Agenda packet — Lancaster City Council, October 24, 2023 (part 2 of 2)

07/31/2023

SPECIAL COVENANTS OR REMARKS
07-LA-0-LAN
ATPL-5419(066)

1. A. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.

B. This PROJECT is programmed to receive State funds from the Active Transportation Program (ATP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s).

This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the effective date of the component specific allocation will constitute the start of reimbursable expenditures.

C. STATE and ADMINISTERING AGENCY agree that any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE.

D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof.

Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate.

E. This PROJECT is subject to the timely use of funds provisions enacted by the Active Transportation Program guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below.

Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. 2Page of 4Program Supplement 07--541-A225- SERIAL

SPECIAL COVENANTS OR REMARKS
07-LA-0-LAN
ATPL-5419(066)
Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award.

F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.

G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P), plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment.

H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM and the Active Transportation Program (ATP) Guidelines.

I. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, to be claimed must be allocated in accordance with an Indirect Cost Allocation Plan (ICAP), submitted, reviewed, and approved in accordance with Caltrans Audits and Investigations requirements which may be accessed at: www.dot.ca.gov/hq/audits/.

ADMINISTERING AGENCY agrees to comply with, and require all sub-recipients and project sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, and all applicable Federal and State laws and regulations.

ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and State laws and regulations, shall be used to determine the allowability of individual PROJECT cost items.

Any Fund expenditures for costs for which ADMINISTERING AGENCY has received 3Page of 4Program Supplement 07--541-A225- SERIAL

SPECIAL COVENANTS OR REMARKS
07-LA-0-LAN
ATPL-5419(066)
payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, or 48 CFR, Chapter 1, Part 3, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Funds due STATE within 30 days of demand, or within such other period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third-party source, including, but not limited to, the State Treasurer, the State Controller, and the California Transportation Commission.

J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program guidelines, as adopted or amended.

K. This PROJECT has received funds from Active Transportation Program (ATP). The ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC Adopted SB1 Accountability and Transparency Guidelines.

2. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement. 4Page of 4Program Supplement 07--541-A225- SERIAL
Ms. Marissa Diaz
Director of Public Works
City of Lancaster
44933 Fern Avenue
Lancaster, CA 93534
Dear Ms. Diaz:

Your letter dated April 24, 2023 requested a fund allocation from the Active Transportation Program for the City of Lancaster Rebuild Lancaster's SRTS Education & Encouragement Programs after 2022 update - This NI education/encouragement Project will be implemented throughout the City of Lancaster with a special emphasis on programs at 10 Focus Schools in 3 different school districts. This project is programmed in the Active Transportation Program (ATP), as amended.

The State hereby makes the following allocation on June 29, 2023, effective June 29, 2023.

At their June 29, 2023 meeting, the California Transportation Commission (CTC) allocated funding in the amount(s) shown below.

STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
July 28, 2023
07-LA-0-LAN
ATPL-5419(066)
Adv Id: 0723000210
07-6047PPNO:

Request No: 1

Allocation No. 2023-259 ATP FUND ALLOCATION
17 36
Senate District No.:

Assembly District
Amount
Programmed
Fiscal Year
Programmed
Amount Previously
Allocated
This
Request
Const $796,000 2024 $0 $796,000
Federal Funds
State Funds
$0
$796,000
Total
This allocation makes available $0 of federal funds* and $796,000 of State (or State-only) funds for a total of $796,000.
* A separate request for authorization to proceed (E-76) is required prior to the start of reimbursable work for projects receiving Federal funds.

The effective date of allocation serves as the authorization to proceed and establishes the date for the start of reimbursable work for State-only funded projects.
$796,000$0$796,000
CTC ATP Ltr.

Ms. Marissa Diaz
July 28, 2023

Page 2 ends

ATPL-5419(066)
For This Allocation:

Funds allocated for project E & P are available for expenditure until: Not Applicable.

Funds allocated for project PS & E are available for expenditure until: Not Applicable.

Funds allocated for project RW are available for expenditure until: Not Applicable.

Funds allocated for construction -- Agency has 6 month(s) after the date of allocation to award a contract.

Your attention is directed to the Local Assistance Procedures Manual, LPPs and the current CTC guidelines for detailed instructions and information.

This allocation is not a commitment on the part of the State to make reimbursements until an Administering Agency - State Agreement (Master Agreement), if necessary, and a project specific program supplement are executed between the Agency and the State.

The project's award information should be submitted to the District Local Assistance Engineer (DLAE) immediately after award of the construction contract. A copy of the project's award package also needs to be included with the submittal of the Administering Agency's first invoice to the Local Programs Accounting Branch. Please refer to Local Programs Procedures (LPP) LPP 01-06 for guidance regarding the contents of the project award package.

The Commission may grant a one-time extension to each of the deadlines specified above if it finds that an unforeseen and extraordinary circumstance beyond the control of the responsible agency has occurred that justifies the extension. Please refer to the Local Assistance website at https://dot.ca.gov/programs/local-assistance for additional guidance.

After award of the contract, the Agency has up to 36 months to complete the construction or vehicle purchase contract.

Sincerely,
ROBERT NGUYEN , Chief (Acting)
Division of Local Assistance
c: MTA
Attachment: CTC Vote Box
Office of Project Management Oversight - South
CTC ATP Ltr.

For
Ms. Marissa Diaz
July 28, 2023

Page 3 ends

ATPL-5419(066)
bc: LPA
DLA AE Project Files
District - (07) DLAE - Steve Novotny
CTC ATP Ltr.

CTC MEETING ACTION TAKEN REPORT / REVISED ESTIMATED TIMED AGENDA June 28-29, 2023

Office of CTC Liaison Page 55 of 92 As of July 10, 2023 Division of Financial Programming
Note: This document was prepared by the Department, following the California Transportation Commission meeting, and is a reflection of the Department's interpretation of actions taken by the Commission

Advance – Multi-Funded ATP/STIP Allocation
Tab Item Description Ref# Presenter Status Type* Agency* 143 Request of $150,000 for the locally-
administered multi-funded ATP/STIP Turtle
Bay to Downtown Gap Completion Project,
off the State Highway System, in Shasta
County, programmed in Fiscal Year 2023-24.
(PPNO 2588A and 2588)
Resolution FATP-2223-34
Resolution FP-22-107
(June 2023 CTC Meeting-Day 2 – 03:14:33)

2.5w.(7) Beverley Newman-
Burckhard
Dee Lam
Approved. A D
Advance – ATP Allocations
Tab Item Description Ref# Presenter Status Type* Agency* 144 Request of $5,010,000 for seven locally-
administered ATP projects, off the State
Highway System, programmed in Fiscal Year
2023-24.

Resolution FATP-2223-33
(June 2023 CTC Meeting-Day 2 – 03:14:33)

2.5w.(2) Beverley Newman-
Burckhard
Dee Lam
Approved. A D
145 Request of $233,000 for the locally-
administered ATP SR 49 Gold Rush Multi-
Use Path Phase 1 project, on the State
Highway System, in Tuolumne County,
programmed in Fiscal Year 2023-24.
(PPNO 3569)
Resolution FATP-2223-36
(Revision in the Book Item Attachment for
Project 1.)
(June 2023 CTC Meeting-Day 2 – 03:14:33)

2.5w.(6) Beverley Newman-
Burckhard
Dee Lam
Approved. A D

Amount by
Fund Type
CTC Financial Vote List June 28-29, 2023
Project #
Allocation Amount
Recipient

RTPA/CTC
District-County
Project Title
Location
Project Description
PPNO
Program/Year
Phase
Prgm'd Amount
Project ID
Budget Year
Item #
Fund Type
Program Code

2.5w.(2) Locally-Administered ATP Projects Off the State Highway System (Advancements FY 2023-24)

2.5 Highway Financial Matters
Resolution FATP-2223-33
Safe Routes for Watsonville School Families and
Community - Non-Infrastructure Program. Provide a
variety of SRTS programs to students and families as well as community active transportation programs utilizing traffic gardens and temporary demonstration projects.

Small Urban and Rural
Outcome/Outputs:

Development of 3 traffic gardens and use of 2-3 temporary demonstration projects combined with 166 multi-generational SRTS and community programming will provide traffic safety experience and skills to pedestrians and bicyclists in the Watsonville area.

CEQA - NOE, 05/19/2023
As part of the allocation request, the local agency is
requesting to extend the completion of construction an
additional 12 months beyond the 36-month Timely Use of
Funds deadline.
05-3129
ATP/23-24
CONST
$1,881,000
0523000085
S
2021-22
102-0001 GF $1,881,000

20.30.720.100
$1,881,000
Santa Cruz County
Health Services
Agency
SCCRTC
05-Santa Cruz
5 La Vina Community Mobility and Safety Enhancements
Project. In Madera County, unincorporated community of La Vina at the Avenue 9 and Road 24 intersection, proceeding west along both sides of Avenue 9 to Road 23 1/2.

Statewide
Outcome/Outputs:

Install 5,104 feet of Class II bike lanes, 5,104 feet sidewalk, 3,665 feet curb & gutter, 3 ADA ramps, 2 lighted crosswalks, 2 signals, 2 crossing lights and 10 streetlights.
06-8017
ATP/23-24
PA&ED
$25,000
0623000205
S
2021-22
102-0001 GF $25,000

20.30.720.100
$25,000
Madera County
MCTC
06-Madera
6 Lancaster Safe Routes to School Master Plan - Refresh, Rebuild, Recruit, Sustain - Non-Infrastructure Program.

Rebuild Lancaster's SRTS Education & Encouragement
Programs after 2022 update; Recruit & train parent volunteers at 10 Focus Schools; conduct school-based and community- wide events.

Statewide
Outcome/Outputs:

Conduct 60 safety education/encouragement events, ongoing programs, bike/walk clubs at 10 focus schools; 12 community events; recruit, train parent volunteers; create Lancaster Bike/Ped Coalition to advocate for active transportation policies, programs, and projects.

CEQA - CE, 04/24/2023
07-6047
ATP/23-24
CONST
$796,000
0723000210
S
2021-22
102-0001 GF $796,000

20.30.720.100
$796,000
City of Lancaster
LACMTA
07-Los Angeles
7

Page 3 ends

STAFF REPORT
City of Lancaster
PH 1
10/24/2023
JC
Date: October 24, 2023
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Stephen Carrillo, Senior Engineer – PW City Engineering Subject: Vacation of a Portion of the Public Road Easement as Dedicated within Block 2 as shown on the Map Filed in Book 5, Pages 470-471 of Miscellaneous Records Recommendation:

Adopt Resolution No. , ordering the vacation of a portion of the Public Road Easement as dedicated on the Map Filled in Book 5, pages 470 to 471 of Miscellaneous Records, located within block 2 on the north side of Milling Street between Beech Avenue and Sierra Highway, in the City of Lancaster.

Fiscal Impact:

None.

Background:

Said Public Road Easement is classified as street alley which was dedicated to the City in 1884. Vacating a portion of this street alley is intended as part of the proposed improvements recommended for the City’s Public Safety building.

There are existing utilities within the proposed vacation area. These utilities include Southern California Edison, Southern California Gas Company, Charter Communication and City Sewer. On September 5, 2023, City sent notifications to provide opportunity to all utility agencies that wish to reserve easements for any existing or planned utilities within the proposed area to be vacated. City received confirmations from various utility agencies wishing to reserve easements on the proposed vacation area. These agencies include but not limited to Verizon, Charter Communications, and others.

On October 10, 2023, the City adopted Resolution No. , declaring its intention to vacate the subject road easement and set October 24, 2023, as the date of the Public Hearing to receive testimony relative to the proposed vacation.
1 4
0 6
The Public Hearing will be held for the City Council to determine if there are any public objections to the City vacating a portion of the said road easement.

SC:EW/km
Attachments:

Resolution No.

Exhibit A: Legal Description
Exhibit B: Vacation of Easement
RESOLUTION NO. 23-60

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LANCASTER, CALIFORNIA, ORDERING THE VACATION OF

A PORTION OF THE PUBLIC ROAD EASEMENT AS
DEDICATED ON THE MAP FILED IN BOOK 5, PAGES 470-471

OF MISCELLANEOUS RECORDS, LOCATED WITHIN
BLOCK 2 ON THE NORTH SIDE OF MILLING STREET

BETWEEN BEECH AVENUE AND SIERRA HIGHWAY, IN

THE CITY OF LANCASTER
WHEREAS, the City of Lancaster is holder of road easement rights dedicated on the map of Miscellaneous Records, filed in Book 5, pages 470-471 and recorded on February 16, 1884, in the office of the recorder of the County of Los Angeles, State of California; and WHEREAS, the City intends to utilize a portion of the public road easement to be vacated for private usage and other related purposes; and
WHEREAS, the existing road easement is no longer needed.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Lancaster, State of California, that:

Section 1. The Resolution of Intention, Resolution No. , in the matter of vacation of the above described easement in the City of Lancaster was adopted by the City Council of the City of Lancaster on October 10, 2023, at which said Resolution has established the time and place for the public hearing on said vacation of easements.

Section 2. Due notices of said hearing have been published and posted as required by law.

Section 3. All protests in this matter have been duly considered.

Section 4. That the City Council finds, from all the evidence submitted, that an easement as described in its Resolution of Intention, Resolution No. , is unnecessary for present or prospective road and other incidental purposes.

Section 5. The City Council does hereby order the vacation of the certain road easement to the owner of record as described and depicted in Exhibits A and B.

Section 6. The City Clerk is hereby ordered to cause a certified copy of this resolution attested to by the City Clerk under the seal of the City, to be recorded in the office of the County recorder of Los Angeles County.

Section 7. The City Clerk is hereby ordered to cause a certified copy of this resolution attested to by the City Clerk under the seal of the City, to be mailed to the following agencies:

Los Angeles County Tax Assessor's Office
Resolution No.

Page 2 ends

3 7
6 9
PASSED, APPROVED, and ADOPTED this day of , , by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ ______________________________ Andrea Alexander R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

CITY OF LANCASTER )

CERTIFICATION OF RESOLUTION

CITY COUNCIL
I, __________________________, ___________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Resolution No. 23-60, for which the original is on file in my office.

WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, ________.
(seal)
_____________________________

E,XHIBIT IIAII

LEGAL DE,SCRIPTON
A PORT/ON OF THAT CERTA.N 20 FOOT WDE ALLEY LOCATED WTH\N BLOCK 2, /N THE ClTY OF LANCASTER, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOt/vN ON THE MAP OF THE TOWN OF LANCASTER F/LED lN BOOK 5, PAGES 470 AND 47/ OF MlSCELLANEOUS RECORDS, lN THE OFF\CE OF THE COUNTY RECORDER OF SA/D COUNTY. SA.D PORT|ON DESCR|BED AS FOLLOWS..

BEG.NN.NG AT THE SOUTHWEST CORNER OF LOT / lN SA\D BLOCK 2,. THENCE NORTHERLY ALONG THE EASTERLY LlNE OF SA|D ALLEY ALSO BE\NG THE W|STERLY LlNES OF LOTS / THROUGH 4 lN SA|D BLOCK 2, A DlSTANCE OF 207.50 FEET; THENCE LEAWNG SA|D EASTERLY LINE, I,YESTERLY AT R/GHT ANGLES THERETO, A DlSTANCE OF 2O.OO FEET TO THE WESTERLY LlNE OF SA/D ALLE\ ALSO BE|NG THE EASTERLY L/NES OF LOTS /7 THROUGH 20 lN SAID BLOCK 2,' THENCE SOUTHERLY ALONG LAST MENNONED WESTERLY LlNE A DlSTANCE OF 207.50 FEET TO THE SOUTH EAST CORNER OF SA/D LOT 20; THENCE EASTERLY A D/STANCE OF 20.00 FEET TO THE PO.NT OF BEGINNING.
})NTA.N/NG 4,150 SQUARE FEET; MORE OR LESS.

EXH.BIT B lS ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF.

UF- (prn- a/)'ft,rva
W. R. GORMAN, LS 8767

C/TY OF LANCASTER
DATE
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CITY OF LANCASTER
TITLE:

VACATION OF

EASEMENT - ALLEY

CITY OF LANCASTER
44933 N. FERN AVENUE
LANCASTER, CA 93534
APN: 3134-013-910

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CITY OF LANCASTER
TITLE:

VACATION OF

EASEMENT - ALLE,Y

CITY OF LANCASTER
44933 N. FERN AVENUE
LANCASTER, CA 93534
APN: 3134-013-910
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SHEET2OF2SHEETS

STAFF REPORT
City of Lancaster
NB 1
10/24/2023
JC
Date:October 24, 2023
To: Mayor Parris and City Council Members
From:Larissa De La Cruz, Director- Community Development Patti Garibay, Assistant Director - Community Development Subject:Approval of the expansion of the Power Choice Solar and Battery Program Recommendations:

1. Approve the expansion of the Lancaster Power Choice program to include Commercial and Industrial customers.

2. Authorize the City Manager, or his designees, to negotiate and execute program contracts and policies on behalf of the City with concurrence from the City Attorney.

Fiscal Impact:

Lancaster will, in connection with the required development services, be paid $0.40 per watt for each solar system that is installed. Additionally, the City will receive a program support service fee of $0.02 per kilowatt hour generated and $15 per month for each powerwall installed over the life of the program.

Background:

Under the leadership of Mayor R. Rex Parris and the City Council, the City of Lancaster in partnership with Participate Energy and the California Choice Energy Authority (CalChoice), launched the Power Choice Solar and Battery Residential Program in the first quarter of 2023.

The Power Choice program was designed to simplify the residential solar adoption process by removing financial barriers to getting solar on a homeowner’s rooftop. Through the program, customers pay Lancaster Energy $0.145 per kWh and $115 for a battery each month. There are no long-term contracts for the customer and no upfront payments are required to participate. The program has become a model for other CalChoice member cities that are in the process of approving and or deploying the program, including the cities of Rancho Mirage, San Jacinto, Pico Rivera, Pomona, Palmdale, and the Town of Apple Valley.

Due to the success of the Power Choice program, City staff, CalChoice and Participate Energy are seeking the City Council’s approval to develop a similar model that will remove the financial barriers to deploying solar for commercial and industrial customers. The Commercial/Industrial 1 4
1 1
component of the Power Choice program will be set up similarly to the residential program and offer customers a flat rate based on their energy tier and a flat rate for one battery plus a fixed cost for any additional batteries that are required for their site.

Staff will work with CalChoice to develop a program selection criterion as well as a policy that ensures that customers who sign up for the program will have energy savings and benefit from the resiliency offered through the Program from day one. In addition, a rebate program will be developed, which provides customers with a cash incentive paid out over the first five years of participation in the program.

The City will earn revenues in two forms through the Commercial/Industrial expansion of the program. First, is a $0.40 per watt up-front fee for each system developed and deployed through the program. The City will also receive a program support service fee of $0.02 per kilowatt hour generated and $15.00 per month for each powerwall installed. Revenues collected by the program will be used to create a program liability account as well as provide a rebate program.

Commercial and Industrial customers who participate in the program will enjoy a host of benefits. These include easy access to solar financing and installation, comprehensive integration with their existing Community Choice Aggregation (CCA) service, access to backup power in the event of an emergency or Public Safety Power Shutoff, and, of course, substantial savings on their electric bills. In addition, a significant portion of their expenditures will remain local and be reinvested in our community.

PG/hb

STAFF REPORT
City of Lancaster
NB 2
10/24/2023
JC
Date:October 24, 2023
To: Mayor Parris and City Council Members
From:Allison E. Burns, City Attorney
Larissa De La Cruz, Director- Community Development
Chris Roberts, Assistant Director - Public Safety
Subject:Amendment to Chapter 5.04 of the Lancaster Municipal Code relating to Sidewalk Vendors
Recommendation:

Introduce Ordinance No. XXX, amending Chapter 5.04, Article V of the Lancaster Municipal Code concerning the regulation of sidewalk vendors.

Fiscal Impact:

The business license application fee is intended to reimburse the City for its actual costs in reviewing and issuing licenses.

Background:

California Senate Bill 946 (SB 946) was signed into law in 2018 and establishes protections for sidewalk vending activities. While municipalities may adopt regulations pertaining to sidewalk vending, such regulations must be consistent with SB 946.

Further, SB 946 prohibits punishment for street vending-related violations unless it is through a civil fine, requires the City to assess a vendor’s ability to pay the civil fine and, where necessary, cut the amount of the fine and/or offer community service in lieu of paying the fine.

Ordinance 1080: On February 23, 2021, in accordance with SB 946, Ordinance 1080 was adopted that included a new Article V to Chapter 5.04 of the Lancaster Municipal Code, the general business licensing chapter. Article V sets forth the information and documentation required to obtain a City business license to conduct sidewalk vending operations and establishes reasonable operating and locational regulations intended to protect to health, safety and welfare. Ordinance 1080 is attached as Attachment A.

Update to Existing Ordinance 1080
1 4
1 5
Since the adoption of Ordinance 1080, sidewalk vending has grown in popularity in recent years with the protections that are now in place under State law. While SB 946 regulates sidewalk vending, municipalities may adopt their own regulations to address local issues provided such requirements are not more restrictive than allowed under State law.

In addition to SB 946, Senate Bill 947 which took effect January 1, 2023, completely decriminalizes sidewalk food vending, creating a new regulatory framework and attempts to facilitate greater access for food vendors to get the required County and City approvals for food vending permits from Los Angeles County. Additionally, sidewalk food vendors are now considered compact mobile food operations (CMFO) and include push carts, stands, pedal carts, and wagons. This does not include temporary “pop-up” restaurants with preparation and stationary tables with an overhead canopy. Some CMFO’s do not need a health permit if they are selling pre- packaged food or foods that are non-perishable. Furthermore, some vendors can now prepare certain foods at their cart when approved by the health department; this includes reheating of previously cooked food and slicing of fruit on carts.

Previously, criminal enforcement of sidewalk food vending was permissible to address illegal vendor operations that were out of compliance and creating a health and safety nuisance. Now, violations are no longer misdemeanor or infraction offenses and are only subject to administrative citations.

In an effort to address nuisance operations and maintain a business-friendly approach for vendors complying with the law, staff has collaborated with community stakeholders, including vendors and their legal representatives, to identify updates to the City’s laws and regulations related to vendor operations. Through this collaboration, staff has updated the City's sidewalk vendor ordinance to reflect a more flexible and mutually beneficial set of regulations that would offer sidewalk vendors an opportunity to operate in the City safely and successfully. The revisions to the ordinance are shown in Attachment B and C to this staff report.

City staff believes that the regulations set forth in Articles V will allow sidewalk vendors to engage in meaningful commercial activity in the City while protecting public health, safety and welfare.

LD/hb
Attachments:

A: Ordinance No. 1080
B. Ordinance - with redlines
C: Final Draft Ordinance
ORDINANCE NO. 1080

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LANCASTER AMENDING CHAPTER 5.04 OF THE

LANCASTER MUNICIPAL CODE BY ADDING ARTICLES V

AND VI, CONCERNING THE REGULATION OF SIDEWALK

VENDORS AND FOOD TRUCK OPERATORS
WHEREAS, Senate Bill No. 946 (“SB 946”) became effective on January 1, 2019, and provides that cities may not regulate sidewalk vending except in accordance with its provisions which are codified in Government Code sections 51036 through 51039; and

WHEREAS, among other things , SB 946 provides that a local authority that elects to adopt a sidewalk vending program cannot require, among other things, a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns, and cannot restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified in state law; and

WHEREAS, SB 946 prohibits punishment for street vending-related violations unless it is through a civil fine; and

WHEREAS, SB 946 recognizes, however, that “California has an interest in the regulation of traffic ... whether in ensuring the appropriate flow of traffic or in ensuring the safety of pedestrians on the road or the sidewalk,” and acknowledges that there are regulations that are directly related to objective health, safety, or welfare concerns the city may adopt, which include, but are not limited to, regulations concerning hours of operation, sanitation, sidewalk access, health and vendor permits, compliance with other generally applicable laws, registration requirements, and interference with other special events or permitted activities; and

WHEREAS, SB 946 only applies to sidewalk vending in public rights -of-way, therefore private rights-of-way and property are still subject to private and local control; and

WHEREAS, the City Council desires to exercise its authority under SB 946 to establish a Sidewalk Vendor Permitting and Regulatory Program for the City of Lancaster (the “City”). The provisions of this Chapter allow the City to encourage small business activities by removing total prohibitions on Sidewalk Vending and providing regulation and enforcement of unpermitted Sidewalk Vending Activities to respond to the objective needs and circumstances of the City and protect the health, safety and welfare of the Sidewalk Vendors themselves, as well as the general public; and

WHEREAS, the City Council expressly finds that regulating food trucks is also necessary in order to protect public health, safety, and welfare, while accommodating commercial uses that generally promote an active and social pedestrian environment with appropriate areas of the City of the Lancaster; and

WHEREAS, adopting an ordinance will provide clarity regarding time, place and manner regulations to ensure public access and safety within the community.

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2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES ORDAIN AS FOLLOWS:

Section 1. Article V of Chapter 5.04 (“Sidewalk Vendors”) is hereby added to the Lancaster Municipal Code to read as set forth in Exhibit “A” attached hereto and incorporated herein by reference. The City Council expressly finds that the operation and location limitations set forth in Article V of Chapter 5.04 are necessary to protect public health, safety and welfare.

Section 2. Article VI of Chapter 5.04 (“Food Truck Operators”) is hereby added to the Lancaster Municipal Code to read as set forth in Exhibit “ B” attached hereto and incorporated herein by reference.

Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

The City Council of the City of Lancaster hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact t hat any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.

Section 4. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage.

I, Andrea Alexander , City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the 23 rd day of February,
2021, and placed upon its second reading and adopted at a regular meeting of the City Council on the 9th day of March, 2021 by the vote:

AYES: Dorris, Malhi, Mann, Crist, Parris

NOES: None

ABSENT: None

ABSTAIN: None

ATTEST: APPROVED:

ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
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3 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

CITY OF LANCASTER )

CERTIFICATION OF ORDINANCE

CITY COUNCIL

I, __________________________, ____________________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Ordinance No. 1080, for which the original is on file in my office.

WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, ________.

DocuSign Envelope ID: 98DD5ADE-E3C5-41AF-B4AC-2CF611FCB42E EXHIBIT “A”
ORDINANCE NO. 1080
LMC CHAPTER 5.04 ARTICLE VI

FOOD TRUCK OPERATORS
Sections:

5.04.600 Purpose

5.04.610 Definitions.

5.04.620 License Required.

5.04.630 Issuance of License.

5.04.640 County Health Permit Requirement.

5.04.650 Term and Renewal.

5.04.660 Permit Nontransferable.

5.04.670 Exceptions.

5.04.680 Operating Conditions.

5.04.690 Revocation of License.

5.04.700 Appeal Procedures.

5.04.710 Nuisance.

5.04.720 Penalties.

5.04.730 Administrative Citations.

5.04.740 Remedies Not Exclusive.

5.04.750 Severability.

5.04.600 Purpose
A. The City Council hereby finds that, to promote the health, safety and welfare, restrictions on Food Truck Activity are necessary in part to:

1. Ensure no interference with the performance of public safety officers including, police, firefighter, lifeguard, security and emergency medical personnel services.

2. Ensure no interference with pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles.

3. Ensure no interference with barriers (bollards, vehicles, cement or water) designed to stop vehicles and prevent injury to people.

4. Provide reasonable access for Food Truck Activities in portions of the City while preserving the use and maintenance of Public Rights-of-Way, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, public DocuSign Envelope ID: 98DD5ADE-E3C5-41AF-B4AC-2CF611FCB42E 2 1
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8 benches and/ or planters, as well as access to locations used for public transportation services.

5. Reduce exposure to the City for personal injury or property damage claims and litigation.

6. Ensure the safe sale of Food and Merchandise in the Public Right-of-Way by providing the public a simple way to ensure Food Truck Operators prepare Food safely and according to Los Angeles Department of Public Health requirements.

7. Prevent unsanitary conditions and ensure trash and debris in the areas vending is taking place are removed by Food Truck Operators.

8. Ensure that visibility, sight lines, and accessibility for vehicular and pedestrian traffic on Sidewalks and other Public-Rights-of-Way are protected while accommodating Food Truck equipment.

9. Protect the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the Sidewalk, by persons exiting or entering parked or standing vehicles.

10. Ensure reasonable access for the use and maintenance of Sidewalks, Pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, public benches and/ or planters, as well as access to locations used for public transportation services.

11. Mitigate the impacts of Food Truck Activity and protect the unique characteristics of the City.

B. The City Council hereby finds that the unique characteristics of the City require certain restrictions on Food Truck Activities as follows:

1. The City Council finds that Food Truck Operators in the City seek and do draw patrons to their Food and Merchandise. This can create serious safety problems by impacting the ability of pedestrians to move safely on Sidewalks and through crosswalks and impeding the response time of safety personnel, particularly in City Parks and in residential areas.

Food Truck Operators can also impact access to and egress from businesses. This chapter imposes reasonable time, place, and manner restrictions on Food Truck Operators to the extent necessary to ensure the safety of Food Truck Operators, their patrons, and the general public and to prevent unreasonable interference with residents' enjoyment of peace and quiet in the City;
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8 2. The City's parks provide passive and active recreational opportunities; restrictions on Food Truck Activity are necessary to protect the health, safety and welfare of those persons engaged in, and the spectators of, active sports activities, the recreational opportunities, as well as protect the scenic and natural character of these parks;

3. The City seeks to preserve the peace and quiet of the Residential Zones of the City, by prohibiting commercial activities such as Food Truck Activity;

4. Many of the Sidewalks and Pathways in the City are less than six (6) feet wide, and have a high volume of pedestrians traveling in each direction. Food Truck Activity in these areas would unreasonably interfere with the flow of pedestrians and disrupt access for persons with disabilities.

