Agenda packet — Lancaster City Council, February 27, 2024 (part 2 of 2)

4 1
4 8
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, CA, do hereby certify that this is a true and correct copy of the original Resolution 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 ________________, ________.
(seal)
_____________________________

EXHIBIT IIAII
LEGAL DESCzuPTON
JSTH STREET WEST AS DEDTCATED AND SHOWN ON THE MAP OF TRACT NO. 45002 tN

THE CITY OF LANCASTER, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, FILED IN BOOK lll2, PAGES t7 THROUGH 26 4NCLUS|VE, OF MA?S tN rHE OFFTCE OF rHE

COUNTY RECORDER OF SAID COUNTY
CONTAINING 24,604 SQUARE FEEL MORE OR LESS.

AS SHOWN ON EXHIBIT ,'B'' ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF.
.r /-
W ll- (lO,r-,- t/zs/zau'1
YU R. GORMAN, LS 8767

LAND SURVEYOR

CITY OF LANCASTER
, DATE
XREF: VACATION24-01
Exp. 1 2/31 /24
NO. 8767
G
s$
LAND
-f
CA
*
J
*
o7
Or
TER
I-r
O t

CITY OF LANCASTER
TITLE:

VACATION OF

ROAD EASEMENT
RESOLUTIONNO.

CITY OF LANCASTER
44933 N. FERNAVENUE
LANCASTER,CA93534
35TH STREET WEST

EXHIBIT ''A''
SHEETIOF2SHEETS

EXHIBIT IIBII
(LOT) D
APN 3111-017-044 (LOT)
APN 3111-017
A
-039 & 040
L=50.2L';T=28.24'3+
corat
N 05"50'01" E;30.fi)'
APN 3111-001-060
A=06'11'04";R=88'
L=9.50';T=4.75'
aloq
o\drn
(LOT) le
APN 3111-017-019
-"$
3d=
,.|,6
APN 3111-001-061 F{U)
E]
F
t-ra
H)l
Fi\n
ea
"O^s
s"T
dpn
t\\o
W'LY LINE OF TRACT NO. 45007
(LOr) 18
APN 3111-017-018
APN 3111-001-064
t")
dN
z (LOr) 17
APN 3111-017-017
Scale: NTS
LEGEND:
tr)
iN
boz

INDICATESAREAOF

VACATIONOF

ROADEASEMENT
L=90"34'44";R=13'
L=2O.50';T=13.13'
N89004',13u

53.13' AVENUE M-4
XREF: VACATION24-01
TER
F.t
O e

CITY OF LANCASTER
TITLE:

VACATION OF

ROAD EASEMENT
RESOLUTIONNO.

CITY OF LANCASTER
44933 N. FERN AVENUE
LANCASTER, CA 93534
35TH STREET WEST

EXHIBIT ''B''
SHEET 2OF2 SHEETS
Plat Map

STAFF REPORT
City of Lancaster
CC 8
2/27/2024
JC
Date: February 27, 2024
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Director – Community Development Chenin Dow, Assistant Director – Housing & Economic Development Subject: Consideration for approval of actions in connection with Successor Agency-owned parcels related to compliance with the Surplus Land Act and a Purchase and Sale Agreement with the City of Lancaster
Recommendations:

1. Adopt Resolution No. , approving the proposed purchase and sale agreements for various Successor Agency-owned properties between the Successor Agency and the City of Lancaster.

2. Appropriate $540,000 from General Fund to Account No. 101-24000-8010.

3. Authorize the City Manager, or his designee, to execute all related documents.

Fiscal Impact:

Total land acquisition costs of $2,007,000. $1,467,000 of this amount will be sourced from previously appropriated Community Development Block Grant (CDBG) funds for parcels to be utilized for affordable housing, while $540,000 will come from the General Fund for parcels to be utilized for economic development.

Background:

Since the State of California’s dissolution of Redevelopment Agencies in 2011, City staff have worked to wind down Lancaster’s former Redevelopment Agency (LRA). This included the disposition of several hundred parcels acquired throughout the LRA’s existence, not counting those held by the Lancaster Housing Authority for affordable housing development.

While hundreds of parcels have been disposed of to date, approximately 130 parcels remain in the hands of the Successor Agency. A number of these parcels represent a unique opportunity to solve a long-term development challenge for the City of Lancaster, while also providing new assets for affordable housing and economic development.

Ninety-eight of the subject parcels lie in the area known as the “Herald Tract,” located in the Transit-Oriented Development Zone adjacent to the Lancaster Metrolink Station and The 1 5
4 4
BLVD. In 1910, the Los Angeles Evening Herald newspaper offered free parcels of land in Lancaster as an enticement to purchase a year’s subscription of the Herald. At just 25 feet by 125 feet, these lots are too small to accommodate most uses and require assembly in order to make development feasible. While a handful of sites have been assembled in the last century to develop homes and businesses, the bulk of these parcels remain frozen in the year 1910.

Like the Successor Agency, the Lancaster Housing Authority also holds a number of Herald Tract parcels. By leveraging CDBG funds intended to further affordable housing, the City can combine both entities’ parcels and continue the work to assemble additional parcels within this area, ultimately creating one or more contiguous, developable sites. This will establish new opportunities to build mixed-use sites featuring a variety of affordable housing options, providing much-needed housing units while also fulfilling the long-term vision of fostering transit-oriented development in this key area of the City.

In addition to the Herald Tract parcels, staff proposes the acquisition of ten additional residentially-zoned parcels on scattered sites throughout the City. Staff will explore opportunities for infill residential projects to provide affordable housing on these sites, with a focus on homeownership programs. These parcels, along with those in the Herald Tract, will be funded through previously appropriated CDBG funds for affordable housing.

The Successor Agency also holds two parcels comprising a 10.46-acre site in the Fox Field Industrial Corridor. Staff is proposing the acquisition of these parcels via General Fund for future economic development purposes.

CD/js
Attachments:

Exhibit A: List of Properties
Purchase and Sale Agreement
RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LANCASTER, CALIFORNIA APPROVING

THE PURCHASE OF CERTAIN PROPERTIES AND

AUTHORIZING EXECUTION OF A PURCHASE AND

SALE AGREEMENT OR AGREEMENTS IN

CONNECTION THEREWITH
WHEREAS, the Oversight Board for the Successor Agency to the Lancaster Redevelopment Agency (“Oversight Board”) previously approved a Long Range Property Management Plan (the “2013 LRPMP”) as submitted by the Successor Agency to the Lancaster Redevelopment Agency (the “Successor Agency”); and
WHEREAS, the Successor Agency received comments from the California Department of Finance (“DOF”) indicating that certain revisions were required to the 2013 LRPMP, following the receipt of which the Successor Agency prepared and submitted to the Oversight Board for its consideration a revised draft long range property management plan, in a form subsequently approved by the Oversight Board and, thereafter, DOF in 2015 (as so amended, the “LRPMP”); and
WHEREAS, among the properties listed in the LRPMP are those certain properties listed in Exhibit “A” hereto (the “Listed Properties”); and WHEREAS, the former Lancaster Redevelopment Agency (“Former Agency”) engaged in efforts to market the Listed Properties for sale. Efforts by the Former Agency to sell the Listed Properties were not successful; and
WHEREAS, the City is prepared to pay and now offers to pay for the Listed Properties (and each of them) the respective amounts therefor as set for in the accompanying staff report (each amount constituting the “Price” and, as aggregated, the “Prices”), with the cost for preparation of title insurance policies, escrow fees and other closing costs to be allocated in the manner customary for transactions in southern California. The Prices, less those costs allocable to the Successor Agency as seller, would be applied as part of the redevelopment property tax trust fund (“RPTTF”) and thus would be available to be factored out ratably among taxing agencies. In addition to benefiting from the allocation of purchase money (net of closing costs), the taxing agencies would benefit by the Successor Agency being spared the cost and burden for the ongoing maintenance of the Listed Properties; and WHEREAS, the offer of the City to purchase the Listed Properties on the terms set forth above, in addition to other customary terms and conditions, is set forth in the draft agreement for the sale by Successor Agency to the City of the Property, in the form submitted herewith (the “Purchase and Sale Agreement”). It is understood and approved that a separate Purchase and Sale Agreement may be approved as to each of the Listed Properties; and WHEREAS, by this Resolution, the City Council approves the acquisition of the Listed Properties, and each of them, on the terms set forth above in this Resolution; Resolution No.

Page 2 ends

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER AS FOLLOWS:

Section 1. The City Council approves the acquisition of each of the Listed Properties under the terms and conditions as set forth above as more particularly set forth in the Purchase and Sale Agreement.

