such notice is not effective until actually received by the Cooperative.
(Revised by the Cooperative Board of Trustees on March 10, 2016). [reformatted June 2023]
6. Current Revenue. The Cooperative Member hereby represents that all paymen ts, fees, and disbursements required of it hereunder shall be made from current revenues budgeted and available to the Cooperative Member.
7. Defense and Prosecution of Claims. The Cooperative Member authorizes the Cooperative to regulate the commencement, defense, inte rvention, or participation in a judicial, administrativ e, or other governmental proceeding or in an arbitration, me diation, or any other form of alte rnative dispute resolution, or other appearances of the Cooperative in any litigation, claim or dispute which arises from the services provided by the Cooperative on behalf of its members, collectively or individually. Neither this provision nor any other provision in this Agreement will create a legal duty for the Cooperative to provide a defense or prosecute a claim; rather, the Cooperative may exer cise this right in its sole discre tion and to the extent permitted or authorized by law. The Cooperative Member shall reasonably cooperate a nd supply any information necessary or helpful in such prosecution or defense. Subject to specific revocation, the Cooperative Member hereby designates the Cooperative to act as a class representative on its beha lf in matters arising out of this Agreement.
8. Governance. The Board of Directors (Board) will govern the Cooperative in accordance with the Bylaws.
9. Legal Authority. The Cooperative Member represents to the Cooperative the following:
a) The Cooperative Member has conferred with legal counsel and determined it is duly authorized by the laws of the jurisdiction in which the Cooperative Member lies to participate in cooperative purchasing, and specifically, the National Purchasing Cooperative.
b) The Cooperative Member possesses the legal authority to enter into this Agreement and can allow this Agreement to automatically renew without subsequent action of its governing body. c) Purchases made under this Agreement will satisfy a ll procedural procurement requirements that the Cooperative Member must meet under all applicable local policy, regulation, or state law. d) All requirements––local or state–for a third party to approve, record or authorize the Agreement have been met.
10. Disclaimer. THE COOPERATIVE, ITS ENDORSERS, SPONSORS AND SERVICING
CONTRACTORS, INCLUDING THE NATIONAL SCHOOL BOARDS ASSOCIATION (NSBA) AND THE TEXAS ASSOCIATION OF SCHOOL BOARDS, INC. (TASB), DO NOT WARRANT THAT THE
OPERATION OR USE OF COOPERATIVE SERV ICES WILL BE UNINTERRUPTED OR ERROR FREE.
THE COOPERATIVE, ITS ENDORSERS, SPONSOR S AND SERVICING CONTRACTORS, HEREBY
DISCLAIM ANY AND ALL WARRANTIES, EXPR ESS OR IMPLIED, IN REGARD TO ANY
INFORMATION, PRODUCT OR SERVICE FURNISHED UNDER THIS AGREEMENT, INCLUDING
WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
11. Limitation of Liability. Without waiver of the disclaimer or other limitation of liability in this Agreement, the parties agree that:
(a) Neither party waives any immunity from liability afforded under law;
(Revised by the Cooperative Board of Trustees on March 10, 2016). [reformatted June 2023]
(b) In regard to any lawsuit or formal adjudication arising out of or relating to this Agreement, neither party shall be liable to the other under any circumstance fo r special, incidental , consequential, or exemplary damages;
(c) The maximum amount of damages recoverable will be limited to the amount of fees which the Cooperative received as a direct result of the Cooperative Memb er’s purchase activity, within 12 months of when the lawsuit or action was filed; and
(d) In the event of a lawsuit or formal adjudicatio n the prevailing party will be entitled to recover reasonable attorney’s fees.
Without waiver of the disclaimer or other limitation of liability in this Agreement, the parties further agree to limit the liability of the Coope rative’s Endorsers, Sponsors and Se rvicing Contractors (defined in Paragraph 10, above) up to the maximum amount each received from or through the Cooperative, as a direct result of the undersigned Cooperative Member’s purchase activity, within 12 months of the filing of any lawsuit or action.
12. Limitation of Rights. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended to confer upon any person, other than the parties hereto, any benefits, rights, or remedies under or by reason of this Agreement.
13. Merger/Entirety. This Agreement, together with the Cooperati ve’s Bylaws and Organizational Interlocal Agreement, represents th e complete understanding of the Cooperative and Cooperative Member. To the extent there exists any conflict between the terms of this Agreement and that of prior agreements, the terms of this Agreement shall control and take precedence over all prior participation agreements.