5.04.610 Definitions.

A. “Building” means a structure of a permanent nature located or constructed on a parcel of land, and shall include but not be restricted to, dwelling, hotel, apartment house, apartment, court, rooming house, boarding home for the aged, motel, cottage, house trailer, commercial establishment, store, office, plant, factory, warehouse and similar buildings.

B. “Business License” means a City of Lancaster business license C. “Certified Farmers’ Market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that Chapter.

D. “City” means the City of Lancaster.

E. “City Council” means the city council of the City of Lancaster.

F. “Employ” means retain, hire or engage.

G. “Fire Station” means any facility where fire engines and other equipment of the Los Angeles County Department are housed within the City.

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8 H. “Food” means any item provided in Health and Safety Code Section 113781, or any successor section.

I. “Food Truck” or “Truck” means any vehicle or trailer, as those terms are defined in the California Vehicle Code, which is equipped or used for retail sales of produce and/or prepared, pre-packaged or unprepared, unpackaged food or foodstuffs of any kind on any public street, alley or highway or private street or alley within the City. The inventory of these vehicles is not necessarily limited to edible items and may include nonfood sundries.

J. “Food Truck Activities” or “Food Truck Activity” means actions that qualify a person as a Mobile Food Truck Operator or actions done in anticipation of becoming a Food Truck Operator such as, but not limited to, placement, or maintenance of any Food Truck.

K. “Food Truck Operator” or "Operator" means any entity and all person(s) that:
a. Owns, controls, manages, and/or leases a Food Truck ; and/or b. Contracts with any person(s) to drive, operate, prepare food in, and/or vend from, a Food Truck; and/or
c. Drive, operate, Vend and/or prepare food in or from a Food Truck.

L. “Immediate Vicinity” means the streets abutting an activity or event (and any contiguous parking areas), the sidewalks on either side of such streets, as well as any open or unoccupied space between the activity or event and the abutting streets and sidewalks.

M. “Park” means a public park owned or operated by the City.

N. “Parkway(s)” means that portion of a public street which is not improved for actual street, curb, gutter, or sidewalk use, and which is available for planting, landscaping, and/or maintaining street trees.

O. “Pathway” means a paved path or walkway owned by the City or other public entity that is specifically designed for pedestrian travel, other than a sidewalk.

P. “Public Property” means any real property owned, leased, operated, or controlled by the City of Lancaster other than a street alley, parkway, sidewalk or other area dedicated, identified or used as a Public Right-of-Way.

Q. “Public Right-of-Way” means any public street, road, avenue, highway, named or unnamed alley, lane, court, place, trail, parkway, sidewalk or other public way, operated and/or controlled by the City or other public entity, or subject to an easement owned by or dedicated or granted to City. For purposes of this Article, Public Right-of-Way does not include parking lots owned, operated and/or controlled by the City or other public entity.

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8 R. “Residential” means any area zoned or used exclusively as residential in the City.

S. “Sidewalk” means any portion of a highway, other than the street or roadway, set apart by curbs, barriers, markings or other delineation specifically designed for pedestrian travel and that is owned by the City or other public entity, excluding any Parkway.

T. “Special Event” means a City-sponsored or City-permitted event including, but not limited to, carnivals, sporting events, fairs, art shows, and/or cultural events.

U. “Swap Meet” means a location operated in accordance with Article 6 commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that chapter, or any successor chapter.

V. “Vend” or “Vending” shall mean any act of soliciting, displaying, offering for sale for monetary consideration, or sale, of any goods or merchandise to the public; offering produce, prepared Food, prepackaged Food or nonfood sundries of any kind for sale from a Food Truck on a Public Right-of-Way and/or private property and includes the movement or parking of a Food Truck for the purpose of searching for, obtaining or soliciting retail sales of produce, prepared Food, prepackaged Food or nonfood sundries.

5.04.620 License Required.

A. No person shall own, control, operate, manage, lease, or contract with any other person for the operation of a Food Truck in the City without a business license. It is unlawful for any person to operate a Food Truck or allow Food Truck Activities in the City without having a current and valid business license obtained from the City. A copy of the business license shall be displayed in conspicuous view on each Food Truck at all times business is conducted.

B. Every Food Truck shall have the name, address, and telephone number of the holder of the Business License permanently affixed on both the left and right sides of the Food Truck.

Such information shall be in letters and numerals not less than four inches in height and shall be in contrast to the color of the background upon which the letters are placed.

C. A written application for a business license shall be filed with the city manager, or the city manager’s designee, on a form provided by the City and shall contain the following information:

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8 a. The name, address, and telephone number of the person applying to become a Food Truck Operator;
b. If the Operator is an agent of an individual, company, partnership, or corporation, the name and business address, phone number, and email address of the principal of such entity; and
c. The name, address, and telephone number of the Operator who will be in charge of any Food Truck Activity and/or be responsible for the person(s) working at any Food Truck;
d. The name, address, and telephone number of all persons that will be employed as Food Truck Operators;
e. The number of Trucks the Food Truck Operator will operate within the City under the business license;
f. The location(s) in the City where the Food Truck Operator intends to operate; g. The day(s) and hours of operation the Food Truck Operator intends to operate at such location(s);
h. Copies of valid driver’s licenses for all individuals who will be driving the Food Truck(s);
i. A description of the type of Food(s) to be sold from a Food Truck, whether such Food(s) is prepared on site, whether such Food will require a heating element inside or on the Food Truck for Food preparation, and the type of heating element if any; j. A copy of the County health permit for each Food Truck; k. The address of the approved commissary where the Food Truck is stored overnight, and a copy of the lease or other documentation establishing storage at the commissary is authorized;
l. Proof that the Food Truck Operator possesses a valid California Department of Tax and Fee Administration seller's permit which notes the City as a location or sublocation, which shall be maintained for the duration of the Operator’s business license; m. An acknowledgement that the Food Truck Operator will obtain and maintain throughout the duration of any permit issued under this chapter public liability insurance and property damage insurance, including general commercial liability coverage in an amount not less than $1,000,000;
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8 n. An acknowledgement that use of Public Property is at the Food Truck Operator’s own risk, and the City does not take any steps to ensure Public Property is safe or conducive to the Food Truck Activities;
o. An acknowledgment that the Food Truck Operator will comply with all other applicable local, state, and federal laws;
p. A certification that under penalty of perjury, to the applicant’s knowledge and belief, the information contained within the application is true and correct; q. A list of all other cities or other jurisdictions in which the Food Truck Operator has operated a Food Truck within the past 12 months, whether a permit was required to operate, and, if so, whether the permit has been revoked in the past 12 months; and r. Any other relevant information required by the city manager, or the city manager’s designee.

D. Such application shall be accompanied by the nonrefundable business license application fee as established by resolution of the City Council.

5.04.630 Issuance of License.

A. Within sixty (60) calendar days of receiving a complete application, the city manager, or the city manager’s designee may issue a business license to a Food Truck Operator if he or she finds, based on all of the relevant information, that:

1. The conduct of such Food Truck Activity will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare or encourage loitering;

2. The conduct of such Food Truck Activity will not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to Public Property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the Food Truck Operator;

3. The conduct of such Food Truck Activity will not constitute a fire hazard; DocuSign Envelope ID: 98DD5ADE-E3C5-41AF-B4AC-2CF611FCB42E 8 1
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8 4. The conduct of such Food Truck Activity will not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the City;

5. The Food Truck Operator has paid any/all administrative fines associated with a previous violation of this chapter;

6. The Food Truck Operator has not had a previous business license for Food Truck Activity revoked by the City within the past five years;

7. The application for a Food Truck Operator contains all required information and the Food Truck Operator has not made a materially false, misleading or fraudulent statement of fact to the City in the application process;

8. The Food Truck Operator has satisfied all the requirement of this chapter;

9. The Food Truck Operator has paid the Business License fee;

10. The Food Truck Operator’s Truck and proposed activities conform to the requirements of this chapter;

11. The Food Truck Operator has provided adequate insurance to protect the City from liability associated with Sidewalk Vendor Activities, as determined by the city manager or the city manager’s designee;

12. The Food Truck Operator has not had an individual or business permit or license with any agency, board, city, county, territory, or state denied, revoked, restricted, or suspended within the last five years; and

13. The Food Truck Operator has not been subject to an injunction for nuisance, as defined by State or local laws, within the last five years.

5.04.640 County Health Permit Requirement.

It is unlawful for any person to operate a Food Truck in the City without a current and valid permit, certificate, or other authorization as required by the County of Los Angeles Department of Environmental Health. A copy of said health permit shall be kept in the Food Truck at all times and displayed in conspicuous view upon each Food Truck.

5.04.650 Term and Renewal.

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8 All business licenses for Food Truck Operators issued under this chapter shall expire within a year from the date of issuance, unless earlier revoked in accordance with the provisions of this chapter.

The procedures for license renewal as set forth in Article I of this Chapter are applicable to licenses for Food Truck Operators.

5.04.660 License Nontransferable.

Business licenses for Food Truck Operators are non-transferable. Any change in ownership or operation of a Food Truck requires a new business license as set forth in this Article.

5.04.670 Exceptions.

No person shall conduct Food Truck Activities within the City without first obtaining a business license issued pursuant to the requirements set forth in this Article VI from the City, except under the following conditions:

A. A general business license issued pursuant to the requirements set forth in Article I of this Chapter shall be required when the Food Truck Activity is associated with the operation of a City-permitted Special Event, subject to the conditions thereof.

B. A general business license issued pursuant to the requirements set forth in Article I of this Chapter shall be required when the Food Truck Activity is limited to a single Truck on private property with the written authorization of the property owner or lawful lessee/tenant, operating solely for private purposes and when all of the following provisions are met:
a. The Truck is parked entirely on paved portions of private property. b. Service is limited to the guests of the property owner or lawful lessee/tenant only.

5.04.680 Operating Conditions.

All Operators shall comply with the following regulations:

A. The Food Truck shall be in full compliance with all parking and Vehicle Code provisions which apply to the location at which it is parked from time to time, including the maximum allowed parking time limit for the parking space(s) occupied.

B. No additional lighting other than that required by the California Vehicle Code may be installed or operated on a Food Truck. No Food Truck that is stopped, parked or standing on any Public DocuSign Envelope ID: 98DD5ADE-E3C5-41AF-B4AC-2CF611FCB42E 10 1
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8 Right-of-Way shall display flashing neon or electronic display signs or visual displays that are intended to, or do in fact, distract drivers and draw attention to the Food Truck.

C. No Food Truck Operator shall operate any sound amplification systems or other sound making devices or music systems to advertise, draw attention to, or announce the presence of any such vehicle while such vehicle is moving, stopped, standing, or parked upon any Public Right-of- Way or private street.

D. No Food Truck shall operate before 7:00 a.m. or after 10:00 p.m., including set-up and cleanup, except for private catering functions on private property or Special Events.

E. Food Trucks may only operate on a Public Right-of-Way while parked in a legal parking space.

F. Food Trucks may only operate on Private Property with the written authorization of the property owner or lawful lessee/tenant, and all Food Truck Activity must be conducted entirely on paved portions of the premises.

G. No Food Truck may operate on the same block for longer than sixty (60) minutes. The sixty minute time period is cumulative for all time that the Food Truck is operating on the same block in each 24-hour period, and does not start over by moving the Food Truck to another parking space on the same block or closing the sales window between sales. The sixty minute limit does not include set-up or clean-up time, provided that the Food Truck is not Vending or not ready to serve customers during set-up or clean-up.

H. No Operator shall operate within one block of a school, Park, community center or public playground facility; provided, however, that operation at or near a City Park is permissible when it has been approved by the City in conjunction with a Special Event.

I. No Operator shall permit the Food Truck to Vend within one hundred (100) feet of a marked or unmarked crosswalk.

J. Food Trucks shall be parked directly adjacent to a paved sidewalk, free and clear for pedestrian passage. Food service shall be limited solely to that side of the Food Truck facing the adjacent sidewalk. No Food Truck may dispense food street side. Under no circumstances may vending occur from the left side of a Food Truck. Notwithstanding the above provisions, no person shall Vend to any customer whose location creates a traffic hazard.

K. No Food Truck shall be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon any private street or Public Right-of-Way. Vending shall only be permitted where the Food Truck has been brought to a complete stop and parked adjacent to the curb in a lawful manner.

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8 L. All Food Trucks shall be equipped with conspicuous refuse containers clearly marked with a sign requesting their use by patrons. The refuse containers must be large enough to contain all trash and refuse generated by the operation of the Food Truck. The Operator of the Food Truck shall pick up all trash and refuse generated by the Operator's Vending during the time the Food Truck is stopped, that is within no less than a one hundred (100) foot radius of the Food Truck vehicle, before such Food Truck is moved. The Food Truck shall take all bags with them when vacating an area. Trash is to include all materials originally dispensed from the Food Truck as well as any other items left by patrons, such as cigarette butts.

M. Restocking of a Food Truck is prohibited while the Food Truck is on any private street or alley or Public Right-of-Way.

N. No Food Truck shall attach to or receive any electrical power or other utilities from any public or private property while the Food Truck is located on any private street or alley or Public Right-of-Way.

O. Vending is prohibited from a Food Truck that is parked, stopped, or standing on any Public Right-of-Way where the posted speed limit on the public street, alley, or highway is forty miles per hour or greater.

P. No Food Truck shall operate in such a way so as to cause an unacceptable reduction in sight distance for any cross street, crosswalk, driveway or any other similar location where traffic, be it vehicular, pedestrian or bicycle, can be expected to enter the roadway.

Q. No Operator of a Food Truck shall permit objects, including but not limited to tables, chairs, or other furniture, trash receptacles, generators or equipment, to be placed into that portion of the street, alley or highway which is open to vehicular traffic, nor shall any object, including but not limited to tables, chairs, other furniture, trash receptacles, generators or equipment, be placed within or upon the parkway or sidewalk.

R. The Food Truck operations shall not obstruct pedestrian or vehicular traffic.

S. The Food Truck shall not encroach onto a public sidewalk with any part of the vehicle or any other equipment or furniture related to the operation of its business, except for required refuse and recycling receptacles, provided they maintain a clear four-foot pedestrian walkway.

T. The Food Truck shall be operated within 200 feet travel distance of an approved and readily available toilet and handwashing facility, or as otherwise approved by the city manager, or the city manager’s designee, to ensure that restroom facilities are available to facility employees whenever the Food Truck is stopped to conduct business for more than a one-hour period. (Cal Health and Safety Code - HSC § 114315).

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8 U. In conformance with the California Retail Food Code, Food Trucks shall be stored at or within an approved commissary in order to have protection from unsanitary conditions. Food Trucks shall not be stored overnight outside of an approved commissary.

5.04.690 Revocation of License.

Any Food Truck Operator license may be revoked by the city manager, or the city manager’s designee for good cause shown including but not necessarily limited to any of the following reasons:

A. Citation for Operator’s third or subsequent violation of the requirements set forth in this chapter.

B. Falsification of any information supplied by the Food Truck Operator upon which issuance of the license was based.

C. Failure of the Food Truck Operator, or any employees or subcontractors of the Operator, to comply with the regulations set forth in this chapter.

D. Conviction of a violation, or plea of guilty or nolo contendere, by the Food Truck Operator, or any employee, subcontractor or independent contractor of the permittee, of any Federal or State law, or municipal ordinance while in the course of conducting Food Truck Activity pursuant to the City business license.

E. Conviction of a violation, or a plea of guilty or nolo contendere, by the Food Truck Operator of any applicable provision or requirement of this Section.

F. Conviction of, or a plea of guilty or nolo contendere, by the Food Truck Operator of any misdemeanor, or conspiracy to commit, or attempt to commit, the same, which is a crime of moral turpitude or a crime that is violent or sexual in nature, as defined by state and/or local law.

G. No Food Truck Operator whose license is revoked shall be eligible to apply for a new license for a period of one year following such revocation.

H. In the event of a Food Truck Operator who owns more than one Truck, the revocation shall apply to the license for each Truck.

5.04.700 Appeal Procedures.

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8 A. Any Food Truck Operator applicant or permittee who is aggrieved by any decision of the city manager regarding the issuance, conditioning, denial, suspension or revocation of a business license may contest the decision in accordance with the procedures set forth in Article I of this Chapter.

B. An appellant who is aggrieved by the hearing officer's decision may appeal to the city council following the uniform appeal procedures as outlined in Chapter 2.44. All inquiries regarding appeals shall be directed to the city clerk's office. Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to further contest the decision; in this event, the hearing officer's decision is final and binding.

5.04.710 Nuisance.

The city council finds and declares that Food Truck Activity conducted in violation of the provisions of this Article constitutes a public nuisance subject to abatement.

5.04.720 Penalties.

A. Any person who violates any provision of this chapter, or who fails to comply with any obligation or requirement of this chapter, is guilty of a misdemeanor unless the offense is charged as an infraction by a prosecuting attorney.

B. Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this chapter, or of any law or regulation referenced on this chapter, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.

5.04.730 Administrative citations.

Any person violating provisions of this code may be issued an administrative citation by an enforcement officer as provided in chapter 1.16 of this Code.

5.04.740 Remedies not exclusive.

Any administrative citation pursuant to this Article shall not prejudice or adversely affect any other civil, administrative or criminal action that may be brought to abate a nuisance Food DocuSign Envelope ID: 98DD5ADE-E3C5-41AF-B4AC-2CF611FCB42E 14 1
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8 Truck or to seek compensation for damages suffered. A civil or criminal action may be brought concurrently with any other process regarding the same violation.

5.04.750 Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this Article is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, and each section, subsection, paragraph, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, clauses or portions be declared invalid or unconstitutional.

DocuSign Envelope ID: 98DD5ADE-E3C5-41AF-B4AC-2CF611FCB42E EXHIBIT “A”
ORDINANCE NO. 1080
LMC CHAPTER 5.04 ARTICLE V

SIDEWALK VENDORS
Sections:

5.04.400 Purpose.

5.04.410 Definitions.

5.04.420 License Required.

5.04.430 Issuance of License.

5.04.440 Health Permit Requirement.

5.04.450 Term and Renewal.

5.04.460 Permit Nontransferable.

5.04.470 Exceptions.

5.04.480 Operating Conditions.

5.04.490 Prohibited Activities and Locations.

5.04.500 Revocation of Permit.

5.04.510 Appeal Procedures.

5.04.520 Penalties.

5.04.530 Ability to-Pay Determinations.

5.04.540 Nuisance.

5.04.550 Severability.

5.04.400 Purpose
A. The City Council hereby finds that, to promote the health, safety and welfare, restrictions on Sidewalk Vending Activity are necessary in part to:

1. Ensure no interference with the performance of public safety officers including, police, firefighter, lifeguard, security and emergency medical personnel services.

3. Ensure no interference with barriers (bollards, vehicles, cement or water) designed to stop vehicles and prevent injury to people.

4. Provide reasonable access for Sidewalk Vending Activities in portions of the City while preserving the use and maintenance of Public Rights-of-Way, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, public DocuSign Envelope ID: 98DD5ADE-E3C5-41AF-B4AC-2CF611FCB42E 2 1
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7 benches and/ or planters, as well as access to locations used for public transportation services.

5. Reduce exposure to the City for personal injury or property damage claims and litigation.

6. Ensure the safe sale of Food and Merchandise on Sidewalks, by providing the public a simple way to ensure Sidewalk Vendors prepare Food safely and according to Los Angeles Department of Public Health requirements.

7. Prevent unsanitary conditions and ensure trash and debris in the areas vending is taking place are removed by Sidewalk Vendors.

8. Ensure that visibility, sight lines, and accessibility for vehicular and pedestrian traffic on Sidewalks and other Public-Rights-of-Way are protected while accommodating Sidewalk Vendor equipment.

11. Mitigate the impacts of Sidewalk Vending Activity and protect the unique characteristics of the City.

B. The City Council hereby finds that the unique characteristics of the City require certain restrictions on Sidewalk Vending Activities as follows:

1. The City Council finds that Sidewalk Vendors in the City seek and do draw patrons to their Food and Merchandise. This can create serious safety problems by impacting the ability of pedestrians to move safely on Sidewalks and through crosswalks and impeding the response time of safety personnel, particularly in City Parks and in residential areas.

Sidewalk Vendors can also impact access to and egress from businesses. This chapter imposes reasonable time, place, and manner restrictions on Sidewalk Vendors to the extent necessary to ensure the safety of Sidewalk Vendors, their patrons, and the general public and to prevent unreasonable interference with residents' enjoyment of peace and quiet in the City;
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7 2. The City's parks provide passive and active recreational opportunities; restrictions on Sidewalk Vending Activity are necessary to protect the health, safety and welfare of those persons engaged in, and the spectators of, active sports activities, the recreational opportunities, as well as protect the scenic and natural character of these parks;

3. The City seeks to preserve the peace and quiet of the Residential Zones of the City, by prohibiting commercial activities such as Sidewalk Vending Activity;

4. Many of the Sidewalks and Pathways in the City are less than eight (8) feet wide, and have a high volume of pedestrians traveling in each direction. Sidewalk Vending Activity in these areas would unreasonably interfere with the flow of pedestrians and disrupt access for persons with disabilities.

5.04.410 Definitions.

B. “Business License” means a City of Lancaster business license C. “Cart” means a push cart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for Sidewalk Vendor Activity.

D. “Certified Farmers’ Market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that Chapter.

E. “City” means the City of Lancaster.

F. “City Council” means the city council of the City of Lancaster.

G. “Employ” means retain, hire or engage.

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7 H. “Fire Station” means any facility where fire engines and other equipment of the Los Angeles County Department are housed within the City.

I. “Food” means any item provided in Health and Safety Code Section 113781, or any successor section.

J. “Immediate Vicinity” means the streets abutting an activity or event (and any contiguous parking areas), the sidewalks on either side of such streets, as well as any open or unoccupied space between the activity or event and the abutting streets and sidewalks.

K. “Merchandise” means any tangible personal property that can be sold and immediately obtained from a Sidewalk Vendor, excluding Food. Items for rent shall not be considered Merchandise. Merchandise excludes any service. Tangible personal property that is given to persons who sign up for a service or in exchange for a signature and/or other personal identifying information, does not constitute “merchandise” for purposes of this Article.

Tangible personal property that is ordered for future delivery does not constitute “merchandise” for purposes of this Article.

L. “Park” means a public park owned or operated by the City.

M. “Parkway(s)” means that portion of a public street which is not improved for actual street, curb, gutter, or sidewalk use, and which is available for planting, landscaping, and/or maintaining street trees.

N. “Pathway” means a paved path or walkway owned by the City or other public entity that is specifically designed for pedestrian travel, other than a sidewalk.

O. “Public Property” means any real property owned, leased, operated, or controlled by the City of Lancaster other than a street alley, parkway, sidewalk or other area dedicated, identified or used as a Public Right-of-Way.

P. “Public Right-of-Way” means any public street, road, avenue, highway, named or unnamed alley, lane, court, place, trail, parkway, sidewalk or other public way, operated and/or controlled by the City or other public entity, or subject to an easement owned by or dedicated or granted to City.

Q. “Residential” means any area zoned or used exclusively as residential in the City.

R. “Sidewalk” means any portion of a highway, other than the street or roadway, set apart by curbs, barriers, markings or other delineation specifically designed for pedestrian travel and that is owned by the City or other public entity, excluding any Parkway.

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7 S. “Sidewalk Vendor” or “Vendor” means a person who sells Food or Merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon a public Sidewalk or other Pathway. A person who takes or solicits orders for merchandise for future delivery does not constitute a Sidewalk Vendor for purposes of this Article. A person who gives tangible personal property in exchange for a signature and/or other personal identifying information or in exchange for registering for a service does not constitute a Sidewalk Vendor for purposes of this Article.

A sidewalk vendor may be any of:
a. “Roaming Sidewalk Vendor,” which means a Sidewalk Vendor who moves from place to place and stops only to complete a transaction; or b. “Stationary Sidewalk Vendor,” which means a Sidewalk Vendor who utilizes a singular sidewalk location and does not move from place to place T. “Sidewalk Vendor Activities” or “Sidewalk Vending Activity” means actions that qualify a person as a Sidewalk Vendor or actions done in anticipation of becoming a Sidewalk Vendor such as, but not limited to, placement, or maintenance of any Cart.

A. “Special Event” means a City permitted event including, but not limited to, carnivals, sporting events, fairs, art shows, and/or cultural events.

B. “Swap Meet” means a location operated in accordance with Article 6 commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that chapter, or any successor chapter.

C. “Vend” or “Vending” shall mean any act of soliciting, displaying, offering for sale for monetary consideration, or sale, of any goods or merchandise to the public; offering produce, prepared Food, prepackaged Food or nonfood sundries of any kind for sale from a Sidewalk Vendor on a Sidewalk and/or private property and includes the movement or standing of a Sidewalk Vendor for the purpose of searching for, obtaining or soliciting retail sales of produce, prepared Food, prepackaged Food or nonfood sundries.

5.04.420 License Required.

A. No person shall own, control, operate, manage, lease, or contract with any other person for the operation of a Cart in the City without a business license. It is unlawful for any person to operate a Cart in the City without having a current and valid business license obtained DocuSign Envelope ID: 98DD5ADE-E3C5-41AF-B4AC-2CF611FCB42E 6 1
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7 from the City. A copy of the business license shall be displayed in conspicuous view on each Cart at all times business is conducted.

B. Every Cart shall have the name, address, and telephone number of the holder of the Business License permanently affixed on both the left and right sides of the Cart. Such information shall be in letters and numerals not less than four inches in height and shall be in contrast to the color of the background upon which the letters are placed.

C. A written application for a business license shall be filed with the city manager, or the city manager’s designee, on a form provided by the City and shall contain the following information:
a. The name, address, and telephone number of the person applying to become a Sidewalk Vendor;
b. If the Operator or Vendor is an agent of an individual, company, partnership, or corporation, the name and business address, phone number, and email address of the principal of such entity; and
c. The name, address, and telephone number of the Operator or Vendor who will be in charge of any Sidewalk Vending Activity and/or be responsible for the person(s) working at any Cart;
d. The name, address, and telephone number of all persons that will be employed as Sidewalk Vendors;
e. The number of Carts the Sidewalk Vendor will operate within the City under the business license;
f. The location(s) in the City where the Sidewalk Vendor intends to operate; g. The day(s) and hours of operation the Sidewalk Vendor intends to operate at such location(s);
h. A description of the type of Food(s) to be sold from a Sidewalk Vendor selling Food, whether such Food(s) is prepared on site, whether such Food will require a heating element inside or on the Cart for Food preparation, and the type of heating element if any;
i. A copy of the County health permit for each Sidewalk Vendor selling Food by this chapter;
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7 j. Whether the Sidewalk Vendor intends to operate as a Stationary Sidewalk Vendor or a Roaming Sidewalk Vendor and, if roaming, the intended path of travel; k. The dimensions of the Sidewalk Vendor's Cart(s), including a picture of each Cart operating under the Sidewalk Vendor Permit and any signs that will be affixed thereto; l. Whether the Sidewalk Vendor will be selling Food, Merchandise, or both. If the Sidewalk Vendor is selling Merchandise, a description of the Merchandise to be sold; m. To ensure the safety of residents and the merchantability of products sold by Operators without a fixed place of business, prior to the issuance of a business license, the applicant shall cause to be filed with the City a LiveScan background check conducted by the California Department of Justice within the three months preceding the application date. The City shall furnish each applicant with a LiveScan request form for use at any LiveScan vendor location.
n. Proof that the Sidewalk Vendor possesses a valid California Department of Tax and Fee Administration seller's permit which notes the City as a location or sublocation, which shall be maintained for the duration of the Sidewalk Vendor's Permit; o. An acknowledgement that the Sidewalk Vendor will obtain and maintain throughout the duration of any permit issued under this chapter public liability insurance and property damage insurance, including general commercial liability coverage in an amount not less than $1,000,000;
p. An acknowledgement that use of Public Property is at the Sidewalk Vendor's own risk, and the City does not take any steps to ensure Public Property is safe or conducive to the Sidewalk Vending Activities;
q. An acknowledgment that the Sidewalk Vendor will comply with all other applicable local, state, and federal laws;
r. A certification that under penalty of perjury, to the applicant’s knowledge and belief, the information contained within the application is true and correct; s. A list of all other cities or other jurisdictions in which the Sidewalk Vendor has operated a Cart within the past 12 months, whether a permit was required to operate, and, if so, whether the permit has been revoked in the past 12 months; and t. Any other relevant information required by the city manager, or the city manager’s designee.

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7 D. Such application shall be accompanied by the nonrefundable business license application fee as established by resolution of the City Council.

5.04.430 Issuance of License.

A. Within sixty (60) calendar days of receiving a complete application, the city manager, or the city manager’s designee may issue a business license to a Sidewalk Vendor if he or she finds, based on all of the relevant information, that:

1. The conduct of such Sidewalk Vending Activity will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare or encourage loitering;

2. The conduct of such Sidewalk Vending Activity will not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to Public Property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the Sidewalk Vendor;

3. The conduct of such Sidewalk Vending Activity will not constitute a fire hazard;

4. The conduct of such Sidewalk Vending Activity will not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the City;

5. The Sidewalk Vendor has paid all previous administrative fines, completed all community service, and completed any other alternative disposition associated in any way with a previous violation of this chapter;

6. The Sidewalk Vendor has not had a previous business license for Sidewalk Vendor Activity revoked by the City within the past five years;

7. The application for a Sidewalk Vendor contains all required information and the Sidewalk Vendor has not made a materially false, misleading or fraudulent statement of fact to the City in the application process;

8. The Sidewalk Vendor has satisfied all the requirement of this chapter;

9. The Sidewalk Vendor has paid the Business License fee; DocuSign Envelope ID: 98DD5ADE-E3C5-41AF-B4AC-2CF611FCB42E 9 1
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7 10. The Sidewalk Vendor's Cart and proposed activities conform to the requirements of this chapter;

11. The Sidewalk Vendor has provided adequate insurance to protect the City from liability associated with Sidewalk Vendor Activities, as determined by the city manager or the city manager’s designee;

12. The Sidewalk Vendor has not been convicted of, or committed, any offense that is directly related to Sidewalk Vendor Activities, within the last five years;

13. The Sidewalk Vendor has not had an individual or business permit or license with any agency, board, city, county, territory, or state denied, revoked, restricted, or suspended within the last two years; and

14. The Sidewalk Vendor has not been subject to an injunction for nuisance, as defined by State or local laws, within the last five years.