Section 2. The City Council approves a Purchase and Sale Agreement substantially in the form submitted as to each of the Listed Properties and authorizes and directs the City Manager or his designee to execute, on behalf of the City, a Purchase and Sale Agreement as to each of the Listed Properties and to execute a grant deed or grant deeds or other form of deed to transfer each of the Listed Properties to the City as well as such other instruments as may be necessary or convenient to effect the transfer of the Listed Properties to the City as described herein, including without limitation deed acceptances.

Section 3. In the event a transfer of a particular Listed Property is hereafter not approved, or if the City hereafter elects to refrain from taking title to such Listed Property, this Resolution shall remain in full force and effect as to the remainder of the Listed Properties.

Section 4. The City Clerk shall maintain on file as a public record this Resolution.

Resolution No.

Page 3 ends

PASSED, APPROVED and ADOPTED this the 27 th day of February, 2024 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 OF LANCASTER
I, ________________________________, ___________________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Resolution No. -24, for which the original is on file in my office.

WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this 27 th day of February, 2024.
(seal)
___________________________________

PURCHASE AND SALE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS
SELLER: Successor Agency to the Lancaster
Redevelopment Agency
BUYER: City of Lancaster, a municipal corporation and
charter city
DATED: March 14, 2024
i

BASIC TERMS
Buyer: City of Lancaster, a municipal corporation and charter city Buyer’s Address: City of Lancaster
Attention: Chenin Dow
44933 N. Fern Avenue
Lancaster, CA 93534
Email: [email protected]
Closing Contingency Date: April 1, 2024
Closing Date (or Closing) April 15, 2024, but not later than the Outside Date Deed: A grant deed in the form of Exhibit B hereto
Effective Date: March 14, 2024
Escrow Holder: First American Title Company
42220 10th Street West, Suite 108
Lancaster, California 91761
Independent
Consideration Amount: One Hundred Dollars ($100.00)
Outside Date: April 17, 2024; provided that such date may be extended with the prior written approval of Buyer and Seller, each acting in the discretion of its chief executive officer
Purchase Price: Two Million Seven Thousand Dollars ($2,007,000) Real Property: That property described in Exhibit A hereto Seller: Successor Agency to the Lancaster Redevelopment Agency Seller’s Address: 44933 N. Fern Avenue
Lancaster, California 93534
Attention: Chenin Dow
Tel. (661) 723-6165
Email: [email protected]
Soil and Title Contingency
Date: April 1, 2024
Title Company: First American Title Company
42220 10th Street West, Suite 108
Lancaster, California 91761
1 PURCHASE AND SALE AGREEMENT
AND

JOINT ESCROW INSTRUCTIONS
This PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS (“Agreement”) is made and entered into as of March 14, 2024 (the “Effective Date”) by and between Seller and Buyer.

RECITALS
A.Seller is the fee owner of the Real Property.

B.Seller has offered to sell to Buyer the Real Property described herein for the price and subject to the terms set forth below. Buyer has considered the offer by Seller and agrees to buy from Seller the Real Property, as more specifically described below.

C. In addition to the Purchase Price, material considerations to Seller in agreeing to enter into this Agreement, Buyer has agreed to pay to Seller the Independent Consideration Amount as more fully set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree as follows:

1. Purchase and Sale. Seller hereby agrees to sell the Real Property to Buyer, and Buyer hereby agrees to purchase the Real Property from Seller, on the terms and conditions set forth in this Agreement. The term Real Property is defined collectively as the following: The fee interest in the Real Property to be conveyed by a grant deed in the form of the Deed.

2. Payment of Consideration. As consideration for the sale of the Real Property from Seller to Buyer, Buyer shall, at the Closing (as defined below), pay to Seller the Purchase Price for the Real Property. Upon receipt of the Purchase Price (less any adjustments made to clear liens and to defray Seller’s costs of sale including, but not limited to, the preparation of legal documents and costs incurred by the Buyer or Seller to validate the purchase price and the Seller’s share of closing costs), Seller may use such moneys for any purpose of its choosing.

3. Escrow and Independent Consideration.
(a) Opening of Escrow. For the purposes of this Agreement, the escrow (“Escrow”) shall be deemed opened (“Opening of Escrow”) on the date that Escrow Holder receives a copy of this Agreement fully executed by Buyer and Seller. Buyer and Seller shall use their best efforts to cause the Opening of Escrow to occur on or before five (5) business days after the Effective Date. Escrow Holder shall promptly notify Buyer and Seller in writing of the date of the Opening of Escrow. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions or other instruments reasonably required by Escrow Holder to consummate the transaction contemplated by this Agreement; provided, however, that no such instruments shall be inconsistent or in conflict with, amend or supersede any portion of this Agreement. If there is any conflict or inconsistency between the terms of such instruments and the terms of this Agreement, then the terms of this Agreement shall control. Without limiting the 2 generality of the foregoing, no such instruments shall extinguish any obligations imposed by this Agreement or any other agreement between Seller and Buyer. (b) Independent Consideration. (i) Within two (2) days after the Effective Date, Buyer shall pay to Seller the Independent Consideration Amount to be retained by Seller as non- refundable independent consideration but applicable to the Purchase Price. The Independent Consideration Amount has been bargained for and agreed to as consideration for Seller’s execution and delivery of this Agreement and Buyer holding the Real Property off the market for a period commencing as of the Effective Date and continuing until the Outside Date and for the rights and privileges granted to Buyer herein, including any and all rights granted to Buyer to terminate this Agreement under the circumstances provided for herein. Notwithstanding anything to the contrary contained in this Agreement, the Independent Consideration Amount shall be non-refundable in all events, except for (i) Seller’s default hereunder, (ii) the failure of the Oversight Board of the Successor Agency to the Lancaster Redevelopment Agency (the “Oversight Board”) to approve the sale of the Real Property as provided under this Agreement, and (iii) actions by the California Department of Finance (“DOF”) which prevent the disposition of the Real Property to Buyer as provided under this Agreement. If the Closing occurs, a credit shall be applied to the Purchase Price based upon payment of the Independent Consideration Amount.
(ii) Closing. For purposes of this Agreement, the “Closing” or “Closing Date” shall be the date the Deed (as defined below) is recorded pursuant to applicable law in the county in which the Real Property is located. Unless changed in writing by Buyer and Seller, the Closing shall occur on the Closing Date, or as soon thereafter as the conditions precedent to closing are satisfied pursuant to Sections 6 and 7 of this Agreement. If the Closing has not, for any reason, occurred by the Closing Date, then either Buyer or Seller may terminate this Agreement by delivering written notice to the other at any time after the outside Closing Date; provided, however, that if either party is in default under this Agreement at the time of such termination, then such termination shall not affect the rights and remedies of the non-defaulting party against the defaulting party.

4. Seller’s Delivery of Real Property and Formation Documents. Within ten (10) days after the Effective Date, Seller shall deliver to Buyer the following items (collectively, the “Property Documents”):
(a) Such proof of Sellers’ authority and authorization to enter into this Agreement and to consummate this transaction as may be reasonably requested by Buyer and the Title Company consistent with the terms of this Agreement, including without limitation approval of the Oversight Board of the sale of the Real Property by Seller to Buyer or evidence that such approval is not necessary.

In addition, Seller shall cause Escrow Holder to obtain and deliver to Buyer a Natural Hazard Report as provided for under Sections 1102 and 1103 of the California Civil Code (the “Natural Hazard Report”) on or before the Soil and Title Contingency Date.

5. Buyer’s Right of Entry. From and after the Opening of Escrow through the earlier to occur of the termination of this Agreement or the Soil and Title Contingency Date, or as otherwise agreed in writing by Seller prior to entry is effected, Buyer and Buyer’s employees, agents, consultants and contractors shall have the right to enter upon the Real Property during normal business hours, provided reasonable prior notice has been given to Seller. 3 (a) Investigation of the Real Property. In addition to the foregoing, the Buyer shall have the right, at its sole cost and expense, prior to the Soil and Title Contingency Date, to engage its own environmental consultant (the “Environmental Consultant”) to make such investigations as Buyer deems necessary or appropriate, including any “Phase 1” or “Phase 2” investigations of the Real Property. If, based upon such evaluation, inspections, tests or investigation, Buyer determines that it, in its discretion, does not wish to proceed with purchase of the Real Property based upon the condition of the Real Property, Buyer may cancel this Agreement by giving written notice of termination to Seller on or before the Soil and Title Contingency Date which specifically references this Section 5. If Buyer does not cancel this Agreement by the time allowed under this Section 5, Buyer shall be deemed to have approved the evaluation, inspections and tests as provided herein and to have elected to proceed with this transaction on the terms and conditions of this Agreement. Buyer shall provide a copy to Seller of all reports and test results provided by Buyer’s Environmental Consultant promptly after receipt by the Buyer of any such reports and test results without any representation or warranty as to their accuracy or completeness.