14. Notice. Any written notice to the Cooperative may be given by e-mail to NSBA at [email protected]; by U.S. mail, postage prepaid, and delivered to the Na tional Purchasing Cooperative, 1680 Duke Street FL2, Alexandria, VA, 22314; or other mode of delivery typically used in commerce and accessible to the intended recipient. Notices to Cooperative Member may be given by e-mail to the Cooperative Member’s Coordinator or other e-mail address of record provided by the Cooperative Member; by U.S. mail, postage prepaid, and delivered to the Cooperative Member’s Coordinator or chief executive officer (e .g., superintendent, city manager, county judge or mayor); or other mode of delivery typically used in commerce and accessible to the intended recipient.
15. Severability. If any portion of this Agreement shall be declared illegal or held unenforceable for any reason, the remaining portions shall continue in full force and effect.
16. Signatures/Counterparts. The failure of a party to provide an original, manually executed signature to the other party will not affect the validity, enforceability or binding effect of this Agreement because either party may rely upon an electronic or facsimile signature as if it were an original. Furthermore, this Agreement may be executed in severa l separate counterparts, each of whic h shall be an original and all of which shall constitute one and the same instrument.
17. Authority. By the execution and delivery of this Agreement, each undersigned individual represents that he or she is authorized to bind the entity that is a party to this Agreement.
(Revised by the Cooperative Board of Trustees on March 10, 2016). [reformatted June 2023]
IN WITNESS WHEREOF, the parties, acting through their duly authori zed representatives, accept this Agreement.
TO BE COMPLETED BY THE NATIONAL PURCHASING COOPERATIVE:
By: __________________________________________ Date:
Dan Troxell, Ph.D.
Assistant Secretary
TO BE COMPLETED BY COOPERATIVE MEMBER:
[Signature required unless accepted as an Amendment by Notice as described in the Agreement.]
_______________________________________________________________________ (Name of Local Government)
By: ___________________________________________________ Date: __________________ Signature of authorized representative of Cooperative Member
___________________________________________________
Printed name and title of authorized representative
Coordinator for the
Cooperative Member is: _________________________________ N a m e
_________________________________
Title
_________________________________
Mailing Address
_________________________________
C i t y
_________________________________
S t a t e Z i p C o d e
_________________________________
Telephone
_________________________________
F a x
_________________________________
E m a i l
800-845-0405Telephone:
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
Lancaster CA Lancaster CA
Sales Quote
492517
MISCCustomer No.
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
Payment MethodCustomer PO NumberF.O.B.Ship Via
NET30GROUND SHIPMENT PPAY & ADD TO INVOICE
Entered By Resale Number Ordered BySalesperson
Patrick Hope - HoustonPatrick Hope
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
07/06/23
E-mail: E-mail:
11 Y 47,847.0047,847.0000MISCa6NO0J25MK
Black Dodge Durango 5.7L PPV V8
Warehouse: HOUS
CLOTH FRONT/VINYL REAR
SKID PLA TE
LED SPOTLIGHT
11 Y 4,904.324,904.3200MISCa6NO0J74XB
10.25% Tax
Warehouse: HOUS
Approved By:
Approve All Items & Quantities
Quote Good for 30 Days
07/06/23
09:00:07 AM
1Page No.
Print Time
Print Date
Printed By: Patrick Hope
Order Total
Freight
Subtotal
52,751.32
0.00 52,751.32
a6NO0J74XB
800-845-0405Telephone:
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
Lancaster CA Lancaster CA
Sales Quote
492514
MISCCustomer No.