5.04.440 County Health Permit Requirement.

It is unlawful for any person to operate a Cart that sells food in the City without a current and valid permit, certificate, or other authorization as required by the County of Los Angeles Department of Environmental Health. A copy of said health permit shall be kept in the Cart at all times and displayed in conspicuous view upon each Cart.

5.04.450 Term and Renewal.

All business licenses for Sidewalk Vendors issued under this chapter shall expire within a year from the date of issuance, unless earlier revoked in accordance with the provisions of this chapter.

The procedures for license renewal as set forth in Article I of this Chapter are applicable to licenses for Sidewalk Vendors.

5.04.460 License Nontransferable.

Business licenses for Sidewalk Vendors are non-transferable. Any change in ownership or operation of a Cart requires a new business license as set forth in this Article.

5.04.470 Exceptions.

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7 No person shall conduct Sidewalk Vending Activities within the City without first obtaining a business license issued pursuant to the requirements set forth in this Article V from the City, except under the following conditions:

A. A general business license issued pursuant to the requirements set forth in Article I of this Chapter shall be required when the Sidewalk Vending Activity is associated with the operation of a City-permitted Special Event, subject to the conditions thereof.

B. A general business license issued pursuant to the requirements set forth in Article I of this Chapter shall be required when the Sidewalk Vending Activity is limited to a Cart on private property with the written authorization of the property owner or lawful lessee/tenant, operating solely for private purposes and when all of the following provisions are met:
a. All Sidewalk Vendor Activity is conducted entirely on paved portions of the premises.
b. Service is limited to the guests of the property owner or lawful lessee/tenant only.

5.04.480 Operating Conditions.

Every Sidewalk Vendor is subject to the following operating conditions when conducting Sidewalk Vendor Activities:

A. No Sidewalk Vendor shall conduct Sidewalk Vendor Activities anywhere in the City between the hours of 9:00 p.m. and 7:00 a.m. daily, with the exception of private events.

B. All Food and Merchandise shall be stored either inside or affixed to the Cart or carried by the Sidewalk Vendor. Food and Merchandise shall not be stored, placed, or kept on any Public Property. If affixed to the Cart, the overall space taken up by the Cart shall not exceed the size limitations provided in this section.

C. Carts and any attachments thereto shall not exceed a total height of four (4) feet, a total width of four (4) feet, and a total length of four (4) feet.

D. To maintain accessibility standards for the City's disabled residents, every Sidewalk Vendor operating on any Sidewalk must ensure that no obstruction is placed in or on the Sidewalk that would reduce the width of the Sidewalk to fewer than forty-eight (48) inches, exclusive of the top of the curb. No obstruction shall be located in a Sidewalk less than six (6) feet in width when the Sidewalk is adjacent to the curb.

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7 E. Sidewalk Vendors shall locate their Cart and/or their person in a manner that maintains a minimum four (4) foot clear accessible path for pedestrian ingress and egress free from obstructions, including Cart and customer queuing area.

F. All signage and advertising related in any way to the Sidewalk Vendor shall be attached to the Cart or the Sidewalk Vendor’s person.

G. Sidewalk Vendors shall not use any electrical, flashing, wind powered, or animated sign.

H. Carts shall not be stored on Public Property and shall be removed when not in active use by a Sidewalk Vendor.

I. Sidewalk Vendors shall not leave their Carts unattended.

J. No Cart shall contain or use propane, natural gas, batteries, or other explosive or hazardous materials.

K. Sidewalk Vendors that sell Food shall maintain a trash container in or on their Cart and shall not empty their trash into public trashcans. The size of the Sidewalk Vendor’s trash container is included towards the total size limit of a Cart.

L. Sidewalk Vendors shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation. Sidewalk Vendors shall immediately clean up any Food, grease or other fluid or item related to Sidewalk Vendor Activities that falls on Public Property.

M. No Sidewalk Vendor shall discharge liquid upon any public street, Sidewalk or premises in the City.

N. Sidewalk Vendors shall not block an entrance into a Building, structure or facility, or obstruct any door or window.

O. Stationary Sidewalk Vendors shall not cause, allow, or maintain the placement of tables, chairs, shade structures, tents, umbrellas, other furniture, rugs, towels, fabric of any kind in public spaces or in any portion of the Public Right-of-way.

P. Sidewalk Vendors shall not store or leave unattended Vending equipment or receptacles in public spaces or in any portion of the Public Right-of-way.

Q. Sidewalk Vendors shall comply with the noise standards set forth in this Code.

5.04.490 Prohibited Activities and Locations.

A. Sidewalk Vendors shall comply with all Federal, State and local laws and regulations.

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7 B. Carts shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trash cans or traffic barriers.

C. Sidewalk Vendors shall not engage in any of the following activities:

1. Conducting Sidewalk Vending Activity on unpaved portions of property;

2. Conducting Sidewalk Vending Activity on privately-owned property without the written authorization of the property owner or lawful lessee/tenant and all activity must be conducted entirely on paved portions of the premises;

3. Renting Merchandise to customers;

4. Displaying Merchandise or Food that is not available for immediate sale; a. Selling of live animals, alcohol, marijuana, adult oriented material, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or marijuana;

5. Selling Food or Merchandise to any person fifteen years of age or younger without one or both of their parents or legal guardians present;

6. Using an open flame on or within any Cart;

7. Using an electrical outlet or power source that is owned by the City or another person other than the Sidewalk Vendor;

8. Providing or selling any service to any person;

9. Continuing to offer Food or Merchandise for sale, following, or accompanying any person who has been offered Food or Merchandise after the person has declined the offer to purchase Food or Merchandise;

10. Knowingly making false statements or misrepresentations during the course of offering Food or Merchandise for sale;

11. Blocking or impeding the path of person(s) being offered Food or Merchandise to purchase;

12. Making any statement, gesture, or other communication which a reasonable person in the situation of the person(s) being offered Food or Merchandise to purchase would perceive to be a threat and which has a reasonable likelihood to produce in the person(s) a fear that the threat will be carried out;

13. Touching the person(s) being offered Food or Merchandise without that person(s) consent.

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7 14. Advertising any product or service that is not related to the Food or Merchandise being offered for immediate sale;

15. Using any horns, music, lights, visual media, or sound amplifying device unless expressly approved in the license;

16. Placing a Cart outside of any Pathway or Sidewalk when engaging in Sidewalk Vending Activities;

17. Physically altering or otherwise damaging the Sidewalk;

18. Fastening or affixing any item, including but not limited to, tape, strap, chain, tie, band, or rope, to any Public Property, with the exception of tape used for social distance markers;

19. Providing or selling any service to any person; or

20. Placing of any type of fencing or other divider around the vending area.

D. All Sidewalk Vendor Activities shall comply with the Americans with Disabilities Act, as the same may be amended from time to time, as well as with the Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way.

E. Sidewalk Vendors shall not engage in Sidewalk Vending Activities at the following locations:

1. Any Residential zone in the City:
a. Stationary Sidewalk Vendors shall not operate on Sidewalks or Pathways directly adjacent to or within Residential areas or in any Park for which the City has entered an exclusive concessionaire agreement

2. Upon or within any roadway, median strip, or in areas that separate opposing lanes of traffic on divided roadways.

3. Lancaster City Hall or the Lancaster Performing Arts Center, which require unimpeded pedestrian ingress and egress to ensure public safety.

4. Vending in Parks:
a. Sidewalk Vendors are prohibited from Vending in a Park owned or operated by the City where the operator of the Park has signed an agreement for concessions that exclusively permits the sale of Food or Merchandise by the concessionaire.

Such restriction, if imposed, shall be set forth as a condition of approval of the Sidewalk Vendor Permit and identify the restricted Park(s). b. Sidewalk Vendors are prohibited from Vending in a Park owned or operated by the City in a manner that impedes the public’s use and enjoyment of natural DocuSign Envelope ID: 98DD5ADE-E3C5-41AF-B4AC-2CF611FCB42E 14 1
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7 resources and recreational opportunities, or that causes an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the Park. Such restriction, if imposed, shall be set forth as a condition of approval of the Sidewalk Vendor Permit and identify the restricted Park(s). c. Sidewalk Vendors shall not Vend in the following locations within a Park:
i. Within fifty (50) feet of any field or court that is primarily designed for use in a sporting activity (including, but not limited to, baseball field, softball field, basketball court, tennis court, soccer field, volleyball court, and handball court), while said area is in use;
ii. Within fifty (50) feet of any playground, pool, or exercise area while said area is in use.

5. Jane Reynolds Park. Sidewalk Vendors shall not conduct Sidewalk Vending Activities at Jane Reynolds Park. Jane Reynolds Park provides for a high volume of pedestrians, bicyclists, and skaters to travel in each direction. Restrictions on Sidewalk Vending are necessary to protect the public from injury given the park’s popularity as a tourist destination.

6. Lancaster Boulevard. Sidewalk Vendors shall not conduct Sidewalk Vendor Activities on Lancaster Boulevard. Lancaster Boulevard is a heavily crowded area. Permitting any Sidewalk Vendor Activity would result in an undue concentration of commercial activity at Lancaster Boulevard that unreasonably interferes with traffic, existing business, and pedestrian ingress and egress.

7. Within Immediate Vicinity of:
a. A Certified Farmers’ Market or certified Swap Meet during the hours of its operation; or
b. An area designated for a Special Event permit for the limited duration of the permitted event;

8. Within one (1) block of:
a. Public or private school, a place of worship, or a child day-care facility between 8 a.m. to 5 p.m. on days in which school is open.

9. Within two-hundred (200) feet of:
a. A Police Station, Fire Station, or hospital.

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7 10. Within one-hundred (100) feet of:
a. Any police officer, firefighter, lifeguard or emergency medical personnel who are actively performing their duties or providing services to the public; b. Another Sidewalk Vendor;
c. The intersection of a cross-walk and a Sidewalk;
d. Any public picnic area, playground area or playground equipment; e. Any public community center, athletic field, softball/baseball diamond, basketball court, handball court, pickleball court, tennis court, soccer field, or volleyball court.

11. Within twenty-five (25) feet of:
a. A fire hydrant;
b. A curb which has been designated as a white, yellow, blue, or red zone, or a bus zone;
c. An automated teller machine;
d. A transit shelter;
e. A bus stop; and/or
f. A restroom or similar public use item.

12. Within fifteen (15) feet of:
a. Any street corner or marked pedestrian crosswalk;
b. The outer edge of any entrance to any business, including, but not limited to, doors, display windows, vestibules, and driveways during the hours that any business on the premises is open to the public or to persons having or conducting lawful business within those premises.
c. The outer edge of any area permitted for Sidewalk or outdoor dining including, but not limited to, Sidewalk or outdoor dining entries and exits during the hours the business is open to the public; and
d. Any driveway or alley approach.

13. Within five (5) feet of:
a. Any area improved with lawn, flowers, shrubs or trees; and b. Any traffic signal controller, traffic signal pole, power pole, street light pole, general utility pole, above ground cabinet, general utility facility, manhole, DocuSign Envelope ID: 98DD5ADE-E3C5-41AF-B4AC-2CF611FCB42E 16 1
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7 parking meter, regulatory and directional signs, street furniture, or street art sculptures.

The city manager or the city manager’s designee may adopt administrative regulations imposing additional requirements consistent with this chapter and all other applicable laws in order to regulate the time, place, and manner of Vending.

5.04.500 Revocation of License.

Any Sidewalk Vendor Permit may be revoked by the city manager, or the city manager’s designee for good cause shown including but not necessarily limited to any of the following reasons:

A. Citation for Vendor’s third or subsequent violation of the requirements set forth in this chapter.

B. Falsification of any information supplied by the Sidewalk Vendor upon which issuance of the license was based.

C. Failure of the Sidewalk Vendor, or any employees or subcontractors of the Operator or Vendor, to comply with the regulations set forth in this chapter.

D. Conviction of a violation, or plea of guilty or nolo contendere, by the Sidewalk Vendor, or any employee, subcontractor or independent contractor of the permittee, of any Federal or State law, or municipal ordinance while in the course of conducting Sidewalk Vendor Activity pursuant to the City business license.

E. Conviction of a violation, or a plea of guilty or nolo contendere, by the Sidewalk Vendor of any applicable provision or requirement of this Section.

F. Conviction of, or a plea of guilty or nolo contendere, by the Sidewalk Vendor of any misdemeanor, or conspiracy to commit, or attempt to commit, the same, which is a crime of moral turpitude or a crime that is violent or sexual in nature, as defined by state and/or local law.

G. No Sidewalk Vendor whose license is revoked shall be eligible to apply for a new license for a period of one year following such revocation.

H. In the event of a Sidewalk Vendor who owns more than one Cart, the revocation shall apply to the license for each Truck or Cart.

5.04.510 Appeal Procedures.

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7 A. Any Sidewalk Vendor applicant or permittee who is aggrieved by any decision of the city manager regarding the issuance, conditioning, denial, suspension or revocation of a business license may contest the decision in accordance with the procedures set forth in Article I of this Chapter.

5.04.520 Penalties.

Violations of this chapter shall not be prosecuted as infractions or misdemeanors and shall only be punished by the following administrative citation and revocation structure:

1. Except as otherwise provided in this chapter, any violation of this chapter shall be assessed administrative fines in the following amounts:
a) An administrative fine not exceeding one hundred dollars ($100) for a first violation.
b) An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation.
c) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.

2. If a Sidewalk Vendor violates any portion of this chapter and cannot present the citing officer with a proof of a valid City business license, the Sidewalk Vendor shall be assessed administrative fines in the following amounts in lieu of the administrative fines set forth in paragraph (1):
a) An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.
b) An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.

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7 c) An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation.

3. Upon proof of a valid City business license issued by the local authority, the administrative fines set forth in paragraph (2) shall be reduced to the administrative fines set forth in paragraph (1), respectively.

4. The city manager, or the city manager’s designee may rescind a Sidewalk Vendor’s business license for the term of that license upon the fourth violation or subsequent violations.

5.04.530 Ability to-Pay Determinations.

A. When assessing an administrative fine under this chapter, the City will take into consideration a Sidewalk Vendor’s ability to pay the fine.

1. Any fine issued under this Section will be accompanied by a notice of and instruction regarding a person’s right to request an ability-to-pay determination.

2. An Operator or Vendor may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a collection program.

B. If an Operator or Vendor is receiving public benefits under Government Code section 68632 (a), or has a monthly income which is 125 percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the Operator or Vendor’s administrative fine is limited to twenty (20) percent of the amount assessed. The City may also take the following actions:

1. Allow the Operator or Vendor to complete community service in lieu of paying all or part of the administrative fine; or

2. Waive the administrative fine; or

3. Offer an alternative disposition.

5.04.540 Nuisance.

The city council finds and declares that Sidewalk Vendor Activity conducted in violation of the provisions of this Article constitutes a public nuisance subject to abatement.

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7 5.04.550 Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, and each section, subsection, paragraph, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, clauses or portions be declared invalid or unconstitutional.

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EXHIBIT “A” ORDINANCE NO. 1080Article V. - Sidewalk Vendors

LMC CHAPTER 5.04 ARTICLE V SIDEWALK VENDORS Sections:

5.04.400 Purpose.

5.04.410 Definitions.

5.04.420 License Required.

5.04.430 Issuance of License.

5.04.440 Health Permit Requirement.

5.04.450 Term and Renewal.

5.04.460 Permit Nontransferable.

5.04.470 Exceptions.

5.04.480 Operating Conditions.

5.04.490 Prohibited Activities and Locations.

5.04.500 Revocation of Permit.

5.04.510 Appeal Procedures.

5.04.520 Penalties.

5.04.530 Ability to-Pay Determinations.

5.04.540 Nuisance.

5.04.550 Severability.

5.04.400 - Purpose.

A. The City Councilcity council hereby finds that, to promote the health, safety and welfare, restrictions on Sidewalk Vending Activitysidewalk vending activity are necessary in part to:

1. Ensure no interference with the performance of public safety office rs including, police, firefighter, lifegua rd, security and emergency medical personnel services.

2. Ensure no interference with pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of busi ness, or from th e street to the sidewalk, by persons exit ing or entering parked or standing vehicles.

3. Ensure no interfere nce with barriers (bollards, vehicles, cement or water) designed to stop vehicles and preven t injury to people.

4. Provide reasonab le access for Sidewalk Vending Activitiessidewalk vending activities in portions of the Citycity while preserving the use and maintenance of Public Rightspublic rights-of-Wayway, poles, posts, traffic sign s or signals, hydrants, rest rooms, trash receptacles, firefighting apparatu s, mailboxes, public
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benches and/ or planters , as well as access to locations used for public transportation services.

5. Reduce exposure to the Citycity for personal injury or pr operty damage claims and litigation.

6. Ensure the safe sale of Foodfood and Merchandisemerchandise on Sidewalkssidewalks, by providing the public a simple way to ensure Sidewalk Vendorssidewalk vendors prepare Foodfood safely and accordi ng to Los Angeles Depa rtment of Public He alth requirements.

7. Prevent unsanitary cond itions and ensure trash and debris in the areas ve nding is taking place are removed by Sidewalk Vendorssidewalk vendors .

8. Ensure that visibility, sight li nes, and accessibility for vehicular and pedestrian traffic on Sidewalkssidewalks and other Public-Rightspublic-rights-of-Wayway are protected while accommodating Sidewalk Vendorsidewalk vendor equipment.

9. Protect the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the Sidewalksidewalk, by persons exiting or entering parked or standing vehicles.

10. Ensure reasonable access for the use and maintenance of Sidewalks, Pathwayssidewalks, pathways, poles, posts, traffic signs or signals, hydrants, rest rooms, trash receptacles, firefighting apparatus, ma ilboxes, public benches and/ or plante rs, as well as acce ss to locations used for public transp ortation services.

11. Mitigate the impacts of Sidewalk Vending Activitysidewalk vending activity and protect the unique characteristics of the Citycity.

B. The City Councilcity council hereby finds that the uniq ue characteristics of the Citycity require certain re strictions on Sidewalk Vending Activities sidewalk vending activities as follows:

1. The City Council city council finds that Sidewalk Vendors sidewalk vendors in the Citycity seek and do draw patrons to their Foodfood and Merchandisemerchandise. This can create serious safety problems by impacting the ability of pedestrians to move safely on Sidewalkssidewalks and through crosswalks and impeding the response time of safety personnel, particularly in City Parkscity parks and in residential areas. Sidewalk Vendorsvendors can also impact access to and egress from businesses. This ch apter imposes reasonabl e time, place, and manner restrictions on Sidewalk Vendorssidewalk vendors to the extent necessary to ensure the safety of Sidewalk Vendors sidewalk vendors , their patrons, and the general public and to prevent unreasonable interference with reside nts' enjoyment of pe ace and quiet in the Citycity;

2. The Citycity's parks provide passive and active recreational opport unities; restrictions on Sidewalk Vending Activitysidewalk vending activity are necessary to protect the health, safety and welfare of those persons en gaged in, and the spectators of, active sports activities, the recreational opportun ities, as well as protect the scenic and natural ch aracter of these parks;

3. The Citycity seeks to preserve the peace and quiet of the Residential Zonesresidential zones of the Citycity, by prohibiting commercial activities such as Sidewalk Vending Activitysidewalk vending activity ;
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4. Many of the Sidewalkssidewalks and Pathwayspathways in the Citycity are less than eight (8) feet wide , and have a high vol ume of pedestrians traveling in each direction. Sidewalk Vending Activityvending activity in these areas would unreasonab ly interfere with the flow of pedestrians and disrupt access for pers ons with disabilities.

5.04.410 - Definitions.

A.“"Building”" means a structure of a perm anent nature located or co nstructed on a parcel of land, and shall include bu t not be restricted to , dwelling, hotel, apartm ent house, apartment, court, rooming house, boarding home for the aged, motel, cottage, house trailer, commercial establishment, store, office, plant, factory, warehouse and similar buildings.

B.“"Business License”license" means a City of Lancaster business license .

C.“"Cart”" means a push cart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for Sidewalk Vendor Activitysidewalk vendor activity .

D. “"Certified Farmers’ Market”farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regu lations adopted pu rsuant to that Chapterchapter.

E.“"City”" means the City of Lancaster.

F.“"City Council”council" means the city council of the City of Lancaster.

G.“"Employ”" means retain, hire or engage.

H.“"Fire Station”station" means any facility where fire engines and other equipment of the Los Angeles County Department are housed within the Citycity.

I.“"Food”" means any item provided in Health an d Safety Code Section 113781, or any successor section.

J.“"Immediate Vicinity”vicinity" means the streets abutting an activity or ev ent (and any contiguous parking areas), the sidewalks on either side of such streets, as well as any open or unoccupied space between the activity or ev ent and the abutting st reets and sidewalks.

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K.“"Merchandise”" means any tangible personal property that can be sold and immediately obtained from a Sidewalk Vendorsidewalk vendor , excluding Foodfood. Itemsitems for rent shall not be considered Merchandisemerchandise. Merchandise excludes any service. Tangible personal property that is given to persons who sign up for a service or in exchange for a signature and/or other personal identifying information, does not constitute “"merchandise”" for purposes of this Articlearticle. Tangible personal property that is ordered for future delivery does not constitute “"merchandise”" for purposes of this Articlearticle.

L.“"Park”" means a public park ow ned or operated by the Citycity.

M.“"Parkway(s)”" means that portion of a public street which is not improved for actual street, curb, gutter, or sidewalk use, and which is available for pl anting, landscap ing, and/or maintaining street trees.

N.“"Pathway”" means a paved path or walkway owned by the Citycity or other public entity that is specifically designed for pede strian travel, other than a sidewalk.

O.“"Public Property”property" means any real property owned, leased, operated, or controlled by the City of Lancas ter other than a st reet alley, parkway, sidewalk or other area dedicated, identified or used as a Public Rightpublic right-of-Wayway.

P.“"Public Rightright-of-Way”way" means any public street, roa d, avenue, highway, named or unnamed alley, la ne, court, place, trail, parkway, sidewalk or other public way, operated and/or controlled by the Citycity or other public entity, or subject to an easement owned by or dedicated or granted to Citycity.

Q.“"Residential”" means any area zoned or used exclusively as residential in the Citycity.

R.“"Sidewalk”" means any portion of a hi ghway, other than the street or roadway, set apart by curbs, barriers, markings or other delineation spec ifically designed for pede strian travel and that is owned by the Citycity or other public en tity, excluding any Parkwayparkway.

S.“"Sidewalk Vendor”vendor" or “Vendor”"vendor" means a person who sells Foodfood or Merchandisemerchandise from a pushcart, sta nd, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one ’'s person, upon a public Sidewalksidewalk or other Pathwaypathway. A person who takes or solicits orders for merchandise for future delivery does not constitute a Sidewalk Vendor sidewalk vendor for purposes of this Articlearticle. A person who gives tang ible personal property in exchange for a signature and/or other personal identifying information or in exchange for registering for a service does not constitute a Sidewalk Vendor sidewalk vendor for purposes of this Articlearticle. A sidewalk vendor may be any of:
a. “"Roaming Sidewalk Vendor sidewalk vendor ,”" which means a Sidewalk Vendorsidewalk vendor who moves from plac e to place and stops only to complete a transaction; or
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b. “"Stationary Sidewalk Vendor sidewalk vendor ,”" which means a Sidewalk Vendorsidewalk vendor who utilizes a singular sidewalk location and does not move from place to place.

T.“"Sidewalk Vendor Activities” or “Sidewalk Vending Activity” vendor activities" or "sidewalk vending activity" means actions that qualify a person as a Sidewalk Vendorsidewalk vendor or actions done in an ticipation of becoming a Sidewalk Vendorsidewalk vendor such as, but not limited to, placemen t, or maintenance of any Cartcart.

A. “"Special Event”event" means a Citycity permitted even t including, but not limited to, carnivals, sporting events, fairs, art shows, and/or cultural events.

B.“"Swap Meet”meet" means a location operated in acco rdance with Article 6 commencing with Section 21660) of Chapter 9 of Division 8 of th e Business and Profes sions Code, and any regulations adopted pursuant to that chapter, or any successor chapter.

C.“"Vend”" or “Vending”"vending" shall mean any act of solic iting, displaying, offering for sale for monetary consideration, or sale, of any go ods or merchandise to the public; offering produce, prepared Foodfood, prepackaged Foodfood or nonfood sundries of any kind for sale from a Sidewalk Vendorsidewalk vendor on a Sidewalksidewalk and/or privat e property and includes the movement or standing of a Sidewalk Vendorsidewalk vendor for the purpose of searching for, obta ining or soliciting retail sa les of produce, prepared Foodfood, prepackaged Foodfood or nonfood sundries.

5.04.420 - License Requiredrequired.

A. No person shall own, control, operate, manage, lease, or co ntract with any other person for the operation of a Cartcart in the Citycity without a business license . It is unlawful for any person to operate a Cartcart in the Citycity without having a current and valid business license obtained from the Citycity. A copy of the business license shall be disp layed in conspicuous view on each Cartcart at all times business is conducted.

B. Every Cartcart shall have the name, ad dress, and telephone numbe r of the holder of the Business Licensebusiness license permanently affixed on both th e left and righ t sides of the Cartcart. Such information shall be in letters and numerals not less than four inches in height and shall be in contrast to the color of the background upon which the letter s are placed.

C. A written application for a busi ness license shall be filed with the city manager, or the city manager ’'s designee, on a form provided by the Citycity and shall contai n the following information:
a. The name, address, and te lephone number of the person applying to become a Sidewalk Vendorsidewalk vendor ;
b. If the Operatoroperator or Vendorvendor is an agent of an individual, company, partnership, or corporat ion, the name and busine ss address, phone number , and email address of the principal of such entity; and
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c. The name, address, and te lephone number of the Operatoroperator or Vendorvendor who will be in charge of any Sidewalk Vending Activity sidewalk vending activity and/or be responsible for the person(s) working at any Cartcart; d. The name, address, an d telephone number of all persons that will be employed as Sidewalk Vendorssidewalk vendors ;
e. The number of Cartscarts the Sidewalk Vendor sidewalk vendor will operate within the Citycity under the business license;
f. The location(s) in the Citycity where the Sidewalk Vendor sidewalk vendor intends to operate;
g. The day(s) and hours of operation the Sidewalk Vendorsidewalk vendor intends to operate at such location(s);
h. A description of the type of Foodfood(s) to be sold from a Sidewalk Vendorsidewalk vendor selling Foodfood, whether such Foodfood(s) is prepared on site, whether such Foodfood will require a heating el ement inside or on the Cartcart for Foodfood preparation, an d the type of heati ng element if any;
i. A copy of the Countycounty health permit for each Sidewalk Vendorsidewalk vendor selling Foodfood by this chapter;
j. Whether the Sidewalk Vendorsidewalk vendor intends to operate as a Stationary Sidewalk Vendor or a Roaming Sidewalk Vendor stationary sidewalk vendor or a roaming sidewalk vendor and, if roaming, the intended path of travel; k. The dimensions of the Sidewalk Vendorsidewalk vendor's Cartcart(s), including a picture of each Cartcart operating under the Sidewalk Vendor Permitsidewalk vendor permit and any signs that will be affixed thereto;
l. Whether the Sidewalk Vendor sidewalk vendor will be selling Foodfood, Merchandisemerchandise, or both. Ifif the Sidewalk Vendor sidewalk vendor is selling Merchandisemerchandise, a description of the Merchandisemerchandise to be sold; m.To ensure the safety of residents and the merchantability of products sold by Operators without a fixed place of business, prior to the issuance of a business license, the applicant shall cause to be filed with the City a LiveScan background check conducted by the California Department of Justice within the three months preceding the application date. The City shall furnis h each applicant with a LiveScan request form for use at any LiveScan vendor location.
m. n.Proof that the Sidewalk Vendorsidewalk vendor possesses a valid California Department of Tax and Fe e Administration seller's permit which notes the Citycity as a location or sublocation, which sh all be maintained fo r the duration of the Sidewalk Vendor sidewalk vendor's Permitpermit;
n. o.An acknowledgement that the Sidewalk Vendor will obtain and maintain throughout the duration of any per mit issued under this chapter public liability insurance and property damage insurance, including general commercial liability coverage in an amount not less than $1,000,000;An acknowledgement that the sidewalk vendor will indemnify the city from DocuSign Envelope ID: 98DD5ADE-E3C5-41AF-B4AC-2CF611FCB42E 7 4888‐7838‐3744v2/022283‐0548
and against any and all third party claims, losses, obligations, or liabilities arising out of vendor’s actions or inaction related to operation of the sidewalk vending business; o. p.An acknowledgement that use of Public Property public property is at the Sidewalk Vendorsidewalk vendor's own risk, and the Citycity does not take any steps to ensure Public Propertypublic property is safe or conducive to the Sidewalk Vending Activitiessidewalk vending activities ;
p. q.An acknowledgment that the Sidewalk Vendorsidewalk vendor will comply with all other applicable loca l, state, and federal laws; q. r.A certification that under penalty of perjury, to the applicant ’'s knowledge and belief, the information contained within the application is true and correct; r. s.A list of all other c ities or other jurisd ictions in which the Sidewalk Vendorsidewalk vendor has operated a Cartcart within the past twelve (12) months, whether a permit was required to operate, and, if so, whether the permit has been revoked in the past twelve (12) months; and
s. t.Any other relevant informat ion required by the city manager, or the city manager’'s designee.