Buyer shall bear all costs, if any, associated with restoring the Real Property to the condition prior to its testing by or on behalf of Buyer if requested to so do by Seller. Buyer is a sophisticated party and is familiar with the acquisition and use of property, including for commercial uses.
(b) No Warranties as to the Real Property. The physical condition and possession of the Real Property, is and shall be delivered from Seller to Buyer in an “as is” condition, with no warranty expressed or implied by Seller. In addition, Seller makes no representations, warranties or assurances concerning the Real Property, its suitability for any particular use or with regard to the approval process for entitlements as to the Real Property.

6. Buyer’s Conditions Precedent and Termination Right.
(a) Conditions Precedent. Buyer’s obligation to consummate the purchase of the Real Property under this Agreement are subject to the timely satisfaction or written waiver of the following conditions precedent (collectively, “Buyer’s Contingencies”), which are for Buyer’s benefit only.
(i) Title Review. Within thirty (30) calendar days after the Opening of Escrow, Seller shall cause the Title Company to deliver to Buyer a preliminary title report (the “Report”) describing the title to the Real Property, together with copies of the plotted easements and the exceptions (the “Exceptions”) set forth in the Report; provided that the cost of the Report shall be borne by Seller. On or before the Soil and Title Contingency Date, Buyer shall have approved in writing, in Buyer’s sole discretion, any matters of title disclosed by the following (collectively, the “Title Documents”): (i) the Report; (ii) the Exceptions; (iii) the legal description of the Real Property and (iv) any survey Buyer desires to obtain at Buyer’s sole cost and expense. Buyer shall have the same rights to approve or disapprove any exceptions to title that are not created by Buyer and that come into existence after issuance of the Report but prior to Closing. Seller shall, on or before the Closing, remove all deeds of trust, mortgages and delinquent taxes (but not the lien for any real property taxes or assessments not yet delinquent).
(ii) Buyer’s Title Policy. On or before the Closing, the Title Company shall, upon payment (by Buyer) of the Title Company’s premium, have agreed to issue to Buyer, a standard ALTA owner’s policy of title insurance insuring only as to matters of record title (“Standard 4 Buyer’s Title Policy”) in the amount of the Purchase Price showing fee title to the Real Property vested solely in Buyer and subject only to the (i) the standard, preprinted exceptions to Buyer’s Title Policy; (ii) liens to secure payment of real estate taxes or assessments not yet delinquent; (iii) matters affecting the Real Property created by or with the written consent of Buyer; and (iv) those matters specifically approved in writing by Buyer. Buyer shall have the right, at its sole cost and expense, to obtain coverage beyond that offered by a Standard Buyer’s Title Policy (such as an owner’s extended coverage ALTA policy); provided, however, that Buyer’s ability to obtain such extended coverage shall not be a Buyer’s Contingency and Buyer’s obligations hereunder shall in no way be conditioned or contingent upon obtaining such extended coverage. Buyer shall have sole responsibility for obtaining, and bearing the cost of, any endorsements and for any survey or other matters required by the Title Company for such extended coverage.

In the event Buyer enters into a loan agreement to generate moneys to purchase the Real Property from Seller under this Agreement, Buyer and not Seller shall be responsible for the title insurance, closing costs and any other costs, fees or expenses in relation to Buyer obtaining such loaned moneys. The sale shall be all cash to Seller. (iii) Physical and Legal Inspections and Studies. On or before Soil and Title Contingency Date, Buyer shall have approved in writing, in Buyer’s sole and absolute discretion, the results of any physical and legal (but not feasibility or economic) inspections, investigations, tests and studies Buyer elects to make or obtain, including, but not limited to, investigations with regard to zoning, building codes and other governmental regulations; engineering tests; soils, seismic and geologic reports; environmental audits, inspections and studies; environmental investigation or other invasive or subsurface testing; and any other physical or legal inspections and/or investigations as Buyer may elect to make or obtain.
(iv) Natural Hazard Report. Seller shall cause the Escrow Holder to provide to Buyer prior to the Soil and Title Contingency Date the Natural Hazard Report described at Section 8(a)(iii) of this Agreement; provided that Seller shall bear the cost to prepare such Natural Hazard Report.
(v) Property and Formation Documents. On or before the Soil and Title Contingency Date, Buyer shall have approved in writing, in Buyer’s reasonable discretion, the terms, conditions and status of all of the Property Documents. (vi) Delivery of Documents. Seller’s delivery of all documents described in Section 8, below.
(vii) Representations and Warranties. All representations and warranties of Seller contained in this Agreement shall be materially true and correct as of the date made and as of the Closing.
(viii) Title Company Confirmation. The Title Company shall have confirmed that it is prepared to issue the Buyer’s Title Policy consistent with the provisions of this Agreement.
(ix) Oversight Board and DOF Approval. The Oversight Board and, if required as a condition of the issuance of title insurance or by either party hereto, approval by DOF, 5 shall have been given as to the disposition of the Real Property by Seller to Buyer under this Agreement.
(x) No Default. As of the Closing, Seller shall not be in default in the performance of any material covenant or agreement to be performed by Seller under this Agreement. (b) Termination Right. Each of (i) and (ii) shall operate independently and each shall entitle Seller to terminate this Agreement, as follows:
(i) If the Independent Consideration Amount is not paid by Buyer to Seller by the time set forth therefor in Section 3(b)(i) of this Agreement, then this Agreement may terminate at the election of Seller upon Seller giving written notice thereof to Buyer; (ii) If any of Buyer’s Contingencies are not met by the Outside Date, and Buyer so informs Seller, Buyer may, by written notice to Seller, terminate this Agreement.

If this Agreement is so terminated, then (except to the extent expressly allocated to one party hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer, unless Seller is in default hereunder, in which case Seller shall pay all such fees. If the Agreement has not been terminated pursuant to (i) or (ii) of this Section 6(b) and Buyer has not terminated this Agreement in writing (“Termination Notice”) on or before 5:00 p.m. on the Monday preceding the scheduled Closing (“Termination Notice Deadline”), then all such Buyer’s Contingencies shall be deemed to have been satisfied and this Agreement shall continue pursuant to its terms. If Buyer has not delivered a Termination Notice as the items set forth in Sections 6(a)(i)-(xi) inclusive, prior to the Termination Notice Deadline, such Buyer’s Contingencies shall be deemed to have been satisfied.

If this Agreement is terminated, then (except to the extent expressly allocated to one party hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer, unless Seller is in default hereunder, in which case Seller shall pay all such fees. (c) Seller’s Cure Right. Buyer shall notify Seller, in Buyer’s Termination Notice, of Buyer’s disapproval or conditional approval of any Title Documents. Seller shall then have the right, but not the obligation, to (i) remove from title any disapproved or conditionally approved Exception(s) (or cure such other title matters that are the basis of Buyer’s disapproval or conditional approval of the Title Documents) within five (5) business days after Seller’s receipt of Buyer’s Termination Notice, or (ii) provide assurances reasonably satisfactory to Buyer that such Exception(s) will be removed (or other matters cured) on or before the Closing. With respect to any such Exception, it shall be sufficient for purposes hereof for Seller to commit in writing, within the applicable period, to remove such Exception at or before the Closing. Seller’s failure to remove such Exception after committing to do so shall be a default hereunder. An Exception shall be deemed removed or cured if Seller furnishes Buyer with evidence that the Title Company will issue the Buyer’s Title Policy, as defined herein, at the Closing deleting such Exception or providing an endorsement (at Seller’s expense) reasonably satisfactory to Buyer concerning such Exception. If Seller cannot or does not remove or agree to remove any of the disapproved Exception(s) (or cure other matters) within such five (5) business day period, Buyer shall have three (3) business days after the expiration of such five (5) business day period to give Seller written notice that Buyer elects to proceed with the purchase of the Real Property subject to the disapproved Title Document(s), it being understood that Buyer shall have no further recourse against Seller for such disapproved Title Exception(s). 6 7. Seller’s Conditions Precedent and Termination Right. Seller’s obligations with respect to the transaction contemplated by this Agreement are subject to the timely satisfaction or written waiver of the following condition precedent (“Seller’s Contingencies”), which are for Seller’s benefit only:
(a) Completion of Title Review. Seller shall have received written confirmation from Buyer on or before the Soil and Title Contingency Date that Buyer has completed its review of title and that the condition of title satisfactory.
(b) Confirmation Regarding Buyer’s Title Policy. Seller shall have received written confirmation from Buyer on or before the Soil and Title Contingency Date that Buyer has approved a pro forma title policy.
(c) Liens. Seller shall have obtained the consent of any lien holder to the release of such liens prior to or concurrent with closing.
(d) Oversight Board and DOF Approval. The approval by the Oversight Board and DOF shall have been given as to the disposition of the Real Property by Seller to Buyer under this Agreement unless the Title Company determines that such approval is not required in order for the Title Company to insure title.
(e) Delivery of Documents. Buyer’s delivery of all documents described in Section 9(a), below.