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
Payment MethodCustomer PO NumberF.O.B.Ship Via
NET30GROUND SHIPMENT PPAY & ADD TO INVOICE
Entered By Resale Number Ordered BySalesperson
Patrick Hope - HoustonPatrick Hope
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
07/06/23
E-mail: E-mail:
11 N 0.000.0000INFOa6NO0IOQCS
Buyboard 698-23
Warehouse: HOUS
11 Y 2,398.002,398.0000MISCa6NO0IOQD7
ENNLB BOB 48" Dual - Soundoff NXT Light Bar
Warehouse: HOUS
48” nFORCE® nxt LED Lightbar
(ENULB) Clear Lenses with 6 LED Alley,
12 LED Inboards & 24 LED Corners in
Amber, Blue, Green, Red or White
11 Y 899.10899.1000BK2168DUR11a6NO0IOQDN
SMC PB450L 4 LIGHTS SOI MPOWER
Warehouse: HOUS
22 Y 427.70213.8500ENT2B3Ja6NO0IORLX
SOI INTERSECTOR 18-LED UNDER MIRROR LIGHT RED/BLUE
Warehouse: HOUS
UNIVERSAL 180 DEGREE EXTERNAL UNDER-MIRROR OR
SURFACE MOUNT
************************************************************ ************
11 Y 828.10828.1000ENGSA5100CSRa6NO0IOTTC
SOI, BLUEPRINT,500 SERIES, CONTROL SYSTEM
Warehouse: HOUS
bluePRINT® 500 Series Console Control System with Knob Control, 10-16v - 100 watt single-tone
07/06/23
08:51:37 AM
1Page No.
Print Time
Print Date
Printed By: Patrick Hope
Continued on Next Page
a6NO0IOTTC
800-845-0405Telephone:
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
Lancaster CA Lancaster CA
Sales Quote
492514
MISCCustomer No.
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
Payment MethodCustomer PO NumberF.O.B.Ship Via
NET30GROUND SHIPMENT PPAY & ADD TO INVOICE
Entered By Resale Number Ordered BySalesperson
Patrick Hope - HoustonPatrick Hope
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
07/06/23
E-mail: E-mail:
33 Y 204.7568.2500ENGLMVH002a6NO0IOU9E
SOI BLUPRINT MICRO HARNESS FOR DODGE CHARGER 15-22
Warehouse: HOUS
11 Y 256.75256.7500ENGND04101a6NO0IOUQC
Remote Node
Warehouse: HOUS
11 Y 106.60106.6000ENGND20001a6NO0IOV6E
SOI BLUEPRINT 20 INPUT nERGY bluePRINT Input Node
Warehouse: HOUS
11 Y 222.65222.6500C3900Ua6NO0IOVM0
CODE3 100W SPEAKER W UNIV BRKT
Warehouse: HOUS
11 Y 1,213.551,213.5500MISCa6NO0IOVMG
ENFWBRF (12 LED) Rear Facing Interior Bar
Warehouse: HOUS
Soundoff nFORCE® 8 Module Interior Rear Deck
Lightbar, Full 1 Piece Shroud, 12 LEDs –
Dual Color
22 Y 325.00162.5000ENFSWP3Ja6NO0IOVMW
SOI SNGL NFORCE WINDSHIELD PERM MNT 12 LED RED/BLUE
Warehouse: HOUS
RED/BLUE
07/06/23
08:51:37 AM
2Page No.
Print Time
Print Date
Printed By: Patrick Hope
Continued on Next Page
a6NO0IOVMW
800-845-0405Telephone:
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
Lancaster CA Lancaster CA
Sales Quote
492514
MISCCustomer No.
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
Payment MethodCustomer PO NumberF.O.B.Ship Via
NET30GROUND SHIPMENT PPAY & ADD TO INVOICE
Entered By Resale Number Ordered BySalesperson
Patrick Hope - HoustonPatrick Hope
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
07/06/23
E-mail: E-mail:
44 Y 564.20141.0500EMPS2QMS4Ja6NO0IOW0S
SOI MPOWER FASCIA 4"12-LED QUICK MNT RED/BLUE
Warehouse: HOUS
exterior lights beside the rear window & license plate lights 11 Y 1,093.301,093.30007170-0884-05a6NO0IOWGU
GJ 2021 DURANGO CONSOLE KIT
Warehouse: HOUS
7170-0884-05
Kit, 2021 + Dodge Durango Standard Console with Cup Holder, Armrest, and Mongoose 9" XLE
FACEPLA TES:
11 Y 292.50292.50007160-0250a6NO0IOWUQ
GJ NOTEPAD V UNIVERSAL COMPUTER CRADLE
Warehouse: HOUS
WILL ADJUST FOR COMPUTERS WITH THE FOLLOWING:
WIDTH - 10.62 TO 16.5 INCHES
THICKNESS - UP TO 1.50 INCHES
DEPTH - 9.00 TO 12.38 INCHES
*************************************************
REPLACES NP-NOTEPAD4-XL
*************************************************
11 Y 854.10854.1000PK1186DUR11a6NO0IOXBN
SMC #10XL Partition for Dodge Durango
Warehouse: HOUS
07/06/23
08:51:37 AM
3Page No.