D. Such application shall be accompanied by the nonrefundable business license application fee as established by resolution of the City Councilcity council.

5.04.430 - Issuance of Licenselicense.

A. Within sixty (60) calendar days of receiving a complete application, the city manager, or the city manager’'s designee may issue a business license to a Sidewalk Vendorsidewalk vendor if he or she finds, based on all of the relevant information, that:

1. The conduct of such Sidewalk Vending Activity sidewalk vending activity will not unduly interfere with traf fic or pedestrian moveme nt, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare or encourage loitering;

2. The conduct of such Sidewalk Vending Activity sidewalk vending activity will not unduly interfere with normal governmental or Citycity operations, threaten to result in damage or detriment to Public Property public property , or result in the Citycity incurring costs or expenditures in either money or perso nnel not reimbursed in advance by the Sidewalk Vendorsidewalk vendor ;

3. The conduct of such Sidewalk Vending Activity sidewalk vending activity will not constitute a fire hazard;

4. The conduct of such Sidewalk Vending Activity sidewalk vending activity will not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the Citycity;

5. The Sidewalk Vendor sidewalk vendor has paid all previous administrative fines, completed all commun ity service, and/or completed any other alternative disposition associated in any way with a previous violation of this chapter;
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6. The Sidewalk Vendor sidewalk vendor has not had a previous business license for Sidewalk Vendor Activitysidewalk vendor activity revoked by the City withincity more than once during the pastpreceding five (5) years;

7. The application for a Sidewalk Vendorsidewalk vendor contains all required information and the Sidewalk Vendor sidewalk vendor has not made a materially false, misleading or fraudulent statement of fact to the Citycity in the application process;

8. The Sidewalk Vendorsidewalk vendor has satisfied all the requirement of this chapter;

9. The Sidewalk Vendorsidewalk vendor has paid the Business Licensebusiness license fee;

10. The Sidewalk Vendorsidewalk vendor's Cartcart and proposed activities conform to the requirements of this chapter;

5. The Sidewalk Vendor has provided adequate insurance to protect the City from liability associated with Sidewalk Vendor Activities, as dete rmined by the city manager or the city manager’s designee;

12.The Sidewalk Vendor The sidewalk vendor has not been convicted of, or committed, entered a plea of guilty or nolo contendere to any offense that is directly related to Sidewalk Vendor Activitieswhich is a crime of moral turpitude or a crime that is violent or sexual in nature, as defined by state and/or local law , within the last five (5) years;

11. 13.The Sidewalk Vendorsidewalk vendor has not had an indivi dual or business permit or license with any agency, board, city, county, territory, or state denied , revoked, restricted, or suspended within the last two (2) years; this requirement may be waived by the city manager or his or her designee for good cause shown ; and

12. 14.The Sidewalk Vendor sidewalk vendor has not been subject to had an injunction issued against him/her for nuisance, as defined by Statestate or local laws, within the last five (5) years.

5.04.440 - County Health Permit Requirementhealth permit requirement.

It is unlawful for any person to operate a Cartcart that sells food in the Citycity without a current and valid permit, certificate, or other authoriz ation as required by the County of Los Angeles Department of Environmental He alth. A copy of said health permit shall be kept in the Cartcart at all times and di splayed in conspicu ous view upon each Cartcart.

5.04.450 - Term and Renewalrenewal.

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All business licenses for Sidewalk Vendorssidewalk vendors issued under this chapter shall expire within aone year from the date of is suance, unless earlier revo ked in accordance with the provisions of this chapter. The procedur es for license renewa l as set forth in Articlearticle I of this Chapterchapter are applicable to licenses for Sidewalk Vendorssidewalk vendors .

5.04.460 - License Nontransferablenontransferable.

Business licenses for Sidewalk Vendorssidewalk vendors are non-transferabl e. Any change in ownership or op eration of a Cartcart requires a new business li cense as set forth in this Articlearticle.

5.04.470 - Exceptions.

No person shall conduct Sidewalk Vending Activities sidewalk vending activities within the Citycity without first obtaining a busin ess license issued pursuant to the requirements set forth in this Articlearticle V from the Citycity, except under the fo llowing conditions:

A. A general business license issued pursua nt to the requirem ents set forth in Articlearticle I of this Chapterchapter shall be required when the Sidewalk Vending Activitysidewalk vending activity is associated with the operation of a Citycity-permitted Special Event special event , subject to the c onditions thereof.

B. A general business license issued pursua nt to the requirem ents set forth in Articlearticle I of this Chapterchapter shall be required when the Sidewalk Vending Activitysidewalk vending activity is limited to a Cartcart on private property with the written authorization of the property owner or lawful lessee/tenant, operating solely for private purposes and when all of the following provisions are met:
a.All Sidewalk Vendor Activity is conduc ted entirely on paved portions of the premises.
b.Serviceservice is limited to the guests of the property ow ner or lawful le ssee/tenant only. .

5.04.480 - Operating Conditionsconditions.

Every Sidewalk Vendorsidewalk vendor is subject to the followi ng operating c onditions when conducting Sidewalk Vendor Activitiessidewalk vendor activities :

A. No Sidewalk Vendor stationary sidewalk vendor shall conduct Sidewalk Vendor Activitiessidewalk vendor activities anywhere in the Citya residential zone in the city, with the exception of locations adja cent to commercial storefronts located within a residential zone. Roaming sidewalk vendo rs shall only conduct business in residential zones between DocuSign Envelope ID: 98DD5ADE-E3C5-41AF-B4AC-2CF611FCB42E 10 4888‐7838‐3744v2/022283‐0548
the hours of 9:00 p.m.sunrise and 7:00 a.m. dailysunset, with the exceptio n of private events on private property .

B. All Foodfood and Merchandisemerchandise shall be stored either inside or affixed to the Cartcart or carried by the Sidewalk Vendor sidewalk vendor . Food and Merchandisemerchandise shall not be stored, placed, or kept on any Public Property public property. If affixed to the Cartcart, the overall space taken up by the Cartcart shall not exceed the size limitations prov ided in this section.

C. Carts and any attachments theret o shall not exceed a total heig ht of four (4) feet, a total width of four (4) feet, and a total length of four (4) feet. Notwithstanding th e height limit set forth herein, a vendor may utilize an umbrella or other covering to have shade for his/her personal comfort and safety.

D. To maintain accessibility standards for the Citycity's disabled residents, every Sidewalk Vendorsidewalk vendor operating on any Sidewalksidewalk must ensure that no obstruction is placed in or on the Sidewalksidewalk that would reduce the width of the Sidewalksidewalk to fewer than forty-eightthirty-six (4836) inches, exclusive of the top of the curb. No obstruction shall be located in a Sidewalksidewalk less than six (6) feet in width when the Sidewalksidewalk is adjacent to the curb.

E. Sidewalk Vendorsvendors shall locate their Cartcart and/or their person in a manner that maintains a minimum fourthree ( 43) foot (or such wider distance as may be necessary to comply with the requirements of th e Americans with Disabilities Act) clear accessible path for pedestrian ingress and egress free from obstructions, including Cartcart and customer queuing area.

F. All signage and advertising related in any way to the Sidewalk Vendorsidewalk vendor shall be attached to the Cartcart or the Sidewalk Vendor’sidewalk vendor' s person.

G. Sidewalk Vendorsvendors shall not use any electrical, flashing, wind powered, or animated sign.

H. Carts shall not be stored on Public Propertypublic property and shall be removed when not in active use by a Sidewalk Vendorsidewalk vendor .

I. Sidewalk Vendorsvendors shall not leave their Cartscarts unattended without first assigning a person to safely supervise the cart while the ve ndor uses the restroom, or obtains food and/or water for a short duration of time (fewer than thirty (30) minutes) .

J. If a sidewalk vendor uses pr opane or compressed natural gas, all of the following shall apply:

1. The gas tanks shall be enclosed;

2. J.No Cartcart shall contain or use carry more than 80 pounds of propane , or natural gas, batteries, or other explosive or hazardous materials. at any time;

3. All propane and natural gas containe rs shall be properly labeled with prominent safety placards;

4. Placement of the propane or natural gas tank shall allow for adequate ventilation and scre ening of the tank;

5. Tanks shall be stored in an upright position and positioned in a way to prevent falling, tipping, and/or tampering; and

6. Tanks shall be disconnected when the cart is in tr ansit or not in use.

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K. Sidewalk Vendorsvendors that sell Foodfood shall maintain a tras h container in or on their Cartcart and shall not empt y their trash into public tr ashcans. The size of the Sidewalk Vendor’sidewalk vendor' s trash container is included to wards the total size limit of a Cartcart.

L. Sidewalk Vendorsvendors shall not leave any locatio n without firs t picking up, removing, and disposin g of all trash or refuse from their operation. Sidewalk Vendorsvendors shall immediately clean up any Foodfood, grease or other flui d or item related to Sidewalk Vendor Activitiessidewalk vendor activities that falls on Public Propertypublic property.

M. No Sidewalk Vendor sidewalk vendor shall discharge liquid upon any public street, Sidewalksidewalk or premises in the Citycity.

N. Sidewalk Vendorsvendors shall not block an entrance into a Buildingbuilding, structure or facility, or obstru ct any door or window.

O. Stationary Sidewalk Vendorssidewalk vendors shall not cause, allow, or maintain the placement of tables, chairs, shade structures, tents, umbrellas, other furniture, rugs, towels, fabric of any kind in public spaces or in any portion of the Public Rightpublic right-of-way., with the exception of an umbrella or other covering that is solely for the purpose of providing shade for the vendor
P. Sidewalk Vendorsvendors shall not store or leave unattended Vendingvending equipment or receptacles in public spaces or in a ny portion of the Public Rightpublic right-of- way.

Q. Sidewalk Vendorsvendors shall use and vent any gas, battery-powered or electrical generators in accordance with manufacturer’s specifications.

R. Sidewalk vendors, including but not limited to all generators and/or other equipment, shall comply with th e noise standards set forth in this Code.

5.04.490 - Prohibited Activitiesactivities and Locationslocations.

A. Sidewalk Vendorsvendors shall comply with all Federal, Statefederal, state and local laws and regulations.

B. Carts shall not touch, lean agai nst or be affixed at any time to any building or structure including, but not limited to lampposts, parking meters, mailboxes, tra ffic signals, fire hydrants, benches, bus shelters, newsstands, trash cans or traffic barriers.

C. Sidewalk Vendorsvendors shall not engage in any of the following activities:

1. Conducting Sidewalk Vending Activity on unpaved portions of property;

2.Conducting Sidewalk Vending Activity sidewalk vending activity on privately-owned property without the wr itten authorization of the property owner or lawful lessee/tenant and all activity must be conducted entirely on paved portions of the premises;

2. 3.Renting Merchandisemerchandise to customers;

3. 4.Displaying Merchandisemerchandise or Foodfood that is not ava ilable for immediate sale;

4. a.Selling of live animals , alcohol, marijuana, adult oriented material, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or marijuana; DocuSign Envelope ID: 98DD5ADE-E3C5-41AF-B4AC-2CF611FCB42E 12 4888‐7838‐3744v2/022283‐0548

5.Selling Food or Merchandise to any person fifteen years of age or younger without one or both of their parents or legal guardians present;

5. 6.Using an open flame on or within any Cartcart;

6. 7.Using an electrical outlet or power source that is owned by the Citycity or another person other than the Sidewalk Vendorsidewalk vendor without th e owner of such power source’s written consent;

7. 8.Providing or selling any service to any person;

8. 9.Continuing to offer Foodfood or Merchandisemerchandise for sale, following, or accompanying any person who has been offered Foodfood or Merchandisemerchandise after the person has declined the offer to purchase Foodfood or Merchandisemerchandise;

9. 10.Knowingly making false stat ements or misrepresentatio ns during the course of offering Foodfood or Merchandisemerchandise for sale;

10. 11.Blocking or impeding the path of person(s) being offered Foodfood or Merchandisemerchandise to purchase;

11. 12.Making any statement, gesture, or other communication whic h a reasonable person in the situation of the pe rson(s) being offered Foodfood or Merchandisemerchandise to purchase would perceive to be a threat and which has a reasonab le likelihood to prod uce in the person(s) a fear that the threat will be carried out;

12. 13.Touching the person (s) being offered Foodfood or Merchandisemerchandise without that person(s) consent.

13. 14.Advertising any product or service that is not related to the Foodfood or Merchandisemerchandise being offered for immediate sale;

14. 15.Using any horns, musi c, lights, visual media, or sound amplifying device unless expressly approved in the license ;, provided, however, that a ve ndor may use a light solely for operational or personal safety purposes

15. 16.Placing a Cartcart outside of any Pathwaypathway or Sidewalksidewalk when engaging in Sidewalk Vending Activitiessidewalk vending activities ;

16. 17.Physically altering or otherwise damaging the Sidewalksidewalk;

17. 18.Fastening or affixing any ite m, including but no t limited to, tape, st rap, chain, tie, band, or rope, to any Public Propertypublic property, with the exception of tape used for social distance markers;

18. 19.Providing or sell ing any service to any person; or

19. 20.Placing of any type of fencing or other divider around the vending area.

D. All Sidewalk Vendor Activities sidewalk vendor activities shall comply with the Americans withWith Disabilities Act, as th e same may be amended fro m time to time, as well as with the Proposed Accessibility Guidelin es for Pedestrian Facilities proposed accessibility guidelines for pedestrian facilities in the Public Rightpublic right-of-Wayway.

E. Sidewalk Vendorsvendors shall not engage in Sidewalk Vending Activities sidewalk vending activities at the following locations:

1. Any Residentialresidential zone in the Citycity:

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a. Stationary Sidewalk Vendors sidewalk vendors shall not operate on Sidewalkssidewalks or Pathwayspathways directly adjacent to or within Residentialresidential areas or in any Park for which the City has entered an exclusive concessionaire agreement.

2. Upon or within any ro adway, median strip , area adjacent to a highway offramp , or in areas that separate o pposing lanes of traffi c on divided roadways.

3. Lancaster City Hall or the Lancaster Performing Arts Center, which require unimpeded pedestrian ingress and egress to ensure public safety. A map delineating the areas in which sidewalk vending is prohibited is appended hereto as Exhibit 5.04.490.

4. Vending in Parksparks:
a. Sidewalk Vendorsvendors are prohibited from Vendingvending in a Parkpark owned or operated by the Citycity where the operator of the Parkpark has signed an agreement for concessions that exclus ively permits the sale of Foodfood or Merchandisemerchandise by the concessionaire. Such restrictio n, if imposed, shall be set forth as a cond ition of approval of the Sidewalk Vendor Permitsidewalk vendor permit and identify the restricted Parkpark(s). b. Sidewalk Vendorsvendors are prohibited from Vendingvending in a Parkpark owned or operated by the Citycity in a manner that impedes the public ’'s use and enjoyment of natural resour ces and recreational opportun ities, or that causes an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the Parkpark. Such restriction, if imposed, shall be set forth as a conditi on of approval of the Sidewalk Vendor Permitsidewalk vendor permit and identify the restricted Parkpark(s). c. Sidewalk Vendorsvendors shall not Vendvend in the following locations within a Parkpark:
i. Within fiftytwenty ( 5020) feet of any field or court that is primarily designed for use in a sporting activity (including, but not limited to, ba seball field, softball field, basketball court, tennis court, soccer field, volleyball court, and handball court), while said area is in use;
ii. Within fiftytwenty (5020) feet of any playground, pool, or exercise area while said area is in use.

5. Jane Reynolds Park. Sidewalk Vendorsvendors shall not conduct Sidewalk Vending Activitiessidewalk vending activities at Jane Reynolds Park. Jane Reynolds Park provides for a high volume of pedestrians, bicyclists, and skat ers to travel in each direction. Restrictions on Sidewalk Vendingsidewalk vending are necessary to protect the public from injury given the park’'s popularity as a tourist destination. Notwithstanding this prohibition, the city may designate specific areas within the park th at may be offered to sidewalk vendors for vending activity. In the event the city does designate such areas, vendors shall only conduct operations within sa id designated areas.

6. Lancaster Boulevard. Sidewalk Vendorsvendors shall not conduct Sidewalk Vendor Activitiessidewalk vendor activities on Lancaster Boulevard. Lancaster Boulevard is a heavily crowded area. Permittingpermitting any Sidewalk Vendor Activity sidewalk vendor activity would result in an undue concen tration of commercial activity at Lancaster Boulevard that unreasonably interferes with traffic, existing business, and pedestri an ingress and egress.

DocuSign Envelope ID: 98DD5ADE-E3C5-41AF-B4AC-2CF611FCB42E 14 4888‐7838‐3744v2/022283‐0548

7. Within Immediate Vicinityimmediate vicinity of:
a. A Certified Farmers’ Market certified farmers' market or certified Swap Meetswap meet during the hours of its operation; or
b. An area designated for a Special Event special event permit for the limited duration of the permitted event;

8. Within one (1) block of:
a. Public or private school, a place of worshi p, or a child day-care facility between 88:00 a.m. to 55:00 p.m. on days in wh ich school is open.

9. Within two- hundred (200) feet of:
a. A Police Station, Fire Stationpolice station, fire station , or hospital.

10. Within one-hundredtwenty (10020) feet of:
a.Any police officer, firefigh ter, lifeguard or emergenc y medical personnel who are actively performing their duties or providing services to the public;; a. b.Another Sidewalk Vendorsidewalk vendor ;
b. c.The intersection of a cross-walk and a Sidewalksidewalk; c. d.Any public picnic area, playgr ound area or pla yground equipment; d. e.Any public community ce nter, athletic field, so ftball/baseball diamond, basketball court, handball court, pickleball court, tennis court, soccer field, or volleyball court.

11. Within twenty-five (25) feet of:
a. A fire hydrant;
b. A curb which has been designa ted as a white, yellow, blue, or red zone, or a bus zone;
c. An automated teller machine;
d. A transit shelter;
e. A bus stop; and/or
f. A restroom or simila r public use item.

DocuSign Envelope ID: 98DD5ADE-E3C5-41AF-B4AC-2CF611FCB42E 15 4888‐7838‐3744v2/022283‐0548
c. The outer edge of an y area permitted for Sidewalksidewalk or outdoor dining including, but not limited to, Sidewalksidewalk or outdoor dining entries and exits during the hours the business is op en to the public; and
d. Any driveway or alley approach.

13. Within five (5) feet of:
a. Any area improved with lawn, fl owers, shrubs or trees; and b. Any traffic signal controller, traffic sign al pole, power pole, street light pole, general utility pole, above ground cabinet, general utility fac ility, manhole, parking meter, regulatory and directional signs, street furniture, or street art sculptures.

The city manager or the city manager’'s designee may adopt administrative regulations imposing additional requirements consistent with this ch apter and all other applicable laws in order to regulate the time, place, and manner of Vendingvending.

5.04.500 - Revocation of Licenselicense.

Any Sidewalk Vendor Permitsidewalk vendor permit may be revoked by th e city manager, or the city manager ’'s designee for good ca use shown including but not necessarily limited to any of the following reasons:

A. Citation for Vendor’s thirdvendor's fourth or subsequent violation of the requirements set forth in this chapter.

B. Falsification of any info rmation supplied by the Sidewalk Vendorsidewalk vendor upon which issuance of the license was based.

C. Failure of the Sidewalk Vendorsidewalk vendor , or any employees or subcontractors of the Operatoroperator or Vendorvendor, to comply with the regulations set fort h in this chapter.

D. Conviction of a violati on, or plea of guilty or no lo contendere, by the Sidewalk Vendorsidewalk vendor , or any employee, subc ontractor or independent contractor of the permittee, of any Federalfederal or Statestate law, or municipal ordinance while in the course of conducting Sidewalk Vendor Activity sidewalk vendor activity pursuant to the Citycity business license.

E. Conviction of a violation, or a plea of guilty or nolo contendere, by the Sidewalk Vendorsidewalk vendor of any applicable provision or requirement of this Sectionsection.

F. Conviction of, or a plea of guilt y or nolo cont endere, by the Sidewalk Vendorsidewalk vendor of any misdemeanor, or conspiracy to commit, or atte mpt to commit, the same, which is a crime of moral turpitude or a crime that is violent or sexual in nature, as defined by state and/or local law.

G. No Sidewalk Vendorsidewalk vendor whose license is revoked shall be eligible to apply for a new license for a period of one (1) year following such revocation.

H. In the event of a Sidewalk Vendorsidewalk vendor who owns more than one Cart(1) cart, the revocation shall appl y to the license for each Trucktruck or Cartcart.

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5.04.510 - Appeal Proceduresprocedures.

A. Any Sidewalk Vendorsidewalk vendor applicant or pe rmittee who is a ggrieved by any decision of th e city manager or his/her designee regarding the issuance, conditioning, denial, suspension or revocation of a business license may contestappeal the decision before an independent he aring officer in accordance with the procedures set forth in Articlearticle I of this Chapter.

B. Failure of the city clerk to receive a timely appeal constitutes a waiv er of the right to further contest the decisi on; in this event, the hearing officer'city manager’s decision is final and binding.

5.04.520 - Penalties.

A. Violations of any of the provisions of this chapter shall not be prosecut ed as infractions or misdemeanors andbut shall only be punished by the followingissuance of an administrative citation and revocation structure:

1.Except as otherwise provided in this chapter, any violation of this chapter shall be assessed administrative fines in the following amounts:
a)An administrative fine not exceeding one hundred dollars ($100) for a first violation.
b) An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation. c)An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.

2.If a Sidewalk Vendor violates any portion of th is chapter and cannot present the citing officer with a proof of a valid City business license, the Sidewalk Vendor, the penalty amount of which shall be assessed administrative fines in the following amounts in lieu of the administrative fines set forth in paragraph (1):
a)An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.

DocuSign Envelope ID: 98DD5ADE-E3C5-41AF-B4AC-2CF611FCB42E 17 4888‐7838‐3744v2/022283‐0548
b) An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.
c)An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation.

3.Upon proof of a valid City business license issued by the local authority, the administrative fines set forth in paragraph (2) shall be reduced to th e administrative fines set forth in paragraph (1), respectively.at a rate as set forth in the fee schedule in Section 1.12.020 of Chapter 1.12 of this code.

B. 4.The city manager, or the city manager ’'s designee may rescind a Sidewalk Vendor’sidewalk vendor's business license for the term of that license upon the fourth violation or subsequent violations.

5.04.530 - Ability -to-Pay Determinationspay determinations.

A.When assessing an administrative fine under this chapter, the Citycity will take into consideration a Sidewalk Vendor’sidewalk vendor' s ability to pay the fine .

1.Any fine issued under this Section will be accompanied by a notice of and instruction regarding a person’s right to request an ability-to-pay determination.

2.An Operator or Vendor may request an abil ity-to-pay determinatio n at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a collection program.

B.If an Operator or Vendor is receiving public benefits under Government Code section 68632 (a), or has a monthly income which is 125 percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the Operator or Vendor’s admin istrative fine is limited to twenty (20) percent of the amount assessed. The City may also take the following actions:

1.Allow the Operator or Vendor to complete community service in lieu of paying all or part of the administrative fine; or

2.Waive the administrative fine; or

3.Offer an alternative disposition., in the manner set forth in Section 1.16.085 of Chapter 1.16 of this code.

DocuSign Envelope ID: 98DD5ADE-E3C5-41AF-B4AC-2CF611FCB42E 18 4888‐7838‐3744v2/022283‐0548

5.04.540 – Nuisance; Impoundment.

The city council finds and declares that Sidewalk Vendor Activity sidewalk vendor activity conducted in violation of (a) the provisions of this Articlearticle and (b) state law, constitutes a public nuisance subject to abatement.

A. Any enforcement officer ma y abate a public nuisance by impounding vending equipment, carts, goods or any merchandise which constitutes an imminent hazard to public health or safety.

B. Food, equipment and utensils are subject to immediate impoundment in accordance with Section 114393 of the Calif. Health and Safety Code, if they are determ ined to be unsanitary or in such disrepair that food, equipment or utensils may become contaminated or adulterated.

C. A vendor whose license has been revoked or denied, or who has been found to be operating without a city busine ss license on more than three days within any 12-month period, is subject to impoundme nt of vending equipment, cart s, goods or merchandise, at any time after exhaustion of ve ndor’s administrative remedies.

D. A vendor may request an administrative he aring to appeal the abatement of the public nuisance by impoundment, pursuant to chapter 8.28 of this code, which hearing shall be before an inde pendent hearing officer.

E. Upon any impoundment pursuant to this chapter, the enforcement officer shall issue to the vendor a written receipt describing wi th reasonable particularity the equipment, carts, goods or merchandise so impounded. In the event the vendor is not present at the time of the impound ment, the city shall conduct a reas onable investigat ion to determine the owner of the impounded items and mail the writte n receipt to the ow ner’s address, if known.

F. The city shall store impounded equipment, carts, goods or merchandise for a period of ninety (90) days. If the pr operty is not claimed within that period, the city may sell or otherwise dispose of the property.

G. A person claiming ownershi p of impounded vending equi pment, carts, goods or merchandise may reclaim such materials within ninety (90) days of impoundment, upon payment of the city’s abatement costs relate d to impounding nuis ance equipment, and proper proof of ownership.

H. A vendor whose license has been revoked or denied, or who has been found to be operating without a city business license within thirty (30) days of reclaiming impounded vending equipment, carts, goods or mercha ndise shall be subjec t to immediate re- impoundment of such materials.

5.04.550 - Severability.

If any section, subsec tion, paragraph, sentence, clause or ph rase of this chapte r is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, and each se ction, subsection, paragr aph, sentence, clause, DocuSign Envelope ID: 98DD5ADE-E3C5-41AF-B4AC-2CF611FCB42E 19 4888‐7838‐3744v2/022283‐0548
phrase or portion thereof, irrespective of the fact that any one (1) or more sectio ns, subsections, phrases, clauses or porti ons be declared invali d or unconstitutional.

5.04.560 - Community service in lieu of payment of penalty.

As an alternative to paying the amount of the administrative citation, a sidewalk vendor may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this code.

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HOLDER\ATTACHMENT A- Ordinance 1080.pdf
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HOLDER\Sidewalk Vendor 5.04 Art V Amended, 4888-
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Description Sidewalk Vendor 5.04 Art V Amended, 4888-7838-3744_2 Rendering set SYCR1-1

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ATTACHMENT C: FINAL DRAFT ORDINANCE
ORDINANCE NO. __________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LANCASTER AMENDING CHAPTER 5.04, ARTICLE V TO THE

LANCASTER MUNICIPAL CODE CONCERNING THE

REGULATION OF SIDEWALK VENDORS
WHEREAS, Senate Bill No. 972 (“SB 972”) became effective on January 1, 2023, and modernizes the California Retail Food Code to include sidewalk food vendors; WHEREAS, among other things, SB 972 replaces criminal penalties with non-criminal administrative fines for violations, and sets not-to exceed amounts for such fines; WHEREAS, in light of the changes to the California Health and Safety Code set forth in SB 972, the City Council desires to amend its Sidewalk Vendor Permitting and Regulatory Program for the City of Lancaster (the “City”)
WHEREAS, the City Council of the City of Lancaster expressly finds that regulating mobile food operators is also necessary in order to protect public health, safety, and welfare, while accommodating commercial uses that generally promote an active and social pedestrian environment within appropriate areas of the City of Lancaster.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES ORDAIN AS FOLLOWS:

Section 1. Article V of Chapter 5.04, of the Lancaster Municipal Code is hereby amended to read as set forth in Exhibit “A” attached hereto and incorporated herein by reference.

The City Council of the City of Lancaster hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.

Section 3. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage.

I, Andrea Alexander , City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the 24th day of October, 2023, and placed upon its second reading and adopted at a regular meeting of the City Council on the 14th day of November, 2023 by the vote:
2 YES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
Attachments:

Exhibit A: Revised Chapter 5.04
Exhibit B: Map for LMC 5.04.490
3 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

CITY OF LANCASTER )

CERTIFICATION OF ORDINANCE

CITY COUNCIL
I, __________________________, ____________________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Ordinance No. _________, for which the original is on file in my office.

WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, ________.

1 EXHIBIT “A”
ORDINANCE NO. _________
Chapter 5.04 of the Lancaster Municipal Code is amended as follows:

5.04.400 - Purpose.

A. The city council hereby finds that, to promote the health, safety and welfare, restrictions on sidewalk vending activity are necessary in part to:

1. Ensure no interference with the performance of public safety officers including, police, firefighter, lifeguard, security and emergency medical personnel services.

3. Ensure no interference with barriers (bollards, vehicles, cement or water) designed to stop vehicles and prevent injury to people.

4. Provide reasonable access for sidewalk vending activities in portions of the city while preserving the use and maintenance of public rights-of-way, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, public benches and/ or planters, as well as access to locations used for public transportation services.

5. Reduce exposure to the city for personal injury or property damage claims and litigation.

6. Ensure the safe sale of food and merchandise on sidewalks, by providing the public a simple way to ensure sidewalk vendors prepare food safely and according to Los Angeles Department of Public Health requirements.

7. Prevent unsanitary conditions and ensure trash and debris in the areas vending is taking place are removed by sidewalk vendors.

8. Ensure that visibility, sight lines, and accessibility for vehicular and pedestrian traffic on sidewalks and other public-rights-of-way are protected while accommodating sidewalk vendor equipment.