Should any of Buyer’s Contingencies not be met by the respective times set forth for the satisfaction for such contingency (and without regard to whether all such contingencies have been removed or satisfied) and Buyer has so informed Seller, Seller may, by written notice to Buyer, terminate this Agreement; such termination rights shall be in addition to those termination rights of Seller as set forth in Section 6. If this Agreement is so terminated, then (except to the extent expressly allocated to one party hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer.

8. Seller’s Deliveries to Escrow Holder.
(a) Seller’s Delivered Documents. At least one (1) business day prior to the Closing Date, Seller shall deposit or cause to be deposited with Escrow Holder the following items, duly executed and, where appropriate, acknowledged (“Seller’s Delivered Items”):
(i) Deed. The Deed attached hereto as Exhibit B.
(ii) FIRPTA/Tax Exemption Forms. The Transferor’s Certification of Non-Foreign Status in the form attached hereto as Exhibit C (the “FIRPTA Certificate”), together with any necessary tax withholding forms, and a duly executed California Form 593-C, as applicable (the “California Exemption Certificate”).
(iii) Hazard Disclosure Report. Unless earlier delivered to Buyer, Seller shall cause Escrow Holder to obtain and deliver to Buyer, at Seller’s cost, a Natural Hazard Report as provided for under Sections 1102 and 1103 of the California Civil Code (the “Natural Hazard Report”) before the Closing.
7 (iv) Possession of Real Property. Possession of the Real Property free of any tenancies or occupancy.
(v) Authority. Such evidence of Seller’s authority and authorization to enter into this Agreement and to consummate this transaction as may be reasonably requested by Buyer and the Title Company which are consistent with the terms of this Agreement. (vi) Further Documents or Items. Any other documents or items reasonably required to close the transaction contemplated by this Agreement as determined by the Title Company which are consistent with the terms of this Agreement. (b) Failure to Deliver. Should any of Seller’s Delivered Items not be timely delivered to Escrow, Buyer may, by written notice to Seller, terminate this Agreement; provided, however, that Buyer may (but shall not be obligated to) in such notice provide Seller with five (5) business days to deliver all of Seller’s Delivered Items. If Buyer’s notice provides Seller such five (5) business days to deliver Seller’s Delivered Items, and if Seller’s Delivered Items are not delivered within such period, then this Agreement shall automatically terminate without further action or notice.

In the event of any such termination, any cash deposited by Buyer shall immediately be returned to Buyer. Under no circumstances shall Buyer have any responsibility to or duty to pay consultants or real estate brokers retained by Seller, Seller being solely responsible in connection with any such contractual arrangements of Seller.

9. Buyer’s Deliveries to Escrow. At least one (1) business day prior to the Closing Date, Buyer shall deposit or cause to be deposited with Escrow Holder the following, each duly executed and acknowledged, by Buyer as appropriate (“Buyer’s Delivered Items”):
(a) Purchase Price. The Purchase Price, less amounts which Seller confirms in writing to Escrow Holder were theretofore paid to Seller as the Independent Consideration Amount, together with additional funds as are necessary to pay Buyer’s closing costs set forth in Section 10(b) herein. In the event Seller does not qualify for an exemption from California withholding tax under Section 18662 of the California Revenue and Taxation Code, as evidenced by the delivery at Closing of the California Exemption Certificate duly executed by Seller, Title Company shall withhold three and one-third percent (3-1/3%) of the Purchase Price on behalf of Buyer for payment to the California Franchise Tax Board in accordance with Section 11(b) hereof. In the event Seller is not exempt from such withholding or does not otherwise deliver the California Exemption Certificate at Closing, Buyer shall execute and deliver three (3) originals of California Form 593 to Title Company at or immediately after Closing.
(b) Change of Ownership Report. One (1) original Preliminary Change of Ownership Report.
(c) Final Escrow Instructions. Buyer’s final written escrow instructions to close escrow in accordance with the terms of this Agreement.
(d) Authority. Such proof of Buyer’s authority and authorization to enter into this Agreement and to consummate the transaction contemplated hereby as may be reasonably requested by Seller or the Title Company.
8 (e) Further Documents or Items. Any other documents or items reasonably required to close the transaction contemplated by this Agreement as determined by the Title Company.

10. Costs and Expenses.
(a) Seller’s Costs. If the transaction contemplated by this Agreement is consummated, then Seller shall be debited for and bear the following costs: (i) costs and charges associated with the removal of encumbrances; (ii) Seller’s share of prorations; (iii) one half of the premium for a Standard Buyer’s Title Policy with coverage in the amount of the Purchase Price; (iv) one half of the Escrow Holder’s fee; (v) one half of the appraisal charges incurred by Seller or the Buyer as to the Real Property; (vi) documentary recording fees, if any; (vii) documentary transfer tax, if any; and (viii) costs, if any, allocable to Seller under this Agreement and costs for such services as Seller may additionally request that Escrow perform on its behalf (which foregoing items collectively constitute “Seller’s Costs and Debited Amounts”).
(b) Buyer’s Costs. If the transaction contemplated by this Agreement is consummated, then Buyer shall bear the following costs and expenses: (i) one half of the Escrow Holder’s fee; (ii) Buyer’s share of prorations, (iii) one half of the premium for a Standard Buyer’s Title Policy with coverage in the amount of the Purchase Price; (iv) the premium for title insurance other than or in excess of a Standard Buyer’s Title Policy based on the Purchase Price, and, if applicable, the cost for any survey required in connection with the delivery of an ALTA owner’s extended coverage policy of title insurance; (v) one half of escrow charges; (vi) one half of the appraisal charges incurred by Seller or the Buyer as to the Real Property; (vii) one half of recording and other costs of closing; (viii) costs, if any, for such services as Buyer may additionally request that Escrow perform on its behalf; (ix) any remuneration payable to Buyer’s Agent (which may be paid outside of escrow as referenced in Section 9(e), above); and (x) any costs associated with Buyer borrowing money in order to pay to Seller the Purchase Price (collectively, “Buyer’s Costs and Debited Amounts”).
(c) Generally. Each party shall bear the costs of its own attorneys, consultants, and real estate brokers in connection with the negotiation and preparation of this Agreement and the consummation of the transaction contemplated hereby. Escrow Holder shall disburse those amounts for matters referenced in Section 2 as directed in writing by Seller. Buyer represents to Seller that Buyer has not engaged the services of any consultants, finders or real estate brokers in connection with the purchase of the Real Property from the Seller other than Buyer’s Agent; Buyer shall be solely responsible to compensate Buyer’s Agent, which shall occur outside of escrow and is a matter with which Escrow Holder and Seller need not be concerned. Seller represents to Buyer that Seller has not engaged the services of any consultants, finders or real estate brokers in connection with the sale of the Real Property to the Buyer.

11. Prorations; Withholding.
(a) All revenues (if any) and expenses relating to the Real Property (including, but not limited to, property taxes, utility costs and expenses, water charges and sewer rents and refuse collection charges) shall be prorated as of the Closing Date; provided that all delinquent taxes shall be satisfied at the expense of Seller. Not less than five (5) business days prior to the Closing, Seller shall deliver to Buyer a tentative schedule of prorations for Buyer’s approval (the “Proration and Expense Schedule”). If any prorations made under this Section shall require final adjustment after the Closing, then the parties shall make the appropriate adjustments promptly when accurate 9 information becomes available and either party hereto shall be entitled to an adjustment to correct the same. Any corrected or adjustment proration shall be paid promptly in cash to the party entitled thereto.
(b) In the event Seller does not qualify for an exemption from California withholding tax under Section 18662 of the California Revenue and Taxation Code (the “Tax Code”) as evidenced by the delivery to Buyer at Closing of the California Exemption Certificate duly executed by Seller, (i) Title Company shall withhold three and one-third percent (3-1/3%) of the Purchase Price on behalf of Buyer at Closing for payment to the California Franchise Tax Board in accordance with the Tax Code, (ii) Buyer shall deliver three (3) duly executed copies of California Form 593 to Title Company at or immediately after Closing, (iii) two (2) copies of California Form 593 shall be delivered by Title Company to Seller, and (iv) on or before the 20 th day of the month following the month title to the Real Property is transferred to Buyer (as evidenced by the recording of the Grant Deed), Title Company shall remit such funds withheld from the Purchase Price, together with one (1) copy of California Form 593 to the California Franchise Tax Board on behalf of Buyer. Buyer and Seller hereby appoint Title Company as a reporting entity under the Tax Code, authorized to withhold and remit the withholding tax contemplated under the Tax Code, together with such other documents required by the Tax Code (including, without limitation, California Form 593), to the California Franchise Tax Board.