Print Time
Print Date
Printed By: Patrick Hope
Continued on Next Page
a6NO0IOXBN
800-845-0405Telephone:
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
Lancaster CA Lancaster CA
Sales Quote
492514
MISCCustomer No.
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
Payment MethodCustomer PO NumberF.O.B.Ship Via
NET30GROUND SHIPMENT PPAY & ADD TO INVOICE
Entered By Resale Number Ordered BySalesperson
Patrick Hope - HoustonPatrick Hope
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
07/06/23
E-mail: E-mail:
11 Y 251.10251.1000WK0514DUR11a6NO0IOXP3
SMC VERTICAL STEEL BAR WINDOW BARRIERS 2011 +
DURANGO
Warehouse: HOUS
VEHICLE YEAR - DURANGO
****************************************
11 Y 1,259.101,259.1000QK0566DUR11a6NO0IOY5L
SMC OEM REPLACEMENT PRISONER SEA T W/12VS-COA TED
POLY
Warehouse: HOUS
2018 DURANGO OEM Full Replacement Transport Seat TPO Plastic, with Center Pull Seat Belts & #12 Coated Polycarbonate Cargo Partition
STA TE YEAR OF VEHICLE -
**************************************************
11 Y 206.10206.1000QK0491DUR11a6NO0IOYNT
SMC *NEW* FLOOR PAN-DURANGO
Warehouse: HOUS
11 Y 32.3932.3900PP9640a6NO0IOZ4R
SMC VDRAIN FOR FLOOR PAN (EACH)
Warehouse: HOUS
07/06/23
08:51:37 AM
4Page No.
Print Time
Print Date
Printed By: Patrick Hope
Continued on Next Page
a6NO0IOZ4R
800-845-0405Telephone:
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
Lancaster CA Lancaster CA
Sales Quote
492514
MISCCustomer No.
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
Payment MethodCustomer PO NumberF.O.B.Ship Via
NET30GROUND SHIPMENT PPAY & ADD TO INVOICE
Entered By Resale Number Ordered BySalesperson
Patrick Hope - HoustonPatrick Hope
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
07/06/23
E-mail: E-mail:
11 Y 314.10314.1000GK20041UHKSSCAXLa6NO0IOZL9
SMC DUAL T-RAIL, UNIVERSAL HEAD, H/C KEY OVERRI
Warehouse: HOUS
DUAL T-RAIL MOUNT WITH SINGLE UNIVERSAL XL LOCKING HEAD
WITH HANDCUFF KEY OVERRIDE
******************************************************
4141 Y 3,280.0080.0000INSTALLa6NO0IP01B
DSS INSTALLA TION OF EQUIPMENT
Warehouse: HOUS
CUSTOMER SUPPLIED RADIO, CAMERA, & COMPUTER
11 Y 225.00225.0000INSTALL KITa6NO0IP01Q
MISC INSTALLA TION SUPPLIES I.E.
Warehouse: HOUS
LOOM, WIRE, HARDW ARE, CONNECTORS, ETC
************************************************
11 N 1,889.001,889.0000TRANSPORTa6NO0IP01R
VEHICLE TRANSPORTA TION BY HIRED DRIVERS
Warehouse: HOUS
From Grapevine to Houston
11 Y 1,773.051,773.0500MISCa6NO0IXC8R
10.25% Taxes
Warehouse: HOUS
07/06/23
08:51:37 AM
5Page No.
Print Time
Print Date
Printed By: Patrick Hope
Continued on Next Page
a6NO0IXC8R
800-845-0405Telephone:
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
Lancaster CA Lancaster CA
Sales Quote
492514
MISCCustomer No.
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
Payment MethodCustomer PO NumberF.O.B.Ship Via
NET30GROUND SHIPMENT PPAY & ADD TO INVOICE
Entered By Resale Number Ordered BySalesperson
Patrick Hope - HoustonPatrick Hope
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
07/06/23
E-mail: E-mail:
Approved By:
Approve All Items & Quantities
Quote Good for 30 Days
07/06/23
08:51:37 AM
1Page No.
Print Time
Print Date
Printed By: Patrick Hope
Order Total
Freight
Subtotal
19,071.14
155.00
18,916.14
a6NO0IXC8R