9. Protect the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles.

10. Ensure reasonable access for the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus,

2 mailboxes, public benches and/ or planters, as well as access to locations used for public transportation services.

11. Mitigate the impacts of sidewalk vending activity and protect the unique characteristics of the city.

B. The city council hereby finds that the unique characteristics of the city require certain restrictions on sidewalk vending activities as follows:

1. The city council finds that sidewalk vendors in the city seek and do draw patrons to their food and merchandise. This can create serious safety problems by impacting the ability of pedestrians to move safely on sidewalks and through crosswalks and impeding the response time of safety personnel, particularly in city parks and in residential areas. Sidewalk vendors can also impact access to and egress from businesses. This chapter imposes reasonable time, place, and manner restrictions on sidewalk vendors to the extent necessary to ensure the safety of sidewalk vendors, their patrons, and the general public and to prevent unreasonable interference with residents' enjoyment of peace and quiet in the city;

2. The city's parks provide passive and active recreational opportunities; restrictions on sidewalk vending activity are necessary to protect the health, safety and welfare of those persons engaged in, and the spectators of, active sports activities, the recreational opportunities, as well as protect the scenic and natural character of these parks;

3. The city seeks to preserve the peace and quiet of the residential zones of the city, by prohibiting commercial activities such as sidewalk vending activity;

4. Many of the sidewalks and pathways in the city are less than eight (8) feet wide, and have a high volume of pedestrians traveling in each direction. Sidewalk vending activity in these areas would unreasonably interfere with the flow of pedestrians and disrupt access for persons with disabilities.

5.04.410 - Definitions.

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this chapter have the meaning set forth elsewhere in this Code, the California Business and Professions Code, California Vehicle Code, or California Government Code. If a term or phrase is not defined in this part, or elsewhere in this Code, the most common dictionary definition is presumed to be correct. For purposes of this chapter, the following definitions shall apply:
"Building" means a structure of a permanent nature located or constructed on a parcel of land, and shall include but not be restricted to, dwelling, hotel, apartment house, apartment, court, rooming house, boarding home for the aged, motel, cottage, house trailer, commercial establishment, store, office, plant, factory, warehouse and similar buildings. "Business license" means a City of Lancaster business license.

3 "Cart" means a push cart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non- motorized conveyance used for sidewalk vendor activity. "Certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
"City" means the City of Lancaster.
"City council" means the city council of the City of Lancaster. "Employ" means retain, hire or engage.
"Fire station" means any facility where fire engines and other equipment of the Los Angeles County Department are housed within the city.
"Food" means any item provided in Health and Safety Code Section 113781, or any successor section.
"Immediate vicinity" means the streets abutting an activity or event (and any contiguous parking areas), the sidewalks on either side of such streets, as well as any open or unoccupied space between the activity or event and the abutting streets and sidewalks. "Merchandise" means any tangible personal property that can be sold and immediately obtained from a sidewalk vendor, excluding food. items for rent shall not be considered merchandise.

Merchandise excludes any service. Tangible personal property that is given to persons who sign up for a service or in exchange for a signature and/or other personal identifying information, does not constitute "merchandise" for purposes of this article. Tangible personal property that is ordered for future delivery does not constitute "merchandise" for purposes of this article. "Park" means a public park owned or operated by the city. "Parkway(s)" means that portion of a public street which is not improved for actual street, curb, gutter, or sidewalk use, and which is available for planting, landscaping, and/or maintaining street trees.
"Pathway" means a paved path or walkway owned by the city or other public entity that is specifically designed for pedestrian travel, other than a sidewalk. "Public property" means any real property owned, leased, operated, or controlled by the City of Lancaster other than a street alley, parkway, sidewalk or other area dedicated, identified or used as a public right-of-way.
"Public right-of-way" means any public street, road, avenue, highway, named or unnamed alley, lane, court, place, trail, parkway, sidewalk or other public way, operated and/or controlled by

4 the city or other public entity, or subject to an easement owned by or dedicated or granted to city.
"Residential" means any area zoned or used exclusively as residential in the city. "Sidewalk" means any portion of a highway, other than the street or roadway, set apart by curbs, barriers, markings or other delineation specifically designed for pedestrian travel and that is owned by the city or other public entity, excluding any parkway. "Sidewalk vendor" or "vendor" means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk or other pathway. A person who takes or solicits orders for merchandise for future delivery does not constitute a sidewalk vendor for purposes of this article. A person who gives tangible personal property in exchange for a signature and/or other personal identifying information or in exchange for registering for a service does not constitute a sidewalk vendor for purposes of this article. A sidewalk vendor may be any of:
a. "Roaming sidewalk vendor," which means a sidewalk vendor who moves from place to place and stops only to complete a transaction; or b. "Stationary sidewalk vendor," which means a sidewalk vendor who utilizes a singular sidewalk location and does not move from place to place. "Sidewalk vendor activities" or "sidewalk vending activity" means actions that qualify a person as a sidewalk vendor or actions done in anticipation of becoming a sidewalk vendor such as, but not limited to, placement, or maintenance of any cart.
"Special event" means a city permitted event including, but not limited to, carnivals, sporting events, fairs, art shows, and/or cultural events.
"Swap meet" means a location operated in accordance with Article 6 commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that chapter, or any successor chapter. "Vend" or "vending" shall mean any act of soliciting, displaying, offering for sale for monetary consideration, or sale, of any goods or merchandise to the public; offering produce, prepared food, prepackaged food or nonfood sundries of any kind for sale from a sidewalk vendor on a sidewalk and/or private property and includes the movement or standing of a sidewalk vendor for the purpose of searching for, obtaining or soliciting retail sales of produce, prepared food, prepackaged food or nonfood sundries.

5.04.420 - License required.

A. No person shall own, control, operate, manage, lease, or contract with any other person for the operation of a cart in the city without a business license. It is unlawful for any person to operate a cart in the city without having a current and valid business license obtained from the

5 city. A copy of the business license shall be displayed in conspicuous view on each cart at all times business is conducted.

B. Every cart shall have the name, address, and telephone number of the holder of the business license permanently affixed on both the left and right sides of the cart. Such information shall be in letters and numerals not less than four inches in height and shall be in contrast to the color of the background upon which the letters are placed.

C. A written application for a business license shall be filed with the city manager, or the city manager's designee, on a form provided by the city and shall contain the following information:
a. The name, address, and telephone number of the person applying to become a sidewalk vendor;
b. If the operator or vendor is an agent of an individual, company, partnership, or corporation, the name and business address, phone number, and email address of the principal of such entity; and
c. The name, address, and telephone number of the operator or vendor who will be in charge of any sidewalk vending activity and/or be responsible for the person(s) working at any cart;
d. The name, address, and telephone number of all persons that will be employed as sidewalk vendors;
e. The number of carts the sidewalk vendor will operate within the city under the business license;
f. The location(s) in the city where the sidewalk vendor intends to operate; g. The day(s) and hours of operation the sidewalk vendor intends to operate at such location(s);
h. A description of the type of food(s) to be sold from a sidewalk vendor selling food, whether such food(s) is prepared on site, whether such food will require a heating element inside or on the cart for food preparation, and the type of heating element if any; i. A copy of the county health permit for each sidewalk vendor selling food by this chapter;
j. Whether the sidewalk vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor and, if roaming, the intended path of travel; k. The dimensions of the sidewalk vendor's cart(s), including a picture of each cart operating under the sidewalk vendor permit and any signs that will be affixed thereto;

6 l. Whether the sidewalk vendor will be selling food, merchandise, or both. if the sidewalk vendor is selling merchandise, a description of the merchandise to be sold; m. Proof that the sidewalk vendor possesses a valid California Department of Tax and Fee Administration seller's permit which notes the city as a location or sublocation, which shall be maintained for the duration of the sidewalk vendor's permit; n. An acknowledgement that the sidewalk vendor will indemnify the city from and against any and all third party claims, losses, obligations, or liabilities arising out of vendor’s actions or inaction related to operation of the sidewalk vending business; o. An acknowledgement that use of public property is at the sidewalk vendor's own risk, and the city does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities;
p. An acknowledgment that the sidewalk vendor will comply with all other applicable local, state, and federal laws;
q. A certification that under penalty of perjury, to the applicant's knowledge and belief, the information contained within the application is true and correct; r. A list of all other cities or other jurisdictions in which the sidewalk vendor has operated a cart within the past twelve (12) months, whether a permit was required to operate, and, if so, whether the permit has been revoked in the past twelve (12) months; and s. Any other relevant information required by the city manager, or the city manager's designee.

D. Such application shall be accompanied by the nonrefundable business license application fee as established by resolution of the city council.

5.04.430 - Issuance of license.

A. Within sixty (60) calendar days of receiving a complete application, the city manager, or the city manager's designee may issue a business license to a sidewalk vendor if he or she finds, based on all of the relevant information, that:

1. The conduct of such sidewalk vending activity will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare or encourage loitering;

2. The conduct of such sidewalk vending activity will not unduly interfere with normal governmental or city operations, threaten to result in damage or detriment to public property, or result in the city incurring costs or expenditures in either money or personnel not reimbursed in advance by the sidewalk vendor;

7 3. The conduct of such sidewalk vending activity will not constitute a fire hazard;

4. The conduct of such sidewalk vending activity will not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the city;

5. The sidewalk vendor has paid all previous administrative fines, completed all community service, and/or completed any other alternative disposition associated in any way with a previous violation of this chapter;

6. The sidewalk vendor has not had a previous business license for sidewalk vendor activity revoked by the city more than once during the preceding five (5) years;

7. The application for a sidewalk vendor contains all required information and the sidewalk vendor has not made a materially false, misleading or fraudulent statement of fact to the city in the application process;

8. The sidewalk vendor has satisfied all the requirement of this chapter;

9. The sidewalk vendor has paid the business license fee;

10. The sidewalk vendor's cart and proposed activities conform to the requirements of this chapter;

11. The sidewalk vendor has not been convicted of, or entered a plea of guilty or nolo contendere to any offense which is a crime of moral turpitude or a crime that is violent or sexual in nature, as defined by state and/or local law , within the last five (5) years;

12. The sidewalk vendor has not had an individual or business permit or license with any agency, board, city, county, territory, or state denied, revoked, restricted, or suspended within the last two (2) years; this requirement may be waived by the city manager or his or her designee for good cause shown; and

13. The sidewalk vendor has not had an injunction issued against him/her for nuisance, as defined by state or local laws, within the last five (5) years.

5.04.440 - County health permit requirement.

It is unlawful for any person to operate a cart that sells food in the city without a current and valid permit, certificate, or other authorization as required by the County of Los Angeles Department of Environmental Health. A copy of said health permit shall be kept in the cart at all times and displayed in conspicuous view upon each cart.

5.04.450 - Term and renewal.

8 All business licenses for sidewalk vendors issued under this chapter shall expire one year from the date of issuance, unless earlier revoked in accordance with the provisions of this chapter.

The procedures for license renewal as set forth in article I of this chapter are applicable to licenses for sidewalk vendors.

5.04.460 - License nontransferable.

Business licenses for sidewalk vendors are non-transferable. Any change in ownership or operation of a cart requires a new business license as set forth in this article.

5.04.470 - Exceptions.

No person shall conduct sidewalk vending activities within the city without first obtaining a business license issued pursuant to the requirements set forth in this article V from the city, except under the following conditions:

A. A general business license issued pursuant to the requirements set forth in article I of this chapter shall be required when the sidewalk vending activity is associated with the operation of a city-permitted special event, subject to the conditions thereof.

B. A general business license issued pursuant to the requirements set forth in article I of this chapter shall be required when the sidewalk vending activity is limited to a cart on private property with the written authorization of the property owner or lawful lessee/tenant, operating solely for private purposes and service is limited to the guests of the property owner or lawful lessee/tenant only.

5.04.480 - Operating conditions.

Every sidewalk vendor is subject to the following operating conditions when conducting sidewalk vendor activities:

A. No stationary sidewalk vendor shall conduct sidewalk vendor activities anywhere in a residential zone in the city, with the exception of locations adjacent to commercial storefronts located within a residential zone. Roaming sidewalk vendors shall only conduct business in residential zones between sunrise and sunset, with the exception of private events on private property.

B. All food and merchandise shall be stored either inside or affixed to the cart or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on any public property. If affixed to the cart, the overall space taken up by the cart shall not exceed the size limitations provided in this section.

C. Carts and any attachments thereto shall not exceed a total height of four (4) feet, a total width of four (4) feet, and a total length of four (4) feet. Notwithstanding the height limit set

9 forth herein, a vendor may utilize an umbrella or other covering to have shade for his/her personal comfort and safety.

D. To maintain accessibility standards for the city's disabled residents, every sidewalk vendor operating on any sidewalk must ensure that no obstruction is placed in or on the sidewalk that would reduce the width of the sidewalk to fewer than thirty-six (36) inches, exclusive of the top of the curb. No obstruction shall be located in a sidewalk less than six (6) feet in width when the sidewalk is adjacent to the curb.

E. Sidewalk vendors shall locate their cart and/or their person in a manner that maintains a minimum three (3) foot (or such wider distance as may be necessary to comply with the requirements of the Americans with Disabilities Act) clear accessible path for pedestrian ingress and egress free from obstructions, including cart and customer queuing area.

F. All signage and advertising related in any way to the sidewalk vendor shall be attached to the cart or the sidewalk vendor's person.

G. Sidewalk vendors shall not use any electrical, flashing, wind powered, or animated sign.

H. Carts shall not be stored on public property and shall be removed when not in active use by a sidewalk vendor.

I. Sidewalk vendors shall not leave their carts unattended without first assigning a person to safely supervise the cart while the vendor uses the restroom, or obtains food and/or water for a short duration of time (fewer than thirty (30) minutes).

J. If a sidewalk vendor uses propane or compressed natural gas, all of the following shall apply:

1. The gas tanks shall be enclosed;

2. No cart shall carry more than 80 pounds of propane or natural gas at any time;

3. All propane and natural gas containers shall be properly labeled with prominent safety placards;

4. Placement of the propane or natural gas tank shall allow for adequate ventilation and screening of the tank;

5. Tanks shall be stored in an upright position and positioned in a way to prevent falling, tipping, and/or tampering; and

6. Tanks shall be disconnected when the cart is in transit or not in use.

10 K. Sidewalk vendors that sell food shall maintain a trash container in or on their cart and shall not empty their trash into public trashcans. The size of the sidewalk vendor's trash container is included towards the total size limit of a cart.

L. Sidewalk vendors shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation. Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to sidewalk vendor activities that falls on public property.

M. No sidewalk vendor shall discharge liquid upon any public street, sidewalk or premises in the city.

N. Sidewalk vendors shall not block an entrance into a building, structure or facility, or obstruct any door or window.

O. Stationary sidewalk vendors shall not cause, allow, or maintain the placement of tables, chairs, shade structures, tents, umbrellas, other furniture, rugs, towels, fabric of any kind in public spaces or in any portion of the public right-of-way, with the exception of an umbrella or other covering that is solely for the purpose of providing shade for the vendor P. Sidewalk vendors shall not store or leave unattended vending equipment or receptacles in public spaces or in any portion of the public right-of-way.

Q. Sidewalk vendors shall use and vent any gas, battery-powered or electrical generators in accordance with manufacturer’s specifications.

R. Sidewalk vendors, including but not limited to all generators and/or other equipment, shall comply with the noise standards set forth in this Code.

5.04.490 - Prohibited activities and locations.

A. Sidewalk vendors shall comply with all federal, state and local laws and regulations.

B. Carts shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trash cans or traffic barriers.

C. Sidewalk vendors shall not engage in any of the following activities:

1. Conducting sidewalk vending activity on privately-owned property without the written authorization of the property owner or lawful lessee/tenant;

2. Renting merchandise to customers;

3. Displaying merchandise or food that is not available for immediate sale;

11 4. Selling of live animals, alcohol, marijuana, adult oriented material, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or marijuana;

5. Using an open flame on or within any cart;

6. Using an electrical outlet or power source that is owned by the city or another person other than the sidewalk vendor without the owner of such power source’s written consent;

7. Providing or selling any service to any person;

8. Continuing to offer food or merchandise for sale, following, or accompanying any person who has been offered food or merchandise after the person has declined the offer to purchase food or merchandise;

9. Knowingly making false statements or misrepresentations during the course of offering food or merchandise for sale;

10. Blocking or impeding the path of person(s) being offered food or merchandise to purchase;

11. Making any statement, gesture, or other communication which a reasonable person in the situation of the person(s) being offered food or merchandise to purchase would perceive to be a threat and which has a reasonable likelihood to produce in the person(s) a fear that the threat will be carried out;

12. Touching the person(s) being offered food or merchandise without that person(s) consent.

13. Advertising any product or service that is not related to the food or merchandise being offered for immediate sale;

14. Using any horns, music, lights, visual media, or sound amplifying device unless expressly approved in the license, provided, however, that a vendor may use a light solely for operational or personal safety purposes

15. Placing a cart outside of any pathway or sidewalk when engaging in sidewalk vending activities;

16. Physically altering or otherwise damaging the sidewalk;

17. Fastening or affixing any item, including but not limited to, tape, strap, chain, tie, band, or rope, to any public property, with the exception of tape used for social distance markers;

18. Providing or selling any service to any person; or

19. Placing of any type of fencing or other divider around the vending area.

12 D. All sidewalk vendor activities shall comply with the Americans With Disabilities Act, as the same may be amended from time to time, as well as with the proposed accessibility guidelines for pedestrian facilities in the public right-of-way.

E. Sidewalk vendors shall not engage in sidewalk vending activities at the following locations:

1. Any residential zone in the city:
a. Stationary sidewalk vendors shall not operate on sidewalks or pathways directly adjacent to or within residential areas.

2. Upon or within any roadway, median strip, area adjacent to a highway offramp, or in areas that separate opposing lanes of traffic on divided roadways.

4. Vending in parks:
a. Sidewalk vendors are prohibited from vending in a park owned or operated by the city where the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. Such restriction, if imposed, shall be set forth as a condition of approval of the sidewalk vendor permit and identify the restricted park(s).
b. Sidewalk vendors are prohibited from vending in a park owned or operated by the city in a manner that impedes the public's use and enjoyment of natural resources and recreational opportunities, or that causes an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park. Such restriction, if imposed, shall be set forth as a condition of approval of the sidewalk vendor permit and identify the restricted park(s).
c. Sidewalk vendors shall not vend in the following locations within a park:
i. Within twenty (20) feet of any field or court that is primarily designed for use in a sporting activity (including, but not limited to, baseball field, softball field, basketball court, tennis court, soccer field, volleyball court, and handball court), while said area is in use;
ii. Within twenty (20) feet of any playground, pool, or exercise area while said area is in use.

5. Jane Reynolds Park. Sidewalk vendors shall not conduct sidewalk vending activities at Jane Reynolds Park. Jane Reynolds Park provides for a high volume of pedestrians, bicyclists,

13 and skaters to travel in each direction. Restrictions on sidewalk vending are necessary to protect the public from injury given the park's popularity as a tourist destination. Notwithstanding this prohibition, the city may designate specific areas within the park that may be offered to sidewalk vendors for vending activity. In the event the city does designate such areas, vendors shall only conduct operations within said designated areas.

6. Lancaster Boulevard. Sidewalk vendors shall not conduct sidewalk vendor activities on Lancaster Boulevard. Lancaster Boulevard is a heavily crowded area. permitting any sidewalk vendor activity would result in an undue concentration of commercial activity at Lancaster Boulevard that unreasonably interferes with traffic, existing business, and pedestrian ingress and egress.

7. Within immediate vicinity of:
a. A certified farmers' market or certified swap meet during the hours of its operation; or
b. An area designated for a special event permit for the limited duration of the permitted event;

8. Within one (1) block of:
a. Public or private school, a place of worship, or a child day-care facility between 8:00 a.m. to 5:00 p.m. on days in which school is open.

9. Within two hundred (200) feet of:
a. A police station, fire station, or hospital.

10. Within twenty (20) feet of:
a. Another sidewalk vendor;
b. The intersection of a cross-walk and a sidewalk;
c. Any public picnic area, playground area or playground equipment; d. Any public community center, athletic field, softball/baseball diamond, basketball court, handball court, pickleball court, tennis court, soccer field, or volleyball court.

11. Within twenty-five (25) feet of:
a. A fire hydrant;
b. A curb which has been designated as a white, yellow, blue, or red zone, or a bus zone;

14 c. An automated teller machine;
d. A transit shelter;
e. A bus stop; and/or
f. A restroom or similar public use item.

12. Within fifteen (15) feet of:
a. Any street corner or marked pedestrian crosswalk;
b. The outer edge of any entrance to any business, including, but not limited to, doors, display windows, vestibules, and driveways during the hours that any business on the premises is open to the public or to persons having or conducting lawful business within those premises.
c. The outer edge of any area permitted for sidewalk or outdoor dining including, but not limited to, sidewalk or outdoor dining entries and exits during the hours the business is open to the public; and
d. Any driveway or alley approach.

13. Within five (5) feet of:
a. Any area improved with lawn, flowers, shrubs or trees; and b. Any traffic signal controller, traffic signal pole, power pole, street light pole, general utility pole, above ground cabinet, general utility facility, manhole, parking meter, regulatory and directional signs, street furniture, or street art sculptures.

The city manager or the city manager's designee may adopt administrative regulations imposing additional requirements consistent with this chapter and all other applicable laws in order to regulate the time, place, and manner of vending.

5.04.500 - Revocation of license.

Any sidewalk vendor permit may be revoked by the city manager, or the city manager's designee for good cause shown including but not necessarily limited to any of the following reasons:

A. Citation for vendor's fourth or subsequent violation of the requirements set forth in this chapter.

B. Falsification of any information supplied by the sidewalk vendor upon which issuance of the license was based.

15 C. Failure of the sidewalk vendor, or any employees or subcontractors of the operator or vendor, to comply with the regulations set forth in this chapter.

D. Conviction of a violation, or plea of guilty or nolo contendere, by the sidewalk vendor, or any employee, subcontractor or independent contractor of the permittee, of any federal or state law, or municipal ordinance while in the course of conducting sidewalk vendor activity pursuant to the city business license.

E. Conviction of a violation, or a plea of guilty or nolo contendere, by the sidewalk vendor of any applicable provision or requirement of this section.

F. Conviction of, or a plea of guilty or nolo contendere, by the sidewalk vendor of any misdemeanor, or conspiracy to commit, or attempt to commit, the same, which is a crime of moral turpitude or a crime that is violent or sexual in nature, as defined by state and/or local law.

G. No sidewalk vendor whose license is revoked shall be eligible to apply for a new license for a period of one (1) year following such revocation.

H. In the event of a sidewalk vendor who owns more than one (1) cart, the revocation shall apply to the license for each truck or cart.

5.04.510 - Appeal procedures.

A. Any sidewalk vendor applicant or permittee who is aggrieved by any decision of the city manager or his/her designee regarding the issuance, conditioning, denial, suspension or revocation of a business license may appeal the decision before an independent hearing officer in accordance with the procedures set forth in article I of this chapter.

B. Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to further contest the decision; in this event, the city manager’s decision is final and binding.

5.04.520 - Penalties.

A. Violations of any of the provisions of this chapter shall not be prosecuted as infractions or misdemeanors but shall be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the fee schedule in Section

1.12.020 of Chapter 1.12 of this code.

B. The city manager, or the city manager's designee may rescind a sidewalk vendor's business license for the term of that license upon the fourth violation or subsequent violations.

5.04.530 - Ability-to-pay determinations.

16 When assessing an administrative fine under this chapter, the city will take into consideration a sidewalk vendor's ability to pay the fine, in the manner set forth in Section 1.16.085 of Chapter

1.16 of this code.

5.04.540 – Nuisance; Impoundment.

The city council finds and declares that sidewalk vendor activity conducted in violation of (a) the provisions of this article and (b) state law, constitutes a public nuisance subject to abatement.

A. Any enforcement officer may abate a public nuisance by impounding vending equipment, carts, goods or any merchandise which constitutes an imminent hazard to public health or safety.

B. Food, equipment and utensils are subject to immediate impoundment in accordance with Section 114393 of the Calif. Health and Safety Code, if they are determined to be unsanitary or in such disrepair that food, equipment or utensils may become contaminated or adulterated.

C. A vendor whose license has been revoked or denied, or who has been found to be operating without a city business license on more than three days within any 12-month period, is subject to impoundment of vending equipment, carts, goods or merchandise, at any time after exhaustion of vendor’s administrative remedies.

D. A vendor may request an administrative hearing to appeal the abatement of the public nuisance by impoundment, pursuant to chapter 8.28 of this code, which hearing shall be before an independent hearing officer.

E. Upon any impoundment pursuant to this chapter, the enforcement officer shall issue to the vendor a written receipt describing with reasonable particularity the equipment, carts, goods or merchandise so impounded. In the event the vendor is not present at the time of the impoundment, the city shall conduct a reasonable investigation to determine the owner of the impounded items and mail the written receipt to the owner’s address, if known.

F. The city shall store impounded equipment, carts, goods or merchandise for a period of ninety (90) days. If the property is not claimed within that period, the city may sell or otherwise dispose of the property.

G. A person claiming ownership of impounded vending equipment, carts, goods or merchandise may reclaim such materials within ninety (90) days of impoundment, upon payment of the city’s abatement costs related to impounding nuisance equipment, and proper proof of ownership.

H. A vendor whose license has been revoked or denied, or who has been found to be operating without a city business license within thirty (30) days of reclaiming impounded vending equipment, carts, goods or merchandise shall be subject to immediate re-impoundment of such materials.

17 5.04.550 - Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, and each section, subsection, paragraph, sentence, clause, phrase or portion thereof, irrespective of the fact that any one (1) or more sections, subsections, phrases, clauses or portions be declared invalid or unconstitutional.

5.04.560 - Community service in lieu of payment of penalty.

As an alternative to paying the amount of the administrative citation, a sidewalk vendor may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter

1.16 of this code.

City of Lancaster
Sidewalk Vending Prohibited Areas
Lancaster
City Hall
Lancaster
Performing Arts
Center
N
Legend
Prohibited Areas for Sidewalk Vending*
*And other areas as indicated in Lancaster
Municipal Code SecƟon 5.04.490

STAFF REPORT
City of Lancaster
NB 3
10/24/2023
JC
Date: October 24, 2023
To: Mayor Parris and City Council Members
From: Jason Caudle, City Manager
Subject: Ordinance No. 1109 Adding Chapter 2.60 to the Lancaster Municipal Code Relating to the Protection of City Facilities and Personnel Recommendation:

Introduce Ordinance No. 1109 Adding Chapter 2.60 to the Lancaster Municipal Code relating to the protection of city facilities and personnel.

Fiscal Impact:

Unknown at this time and will be included in the annual budget.

Background:

In recent years, the City has received an increasing number of security threats to its facilities, elected officials and personnel, which threats interfere with the City’s ability to properly function.

This
Ordinance would allow the City to provide the necessary protection of its facilities, officials and personnel.

Attachment:

Ordinance No. 1109
ORDINANCE NO. 1109

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LANCASTER ADDING CHAPTER 2.60 TO THE LANCASTER

MUNICIPAL CODE RELATING TO THE PROTECTION OF CITY

FACILITIES AND PERSONNEL
WHEREAS, the City of Lancaster (“City”) has received an increasing number of security threats to its facilities and personnel, which interfere with the City’s ability to properly function; and
WHEREAS, the City desires by this Ordinance to authorize the provision of protection and security services to certain facilities and personnel.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The above recitals are true, correct, and constitute a substantive part of this Ordinance.

Section 2. Chapter 2.60 is hereby added to the Lancaster Municipal Code to read as set forth in Exhibit A, which is attached hereto and incorporated herein.

Section 3. If for any reason any portion of this Ordinance is found to be invalid by a court of competent jurisdiction, the balance of this Ordinance shall not be affected.

Section 4. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage.

I, Andrea Alexander, City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the _____ day of __________________, 2023, and placed upon its second reading and adoption at a regular meeting of the City Council on the _____ day of __________________, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:

ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
A-1

EXHIBIT A
CHAPTER 2.60

PROTECTION OF CITY FACILITIES AND PERSONNEL

2.60.010 Definitions

2.60.020 Protection of City Facilities and Personnel

2.60.030 Request for and Approval of Protection and Security Services

2.60.040 Provisional Approval of Request for Protection and Security Services

2.60.050 Reimbursement for Protection and Security Services

2.60.060 City Manager’s Obligation and Authority to Implement Chapter

2.60.010 Definitions
“City” means the City of Lancaster.
“City Manager” means the City Manager of the City of Lancaster, or his or her designee. “Department head” means the department head of any department of the City. “Eligible City facility” means any real property, building, or other structure that is owned, leased, rented, or occupied by the City.
“Eligible City personnel” means and includes any member of the City Council, the City Manager, any City employee, and/or any agent acting on behalf of the City. “Protection and security services” means, with respect to an eligible City facility, physical security measures that are designed to deny unauthorized access to facilities, equipment, and resources and to protect persons and property from damage or harm (e.g., CCTV surveillance, security guards, protective barriers, locks, access control, perimeter intrusion detection, deterrent systems, fire protection, and other systems designed to protect persons and property). With respect to eligible City personnel, “protection and security services” means and includes security and risk mitigation measures taken to ensure the individual’s safety (e.g., home security systems, personal security detail, armored vehicles and vehicle scramble plans, mail screening, background checks for other employees, and other precautions).

2.60.020 Protection of City Facilities and Personnel
The City may provide protection and security services for any eligible City facility or eligible City personnel as set forth in this Chapter. Nothing contained in this Chapter establishes a right to receive or be reimbursed for protection and security services.