12. Closing Procedure. When the Title Company is unconditionally prepared (subject to the payment of the premium therefor) to issue the Buyer’s Title Policy and all required documents and funds have been deposited with Escrow Holder, Escrow Holder shall immediately close Escrow in the manner and order provided below.
(a) Recording. Escrow Holder shall cause the Deed to be recorded pursuant to applicable law in the county in which the Real Property is located and obtain conformed copies thereof for distribution to Buyer and Seller.
(b) Disburse Funds. Escrow Holder shall debit or credit (as provided herein) all Buyer’s Costs and Debited Amounts, Seller’s Costs and Debited Amounts and General Expenses, prorate matters and withhold funds as provided herein. The Purchase Price, less any applicable debits or credits (which have been confirmed in writing by Seller to Escrow Holder and which may include any liens as to which such liens and the amount to satisfy such liens) shall be distributed by check payable to Seller unless Escrow Holder is instructed otherwise in writing signed by Seller (and, in such event, in accordance with such instructions). Seller authorizes Escrow Holder to request demands for payment and to make such payments from the Purchase Price (or such other funds, if any, as are advanced by Seller) to defray the cost of removing deeds of trust, liens and other encumbrances (but not for obligations of Buyer). Escrow Holder shall disburse on behalf of Buyer such moneys as are deposited by Buyer (in addition to the Purchase Price and Buyer’s share of closing costs) as the commission for Buyer’s Agent (unless Buyer’s Agent shall deliver a written statement to Escrow Holder which indicates that Buyer has arranged to pay Buyer’s Agent outside escrow and that payment of such remuneration is a matter with respect to which Escrow Holder and Seller need not be concerned).
(c) Documents to Seller. Escrow Holder shall deliver to Seller a conformed copy of the Deed, and documents, if any, recorded on behalf of any lender, as duly recorded among the official land records of the County of Los Angeles, and a copy of each other document (or copies thereof) deposited into Escrow by Buyer pursuant hereto. 10 (d) Documents to Buyer. Escrow Holder shall deliver to Buyer the original FIRPTA Certificate, the original California Exemption Certificate (as applicable), and a conformed copy of each of the Deed as duly recorded among the official land records of the County of Los Angeles, the Natural Hazard Report, one of the instruments described in subsection (f) of Section 7 hereof, and each other document (or copies thereof) deposited into Escrow by Seller pursuant hereto, including, without limitation, those documents referenced in Section 8. (e) Title Company. Escrow Holder shall cause the Title Company to issue the Buyer’s Title Policy to Buyer.
(f) Closing Statement. Escrow Holder shall forward to both Buyer and Seller a separate accounting of all funds received and disbursed for each party. (g) Informational Reports. Escrow Holder shall file any information reports required by Internal Revenue Code Section 6045(e), as amended. (h) Possession. Possession of the Real Property shall be delivered to Buyer at the Closing.

13. Representations and Warranties.
(a) Seller’s Representations and Warranties. In consideration of Buyer entering into this Agreement and as an inducement to Buyer to purchase the Real Property, Seller makes the following representations and warranties as of the Effective Date and as of the Closing, each of which is material and is being relied upon by Buyer (and the truth and accuracy of which shall constitute a condition precedent to Buyer’s obligations hereunder), and all of which are material inducements to Buyer to enter into this Agreement (and but for which Buyer would not have entered into this Agreement) and shall survive Closing:
(i) Seller believes that it has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated, subject to the approval of the Oversight Board and, as may be applicable, DOF. (ii) Subject to the approval of the Oversight Board and, as may be applicable, DOF, Seller believes that all requisite action (corporate, trust, partnership or otherwise) has been taken by Seller in connection with entering into this Agreement and the instruments referenced herein; and, by the Closing, all such necessary action will have been taken to authorize the consummation of the transaction contemplated hereby.
(iii) Subject to the approval of the Oversight Board and, as may be applicable, DOF, the individual executing this Agreement and the instruments referenced herein on behalf of Seller has the legal power, right and actual authority to bind Seller to the terms and conditions hereof and thereof.
(iv) Seller believes that neither the execution or delivery of this Agreement or the documents or instruments referenced herein, nor incurring the obligations set forth herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement or the documents or instruments referenced herein or therein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note 11 or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, lease or other agreement or instrument to which Seller is a party or that affect the Real Property, including, but not limited to, any of the Title Documents or the Property Documents. (v) There is no pending litigation nor, to the best of Seller’s knowledge, threatened litigation, which does or will adversely affect the right of Seller to convey the Real Property. There are no claims which have been received by Seller that have not been disclosed to Buyer.
(vi) Seller has made no written or oral commitments to or agreements with any governmental authority or agency materially and adversely affecting the Real Property, or any part hereof, or any interest therein, which will survive the Closing. (vii) There are no leases or rental agreements in effect as to the Real Property.
(viii) Seller is not in default of its obligations under any contract, agreement or instrument to which Seller is a party pertaining to the Real Property. (ix) There are no mechanics’, materialmen’s or similar claims or liens presently claimed or which will be claimed against the Real Property for work performed or commenced for Seller or on Seller’s behalf prior to the date of this Agreement. (x) There are no undisclosed contracts, licenses, commitments, undertakings or other written or oral agreements for services, supplies or materials concerning the use, operation, maintenance, or management of the Real Property that will be binding upon Buyer or the Real Property after the Closing. There are no oral contracts or other oral agreements for services, supplies or materials, affecting the use, operation, maintenance or management of the Real Property. (xi) There are not as of the Effective Date, nor will there be as of the Closing, any written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Real Property or any part thereof, and no person other than Buyer shall have any right of possession to the Real Property or any part thereof as of the Closing.
(xii) No person, excepting Seller, has possession or any rights to possession of the Real Property or portion thereof.
(b) Subsequent Changes to Seller’s Representations and Warranties. If, prior to the Closing, Buyer or Seller should learn, discover or become aware of any existing or new item, fact or circumstance which renders a representation or warranty of Seller set forth herein incorrect or untrue in any respect (collectively, the “Seller Representation Matter”), then the party who has learned, discovered or become aware of such Representation Matter shall promptly give written notice thereof to the other party and Seller’s representations and warranties shall be automatically limited to account for the Representation Matter. Buyer shall have the right to approve or disapprove any such change and to terminate this Agreement by written notice to Seller if Buyer reasonably disapproves any such change. If Buyer does not elect to terminate this Agreement, Seller’s representation shall be qualified by such Seller Representation Matter and Seller shall have no obligation to Buyer for such Seller Representation Matter.
12 (c) Buyer’s Representations and Warranties. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Real Property, Buyer makes the following representations and warranties as of the date hereof and at and as of the Closing, each of which is material and is being relied upon by Seller (and the truth and accuracy of which shall constitute a condition precedent to Seller’s obligations hereunder):
(i) Buyer has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated hereby.
(ii) All requisite action has been taken by Buyer in connection with entering into this Agreement and the instruments referenced herein; and, by the Closing, all such necessary action will have been taken to authorize the consummation of the transaction contemplated hereby.
(iii) The individuals executing this Agreement and the instruments referenced herein on behalf of Buyer have the legal power, right and actual authority to bind Buyer to the terms and conditions hereof and thereof.
(iv) Neither the execution and delivery of this Agreement and the documents and instruments referenced herein, nor incurring the obligations set forth herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement and the documents and instruments referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease or other agreement or instrument to which Buyer is a party or by which any of Buyer’s properties are bound.
(d) Subsequent Changes to Buyer’s Representations and Warranties. If, prior to the Closing, Seller or Buyer should learn, discover or become aware of any existing or new item, fact or circumstance which renders a representation or warranty of Buyer set forth herein incorrect or untrue in any respect (collectively, the “Buyer’s Representation Matter”), then the party who has learned, discovered or become aware of such Buyer’s Representation Matter shall promptly give written notice thereof to the other party and Buyer’s representations and warranties shall be automatically limited to account for the Buyer’s Representation Matter. Seller shall have the right to approve or disapprove any such change and to terminate this Agreement by written notice to Buyer if Seller reasonably disapproves any such change. If Seller does not elect to terminate this Agreement, Buyer’s representation shall be qualified by such Buyer’s Representation Matter and Buyer shall have no obligation to Seller for such Buyer’s Representation Matter.

14. Fair Value Price. Each of Buyer and Seller believe that the Purchase Price represents a fair value price for the Real Property. At such time as Buyer makes improvements to the Real Property, the costs for planning, designing, and constructing such improvements shall be borne exclusively by the Buyer and the Buyer shall construct or cause to be constructed such improvements in compliance with all the zoning, planning and design review requirements of the Lancaster Municipal Code, and all nondiscrimination, labor standard, and wage rate requirements to the extent such labor and wage requirements are applicable.
13 15. General Provisions.
(a) Condemnation. If any material portion of the Real Property shall be taken or appropriated by a public or quasi-public authority exercising the power of eminent domain, Buyer shall have the right, at its option, to (i) terminate this Agreement or (ii) proceed with the purchase of the Real Property and receive all of the award or payment made in connection with such taking. (b) Notices. All notices, demands, requests or other communications required or permitted hereunder (collectively, “Notices”) shall be in writing, shall be addressed to the receiving party as provided in the Basic Terms section above, and shall be personally delivered, sent by overnight mail (Federal Express or another carrier that provides receipts for all deliveries), sent by certified mail, postage prepaid, return receipt requested, or sent by facsimile transmission (provided that a successful transmission report is received). All Notices shall be effective upon receipt at the appropriate address. Notice of change of address shall be given by written notice in the manner detailed in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no Notice in accordance with this Section was given shall be deemed to constitute receipt of such Notice. The providing of copies of Notices to the parties’ respective counsels is for information only, is not required for valid Notice and does not alone constitute Notice hereunder.
(c) Brokers. Seller assumes sole responsibility for any consultants or brokers (“Seller’s Agents”) it may have retained in connection with the sale of the Real Property (and Buyer shall have no responsibility in connection with such matters). Seller represents to Buyer that Seller has engaged no private parties as consultants, finders or real estate brokers in connection with the sale of the Real Property to the Buyer, and there are no brokerage commission, finder’s fee or other compensation of any kind is due or owing to any person or entity in connection with this Agreement.

Seller agrees to and does hereby indemnify and hold the Buyer free and harmless from and against any and all costs, liabilities or causes of action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the Seller in connection with this Agreement. Buyer assumes sole responsibility for any consultants or brokers (“Buyer’s Representatives”) it may have retained in connection with the purchase of the Real Property (and Seller shall have no responsibility in connection with such matters). Buyer represents to Seller that Buyer has engaged no consultants, finders or real estate brokers in connection with the sale of the Real Property to the Buyer, and there are no brokerage commission, finder’s fee or other compensation of any kind is due or owing to any person or entity in connection with this Agreement.

Buyer agrees to and does hereby indemnify and hold the Seller free and harmless from and against any and all costs, liabilities or causes of action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the Buyer in connection with this Agreement.
(d) Waiver, Consent and Remedies. Each provision of this Agreement to be performed by Buyer and Seller shall be deemed both a covenant and a condition and shall be a material consideration for Seller’s and Buyer’s performance hereunder, as appropriate, and any breach thereof by Buyer or Seller shall be deemed a material default hereunder. Either party may specifically and expressly waive in writing any portion of this Agreement or any breach thereof, but no such waiver shall constitute a further or continuing waiver of a preceding or succeeding breach of the same or any other provision. A waiving party may at any time thereafter require further compliance by the other party with any breach or provision so waived. The consent by one party to any act by the other for which such consent was required shall not be deemed to imply consent or waiver of the necessity of 14 obtaining such consent for the same or any similar acts in the future. No waiver or consent shall be implied from silence or any failure of a party to act, except as otherwise specified in this Agreement.

All rights, remedies, undertakings, obligations, options, covenants, conditions and agreements contained in this Agreement shall be cumulative and no one of them shall be exclusive of any other.

Except as otherwise specified herein, either party hereto may pursue any one or more of its rights, options or remedies hereunder or may seek damages or specific performance in the event of the other party’s breach hereunder, or may pursue any other remedy at law or equity, whether or not stated in this Agreement.
(e) Cooperation. Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as may be required in order to consummate the purchase and sale herein contemplated and shall use all reasonable efforts to accomplish the Closing in accordance with the provisions hereof and, following Closing. (f) Remedies. Without limitation as to the availability of other remedies, this Agreement may be enforced by an action for specific enforcement. (g) Time. Time is of the essence of every provision herein contained. In the computation of any period of time provided for in this Agreement or by law, the day of the act or event from which said period of time runs shall be excluded, and the last day of such period shall be included, unless it is a Saturday, Sunday, or legal holiday, in which case the period shall be deemed to run until 5:00 p.m. of the next day that is not a Saturday, Sunday, or legal holiday. Except as otherwise expressly provided herein, all time periods expiring on a specified date or period herein shall be deemed to expire at 5:00 p.m. on such specified date or period. (h) Extensions at Sole Discretion of Seller. In the event Buyer requests that Seller extend the time for sale of the Real Property, such request may be granted, conditionally granted or denied at the sole and absolute discretion of Seller.
(i) Counterparts; Facsimile Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. A facsimile signature shall be deemed an original signature.
(j) Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.
(k) No Obligations to Third Parties. The execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties to this Agreement to, any person or entity other than the parties hereto. (l) Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. (m) Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. 15 (n) Applicable Law. This Agreement shall be governed by and construed in accordance with the local law of the State of California. (o) Exhibits and Schedules. The exhibits and schedules attached hereto are incorporated herein by this reference for all purposes. (p) Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between, and the final expression of, Buyer and Seller with respect to the subject matter hereof. The parties hereto expressly agree and confirm that this Agreement is executed without reliance on any oral or written statements, representations or promises of any kind which are not expressly contained in this Agreement. No subsequent agreement, representation or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. (q) Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the permitted successors and assigns of the parties hereto. (r) Assignment. Neither party may assign its rights under this Agreement without the prior consent of the other party.
[signatures begin on the following page]
16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.
“SELLER”

SUCCESSOR AGENCY TO THE LANCASTER
REDEVELOPMENT AGENCY, a public entity,
corporate and politic
By:

Jason Caudle
Executive Director
“BUYER”
CITY OF LANCASTER, a municipal corporation
and charter city
By:

Jason Caudle
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Acceptance by Escrow Holder:

First American Title Company hereby acknowledges that it has received a fully executed copy of the foregoing Purchase and Sale Agreement and Joint Escrow Instructions by and between the Successor Agency to the Lancaster Redevelopment Agency, a public entity, corporate and politic (“Seller”), and City of Lancaster, a municipal corporation and charter city (“Buyer”) and agrees to act as Escrow Holder thereunder and to be bound by and strictly perform the terms thereof as such terms apply to Escrow Holder.

Dated: _____________, 2024

FIRST AMERICAN TITLE COMPANY
By:

Name:

Its:

A-1

EXHIBIT A

LEGAL DESCRIPTION
[to come]
B-1

EXHIBIT B
DEED

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Lancaster
Attention: Chenin Dow
44933 N. Fern Avenue
Lancaster, CA 93534
APNs: 3138-006-900, 3138-006-901, 3138-006-902, [Space above for recorder.]
3138-006-903, 3138-006-904, 3138-012-900,
3138-017-901, 3138-017-902, 3138-017-903,
3138-017-904, 3138-017-905, 3138-017-906,
3138-017-907, 3138-017-908, 3138-017-909,
3138-017-910, 3138-017-911, 3138-017-912,
3138-017-913, 3138-017-914, 3138-017-915,
3138-017-916, 3138-017-917, 3138-017-918,
3138-017-919, 3138-017-920, 3138-020-900,
3138-020-901, 3138-020-902, 3138-020-903,
3138-020-904, 3138-020-905, 3138-020-906,
3138-021-902, 3138-021-903, 3138-021-904,
3138-021-905, 3138-021-906, 3138-021-907,
3138-021-908, 3138-021-909, 3138-021-910,
3138-021-911, 3138-021-912, 3138-021-913,
3138-028-900, 3138-028-901, 3138-028-902,
3138-028-903, 3138-028-904, 3138-028-905,
3138-028-910, 3138-028-911, 3138-028-912,
3138-028-913, 3138-030-932, 3138-032-900,
3138-034-911, 3138-034-912, 3138-034-913,
3138-034-915, 3138-035-900, 3138-035-901,
3138-035-902, 3138-035-903, 3138-035-904,
3138-035-905, 3138-035-906, 3138-035-907,
3138-035-908, 3138-035-909, 3138-035-910,
3138-035-911, 3138-035-912, 3138-035-913,
3138-035-915, 3138-035-916, 3138-035-917,
3138-035-918, 3138-035-919, 3138-035-920,
3138-035-921, 3138-035-922, 3138-035-923,
3138-035-924, 3138-036-900, 3138-036-901,
3138-036-902, 3138-036-903, 3138-036-904,
B-2
3138-036-905, 3138-036-906, 3138-036-907,
3138-036-908, 3138-036-909, 3138-036-910,
3138-036-911, 3138-036-912, 3122-007-901,
3122-017-900, 3122-017-901, 3153-006-900,
3176-003-900, 3176-003-901, 3176-019-900,
3176-020-902, 3203-011-900, 3268-024-900,
3105-001-915, 3105-001-916
DOCUMENTARY TRANSFER TAX $(exempt;
no consideration; exempt from recording charges,
Government Code Section 27383)

GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the Successor Agency to the Lancaster Redevelopment Agency, a public entity, corporate and politic (“Grantor”), hereby grants to City of Lancaster, a municipal corporation and charter city, that certain real property located in the County of Los Angeles, State of California, more particularly described on Attachment No. 1 attached hereto and incorporated herein by this reference (the “Property”), subject to existing easements, restrictions and covenants of record.IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of __________, 2024.