2.60.030 Request for and Approval of Protection and Security Services A. Any member of the City Council, the City Manager, or the Los Angeles County Sheriff’s Department may make a request to the City Council for protection and security services A-2
pursuant to this Chapter. Any other eligible City personnel may submit a request to the City Manager under this Chapter and the City Manager shall thereafter determine whether to submit such request to the City Council. The City Council may consider and act on a request made pursuant to this Chapter at any regular, special, or emergency meeting, subject to applicable law.

The City Council may consider and/or act on a request pursuant to this Chapter in a closed session, as and to the extent permitted by applicable law.

B. The City Council may by ordinance, resolution, minute order, or other action approve, conditionally approve, or deny a request made pursuant to this Chapter. An approval or conditional approval shall be supported by written findings that (1) a security threat exists, (2) such security threat is related to, the result of, or may interfere with official business, and (3) the approval or conditional approval is made pursuant to this Chapter. Such findings shall be conclusive. In the event an approval or conditional approval under this Chapter omits any required finding, such finding shall be deemed made by virtue of the approval or conditional approval.

The omission of a required finding shall not invalidate an approval or conditional approval.

C. The City Council may impose any requirement, condition, or limitation on an approval or conditional approval.

2.60.040 Provisional Approval of Request for Protection and Security Services A. If a security threat upon which a request is made pursuant to this Chapter may result in damage to/destruction of an eligible City facility or physical injury to eligible City personnel, the City Manager may immediately act on and provisionally approve the request. A provisional approval under this Section shall (1) be supported by a finding that immediate protection and security services are necessary because the underlying security threat may result in damage to/destruction of an eligible City facility and/or physical injury to eligible City personnel before the City Council may take final action on the request, (2) be for a period of sixty (60) days, or for such shorter period as determined by the City Manager, (3) be a conclusive determination that the provisionally approved protection and security services are in response to a security threat that is related to, the result of, or may interfere with official business, and (4) be a conclusive determination that the provisionally approved protection and security services constitute a lawful expenditure of City funds.

B. The City Council may take final action pursuant to Section 2.60.030 on a provisionally approved request before or after the provisional approval expires.

2.60.050 Reimbursement for Protection and Security Services A. A person eligible to receive protection and security services under this Chapter may request reimbursement for the reasonable cost of protection and security services hired directly and actually paid by such person. A request for reimbursement under this section shall be submitted to the City Manager and the City Manager shall thereafter submit the request, together with a recommendation, to the City Council.

B. The City Council may approve (in whole or in part) or deny (in whole or in part) a request for reimbursement under this Section in its sole discretion. An approval (whether in whole or in part) shall be supported by written findings that (1) the requestor is eligible to receive A-3
protection and security services under this Chapter, (2) a security threat exists, (3) such security threat is related to, the result of, or may interfere with official City business, and (4) the type and cost of protection and security services for which reimbursement is approved is substantially similar to what the City would have provided under Section 2.60.030, and (5) the approval is made pursuant to this Section. Approval of a request for reimbursement shall constitute a conclusive determination that the protection and security services being reimbursed are in response to a security threat that is related to, the result of, or may interfere with official City business, and constitute a lawful expenditure of City funds.

2.60.060 City Manager’s Obligation and Authority to Implement Chapter A. The City Manager may do any or all of the following to implement the provisions of this Chapter:

1. Adopt policies, procedures, and forms consistent with the provisions of this Chapter;

2. Issue interpretations and define words/phrases not specifically defined in this Chapter or this Code;

3. Enter into a contract, or amend an existing contract, with the County of Los Angeles for the Los Angeles County Sheriff’s Department to provide protection and security services;

4. Hire or enter into contracts with qualified and duly licensed private persons and/or entities to provide protection and security services; and/or

5. Take any other action the City Manager determines is reasonably necessary to implement and achieve the objectives of this Chapter.

B. In the event of a conflict between the provisions of this Chapter and any action of the City Manager under this Section, the provisions of this Chapter shall control. The City Council may review and, in its discretion, modify or rescind any action of the City Manager under this Section.

STAFF REPORT
City of Lancaster
NB 4
10/24/2023
JC
Date:October 24, 2023
To: Mayor Parris and City Council Members
From:Andrea Alexander, City Clerk
Subject:General Municipal Election – April 09, 2024
Recommendation:

1. Adopt Resolution No. 23-61, calling for a General Municipal Election to be held on Tuesday, April 09, 2024, for the election of certain officers as required by the provisions of the applicable laws of the state of California and the City of Lancaster, City Charter.

2. Adopt Resolution No. 23-62, requesting the Board of Supervisors of the County of Los Angeles to render specified services to the City relating to the conduct of a General Municipal Election to be held Tuesday, April 09, 2024.

3. Adopt Resolution No. 23-63, adopting regulations for candidates for elective office, pertaining to filing fees and candidate statements submitted to the voters at an election to be held Tuesday, April 9, 2024.

4. Adopt Resolution No. 23-64, providing for the conduct of a special runoff election for elective offices in the event of a tie vote at any municipal election.

5. Direct staff to conduct a standalone all-mail ballot general municipal election and approve the following Professional Services Agreements to provide election support services.

A. Hart InterCivic for ballot design, tabulation software, equipment, and associated services an amount not to exceed of $89,197.94;
B. ProVote Solutions for ballot production, print and mail services an amount not too exceed $159,429.99;
C. SnailWorks for mail tracking in the amount of $2,355.

6. Appropriate an additional amount of $209,427 to the election budget for a total of $350,000.

Fiscal Impact:
1 4
2 0
The estimated cost for the election is $350,000. Currently, $140,573 included in the adopted budget. An additional $209,427 would need to be appropriated to cover the cost.

Background:

During odd numbered years, the City Council adopts the necessary resolutions to proceed with the General Municipal Election in April of even-numbered years. These resolutions fulfill certain legal requirements to conduct the General Municipal Election, request information and supplies from the County of Los Angeles, establish guidelines and costs associated with candidate statements, and make provisions to conduct a special runoff election in the event of a tie vote.

The General Municipal Election of the City of Lancaster will be held on Tuesday, April 09, 2024, for the purpose of filling the positions of Mayor and two (2) Council Member seats.

On September 14, 2021, Ordinance No. 1086 was adopted which re-established the City’s General Municipal Election on the second Tuesday in April of even-numbered years. The term for the position of Mayor and two (2) Council Member seats to be voted on at the April 09, 2024 General Municipal Election will be for a full term of four years.

Election Vendors
Hart InterCivic is recommended for certified ballot processing and counting software and equipment, (Attachment “A”), provides election technologies and services to government jurisdictions, and has an excellent reputation for producing safe, secure, and transparent election results. Hart InterCivic successfully provided services in the City’s 2022 Election. Consistent with services provided in the 2022 Election, the equipment continues to use the latest technology in scanning and data-breach prevention security to meet all State and Federal standards. The closed-system is not dependent on outside service providers, and it is not connected to the internet. Because the ballot scanning computer is not connected to the tabulation computer, and ballot scanning and inspection takes considerable time as provided by the Elections Code, staff is currently planning to start scanning qualified vote-by-mail ballots on the separate computer the week prior to the election so ballots will be ready for tabulation on a separate computer after the close of polls. The estimate for Hart to provide the necessary services and equipment rental is $84,197.94, this does not include delivery and return cost for the equipment or taxes; hence we are requesting approval not to exceed $89,197.94 (an additional $5,000.) ProVote Solutions is recommended to serve as the certified election printer for ballot printing, and mailing (Attachment “B”). ProVote provides specialty elections printing in its two manufacturing facilities in California. They are one of only five international printers who have achieved NASPO/ANSI security certification for complying with strict risk mitigation standards.

Like Hart InterCivic, ProVote successfully provided service for the City’s 2022 election. The estimate for ProVote to provide the necessary services is $154,429.99 (we are requesting approval of $159,429.99, an additional $5,000) to provide for additional services that may be needed from this vendor.

SnailWorks is recommended for mail tracking as it allows election staff to determine mail data such a delivery or return of a ballot at a specific location. The estimate for SnailWorks is approximately $2,355.
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The City of Lancaster partnered with the City of Whittier in 2022 to utilize its GEM software.

The GEM software program allows staff to track ballots as received. The estimate for the GEM software is $10,000.

The City will request that the County of Los Angeles provide specified services, pursuant to Elections Code § 10002. The County of Los Angeles will provide Voter data, Ballot Drop-Off boxes and other services. The City successfully used Ballot Drop-Off boxes in its 2022 election. The estimate for the County of Los Angeles to provide the necessary services is an amount not to exceed $5,000.

Candidate Statements
Candidates have the option of providing a candidate statement of not more than 400 words, stating the candidate’s background, education, and qualifications as expressed by the candidate.

Consistent with the last election in 2022, the candidate statements will appear in the voter information guide in both English and Spanish. Pursuant to Elections Code § 10228 and the Lancaster Municipal Code, all candidates filing nomination papers are required to pay a filing fee of $25.00. Additionally, the City Clerk shall estimate the costs associated with candidate statements and is not bound by this estimate, as the price of paper fluctuates, and the cost of printing and mailing varies depending upon how many candidates qualify for the ballot and choose to submit candidate statements.

Nomination Period
The filing period for the April 09, 2024 Election begins Monday, December 18, 2023 and ends at 5:00 p.m. on Friday, January 12, 2024. According to Elections Code § 10225, if any incumbents for a specific office fail to file by the close of office hours on January 12, 2024, the filing period will be extended (5) five calendar days for that specific office, for non-incumbents only, thus closing Wednesday, January 17, 2024 at the close of office hours – 5:00 p.m.

Conclusion
Staff is requesting Council approval of all resolutions for compliance with the Elections Code and to move forward with the election process.

Attachment:

Resolution No. 23-61
Resolution No. 23-62
Resolution No. 23-63
Resolution No. 23-64
Attachment A-Agreement with Hart InterCivic
Attachment B-Agreement with ProVote Solutions
Attachment C- Agreement with SnailWorks
RESOLUTION NO. 23-61

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LANCASTER, CALIFORNIA, CALLING FOR THE HOLDING OF A

GENERAL ALL-MAIL BALLOT MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, APRIL 9, 2024, FOR THE ELECTION OF
MAYOR AND TWO (2) CITY COUNCIL MEMBERS AS REQUIRED

BY THE PROVISIONS OF THE APPLICABLE LAWS OF THE STATE

OF CALIFORNIA AND THE CITY OF LANCASTER CITY CHARTER
WHEREAS, under the provisions of the applicable laws in the State of California and the City of Lancaster City Charter, a General All-Mail Municipal Election shall be held on April 9, 2024 for the election of Mayor and two (2) City Council Members.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the applicable laws of the State of California and the City of Lancaster City Charter, there is called and ordered to be held in the City of Lancaster, California, on Tuesday, April 9, 2024, a General Municipal Election for the purpose of electing a Mayor and two Council Members for a full term of four years.

SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 3. Notwithstanding any provision of the California Elections Code, the Election Official shall provide a sufficient number of vote-by-mail ballots that may be necessary in each precinct. The Election Official may use the voter turnout history in each precinct as criterion.

SECTION 4. That the City Clerk is authorized, instructed, and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 5. That pursuant to the City of Lancaster Municipal Code, and other applicable provisions of the City Charter and ordinances of the City of Lancaster, said Election shall be conducted by all-mail ballot, and shall be conducted pursuant to Chapter 2 of Division 4 (commencing with Section 4100) of the California Elections Code only insofar as required by law, and only where not inconsistent with the Charter and ordinances of the City of Lancaster.

SECTION 6. Ballots cast in this Election shall be returned in accordance with the procedures of the California Elections Code. Ballots that are postmarked on Election Day and received no later than 7 days following the day of the Election will also be counted.

SECTION 7. That in all particulars not recited in this resolution, the Election shall be held and conducted as provided by law for holding municipal elections.

Resolution No. 23-61

Page 2 ends

SECTION 8. That notice of the time and place of holding the Election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 9. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

SECTION 10. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED and ADOPTED this 24th day of October, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
______________________________ _________________________ ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
Resolution No. 23-61

Page 3 ends

CITY OF LANCASTER )

CERTIFICATION OF RESOLUTION

CITY COUNCIL
I, ___________________________, __________________________, City of Lancaster, CA, do hereby certify that this is a true and correct copy of the original Resolution No. 23-61, for which the original is on file in my office.

WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _______, day of ___________________________, ________.
(seal)
____________________________________
RESOLUTION NO. 23-62

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LANCASTER, CALIFORNIA, REQUESTING THE BOARD OF

SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER

SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT

OF A GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY,
APRIL 9, 2024
WHEREAS, A General Municipal Election is to be held in the City of Lancaster, California, on April 9, 2024; and
WHEREAS, in the course of conduct of the election it is necessary for the City to request services of the County; and
WHEREAS, The City has determined that it is more cost-effective to conduct their own “stand-alone” election, and requires various services from the County in order to do so; and WHEREAS, all necessary expenses in performing these services shall be paid by the City of Lancaster.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the provisions of § 10002 of the Elections Code of the State of California, this City Council requests the Board of Supervisors of the County to permit the County Election Department to prepare and furnish the following for use in conducting the election:

1. Electronic files of county precincts with number of registered voters in each, consolidation of precincts into city voting precincts as directed by the City Clerk, and creation of maps of the voting precincts;

2. Electronic files listed by City’s consolidated precincts, including confidential voters and foreign language voters clearly indicated, and for Military and Overseas voters mailing, Permanent Vote-by-Mail voter mailing, E-60, E-29, and E-14 voters, and other electronic files as requested;

3. A list of polling places and/or vote centers, and poll workers the county uses for their elections;

4. Temporary use of ballot drop-off boxes within Lancaster during the Vote-by- Mail period, and for one week following the election;

5. Access to the voter record of the names, addresses and signatures of all eligible registered voters in the City

6. Voter signature verification services as needed;

7. Make available to the City, election equipment and assistance as needed according to state law.

Resolution No. 23-62

Page 2 ends

SECTION 2. That the City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill.

SECTION 3. That the City Clerk is directed to forward without delay to the Board of Supervisors and to the County Election Department, each a certified copy of this Resolution.

SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED and ADOPTED this 24th day of October, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
______________________________ _________________________ ANDREA ALEXANDER R. REX PARRIS City Clerk Mayor
City of Lancaster City of Lancaster
Resolution No. 23-62

Page 3 ends

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

CITY OF LANCASTER )

CERTIFICATION OF RESOLUTION

WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _______, day of ___________________________, ________.
(seal)
____________________________________
RESOLUTION NO. 23-63

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LANCASTER, CALIFORNIA, ADOPTING REGULATIONS

FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING

TO FILING FEES AND CANDIDATE STATEMENTS

SUBMITTED TO THE VOTERS AT AN ELECTION TO BE
HELD TUESDAY, APRIL 9, 2024
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate statement;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. General Provisions.

That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an election to be held in the City of Lancaster on April 9, 2023, may prepare a candidate statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 400 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed, in typewritten form printed on form prescribed by the City Clerk, and provided to the City Clerk in electronic (Word) format, in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

SECTION 2. Foreign Language Policy.

A. Pursuant to the Federal Voting Rights Act, the City is required to translate candidate statements into the following language: Spanish
B. Pursuant to State law, the candidate’s statement must be translated and printed (in the voters pamphlet) in Spanish and any other language at the candidate’s request and expense.

C. The City Clerk shall:

1. Translations:
a. Have all candidates statements translated into Spanish as specified in (A) above. b. Have translated those statements into the other languages as requested by the candidate in (B) above

2. Printing:
a. Print all translations of all candidates statements in the main voter pamphlet.

The main voter pamphlet will be in English and Spanish
SECTION 3. Payment.

A. Translations:

1. The candidate shall be required to pay for the cost of translating the candidate’s statement into any foreign language that is not required as specified in Section 2 (A) and/or (B) [Spanish] above, pursuant to Federal and/or State law, but is requested as an option by the candidate.

Resolution No. 23-63

Page 2 ends

B. Printing:

1. The candidate shall be required to pay for the cost of printing the candidate’s statement in English and Spanish and the translation in the voters’ pamphlet; all translations shall be provided by professionally-certified translators.

2. The candidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language other than what is specified in Section 2 (A) and/or (B) in the voters’ pamphlet.

The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate’s statement filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voters’ pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

SECTION 4. Filing Fee.

Candidates will be required to pay a $25.00 filing fee when they submit their nomination papers as authorized in Elections Code Section 10228 and the Lancaster Municipal Code Section

2.04.050.

SECTION 5. Miscellaneous.

A. All translations shall be provided by professionally-certified translators.

B. The City Clerk shall allow (bold type) (underlining) (capitalization) (indentations) (bullets) (leading hyphens) to the same extent and manner as allowed in previous City elections.

C. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

SECTION 6. Additional Materials.

No candidate will be permitted to include additional materials in the sample ballot package.

SECTION 7.

The City Clerk shall provide each candidate or the candidate’s representative a copy of this resolution at the time nomination petitions are issued.

SECTION 8.

All previous resolutions establishing Council policy on payment for candidate statements are hereby repealed.

SECTION 9.

Resolution No. 23-63

Page 3 ends

This resolution shall apply only to the election to be held on April 9, 2024 and shall then be repealed.

SECTION 10.

The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED and ADOPTED this 24th day of October, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
______________________________ _________________________ ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

CITY OF LANCASTER )

CERTIFICATION OF RESOLUTION

CITY COUNCIL
I, ___________________________, __________________________, City of Lancaster, CA. do hereby certify that this is a true and correct copy of the original Resolution No. 23-63 , for which the original is on file in my office.

WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _______, day of ___________________________, __________.
(seal)
_______________________________________
RESOLUTION NO. 23-64

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LANCASTER, CALIFORNIA, PROVIDING FOR THE CONDUCT OF A

SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE

EVENT OF A TIE VOTE AT ANY MUNICIPAL ELECTION
WHEREAS, § 15651(b) of the Elections Code of the State of California authorizes the City Council, by a majority vote, to adopt provisions to require the conduct of a Special Runoff Election to resolve a tie vote involving those candidates who received an equal number of votes and the highest number of votes for an elective office.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to § 15651(b) of the Elections Code of the State of California, if any two or more persons receive an equal and the highest number of votes for an office to be voted for within the city, there shall be held within the city a Special Runoff Election to resolve the tie vote. A Special Runoff Election shall be called and held on a Tuesday not less than 40 nor more than 125 days after the administrative or judicial certification of the election which resulted in a tied vote.

SECTION 2. That this resolution shall apply only to the election to be held on April 09, 2024, and shall then be repealed.

SECTION 3, That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED and ADOPTED this 24th day of October, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
______________________________ _________________________ ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
Resolution No. 23-64

Page 2 ends

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

CITY OF LANCASTER )

CERTIFICATION OF RESOLUTION

WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _______, day of ___________________________, __________.
(seal)
_______________________________________
CA Verity Master Agreement _081720_09022020 1
VERITY

MASTER AGREEMENT
This Master Agreement (“Agreement”), entered into effective as of _______________, 202__ (“the Effective Date”) by and between Hart InterCivic, Inc., a Texas corporation (“ Hart”) and the Customer set forth below (” Customer”), sets forth the terms and conditions pursuant to which Customer may lease from Hart certain hardware (“ Hardware”) and procure certain related software (“Software”) licenses and support services (“ Software Support Services ”), warranty services (“Warranty Services”), and/or project management, operational training, election event support, and/or other services (“Professional Services”), from time to time. Hardware and Software may be referred to as “Products” and Warranty Services, Software Support Services and/or Professional Services may be referred to as “Services.” Products may be “Hart Hardware,” and “Hart Proprietary Software,” (i.e. “Hart Products”) or “Third Party Hardware” and “Sublicensed Software ” (i.e. “Third Party Products ”). The foregoing may be referred to together as the “ Verity system.”
Hart agrees to lease, license or provide to Customer Products and Services according to this Agreement, which includes all Exhibits. Customer agrees to all terms and conditions of this Agreement. Rent and other material terms of Customer’s initial commitment are as set forth in the Quote attached hereto as Exhibit A-1. This Agreement comprises the complete and exclusive agreement for the lease and license of the Products and the provision of the Services. Customer acknowledges it has read and understands this Agreement (including all Exhibits) and is entering into this Agreement only on the basis of the terms set forth herein.

Agreed and Accepted:

Customer Hart
Jurisdiction:

Name: Hart InterCivic, Inc.

Address: 15500 Wells Port Drive
Austin, Texas 78728
Attn.: Julie Mathis, CEO
Phone: __________________________ 800-223-4278
Facsimile: _________________________ 800-831-1485
E-mail: __________________________ [email protected]
Executed By:_______________________ __________________________ Name: __________________________ Julie Mathis
Title: __________________________ President & CEO
This Agreement is not effective until executed by both parties.

Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement.
$WWDFKPHQW$
CA Verity Master Agreement _081720_09022020 2

1. ORDERING
Customer may request quotations for Products or Services from ti me to time. The existence of this Agreement does not obligate Customer to request a quotation or lease, license or procure an y Products or Services from Hart. Any Customer request for quotation must include the following information: (i) description of requested Product or Services; (ii) unit quantity and/or d esired term; (iii) Hart’s part number and/or vendor part number, if applicable; (iv) current unit price as provided by Hart, if applicable; (v) correct shipping address, if applicable; and (vi) any other order information required by Hart. Each request for quotation sha ll identify the address of the shipping destination, if applicable. Customer may only make a request for quotation via facsimile a nd other Hart approved electronic ordering methods, including email. All Hart issued quotations are valid for only thirty (30) day s unless specifically stated on the quotation. If the quotation is signed by Customer within thirty (30) days, Hart will provide notice of its acceptance via countersignature within fifteen (15) days of the date on which it receives Customer’s signature on the Hart quotation. Failure to provide such written acceptance shall be deemed Hart’s rejection of the order. Hart reserves the right to accept or reject any order initiated by Customer in Hart’s sole discretion. Only signed quotations will obligate the parties to the te rms of such quotations and this Agreement with respect to the applicab le Products and/or Services. Each accepted quotation shall be subject to the terms and conditions of this Agreement and shall be attached hereto as Exhibit A (Exhibit A-1 for the first Prod ucts and Services sold and successive Exhibit As (i.e. A-2, A-3, etc.) for any additional Products and Services) (each, a “Quote”).

2. RENT AND PRICING

2.1. Products. Rent for Hardware shall be specified by Hart in the relevant quotation and is subject to change without notice; however, prices in Quotes signed by both parties are not subject to chan ge. All prices are exclusive of shipping and packing costs and insurance which shall be borne by Customer. Each Hardware lease is a net lease.

2.2. Other Services. Pricing for Professional Services shall be set forth in the applicable Quote, or if not specified, at Hart’s then- current hourly rates.

2.3. Additional Charges. Additional charges may apply to Services e.g., travel, communication and other expenses. There will be an additional charge at Hart’s current technician’s rate per hour fo r any technical work required as a result of other than Hart- recommended equipment purchased by the Customer for use with the Products.

2.4. Taxes. All prices are exclusive of applicable taxes which will be calculated by Hart upon shipment of the corresponding Products.

All taxes shall be payable by Customer, unless Customer presents Hart with a proper certificate of exemption from such tax. If Customer challenges the applicability of any such tax, Customer shall pay the tax and may thereafter seek a refund. In the even t Hart is required to pay any tax at time of sale or thereafter, Customer shall promptly reimburse Hart therefor.

3. PAYMENT

3.1. Products. Except as otherwise provided in the applicable Quote, amounts due for Products shall be billed upon shipment and shall be paid in full within thirty (30) days after delivery.

3.2. Other Services. Amounts due for Professional Services shall be billed upon the earlier to occur of: (i) shipment of any portion of the associated Hardware and/or Software, and (ii) commencement of such Professional Services. All amounts due for Professional Services shall be paid within thirty (30) days of receipt of invoice.

3.3. Payment Mechanics. Customer will pay all amounts due under this Agreement in U.S. Dollars. All payments are to be made to Hart at its principal office in Austin, Texas, as set forth on the signature page or to such other location as may be designate d by Hart in a notice to Customer. Hart reserves the right to require C.O.D. payment, a letter of credit, or other security for payment if it determines that such terms are required to assure payment. Customer shall promptly notify Hart in writing of any change to Customer’s name, address, or billing information.

3.4. Late Payment . If Customer fails to timely pay rent, all Software licenses and Software Support Services will automatically terminate. Additionally, Hart may impose interest at the lower of: (1) one and one-half percent (1½%) per month, or (2) the highest rate of interest then permitted by applicable law for all past due balances, compounded monthly and rounded to the next highest whole month. Customer also agrees to pay or reimburse all fees and expenses reasonably incurred by Hart in collecting any amounts due under this Agreement, including, but not limited to, all attorneys’ fees associated therewith. Hart shall have the right, in addition to any and all other rights and remedies available at law, in equity or otherwise, to delay or cancel any Product deliveries, to reduce or cancel any or all quantity discounts extended to Cust omer, to suspend the provision of Services, and/or to retake immediate possession of leased Hardware without any process of la w if Customer is in default of payments or any other material term of this Agreement. For purposes of repossession, Hart may enter upon premises where the Products may be located and may remove the same therefrom without notice, and without being liable to Customer therefor, except that Hart shall be liable

CA Verity Master Agreement _081720_09022020 3

for damages resulting from the default or negligence of Hart, Hart's assignee or their respective agents and representatives in any such entry or repossession;

3.5. Billing Disputes. If any dispute exists between the parties concerning the amount due or due date of any payment, Customer shall promptly pay the undisputed portion. Such payment will not constitute a waiver by Customer or Hart of any of their respective legal rights and remedies against each other. Customer has no right of set-off.

4. HARDWARE SPECIFIC TERMS

4.1. Delivery. Hart will provide estimated shipment dates upon acceptance of Customer’s signed quotation. Shipment dates on Quotes are approximate only and Hart will not be subject to liability for late or delayed shipment. In the event Customer is unable to receive delivery of the Hardware following shipment on a mutually agreed upon shipment date, Hart, at its sole option and convenience, may deliver such Products to storage at any suitable location including Hart’s facilities. All costs incurred by Hart for the transportation, storage, and insurance of such Hardware shall be borne by Customer.

4.2. Hardware Acceptance. Customer shall examine all Hardware promptly upon receipt thereof. Within ten (10) business days of such receipt, Customer shall notify Hart in writing of any manner in which Customer claims that the Hardware fails to conform t o their applicable specifications. If no written notification is received by Hart within such period, the Hardware delivered her eunder shall be deemed accepted by Customer (“ Hardware Acceptance ”). Hardware will be deemed conforming if it meets Hart’s published specification for such Product and any specifications id entified on the applicable Quote. Upon Customer’s Hardware Acceptance, any defects in material or workmanship shall be addressed pursuant to the warranty in Section 9 below.

4.3. Transportation and Risk of Loss. Hardware is shipped Ex Works (Incoterms 2010) from Hart’s designated shipping point. Hart reserves the right to select the method and routing of transportation and the right to make delivery in installments unless otherwise specified in the applicable Quote but in no event will the carrier be deemed the agent of Hart. Upon Hart making such Hardware available to the carrier at Hart’s designated shipping point, Customer shall bear the entire risk of loss, damage, theft, or destruction of the Hardware or any part thereof, from any and every cause w hatsoever, which shall occur prior to the Hart’s receipt thereof following Customer’s return of the same in accordance with Section 4.7, and no such loss, damage, theft or destruction shall relieve Customer of its obligation to pay rent or to comply with any other obligation under this Agreement.

4.4. Title and Ownership. All Hardware is and shall remain the property of Hart or its assigns and Customer’s interest therein is only that set forth in this Agreement. Customer further agrees that it will not pledge, loan, mortgage, or attempt in any other manner to dispose of the Hardware or to suffer any liens, encumbrances, or legal process to be incurred or levied on the Hardware. The Hardware is and shall at all times be and remain personal property and shall not become a fixture or realty. Hart may affix tag s, decals or plates to the Hardware indicating Hart's ownership and Customer shall not permit their removal or concealment.

Customer shall keep the Hardware in good condition and working order, ordinary wear and tear excepted. In the event of malfunction, defect or damage to the Hardware that is not covered by the Hart Hardware Limited Warranty (defined in Section 9.2), Customer shall promptly notify Hart and request that Hart repair the same, returning it to its previous condition, at Customer expense. If the Hardware is lost, stolen, destroyed or irrepa rably damaged, Customer shall promptly notify Hart and shall pay to Hart the fair market value of such Hardware immediately prior to such event, as determined by Hart is its reasonable discretion.

4.5. Inspection. Hart or its agents shall have free access to the Hardware at all reasonable times for the purpose of inspection and for any other purpose contemplated in this Agreement.

4.6. Return. Customer shall return the Hardware to Hart within 60 days after the election date in the same condition as when delivered to Customer, ordinary wear and tear except ed. Customer shall be responsible for the de-installation, packing (in its original packaging) and return of the Hardware and any associated costs. Customer is responsible for the removal of all information and data contained in the Hardware prior to its return. Hart shall have no obligation or liability in respect of any such informat ion or data. If Customer fails to return the Hardware in accordance with this Section 4.6, Hart may charge Customer a late fee of up to $50 per day until the date such Hardware is received by Hart.

4.7. Changes and Cancellation. Hart may not change or cancel a Quote after it has accepted Customer’s signed submission thereof.

Customer may not change or cancel an order after submission to Hart of a signed quotation. Any changes or cancellations following such times will be at the non-cancelling party’s sole discretion and upon terms dictated by the non-cancelling party. In the event that Customer requests a rescheduling of any Hardware delivery and such request is accepted by Hart, Customer agrees to promptly pay Hart’s standard reschedule charge.

5. SOFTWARE SPECIFIC TERMS

5.1. License.

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5.1.1. Software That is Part of The Verity System. With respect to Software comprising part of the Verity system, subject to the terms and conditions of this Agreement, Hart grants to Customer (i) a personal, nonexclusive, nontransferable, and limited license to use the Hart Proprietary Software (which includes “Firmware,” meaning the Hart Proprietary Software embedded in any Verity system device that allows execution of the software functions) and (ii) a personal, nonexclusive, nontransferable, and limited sublicense to use the Sublicensed Software, if applicable, in each case, during the Lease Term and solely to conduct election activity for the Customer’s March 3, 2021 election (the “Election”) in accordance with the applicable Software’s intended use and Documentation. With this right to use, Hart will provide Customer, and Customer will be permitted to use, only the run-time executable code and associated support files of the Software for Customer’s internal data processing requirements as part of the Verity system. The Software may be used only at the Licensed Location specified as the jurisdiction on the signature page of this Agreement and only on the Hardware or other computer s ystems authorized by Hart in writing. Customer’s use of the Software will be limited to the number of licenses specified in the applicable Quote. Only Customer and its authorized employees, agents or contractors may use or access the Softwar e. For applicable components, voters are also authorized to interact with the Software, in a manner consistent with user in structions, for the sole purpose of producing a Cast Vote Record during the course of an election.

5.1.2. Software Utilities. With respect to Software provided with but not comprising party the Verity system itself, e.g. data converters, localization programs, and other utilities (“ Utilities”), subject to the terms and conditions of this Agreement, Hart grants to Customer a personal, nonexclusive, nontransferable (other than as contemplated below), and limited license to use such Utilities during the Lease Term and solely to conduct election activity for the Election in accordance with their respective intended use and Documentation. With this right to use, Hart will provide Customer, and Customer will be permitted to use, only the run-time executable code and associated support files of such Utilities. Customer and its authorized employees, agents or contractors may use or access such Utilities. In addition, Customer may tr ansfer the Utilities to third party contractors engaged to assist Customer with the preparation and administration of Customer’s Election (“Third Party Service Providers”) for the sole purpose of such Third Party Service Provider’s use for the benefit of Customer. Customer shall ensure that any Third Party Service Provider shall, as a condition to receiving and/or using the Ut ilities, agree to Hart’s then-current end user license agreement provided with the Utilities.

5.1.3. Embedded Third Party Software . To the extent Hart Proprietary Software contains embedded third party software (e.g. open source software), third party licenses may apply. More info rmation concerning embedded third party software can be found in the application’s “Help->About” and is available upon written request. Such embedded third party software is distinguished from “Sublicensed Software” which is stand-alone software not part of Hart Proprietary Software that may be included under this Agreement. See Exhibit C for a non-exclusive listing of Hart Proprietary Software and Sublicensed Software.

5.2. Records and Audit. Customer shall keep clear, complete and accurate books of account and records with respect to the usage of Software licensed hereunder, including without limitation with respect to access thereto (including by any Third Party Servi ce Providers to any Utilities). Licensee shall retain such books and records for a period of five (5) years from the date of cessation of any such usage, notwithstanding any expiration or termination of this Agreement. Customer agrees that during the term of this Agreement and such period, Hart, the licensors of any Sublicen sed Software, and their representatives may periodically inspect, conduct, and/or direct an independent accounting firm to conduct an audit, at mutually agreed-upon times during normal business hours, of the computer site, computer systems, and appropriate re cords of Customer to verify Customer’s compliance with the terms of the licenses and sublicenses granted to Customer. If any such examination discloses unauthorized usage, then Customer, in addition to paying such payment then due and without limiting Hart’s remedies, shall pay the reasonable fees for the audit.

5.3. Restrictions
.

5.3.1. The Hart Hardware and Hart Proprietary Software are designed to be used only with each other and/or the agreed-upon Sublicensed Software (if any) and Third Party Hardware. To protec t the integrity and security of the Verity system, Customer shall comply with the following practices and shall not deviate from them without the express written consent of Hart: (i) Customer shall use the Software and Hardware only in connection with the Verity system, and Customer may only use Hart branded or approved peripherals and Consumables (defined below) with the Verity system; (ii) Customer shall not install or use other software on or with the Hardware or Software or network the Hardware or Software with any other hardware, software, equipment, or computer systems; and (iii) Customer shall not modify the Hardware or Software. If Customer uses the Software and Hardware in combination with other software and equipment (other software or equipment being those not provided by Hart or its designees), and the combination infringes Hart proprietary patent claims outside the scope of the software license granted to Customer under Section 5.1, Hart reserves its rights to enforce its patents with respect to those claims. Furthermore, using a Verity system with unauthorized paper may result in inaccurate election tabulations and results. HART DISCLAIMS AND

CUSTOMER RELEASES HART FROM ANY LIABILITY ASSO CIATED WITH THE USE OF UNAUTHORIZED PAPER, INCLUDING ANY CLAIM, LIABILITY OR RECOURSE ASSOCIATED WITH INACCURATE VOTE TABULATIONS.

5.3.2. Customer shall not, under any circumstances, cause or pe rmit the adaptation, conversion, reverse engineering, disassembly, or de-compilation of any Software. Customer shall not use any Software for application development, modification, or customization purposes, except through Hart.

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5.3.3. Customer shall not assign, transfer (other than as permitted by Section 5.1.2), sublicense, time-share, or rent the Soft ware or use it for facility management or as a service bureau serving others outside of the jurisdiction. This restriction does not preclude or restrict Customer from contracting for election services fo r other local governments located within Customer’s jurisdictional boundaries. Customer shall not modify, copy, or duplicate the Software. All use of Software and Hardware on which the Software resides shall take place and be for activities within Customer’s jurisdictional boundaries, except for in cases of joi nt elections conducted cooperatively with neighboring jurisdictions. All copies of the Software, in whole or in part, must contain all of Hart’s or the third-party licensor’s titles, trademarks, co pyright notices, and other restrictive and proprietary notices an d legends (including government-restricted rights) as they appear on the copies of the Software provided to Customer. Customer shall notify Hart of the following: (i) the location of all Software and all copies thereof and (ii) any circumstances known to Customer regarding any unauthorized possession or use of the Software.

5.3.4. If Customer does not comply with any provisions of this Section 5.3, then (i) the limited warranties under Section 9 are voided and the licenses and sublicenses granted under Section 5.1 will automatically terminate; and (ii) Hart may terminate its obligation to provide Software Support Services under Section 8.

6. DOCUMENTATION
Hart will provide Customer with one (1) electronic copy of the standard user-level documentation and operator’s manuals and where applicable, environmental specifications (collectively, the “ Documentation”) for the Product installed at the Customer’s location before the Election, following installation.

7. PROPRIETARY RIGHTS

7.1. Reservation of Rights. Customer acknowledges and agrees that the Verity system, including the Products and Services, and any and all related patents, copyrights, trademarks, service marks, trade names, documents, logos, software, microcode, firmware, information, ideas, concepts, know-how, data processing techniques, documentation, diagrams, schematics, equipment architecture, improvements, code, updates, trade secrets and material are the property of Hart and its licensors. Customer agrees that the lease of the Hardware, license of the Software and provision of Services does not, other than as expressly set forth herein, grant to or vest in Customer any right, title, or interest in such proprietary property. All patents, trademarks, copyrights, trade secrets, and other intellectual property rights, whether now owned or acquired by Hart with respect to the Products and Service s, are the sole and absolute property of Hart and its licensors. Cu stomer shall not, under any circ umstances, cause or permit the adaptation, conversion, reverse engineering, disassembly, or de-co mpilation of any Product(s), or copy, reproduce, modify, sell , license, or otherwise transfer any rights in any proprietary pr operty of Hart. Further Customer shall not remove any trademark , copyright, or other proprietary or restrictive notices contained on any Hart Documentation, and all copies will contain such notices as are on the original electronic media. All ideas, concepts, know-how, data processing techniques, documentation, diagrams, schematics, firmware, equipment architecture, software, improvements, code, updates, and trade secrets developed by Hart personnel (alone or jointly with others, including Customer) in connection with Confidential Information, including the Verity system, will, as between the parties, be the exclusive property of Hart.

7.2. Customer Suggestions and Recommendations. Customer may propose, suggest, or recommend changes to the Products and Services at any time. Such proposals, suggestions, or recommendations will become Hart’s property and are hereby assigned to Hart. Hart may include any such proposals, suggestions, or recommendations, solely at Hart’s option, in subsequent periodic Product and Services updates, without restriction or obligation. Hart is under no obligation to change, alter, or otherwise revise the Products or Services according to Customer’s proposals, suggestions, or recommendations.

7.3. License Back. If Customer possesses or comes to possess a licensable or sub-licensable interest in any issued patent with claims that read upon the Verity system, its method of operation, or any component thereof, Customer hereby grants and promises to grant a perpetual, irrevocable, royalty-free, paid-up license, with right to sublicense, of such interest to Hart permitting Ha rt to make, have made, use, and sell materials or services within the scope of the patent claims.

7.4. No Implied Licenses. There are no implied licenses under this Agreement, and any rights of a party that are not expressly granted to the other party hereunder are reserved. In furtherance of the foregoing and not in limitation, Verity Duo thermal paper is based on a patent-pending design, and the mere purchase of a Verity system does not constitute an express or implied license to make or have such paper made.

8. SOFTWARE SUPPORT SERVICES

8.1. Description of Software Support Services. Subject to the terms and conditions of this Agreement, Hart will provide Customer the Software Support Services described below. Software Support Services under this Section do not cover any of the exclusions from warranty and support coverage as described under Section 9. A quote for Professional Services may be provided by Hart in those situations where Customer requests Software support services in addition to the services described under this Section

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8.1.1. Software Support Services. Software Support Services will consist of assisting the Customer in the use of Software for purposes of Election administration, including functions related to pre-Election and post-Election testing and general operation of the Verity system. Assistance is available via phone and email through the Hart Customer Support Center. See Exhibit B for Hart Customer Support contact information and hours.

Software Support Services may consist of periodic updates to Hart Proprietary Software, at Hart’s discretion. Because not all errors or defects can or need to be corrected, Hart does not warrant that all errors or defects will be corrected. Software errors or defects must be reported in writing and be accompanied with su fficient detail to enable Hart staff to reproduce the error an d provide a remedy or suitable corrective action. The exclusi ons from warranty coverage under Section 9 also are exclusions from Software Support Services under this Section. There may be consumable, shipping and on-site service charges for update releases of Software and there may be feature charges for update or enhancement releases of Software.

9. WARRANTY AND EXTENDED WARRRANTY

9.1. Certification. Where applicable, Verity system components that require certification will meet the certification requirements in place on the Effective Date.

9.2. Hart Hardware Limited Warranty. Hart warrants that during the warranty period, the Hart Hardware leased by Customer will be free from defects in materials and workmanship and will substantially conform to the performance specifications stated in the Verity Operator’s Manuals for such Hart Hardware provided to Customer by Hart. The warranty period for Hart Hardware (other than Consumables) is begins ten (10) days after the shipping date and continues for the duration of the Lease Term. Hart Consumables are warranted only to be free from manufacturing defects for a period of ninety (90) days, beginning ten (10) days after the shipping date. Hart will, at Hart’s sole discretion, replace or repair any Hart Hardware that does not comply with this warranty. To request Warranty Service, Customer must contact Hart in writing within the warranty period. Hart may elect to conduct any repairs at Customer’s site, Hart’s facility, or any other location specified by Hart. Upon request, Customer shall ship, at Customer’s expense, the non-conforming Hart Hardware to the location specified by Hart. Any replacement Hart Hardware provided to Customer under this warranty may be new or reconditioned. Hart may use new and reconditioned parts in performing warranty repairs and building replacement products. If Hart repairs or replaces Hart Hardware, its warranty period is not extended and will terminate upon t he end of the warranty period of the replaced or repaired Hart Hardware. Hart owns all replaced Hart Hardware and all parts removed from repaired products. Customer acknowledges and agrees that this warranty is contingent upon and subject to Customer’s proper use of the Verity system and the exclusions from wa rranty coverage and Software Support Services set forth in Sect ion

9.5. This warranty does not cover any Hart Hardware that has had the original identification marks and/or numbers removed or altered in any manner. This warranty does not include any type of routine maintenance service or preventative maintenance service. The limited warranty provided in this Section 9.2 shall be referred to herein as the “ Hart Hardware Limited Warranty”.

The remedies set forth in this Section are the full extent of Customer’s remedies and Hart’s obligations regarding this warranty. If the Verity system is required to be reconfigured, modified, or otherwise changed after the Effective Date due to the Customer’s or a local, state, or federal government certification change(s) or due to any statutory changes or new requirements, upon Customer’s written request, Hart will determine the feasibility and cost of the required changes and advise the Customer of the same. Upo n written approval to move forward with the changes and receipt from the Customer of the stated fees, Hart will complete the required changes to the Customer’s Verity system. THIS LIMITED WARRANTY DOES NOT APPLY TO ANY THIRD PARTY HARDWARE.

9.3. Hart Proprietary Software Limited Warranty. Hart warrants that beginning ten (10) days after the shipping of the Hart Proprietary Software and for the duration of the Lease Term, the Hart Proprietary Software will perform substantially according to the functional specifications described in the Verity Operators’ Manuals for such Hart Proprietary Software provided to Customer by Hart. To request Warranty Service, Customer must contact Hart in writing within the warranty period. Failure to conform to the warranty must be reported in writing and be accompanied with sufficient detail to enable Hart to reproduce the error and provide a remed y or suitable corrective action (a solution that will allow the Software to function appropriately). Hart will make commercially reasonable efforts to remedy or provide a suitable workaround fo r defects, errors, or malfunctions covered by this warranty tha t have a significant adverse effect upon operation of the Hart Proprie tary Software. Because not all errors or defects can or ne ed to be corrected, Hart does not warrant that all errors or defect s will be corrected. Customer acknowledges and agrees that thi s warranty is contingent upon and subject to Customer’s proper use of the Verity system and the exclusions from warranty coverage and Software Support Services set forth in Section 9.5. The remedies set forth in this Section 9.3 are the full extent of Customer’s remedies and Hart’s obligations regarding this warranty. THIS LIMITED WARRANTY DOES NOT APPLY TO ANY SUBLICENSED SOFTWARE.

9.4. Professional Services Warranty . Hart represents and warrants that any Professional Services shall be performed in a professional and workmanlike manner.

9.5. Exclusions from Warranty and Software Support Services. The warranties under this Section and Software Support Services under Section 8 do not cover defects, errors, or malfunctions that are caused by any external causes, including, but not limited to, any of the following: (a) Customer’s failure to follow operatio nal, support, or storage instructions as set forth in applicable documentation; (b) the use of incompatible media, supplies, parts, or components; (c) modification or alteration of the Verity system, or its components, by Customer or third parties not author ized by Hart; (d) use of equipment or software not supplied o r

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authorized by Hart; (e) external factors (including, without limitation, power failure, surges or electrical damage, fire or wa ter damage, air conditioning failure, humidity control failure, or corrosive atmosphere harmful to electronic circuitry); (f) failu re to maintain proper site specifications and environmental conditions; (g) negligence, accidents, abuse, neglect, misuse, or tampering; (h) improper or abnormal use or use under abnormal conditions; (i ) use in a manner not authorized by this Agreement or use inconsistent with Hart’s specifications and instructions; (j) use of Software on equipment that is not in good operating condition; (k) acts of Customer, its agents, servants, employees, or any thir d party; (l) servicing or support not authorized by Hart; (m) For ce Majeure; or (n) Consumables, unless expressly set forth in Sect ion 9.2. In any case where Hart Proprietary Software interfaces with third party software, including but not limited to, the Customer’s voter registration system, non-Hart election management system, early voting validation system, non-Hart election systems, absentee envelope management systems, or other like systems, Hart will not be responsible for proper operation of any Software that interfaces with the third party software should such third party software be updated, replaced, modified, or altered in any way. Hart will also not be responsible for the proper operation of any Software running on Customer’s computer equipment, should Cust omer install a new computer operating system on said equipment without advising Hart of such changes and receiving Hart’s written approval. Hart will not be responsible for the proper operation of any Software should it be configured or operated in any manner contrary to that described herein. A quote for Professional Services may be provided by Hart in those situations where the Customer requests Hart’s review and approval of any system changes or repair or replacement or support services as a result of exclusions from warranty coverage and Software Support Services.

9.6. Third Party Hardware and Sublicensed Software Excluded. HART MAKES NO REPRESENTATIONS OR WARRANTIES AS

TO THIRD PARTY HARDWARE AND SUBLICENSED SOFTWARE, IF ANY, PROVIDED BY HART TO CUSTOMER, ALL OF WHICH IS SOLD, LEASED, LICENSED, OR SUBLICENSED TO CUSTOMER “AS IS,” OTHER THAN AS MAY BE PROVIDED IN ANY PASS-THROUGH WARRANTY DESCRIBED BELOW. HART HAS NO RESPONSIBILIT Y OR LIABILITY FOR THIRD PARTY HARDWARE AND SUBLICENSED SOFTWARE, IF ANY, PROVIDED BY HART’S DISTRIBUTORS OR OTHER THIRD PARTIES TO CUSTOMER. If Hart sells, leases, licenses, or sublicenses any Third Party Hardware or Sublicensed Software to Customer, Hart will pass through to Customer, on a nonexclusive basis and without recourse to Hart, any third-party manufacturer’s warranties covering the Hardware or Software, but only to the extent, if any, permitted by the third-party manufacturer or third-party licensor. Customer agrees to look solely to the warranties and remedies, if any, provided by the manufacturer or third-party licensor. For a list of Third Party Hardware, see the applicable Quote. For a list of Sublicensed Software, see Exhibit C or th e applicable Quote. The disclaimers in this Section 9.6 are not intended to apply to embedded third party software integrated within the Hart Proprietary Software, contemplated by Section 5.1.

9.7. Limited Remedies. HART’S SOLE RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN PRODUCTS AND SERVICES IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN, AND TO THE EXTENT SET FORTH IN, THIS SECTION 9.

10. PROFESSIONAL SERVICES

10.1. Professional Services. Subject to the terms and conditions of this Agreement, Hart will provide Customer (i) operational training and on-site support at the Election, and (ii) the Professional Services described in each Quote. Professional Services days cannot be exchanged for rent or fees for other Services. If Professional Services days are not used prior to sixty (60) days after the date of the Election, Hart’s Professional Services obligations shall expire and unused days will be billed to the Customer without recovery of amounts paid in advance for Professional Services.

11. REPRESENTATIONS AND WARRANTIES

11.1. Due Organization. Each party represents that it is duly organized, vali dly existing, and in good standing in the jurisdiction of its organization, and that it has the requisite power and authority to execute and deliver this Agreement and to carry out the transactions contemplated by this Agreement.

11.2. Conflicting Agreements. Each party represents and warrants that it has no outstanding agreement or obligation that is in conflict with any of the provisions of this Agreement, or that would preclude it from complying with the provisions hereof.

12. CUSTOMER RESPONSIBILITIES

12.1. Independent Determination . Customer acknowledges it has independently determined that the Products leased under this Agreement meet its requirements.

12.2. Cooperation. Customer agrees to cooperate with Hart and promptly perform Customer’s responsibilities hereunder. Customer will (a) provide adequate working and storage space for use by Hart personnel near the applicable Hardware; (b) provide Hart full access to the Hardware and Software and sufficient computer time, subject to Customer’s security rules; (c) follow Hart’s procedures for placing Warranty Service or Software Support Serv ice requests and determining if Warranty Service is required; (d) follow Hart’s instructions for obtaining Software Support Service and Warranty Services; (e) provide a memory dump and additional data in machine-readable form if requested; (f) reproduce suspected errors or malfunctions in Software; (g) provide

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timely access to key Customer personnel and timely respond to Hart’s questions; and (h) otherwise cooperate with Hart in its performance under this Agreement.

12.3. Site Preparation. Customer shall prepare and maintain the installation site in accordance with instructions provided by Hart.

Customer is responsible for environmental requirements, electrical interconnections, and modifications to facilities for proper installation, in accordance with Hart’s specifications. Any delays in preparation of the installation site will correspondingly extend Hart’s delivery and installation deadlines.

12.4. Site Maintenance; Proper Storage. Customer shall maintain the appropriate operating environment, in accordance with Hart’s specifications, for the Products and all communications equipment, telephone lines, electric lines, cabling, modems, air conditioning, and all other equipment and utilities necessary for the Products to operate properly. Customer shall properly st ore the Products when not in use.

12.5. Use. Customer is exclusively responsible for supervising, managing, and controlling its use of the Products, including, but not limited to, establishing operating procedures and audit controls, supervising its employees, making timely data backups, inputting data, ensuring the accuracy and security of data input and data output, monitoring the accuracy of information obtained, and managing the use of information and data obtained. Customer will ensure that its personnel are, at all times, educated and trained in the proper use and operation of the Products and that the Hardware and Software are used in accordance with applicable manuals, instructions, and specifications. Customer shall comply with all applicable laws, rules, and regulations with respect to its use of the Products.

12.6. Backups. Customer is solely responsible for timely data backups, and Customer will maintain backup data necessary to replace critical Customer data in the event of loss or damage to data from any cause. Hart is not liable for data loss.

13. TERM AND TERMINATION

13.1. Term.

13.1.1. Of Agreement. Unless earlier terminated as set forth herein, the term of this Agreement commences on the Effective Date and continues through the end of the Lease Term.

13.1.2. Of Hardware Lease . Unless earlier terminated as set forth herein, the term of the lease for Hardware ordered hereunder commences on the date of shipment of the initial Hardware and continues through the date that is sixty (60) days following the Election (the “Lease Term”).

13.1.3. Of Hart Hardware Limited Warranty. Unless earlier terminated as set forth herein, the warranty period for new Hart Hardware begins ten (10) days after the shipping date and continues for the duration of the Lease Term.

13.2. Termination. This Agreement shall automatically terminate or expire as set forth herein and may be terminated by either party if the other party is in material breach of the terms of this Agreement and fails to cure such breach within thirty (30) days after written notice of such breach has been given. Additionally, Customer may terminate this Agreement, on no less than thirty (30) days prior written notice to Hart, at the start of any fiscal year for which applicable fiscal and procurement laws and regulations prohib it Customer’s fulfillment of its payment obligations hereunder.

13.3. Effect of Expiration and Termination. Upon any expiration or termination of this Agreement, all rights and obligations hereunder shall be of no further force or effect, provided that Sections 3, 4, 5.2-5.3, 7, 9.5-9.7, 12, 13.3 and 14-18 shall survive.

14. CONFIDENTIALITY

14.1. Definition. “Confidential Information” means any information related to Hart’s business or the Verity system, including but not limited to technical data, trade secrets, know-how, research, product plans, products, services, customers, customer lists, markets, software, developments, inventions, processes, formulas, techno logy, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information. Confidential Information includes, without limitation, all Pro ducts, Services, Documentation and support materials, and the terms and conditions of this Agreement.

14.2. Non-Use and Non-Disclosure. Customer will keep in confidence and protect Confidential Information (electronic or hard copy) from disclosure to third parties and restrict its use to uses expressly permitted under this Agreement. Customer shall take al l reasonable steps to ensure that the trade secrets and proprietary data contained in the Hardware and Software and the other Confidential Information are not disclosed, copied, duplicated, misappropriated, or used in any manner not expressly permitted by the terms of this Agreement. Customer shall keep the Software and all tapes, diskettes, CDs, and other physical embodiments of them, and all copies thereof, at a secure location and limit access to those employees who must have access to enable Customer to use the Software. Customer acknowledges that unauthorized disclosure of Confidential Information may cause substantial economic loss

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to Hart or its suppliers and licensors. Notwithstanding any other provision herein to the contrary, Hart acknowledges Confiden tial Information may be subject to disclosure as prescribed by applicable freedom of information or public records law.

14.3. Return of Confidential Information . Upon termination or expiration of this Agreement or, if earlier, upon termination of Customer’s permitted access to or possession of Confidential Information, Customer shall return to Hart all copies of the Confidential Information in Customer’s possession (including Confidential Information incorporated in software or writings, electronic and hard copies). Upon termination of Customer’s lice nse or sublicense of Software, Customer shall immediately discontinue all use of the Software and return to Hart or destroy at Hart’s option, the Software, including Firmware, and all related Documentation (electronic and hard copy) and all archival, backup, and other copies of Software, Firmware and Documentation, and provide certification to Hart of such return or destruction. Return or destruction may include hard drives and/or component flash drive devices.

14.4. Customer Employees, Agents and Contractors. Customer will inform its employees and other agents and contractors of their obligations under this Section 14 and shall be fully responsible for any breach thereof by such personnel.

15. INDEMNIFICATION

15.1. Indemnity. Hart, at its own expense, will defend Customer against any claim that the Hart Hardware or Hart Proprietary Software infringes an issued United States patent, registered United St ates copyright, or misappropriates trade secrets protected under United States law, and shall indemnify Customer against and pay any costs, damages and reasonable attorneys' fees attributable to such claim that are finally awarded against Customer, provided Customer (a) gives Hart prompt written notice of such claims; (b) permits Hart to control the defense and settlement of the claims; and (c) provides all reasonable assistance to Hart in defending or settling the claims.

15.2. Remedies. As to Hart Hardware or Hart Proprietary Software that is subject to a claim of infringement or misappropriation, Hart may (a) obtain the right of continued use of the Hart Hardware or Hart Proprietary Software for Customer or (b) replace or modi fy the Hart Hardware or Hart Proprietary Software to avoid the claim. If neither alternative is available on commercially reasona ble terms, then, at the request of Hart, any applicable Software license and its charges will end, Customer will cease using the applicable Hart Hardware and Hart Proprietary Software, Customer will return to Hart all applicable Hart Hardware and return or destroy all copies of the applicable Hart Proprietary Software, and Customer will certify in writing to Hart that such return o r destruction has been completed. Upon return or Hart’s receipt of certification of destruction, Hart will give Customer a credit for the price paid to Hart for the returned or destroyed Hart Hardware and Hart Proprietary Software, less a reasonable offset for use and obsolescence.

15.3. Exclusions. Hart will not defend or indemnify Customer if any claim of infringement or misappropriation (a) is asserted by an affiliate of Customer; (b) results from Customer’s design or alteration of any Hardware or Software; (c) results from use of any Hart Hardware or Hart Proprietary Software in combination with any non-Hart product, except to the extent, if any, that such use in combination is restricted to the Verity system designed by Hart; (d) relates to Sublicensed Software or Third Party Hardware alone; or (e) arises from Customer-specified customization work undertaken by Hart or its designees in response to changes in Hart Proprietary Software or Sublicensed Software that are made in response to Customer specifications.

15.4. EXCLUSIVE REMEDIES . THIS SECTION 15 STATES THE ENTIRE LIABILITY OF HART AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR INFRINGEMENT AND TRADE SECRET MISAPPROPRIATION.

16. DISCLAIMERS AND LIMITATIONS OF LIABILITY

16.1. Disclaimer of Warranty. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES APPLICABLE TO THE PRODUCT(S) AND/OR SERVICES SET FORTH IN SECTION 9, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) THERE ARE NO

WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWI SE UNDER THIS AGREEMENT, AND (B)

HART DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIE S, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED

WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND NONINFRINGEMENT FOR ALL HARDWARE, SOFTWARE, AND SERVICES. CUSTOM ER IS SOLELY RESPONSIBLE FOR ASSURING AND MAINTAINING THE BACKUP OF ALL CUSTOMER DATA. UNDER NO CIRCUMSTANCES WILL HART BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR THE LOSS OF OR DAMAGE TO CUSTOMER DATA. THE EXPRESS LIMITED

WARRANTIES REFERENCED ABOVE EXTEND SOLELY TO CUSTO MER AND DO NOT INCLUDE ANY TYPE OF ROUTINE MAINTENANCE SERVICE OR PREVENTATIVE MAINTENANCE SERVICE. SOME STATES (OR JURISDICTIONS) DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY.

16.2. Limitations of Liability . NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TO THE MAXIMUM

EXTENT PERMITTED BY APPLICABLE LAW, HART WILL NO T BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INDIRECT,

INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) OR FOR LOST DATA SUSTAINED

OR INCURRED IN CONNECTION WITH THE HARDWARE, SOFT WARE, SERVICES, OR THIS AGREEMENT, EVEN IF

CA Verity Master Agreement _081720_09022020 10

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. IN ADDITION, HART’S TOTAL LIABILITY TO CUSTOMER FOR DAMAGES ARISING

OUT OF OR RELATING TO THE HARDWARE, SOFTWARE, SERVICES, AND THIS AG REEMENT WILL IN NO EVENT

EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER TO HART UNDER THIS AGREEMENT UNDER THE QUOTE FOR THE HARDWARE, SOFTWARE OR SERVICE GIVING RI SE TO THE APPLICABLE CLAIM. HART IS NOT LIABLE FOR DAMAGES CAUSED IN ANY PART BY CUSTOMER’S NEGLIGENCE OR INTENTIONAL ACTS OR, EXCEPT AS EXPRESSLY SET FORTH HEREIN, FOR ANY CLAIM AGAINST CUSTO MER OR ANYONE ELSE BY ANY THIRD PARTY. SOME

JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO CUSTOMER. THE PARTIES AGREE THAT THE LIABILITY AND WARRANTY

LIMITATIONS SET FORTH IN THIS AGREEMENT ARE A REASONABLE ALLO CATION OF RISK AND LIABILITY CONSIDERING THE RESPECTIVE BENEFITS OBTAINED HE REUNDER. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

16.3. Third Party Products, Services and Referrals . Hart may direct Customer to, or Cu stomer might independently locate, third parties having products or services that may be of interest to Customer for use in conjunction with the Products or Services (including Third Party Service Providers, defined above). Notwit hstanding any Hart recommendation, referral, or introduction, Customer will independently investigate and test such products and services and will have sole responsibility for determining suitability of the same. Hart has no liability with respect to claims relating to or arising from use of such products and ser vices, including, without limitation, claims arising from failure of such products to provide proper time and date functionality, and/or results flowing from Third Party Service Providers’ utilization of the Utilities.