SUCCESSOR AGENCY TO THE LANCASTER

REDEVELOPMENT AGENCY
By:

Name: Jason Caudle
Title: Executive Director
ATTACHMENT NO. 1 TO GRANT DEED

TO EXHIBIT B
ATTACHMENT NO. 1 TO GRANT DEED

LEGAL DESCRIPTION
[to come]

CERTIFICATE OF ACCEPTANCE

CERTIFICATE OF ACCEPTANCE
This is to certify that the fee interest in real property conveyed under the foregoing deed by Successor Agency to the Lancaster Redevelopment Agency, as to the following property:

Real property in the City of Lancaster, County of Los Angeles, State of California, described as follows:
[legal descriptions to come]
is hereby accepted by the City Manager of the City of Lancaster, a municipal corporation and charter city (the “City”) on behalf of the City Council of City pursuant to authority conferred by action of the City Council, and the Grantee consents to recordation thereof by its duly authorized officer.

CITY OF LANCASTER,
a municipal corporation and charter city
Dated: ____________ __, 2024 By:

Jason Caudle
Its: City Manager
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF ____________ )
On _____________________________, before me, ________________________________, Notary Public, (Print Name of Notary Public)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
_____________________________________________________________ Title(s)
_____________________________________________________________ Title Or Type Of Document
_____________________________________________________________ Number Of Pages
_____________________________________________________________ Date Of Documents
Partner(s) Limited General
Attorney-In-Fact
Trustee(s)
Guardian/Conservator
Other:______________________________________
Signer is representing:

Name Of Person(s) Or Entity(ies)
_____________________________________________________________ _____________________________________________________________ _____________________________________________________________ Signer(s) Other Than Named Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

EXHIBIT C

FIRPTA CERTIFICATE
TRANSFEROR’S CERTIFICATE OF NON-FOREIGN STATUS
To inform City of Lancaster (“Transferee”), that withholding of tax under Section 1445 of the Internal Revenue Code of 1986, as amended (“Code”) will not be required upon the transfer of certain real property to the Transferee by the Successor Agency to the Lancaster Redevelopment Agency (the, “Transferor”), the undersigned hereby certifies the following:

1. The Transferor is not a foreign person or citizen, foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder);

2. The Transferor’s social security number or U.S. employer identification number is as follows: _________________.

3. The Transferor’s home or office address is:
44933 N. Fern Avenue
Lancaster, California 93534
The Transferor understands that this certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment or both. Under penalty of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document.

SUCCESSOR AGENCY TO THE LANCASTER

REDEVELOPMENT AGENCY
EXHIBIT A: LIST OF PARCELS

Herald Tract
3138-006-900
3138-006-901
3138-006-902
3138-006-903
3138-006-904
3138-012-900
3138-017-901
3138-017-902
3138-017-903
3138-017-904
3138-017-905
3138-017-906
3138-017-907
3138-017-908
3138-017-909
3138-017-910
3138-017-911
3138-017-912
3138-017-913
3138-017-914
3138-017-915
3138-017-916
3138-017-917
3138-017-918
3138-017-919
3138-017-920
3138-020-900
3138-020-901
3138-020-902
3138-020-903
3138-020-904
3138-020-905
3138-020-906
3138-021-902
3138-021-903
3138-021-904
3138-021-905
3138-021-906
3138-021-907
3138-021-908
3138-021-909
3138-021-910
3138-021-911
3138-021-912
3138-021-913
3138-028-900
3138-028-901
3138-028-902
3138-028-903
3138-028-904
3138-028-905
3138-028-910
3138-028-911
3138-028-912
3138-028-913
3138-030-932
3138-032-900
3138-034-911
3138-034-912
3138-034-913
3138-034-915
3138-035-900
3138-035-901
3138-035-902
3138-035-903
3138-035-904
3138-035-905
3138-035-906
3138-035-907
3138-035-908
3138-035-909
3138-035-910
3138-035-911
3138-035-912
3138-035-913
3138-035-915
3138-035-916
3138-035-917
3138-035-918
3138-035-919
3138-035-920
3138-035-921
3138-035-922
3138-035-923
3138-035-924
3138-036-900
3138-036-901
3138-036-902
3138-036-903
3138-036-904
3138-036-905
3138-036-906
3138-036-907
3138-036-908
3138-036-909
3138-036-910
3138-036-911
3138-036-912
Residential
3122-007-901
3122-017-900
3122-017-901
3153-006-900
3176-003-900
3176-003-901
3176-019-900
3176-020-902
3203-011-900
3268-024-900
Industrial
3105-001-915
3105-001-916

STAFF REPORT
City of Lancaster
CC 9
2/27/2024
JC
Date: February 27, 2024
To: Mayor Parris and City Council Members
From: Marissa Diaz – Public Works, Director
Mike Harne – Assistant Director, Maintenance Services
Subject: Approval of Contract Amount with St. Francis Electric, LLC for Streetlight and Traffic Signal Maintenance Services
Recommendations:

1. Increase the total amount of the five-year contract term with St. Francis Electric, LLC, (SFE) of San Leandro, California, for Streetlight and Signal Maintenance Services by $4,807,020.00, for a total revised contract amount of $6,008,775.00.

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

Fiscal Impact:

Sufficient funds for the fifth contract year through June 30, 2024, are available in the FY 2023- 2024 Maintenance Services budget, and will be available for the remainder of the fifth contract year in the FY 2024-2025 Maintenance Services budget, account numbers 422-42000-5791, 422- 42000-5792, 422-42000-5793, and 422-42000-5796.

Background:

A request for proposals for Streetlight and Signal Maintenance Services was issued on October 25, 2019. Specifically, seeking a contractor with experience with streetlights, traffic signals, and traffic signal systems, including fiber optics. Two proposals were received on November 12, 2019, Econolite Systems (Anaheim, CA) and St. Francis Electric, LLC (San Leandro, CA). A review panel of 5 City staff reviewed the proposals based on the following selection criteria:
•Demonstrate successful experience with similar types of projects •Specific experience of key project team members
•The satisfaction of previous clients (references)
•Project understanding and approach
•Cost of service
1 5
4 6
Based on the criterion, the review panel determined that St. Francis Electric, LLC was the most qualified firm to meet the needs of City Streetlight and Signal Maintenance Services.

HA:sm

STAFF REPORT
City of Lancaster
CC 10
2/27/2024
JC
Date: February 27, 2024
To: Mayor Parris and City Council Members
From: Alexus Merino, Assistant Director
Subject: Professional Services Agreement – Ryan Michel
Recommendation:

1. It is recommended that the City Council approve a Professional Services Agreement with Ryan Michel in an amount not to exceed $135,000; and

2. Authorize the City Manager, or his designee, to execute any amendments to the Agreement deemed necessary to complete the project in a form approved by the City Attorney; and

3. Find that this item is not a project pursuant to the California Environmental Quality Act.

Fiscal Impact:

Sufficient funds of $135,000 are available in Lancaster TV Peg Fee Expense account number 10115100.5341.

Background:

The L28 Team has made progress in leaps and bounds over the last six months and has built up a lot of momentum in terms of establishing a conventional format for each episode that L28 produces, as well as a production schedule that has allowed for dozens of stories to be produced and filmed. L28 is now broadcasting episodes that promote the highlights of our city for all to see. The levels of entertainment and professionalism vary across the stories produced by L28, and it is imperative that the stories broadcasted by the L28 team be relevant, entertaining, enriching, and local. Just as important is the need for the content to be well-researched, informative, and compelling. The episodes shared via channel 28 and on the City of Lancaster’s YouTube Channel present an exciting opportunity to promote the city to both existing and potential business partners, current employees, and residents and visitors of the community. We need to maximize the utility of this platform to promote the City of Lancaster both internally and externally, and to highlight the best the city has to offer.

Under the supervision and direction of the Project Manager, Ryan Michel, the L28 team will 1 5
5 4
produce one, eight-story episode every week, with one week’s time between the conception of the stories and the filming of the related episode. The Project Manager will be directly responsible for overseeing the L28 team to produce the best content possible. This position will allow for around-the-clock oversight of the content being produced by the L28 team, and to ensure the standards of story writing, videography, and on-camera presence meet the expectations of City Leadership, the City Manager’s Office, and the Communications Department. The Project Manager will act as an on-site producer and manager on shoot dates of L28 episodes, in-studio and “out in the field” interviews and event coverage. The Project Manager will supervise the production of "L28 News," "Tiff on the Town," and "L28 Sports" for the City of Lancaster.