17. DISPUTE RESOLUTION

17.1. Disputes and Demands. The parties will attempt to resolve any claim or controversy related to or arising out of this Agreement, whether in contract or in tort (“Dispute”), on a confidential basis according to the following process, which either party may start by delivering to the other party a written notice describing the dispute and the amount involved (“Demand”).

17.2. Negotiation and Mediation. After receipt of a Demand, authorized representatives of the parties will meet at a mutually agreed- upon time and place to try to resolve the Dispute by negotiation. If the Dispute remains unresolved after this meeting, either party may start mandatory nonbinding mediation under the commercial mediation rules of the American Arbitration Association (“AAA”) or such other mediation process as is mutually acceptable to the parties.

17.3. Injunctive Relief. Notwithstanding the other provisions of this Section 17, if either party seeks injunctive relief, such relief may be sought in a court of competent jurisdiction without complying with the negotiation and mediation provisions of this Section.

17.4. Time Limit. Neither mediation under this section nor any legal action, regardless of its form, related to or arising out of this Agreement may be brought more than two (2) years after the cause of action first accrued.

18. GENERAL PROVISIONS

18.1. Entire Agreement. This Agreement and the Exhibits hereto are the entire agreement between the parties with respect to the subject matter contemplated herein, and supersede all prior negotiations and agreements with respect thereto. Hart makes no representations or warranties with respect to this Agreement or its Products or Services that are not included herein. The use of preprinted Customer forms, such as a request for quote (RFQ), request for proposal (RFP), purchase orders or acknowledgments, in connection with this Agreement is for convenience only and no terms, provision or conditions thereof will have any effect on the rights, duties or obligations of the parties under, or otherwise modify, this Agreement, regardless of any failure by Hart to object to such terms, provisions or conditions. If any conflict exists between the terms and conditions of this Agreement and those set forth in an Exhibit, the terms and conditions of this Agreement will govern, except to the extent otherwise explicitly stated in such Exhibit by precise reference to the specific term or condition in the Agreement that the Exhibit is to control and prevail over. This Agreement may not be amended or waived except in writing signed by an officer of the party to be bound thereby.

18.2. Interpretation. This Agreement will be construed according to its fair meaning and not for or against either party. Headings are for reference purposes only and are not to be used in construing the Agreement. All words and phrases in this Agreement are to be construed to include the singular or plural number and the masc uline, feminine, or neuter gender as the context requires. Th e words “include” and “including” (whether or not followed by “but not limited to” or “without limitation”) shall not be construed as terms of limitation, but shall mean “including, but not limited to,” unless the context clearly indicates otherwise.

18.3. GOVERNING LAW. THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD

TO ITS CONFLICT OF LAW PROVISIONS, UNLESS CUSTOMER IS A GOVERNMENTAL SUBDIVISION OF ANOTHER STATE, IN WHICH CASE THE LAWS OF THE STATE IN WHICH CUSTOMER IS A GOVERNMENTAL SUBDIVISION WILL CONTROL.

CA Verity Master Agreement _081720_09022020 11

18.4. Severability. Whenever possible, each provision of this Agreement will be interpreted to be effective and valid under applicable law; but if any provision is found to be invalid, illegal, or unenforceable, then such provision or portion thereof will be mod ified to the extent necessary to render it legal, valid, and enforceable and have the intent and economic effect as close as possible to the invalid, illegal, or unenforceable provision. If it is not possible to modify the provision to render it legal, valid, and enforceable, then the provision will be severed from the rest of the Agreement and ignored. The invalidity, illegality, or unenforceability of a ny provision will not affect the validity, legality, or enforceabili ty of any other provision of this Agreement, which will remain valid and binding.

18.5. Force Majeure. “Force Majeure” means a delay encountered by a party in the performance of its obligations under this Agreement that is caused by an event beyond the reasonable control of the party, but does not include any delays in the payment of monies due by either party. Without limiting the generality of the foregoing, “Force Majeure” will include, but is not restricted to, the following types of events: acts of God or public enemy; acts of governmental or regulatory authorities (other than, with respect to Customer’s performance, the Customer and its governing entities); fires, floods, epidemics, or serious accidents; unusually severe weather conditions; failure of third parties to timely provide software, hardware, materials, or labor contemplated herein including by reason of strikes, lockouts, or other labor disputes. If any event constituting Force Majeure occurs, the affected party shall notify the other party in writing, disclosing the estimated length of the delay and the cause of the delay. If a Force Majeure or other such ev ent occurs, the affected party will not be deemed to have violated its obligations under this Agreement, and time for performance o f any obligations of that party will be extended by a period of time necessary to overcome the effects of the Force Majeure.

18.6. Compliance with Laws . Customer and Hart shall comply with all federal, state, and local laws in the performance of this Agreement, including those governing use of the Products. Products provided under this Agreement may be subject to U.S. and other government export control regulations. Customer shall not export or re-export any Products.

18.7. Assignment. Hart may assign this Agreement or its interests herein any including the right to receive payments, without Customer’s consent. Customer will be notified in writing if Hart makes an assignment of this Agreement. Customer shall not assign this Agreement or any licenses granted hereunder without the express written consent of Hart, such consent not to be unreasonably withheld.

18.8. Independent Contractors. The parties to the Agreement are independent contractors and the Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Hart’s employees, agents, and subcontractors will not be entitled to any privileges or benefits of Customer employment. Customer’s employees, agents, and contractors will not be entitled to any privileges or benefits of Hart employment.

18.9. Notices. Any notice required or permitted to be given under this Agreement by one party to the other must be in writing and shall be given and deemed to have been given immediately if delivered in person to the address set forth on the signature page for the party to whom the notice is given, or on the fifth (5 th) business day following mailing if placed in the United States Mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the party at the party’s address set forth on the signature page. Each party may change its address for notice by giving written notice of the change to the other party.

18.10. Trademarks. Verity™, Hart InterCivic™ and such Product names indicated as trademarked names of Hart are trademarks of Hart.

18.11. Attorneys’ Fees. In any court action at law or equity which is brought by one of the parties to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees, in addition to any other relief to whic h that party may be entitled.

18.12. Equitable Relief. The parties agree that a material breach of the confident iality provisions of this Agreement or restrictions set forth herein would cause irreparable injury to Hart for which monetary damages alone would not be an adequate remedy, and therefore Hart shall be entitled to equitable relief in addition to any other remedies it may have hereunder or at law, without the requirement of posting bond or proving actual damages.

18.13. Government Use. The use, duplication, reproduction, release, modification, disclosure, or transfer of the Products, no matter how received by the United States Government, is restricted in accordance with the terms and conditions contained herein. All other use is prohibited. Further, the Products were developed at Hart ’s private expense and are commercial in nature. By using or receiving the Products, the Government user agrees to the terms and conditions contained in this Agreement including the terms and conditions contained in this paragraph.

18.14. Cumulative Remedies. All remedies provided for in this Agreement will be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.

CA Verity Master Agreement _081720_09022020 12

18.15. Insurance. During the Lease Term, Customer shall, at its own expense, insure the Hardware against all risks in an amount equal to the replacement cost of the Hardware. All such insurance shall name Hart, its successors and assigns as additional insureds.

Customer agrees to supply to Hart, upon its request, evidence of insurance as required herein.

18.16. Counterparts. This Agreement may be executed in multiple counterparts, any one of which will be considered an original, but all of which will constitute one and the same instrument. The parties agree that signatures transmitted and received via electronic means shall be treated as original signatures and shall be deemed valid, binding and enforceable by and against the parties.

CA Verity Master Agreement _081720_09022020 13

Exhibit A-1
Quote for Initial Order

CA Verity Master Agreement _081720_09022020 14

Exhibit A-1
Quote for Initial Order

CA Verity Master Agreement _081720_09022020 15

Exhibit B
Hart Customer Support Contact Information and Hours

The following contact information is to be used by Customer for submitting Software Support Services requests to Hart:

Customer Support Center 1-866-275-4278 (1-866-ASK-HART) Customer Support Center Fax 1-512-252-6925 or 1-800-831-1485 E-mail Address [email protected]

Hart Switchboard
Hours of Operation
After Hours
1-800-223-HART (4278)
7AM-6PM Central Time, M-F
Leave voicemail with contact information for return call

(The rest of this page has been intentionally left blank.)

CA Verity Master Agreement _081720_09022020 16

Exhibit C

Hart Proprietary Software and Sublicensed Software

Hart Proprietary Software licensed to Customer via annual subscription may include, without limitation, the following. Actual Hart Proprietary Software licensed is indicated in the applicable Quote(s) associated with this Agreement:

SOFTWARE NAME VERSION NUMBER

Sublicensed Software sublicensed to Customer via annual subscription:

None

(The rest of this page has been intentionally left blank.)

CA Verity Master Agreement _081720_09022020 17
Exhibit D
Statement of Work – Hart Services
(The rest of this page has been intentionally left blank.) Exhibit E
Ballot Layout & Programming
Not included in Appendix A-1
Must be purchased separately
(The rest of this page has been intentionally left blank.)

CA Verity Master Agreement _081720_09022020 18

$84,197.94Grand Total
Lancaster, CAAccount Name
00012214Quote Number
Confidential - Not for Redistribution
Please fax with signature to or scan and email to
to [email protected]
Instructions
Net 30Payment Terms
4/9/2024Election Date
11/17/2023Expiration Date
(661) 723-6000Phone
[email protected] AlexanderContact Name 44933 Fern Ave.

Lancaster, CA 93534
Ship To44933 Fern Ave.

Lancaster, CA 93534
Bill To
$84,197.94Grand Total
$7,827.94Tax
$76,370.00Solution Price
$2,825.00Shipping and Handling (Estimated)
$73,545.00Subtotal
Item Description Unit Price Quantity Total Price
Verity Central - Rental Verity Central software $17,000.00 1 $17,000.00 Verity Central - Client -
Rental Verity Central software (client) $4,000.00 2 $8,000.00 Verity Count - Rental Verity Count software $4,500.00 1 $4,500.00 Verity Workstation, used -
Rental Workstation for Verity software $1,970.00 4 $7,880.00 23" Flat Panel Monitor,
used - Rental Monitor for use with Verity Workstation 4 Canon DR-G1130 Central
Scanner, used - Rental Central ballot scanner, used $6,100.00 3 $18,300.00 Okidata B432dn Printer,
Used - Rental Laser printer for report printing, used $127.00 4 $508.00 Toner Cartridge, Okidata
B432dn, Black (Medium
Capacity)
Black toner for Okidata B432dn printer (medium capacity) $145.00 4 $580.00 vDrive Flash memory card/audio card for use with Verity devices $66.00 25 $1,650.00 Verity Key Electronic security token $109.00 3 $327.00
Professional Services
Includes up to 2 days of service. Additional days of service must be purchased separately. Loading the Trusted Build from the State, System Acceptance, and Logic and Accuracy Testing.
$4,300.00 1 $4,300.00
Professional Services Includes up to 2 days of service. Additional days of service must be purchased separately. Training, Ballot Scanning and Adjudication, and Canvass Support. $4,300.00 1 $4,300.00 Ballot Programming
Services (1-5 Races)
Includes ballot layout, audio, proofs, and programming. If number of Contests exceeds 5, Tier 2 pricing will apply. $1,900.00 1 $1,900.00 Election Day Support Onsite support for April 9, 2024 election $4,300.00 1 $4,300.00 Customer Contact
General Information
$84,197.94Grand Total
Lancaster, CAAccount Name
00012214Quote Number
Confidential - Not for Redistribution
Title: ________________________________________________ Date: ________________________________________________
Name: ______________________________________________
Customer Approval: ____________________________________ Executive Director, Market DevelopmentTitle
Signature
Karen ClakeleyPrepared By
Rented equipment must be returned to Hart within 60 days after the election or late fees will apply. All equipment, including cables and accessories, must be returned in the original packaging or additional fees will apply.

Return shipping and handling is estimated above; customer is responsible for actual shipping and handling fees.

Customer must notify Hart at least 60 days prior to the election to cancel this order.

Please note: Shipping & Handling charges listed are estimates only. Due to global supply chain and delivery issues, actual shipping & handling charges may be significantly higher. Pricing subject to inventory availability at time of quote execution and acceptance.

Taxes will be calculated in conjunction with the Customer based on the final approved price list.

Terms and Conditions
Hart Approval
Customer Approval

- 1 -

Professional Services Agreement; December 2018

AGREEMENT FOR SERVICES

THIS AGREEMENT FOR PROFESSIONAL SERVICES is made and entered into this _____day of _________, 2023, by and between the CITY OF LANCASTER, a municipal corporation and charter city, (“City”), and ProVote Solutions, a California Corporation. (“Service Provider”) (collectively, sometimes referred to hereinafter as the “Parties”).

RECITALS

WHEREAS, the City desires to engage Service Provider to perform certain technical and professional services, as provided herein, identified as:

SERVICE PROVIDER FOR 2024 GENERAL ALL-MAIL BALLOT ELECTION

WHEREAS, the principal members of Service Provider are qualified and duly registered/licensed under the laws of the State of California, and Service Provider 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. SERVICE PROVIDER: ProDocumentSolutions dba ProVote Solutions

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 Agreem ent 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

SERVICE PROVIDER ProDocumentSolutions dba ProVote Solutions, a California Corporation
90 West Poplar Avenue
Porterville, CA 93257

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

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Professional Services Agreement; December 2018
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 Service Provider, and Service Provider accepts such engagement, to perform professional services set forth in “Scope of Services and Rates Schedule,” attached hereto as Exhibit “A” and incorporated herein by reference. Service Provider 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 Service Provider.

A. Service Provider shall perform as required by this Agreement and in accordance with the Scope of Services and Rates Schedule set forth in Exhibit A.

B. Service Provider shall be responsible for payment of all employees’ wages and benefits, and shall co mply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.

C. Service Provider shall not subcontract any of the work required to perform the Services without the express prior written approval of the City.

6. Hold Harmless and Indemnification . Service Provider 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 Service Provider’s negligent or willful wrongful acts, errors or omissions, or those of its employees or agents. Service Provider 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.

7. 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 Service Provider.

8. Non-Discrimination and Equal Employment Opportunity.

A. In the performance of this Agreement, Service Provider shall not discrimina te against any employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Service Provider 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 b e included in all solicitations or advertisements placed by or on behalf of Service Provider for personnel to perform any services under

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Professional Services Agreement; December 2018
this Agreement. The City shall have access to all documents, data and records of Service Provider and its subcontractors for purposes of determining compliance with the equal employment opportunity and non- discrimination provisions of this Section.

9. 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 Service Provider. This Agreement 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 Service Provider may mutually agree in writing to extend the Term of this Agreement.

10. 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, Service Provider 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 Service Provider 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, Service Provider 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 Service Provider.

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. Service Provider shall provide all documents to the City that have not yet been within ten (10) calendar days after termination of the Agreement.

11. Independent Contractor. Service Provider 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.

12. Insurance.

A. The Service Provider, 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:

Commercial General Liability
Each Occurrence $1,000,000
Per Project General Aggregate $2,000,000

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Professional Services Agreement; December 2018
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)

Commercial 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 $2,000,000
General Aggregate $2,000,000

B. The Service Provider’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 insurance written 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 Service Provider for all claims made by the City insured entities arising out of any acts or omissions of Service Provider 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.

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 Service Provider’s insurance and shall not contribute with it.

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Professional Services Agreement; December 2018
F. Service Provider 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:
“Service Provider for General Municipal Election”
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.”

(3) List in the “Certificate Holder” section:

The City of Lancaster, 44933 Fern Avenue, Lancaster, California 93534.

13. Ownership of Documents . All plans, specifications, reports, studies, maps and other documents prepared or obtained by Service Provider 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 Service Provider under this Agreement shall, upon request, be made available to City without restriction or limitation on their use. Service Provider’s pre - existing copyrights remain the property of the Service Provider.

14. Data Provided to Service Provider . City shall provide to Service Provider, 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.

15. Service Provider’s Warranties and Representations.

Service Provider warrants and represents to City as follows:

A. Service Provider has not employed or retained any person or entity, other than a bona fide employee working exclusively for Service Provider, to solicit or obtain this Agreement.

B. Service Provider has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Service Provider, 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. Service Provider 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 Service P rovider, and that if any such interest comes to the knowledge of Service

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Professional Services Agreement; December 2018
Provider 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, Service Provider 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.

16. 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 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. 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.

17. Exhibits.

The following exhibits to which reference is made in this Agreement are deemed incorporated herein in their entirety:

Exhibit “A” Scope of Services and Rates Schedule

18. Governing Law.

This Agreement shall be governed by the laws of the State of California.

19. Effective Date.

This Agreement shall become effective as of the date set forth below on which the last of the parties, whether City or Service Provider, executes said Agreement.

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Professional Services Agreement; December 2018

[Signatures begin on next page.]

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Professional Services Agreement; December 2018
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:

SERVICE PROVIDER

PRODOCUMENT SOLUTIONS DBA PROVOTE
SOLUTIONS, a California corporation

By:

Brad Stiers

Dated:

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

CONTRACT SUBMISSION APPROVAL:

__________________________________________
Department Head

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Professional Services Agreement; December 2018

EXHIBIT A

SCOPE OF SERVICES

AND RATES SCHEDULE

[SEE NEXT PAGE ]

OFFICIAL BALLOTS $35,511.00
1 Machine Setup @ $441.00 /Lot $441.00
24 Digital Print/ Per Precinct @ $80.00 /ea $1,920.00
92,000 Vote by Mail Ballots English -14" Ballot @ $340.00 /M $31,280.00 4,000 Printing Counter/Office Ballots - 14" @ $340.00 /M $1,360.00 1,500 Vote by Mail Ballots English -14" Ballot Addtl 1 @ $340.00 /M $510.00 500 Vote by Mail Ballots English - 14" Ballot Addtl 2 @ $340.00 /M $170.00 Pre-Marked Test Decks $549.00
24 Set up @ $16.00 Per Precinct $384.00
500 14" Test Deck Ballots @ $0.33 /ea $165.00
VBM INKJET ADDRESSING AND MAILING $43,553.79
1 Data Processing and Set Up @ $499.00 /per ea $450.00
24 Machine Set up - Per Precinct @ $14.00 /ea $336.00
92,000 Run Charge - 1 Ballot With Pamphlet @ $399.00 per M $36,708.00 92,000 Ballot Tracking serialization @ $43.00 per M $3,956.00 1 Data Processing and Set Up-Addtl 1 @ $248.00 /per ea $248.00 1,500 Run Charge - 1 Ballot With Pamphlet @ $763.00 /per M $1,144.50 1,500 Ballot Tracking serialization @ $43.00 /per M $64.50 1 Data Processing and Set Up - Addtl 2 @ $248.00 /per ea $248.00 500 Run Charge - 1 Ballot With Pamphlet @ $763.00 /per M $381.50 402 Ballot Tracking serialization @ $43.00 /per M $17.29 500
VOTER PAMPHLETS $44,676.00
1 Election Setup-Covers @ $950.00 /Lot $950.00
1 Ballot Type set up @ $100.00 /ea $100.00
12 Candidate Statement Page Setup @ $102.00 /ea $1,224.00 2 Measure Page Setup-English @ $102.00 /ea $204.00
2 Sample Ballot Page Setup @ $102.00 /ea $204.00
Electronic Copy Input
12 Candidate Statement @ $50.00 /ea $600.00
2 Measure Statement English @ $50.00 /ea $100.00
Misc Book Charges
6 Misc Pages $102.00 /ea $612.00
Booklet Run Charges
94,000 24 Page (12 Part) @ $428.00 /M $40,232.00
Photo Set - up
6 Photo Set up Candidate Statements @ $75.00 /ea $450.00 Instruction Sheet $6,768.00
94,000 8 1/2 X 11 Black ink with I Voted sticker @ $72.00 /M $6,768.00 Envelopes $22,135.00
95,000 Outgoing Envelopes @ $112.00 /ea $10,640.00
95,000 Return Envelopes @ $121.00 /ea $11,495.00
Spanish Translations $1,128.00
6 Candidate Statements @ $76.00 /ea $456.00
2 Measure Page @ $84.00 /Lot $84.00
1 Instruction Page @ $588.00 /Lot $588.00
Boxes $109.20
26 Boxes for Voted Ballots @ $4.20 /ea $109.20
SUBTOTAL $154,429.99
OCTOBER 2023

ESTIMATE - ATTACHMENT TO INVOICE
C– 027615 JOB NO. BILL TO: ALPINE COUNTY CLERK
Election
April 9, 2024
C–116608 JOB NO. BILL TO: DEL NORTE COUNTY
BILL TO: CITY OF LANCASTER
44933 Fern Ave
Lancaster, CA 93534
attn. Andrea Alexander
90 West Poplar Avenue, Porterville, CA 93257
Phone 559 719-2136
Fax 559 719-2111

Version 2.6.2023

SnailWorks™ Service Agreement

Company Name:_________________________

This is an “Agreement” between “You” the “Reseller” and “SnailWorks, LLC”, concerning your use of the SnailWorks services, provided by SnailWorks, LLC.

Services Provided: This agreement provides for integrated marketing support services only, providing postal mail tracking, digital marketing campaign support, and associated services to be provided at prices specified in the Pricing Schedule. Additional reports and other services requested that are outside of the scope of this agreement are subject to additional charges.

Terms: Mail Tracking services are purchased as an annual Subscription or as Scan Credits.

An annual Subscription begins on the “Designated Start Date” set forth below and continues for 12 months. At the end of the first 12 months, it will automatically renew for 1-month periods on a month-to-month basis, unless you or SnailWorks notifies the other, at least 30 days in advance, that it wants to cancel. SnailWorks will send you an invoice for the Subscription at the beginning of each month. Invoices will be sent before the first day of the month, and the terms of payment are net 10 days.

A Scan Credit purchase begins on the “Designated Start Date” set forth below. Scan credit purchases are generally based on estimated mail tracking for 12 months unless otherwise specified. If additional scan credits are required, they will be issued at the “Overs” CPM rate. In no case will scan credits remain active after 24 months from purchase.

Account Set Up Fee: The Mail Tracking Account Setup fee includes creating a primary account in the SnailWorks system, issuing logins to primary account users, and training of the data processors utilizing SnailWorks for the job creation process.

Vendor Training: For end-users and agencies using multiple vendors for their mailing efforts, a training fee of $250 applies to any vendor that has not previously been trained on using the SnailWorks system. Fees for vendors previously trained on the SnailWorks system are waived.

Branding: Fees for co-branding apply if that option is selected, unless noted as included with the subscription or scan credit purchase. White label domain is an additional cost.

Invoicing: Invoices for Monthly Subscriptions are issued at the completion of a monthly period and are are sent out no later than the tenth day of the month. The terms of payment are net 10 days.

Scan Credit purchases are paid for in full after the Service Agreement has been received by SnailWorks. The terms of payment are net 10 days. In the event of nonpayment, SnailWorks, LLC reserves the right to terminate your SnailWorks account and services and all your sub- accounts.

DocuSign Envelope ID: EAF9AD2B-7858-4237-938D-33040D885FDC City of Lancaster - General Election

Version 2.6.2023

Additional Service Fees: In addition to the mail tracking fees specified above, there may be fees charged for other services provided as detailed in the Pricing Schedule in this agreement. These fees will be charged after services are provided monthly. Invoices for such services are sent out no later than the tenth day of the month. The terms of payment are net 10 days.

Unmatched Scan Data: An unmatched scan occurs when a SnailWorks customer mails a piece of mail with an IMb Service Type ID for mail tracking and with a Mailer ID delegated to SnailWorks, without a billable tracking job created in the SnailWorks system.

If such unmatched scans are received by SnailWorks, the customer will be billed for the associated pieces at a rate of 10% of the overs CPM tracking charge. This charge will be included in the monthly invoice. Amounts less than $5.00 in a month will not be billed.

Data Retention: Summary Data is retained for 24 months; Mailing Detail Records are retained for 6 months.

Mailer ID’s: SnailWorks will manage IV Data Delegation for up to 3 Mailer ID’s. Additional Mailer ID Data Delegation to SnailWorks is $100 per MID.

SnailWorks Customer Usage Policy: SnailWorks provides a very flexible and powerful system to our clients. Most systems and processes are developed to serve a specific purpose. Using tools and reporting in ways other than intended can create significant problems system-wide, interfering with processing of jobs across the system. SnailWorks reserves the right to disable features or accounts as needed to protect system integrity.

Uses that may cause actionable problems include, but are not limited to:
• Misuse of User Defined Fields – summary vs. unique value • Generating large numbers of serial number sequence gaps (non-contiguous) • Misuse of auto-splitting – mixing classes
• Misuse or unauthorized use of SnailWorks MID
In the event of a system failure caused by the above or any other misuse, intended or otherwise, SnailWorks will make every effort to remedy the situation with an alternative solution that serves the needs of the customer. SnailWorks does also reserve the right to disable accounts or features until problems can be mitigated.

Use of Trademarks: “SnailWorks” is a registered trademark of SnailWorks, LLC. As an authorized Reseller of Snailworks services, you may use the Snailworks name, logo, and other associated brands in the marketing of your services if you remain active and paid-up Reseller. Upon cancellation of this agreement by either party, you agree to remove all references and branding related to SnailWorks from all your marketing materials (including printed materials, web-based marketing, and web site(s) within 60 days.

Limitations of service: All data is delivered and provided with all faults that SnailWorks, LLC makes, and you receive no additional express or implied warranties. We hereby expressly disclaim all other warranties of any kind or nature concerning SnailWorks services whether express or implied, including without limitation, any warranty of title, merchantability, quality, informational content, accuracy, or fitness for your specific purpose. We expressly disclaim any warranties that may be implied from the usage of trade, course of dealing, or course of performance. We do not warrant exclusivity or non-infringement worldwide. Access to SnailWorks via the Internet is “as is” and “as available” and SnailWorks, LLC provides no warranties of any kind regarding the availability, reliability, or integrity of the Internet, or any data transmitted via the Internet.

DocuSign Envelope ID: EAF9AD2B-7858-4237-938D-33040D885FDC

Version 2.6.2023

SNAILWORKS PRICING SCHEDULE

Outbound Mail Tracking Cost Scans Alloted Overs

Mail Tracking Account Setup
Annual Subscription (billed monthly)
Scan Credit Purchase
Branding (optional if not included)

Vendor Onboarding $250/vendor - if training is required (End-Users/Agencies )

Additional Services Cost Additional Initial Setup

Inbound Response Tracking
Inbound Response Static IMb $150/four mos. $75/mo. extension Inbound Response Unique Imb Contract CPM
Share Mail $100/mailing effort
Plus CPM of mail
tracking contract

Informed Delivery
Informed Delivery Campaigns $150/campaign $50/addl. version

ACS (Address Change Services)
ACS (Customer MID) $150/ setup per MID

Other Options
Daily Feed Mailpiece Detail $125/mo. $150/setup
Annual Data Retention $750/yr.

Personalized QR Code Tracking
QR Code Generation and Tracking $150/mailing effort Plus $3.50/m

Exception Processing/Conditions

DocuSign Envelope ID: EAF9AD2B-7858-4237-938D-33040D885FDC Total estimate for outbound and inbound ballot tracking: $2,355.00 $.015/each
$300
$450.00 - setup 3 mailing cycles; ACS $225.00
92,000$1,380.00

Version 2.6.2023

Designated start date:_____________

For SnailWorks, LLC: For:_____________________
Signature:_______________ Signature:________________ Date:___________________ Date:____________________

Client Contact Information

Company Name:_________________
Address:________________________________________________________________________

Billing Contact
Contact Name:___________________
Email:__________________________
Phone:_________________________

Technical Contact
Contact Name:___________________
Email:__________________________
Phone:_________________________

Account Contact
Contact Name:___________________
Email:__________________________
Phone:_________________________

DocuSign Envelope ID: EAF9AD2B-7858-4237-938D-33040D885FDC 10/20/2023
January 1, 2024
City of Lancaster - General Election

Version 2.6.2023

Security Commitment
We take website security very seriously at SnailWorks. Our commitment to providing a secure online experience for our users is unwavering, and we have implemented several measures to ensure that your personal information and online activity remain safe and secure.

Here are some of the security commitments we make to our users:

1. Protection of Personal Information: We are committed to protecting the personal information of our users, including names, addresses, email addresses, phone numbers, and any other information that may be collected during the use of our website. We employ the latest security measures to prevent unauthorized access, use, or disclosure of your personal information.

2. Use of Secure Protocols: Our website uses SSL encryption protocols to ensure that your data is transmitted securely between your device and our servers. This ensures that any information you provide us remains confidential and cannot be intercepted by third parties.

3. Regular Security Updates: We are constantly monitoring and updating our website to ensure that it remains secure against any potential threats. We use the latest security software and hardware to prevent unauthorized access and to protect against malware, viruses, and other malicious software.

4. Password Protection: We encourage all users to choose strong passwords that are difficult to guess or crack. We also require the use of multi-factor authentication for access to sensitive areas of our website.

5. Timely Notification: In the unlikely event that a security breach does occur, we will notify our users as soon as possible so that appropriate action can be taken to protect their personal information.

We understand that website security is of paramount importance to our users, and we are committed to providing a safe and secure online environment for all. If you have any questions or concerns about the security of our website, please do not hesitate to contact us.

DocuSign Envelope ID: EAF9AD2B-7858-4237-938D-33040D885FDC

Lancaster City CouncilOctober 24, 2023

Lancaster City Council
October 24, 2023