In addition to production, the Project Manager will coordinate call-times, coordinate event coverage and manage the L28 Team's production calendar while meeting weekly deadlines accordingly.

The City Manager’s Office is requesting to enter into a Professional Services Agreement and determine Ryan Michel as a Sole Source vendor for L28 Project Management Support for a (12) month agreement. Given Ryan Michel’s extensive experience and unmatched familiarity with the City’s projects from prior engagements, there is no cost advantage in soliciting bids from other vendors. His prior work ensures compliance and continuity critical for the timely and efficient completion of our projects, justifying Ryan Michel as the sole source provider for these services.

Attachment:

Professional Services Agreement Sole Source Memo
1 AGREEMENT FOR PROFESSIONAL SERVICES
TH
IS AGREEMENT FOR PROFESSIONAL SERVICES is made and entered into this 19th day of February 2024, by and between the CITY OF LANCASTER, a municipal corporation and charter city, (“City”), and RYAN MICHEL, a Video Consulting Firm (“Consultant”) (collectively, sometimes referred to hereinafter as the “Parties”).

ECITALS
W
HEREAS, the City desires to engage Consultant to perform certain technical and professional services, as provided herein, identified as:

L
28 Project Management Support (THE “SERVICES”)
W
HEREAS, the principal members of Consultant are qualified and duly registered/licensed under the laws of the State of California, and Consultant desires to accept such engagement; NOW
, THEREFORE, the parties agree as follows:

1. P
arties to the Agreement.

T
he parties to this Agreement are:

A. C
ITY: City of Lancaster
B. C
ONSULTANT: Ryan Michel

2. N
otices. All written notices required by or related to this Agreement shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this Agreement shall refuse to accept such mail; parties to this Agreement shall promptly inform the other party of any changes of address. All notices required by this Agreement are effective on the day of receipt, unless otherwise indicated herein.

C
ITY City of Lancaster
Attn: Jason Caudle, City Manager
44933 North Fern Avenue
Lancaster, California 93534
C
ONSULTANT Ryan Michel
43741 12th Street West
Lancaster, California 93534

3. S
uccessors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without prior written consent of the other party, and any such assignments without said consent shall be void.
2 4. D
escription of Work . The City hereby engages Consultant, and Consultant accepts such engagement, to perform the technical and professional services set forth in the “Scope of Services and Rates Schedule,” attached hereto as Exhibit “A” and incorporated herein by reference.

Consultant shall perform and complete, in a manner satisfactory to the City, all work and services set forth in Exhibit “A.” The City Manager or his designee shall have the right to review and inspect the work during the course of its performance at such times as may be specified by the City Manager, or his designee.

5. Ob
ligations of the City.

A. The City shall pay Consultant an amount not to exceed $135,000 for all work necessary to complete the Services, as described in the Scope of Services and Rates Schedule. Payments shall be due within thirty (30) days following submittal of an invoice detailing the services performed, at the quarterly rates set forth in Exhibit A.

B. No payment made hereunder by the City to Consultant, other than the final payment, shall be construed as an acceptance by the City of an y work or materials, nor as evidence of satisfactory performance by Consultant of its obligations under this Agreement.

6. O
bligations of the Consultant.

A. C
onsultant shall perform as required by this Agreement and in accordance with the Scope of Services and Rates Schedule set forth in Exhibit A.

B. C
onsultant shall be responsible for payment of all employees’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.

C. C
onsultant shall not subcontract any of the work required to perform the Services without t he express prior written approval of the City.

7. Ho
ld Harmless and Indemnification . Consultant agrees to indemnify and hold harmless the City, its elected officials, officers and employees, from and against any and all third party claims, losses, obligations, or liabilities whatsoever, including reasonable attorney’s fees, incurred to the extent arising out of or related to Consultant’s negligent or willful wrongful acts, errors or omissions, or those of its employees or agents. Consultant agrees to defend the City, its officers and employees, using counsel of the City’s choosing, from and against any and all claims covered by the indemnity in the preceding sentence.

8. A
mendments. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon mutual written approval by the City and Consultant.

9. No
n-Discrimination and Equal Employment Opportunity.

A. I
n the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national 3 origin, physical or mental disability or age. Consultant will take affirmative action to ensure that s
ubcontractors and applicants are employed, and that em ployees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Affirmative action relating to employment shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.

B. T
he provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. The City shall have access to all documents, data and records of Consultant and its subcontractors for purposes of determining compliance with the equal employment opportunity and non- discrimination provisions of this Section.

10. T
erm; Effective Date. This Agreement shall become effective and shall remain in full force and effect for twelve (12) months upon execution by both parties, unless the Agreement is sooner terminated in accordance with this Agreement; provided, however, that the City and the Consultant may mutually agree in writing to extend the Term of this Agreement.

11. T
ermination.

A. F
or Convenience. The City may terminate this Agreement at any time without cause by giving thirty (30) days written notice to the other party of such termination and specifying the effective date thereof. In the event of termination of this Agreement, Consultant will be paid for work completed through the date of termination within thirty (30) days following submittal of a final invoice.

B. F
or Cause. If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, Consultant shall correct such failure within ten (10) days (or such longer period that the City may authorize in writing) after receipt of notice from the City specifying such failure. Should the failure not be corrected within this time period, the City may immediately terminate the Agreement by written notice to Consultant.

C. I
n the event of termination, whether for convenience or cause, reports, plans, studies and other documents (collectively, “documents”) related to the Services shall become the City’s property.

Consultant shall provide all documents to the City that have not yet been within ten (10) calendar days after termination of the Agreement.

12. I
ndependent Contractor. Consultant is an independent contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of the City. It is expressly understood between the Parties to this Agreement that no employee/employer relationship is intended.

13. I
nsurance.

A. The Consultant, at its expense, shall maintain in effect at all times during the term of this Agreement the following coverage and limits of insurance, which shall be maintained with insurers listed “A-, VIII” or better in the Best’s Key Rating Guide:
4 C
ommercial General Liability
Each Occurrence $1,000,000
Per Project General Aggregate $2,000,000
Including Products/Completed Operations; Contractual Liability/Independent Contractors; Property Damage
(Coverage shall be at least as broad as ISO form CG2010 11/85 or CG2010 07/04 and CG2037 07/04 combined, or an equivalent providing ongoing and completed operations) C
ommercial 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) W
orkers Compensation
As Required by the State of California Statutory Limits E
mployers’ Liability
Each Accident $1,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000
(A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation & Employers’ Liability policies)
P
rofessional Liability
Each Occurrence $1,000,000
General Aggregate $1,000,000
B. T
he Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured’s liability.

C. P
rofessional liability and/or cyber insurance written on a “claims made” basis must be renewed for a period of three (3) years after this contract expires or is terminated. Such insurance must have the same coverage and limits as the policy that was in effect during the term of this contract and will cover Consultant for all claims made by the City insured entities arising out of any acts or omissions of Cons ultant or its officers, employees, or agents during the time this Agreement was in effect.

D. A
ny 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. A
ll insurance shall be primary and non -contributory as respects the City insured entities. Any insurance or self -insurance maintained by the City insured entities shall be in excess of the Consultant’s insurance and shall not contribute with it. 5 F. C onsultant shall name the City, its elected officials, officers, employees and volunteers as additional insured, and 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:
“L28 PROJECT MANAGEMENT SUPPORT” 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:

T
he City of Lancaster, 44933 Fern Avenue, Lancaster, California 93534.

14. O
wnership of Documents. All plans, specifications, reports, studies, maps and other documents prepared or obtained by Consultant in the course of performing the work and are required by this Agreement to be delivered to the City shall be the property of t he City. Basic sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City without restriction or limitation on their use.

15. D
ata Provided to Consultant . City shall provide to Consultant, without charge, all data, including reports, records, maps and other information, now in the City’s possession which may facilitate the timely performance of the work described in Exhibit A.

16. C
onsultant’s Warranties and Representations.

C onsultant warrants and represents to City as follows:

A. C
onsultant has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement.

B. C
onsultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without further liability, or, in the alternative, to deduct from any sums payable hereunder the full amount or value of any such fee, commission, percentage or gift.

C. C
onsultant has no knowledge that any officer or employee of the City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of the Consultant, and that if any such interest comes to the knowledge of Consultant at any time, a complete written disclosure of such interest will be made to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws.

6 D. Upon the execution of this Agreement, Consultant has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner hinder the performance of services and work required by this Agreement, nor shall any such intere st be acquired during the term of this Agreement.

17. 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.

18. 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

19. Governing Law.

This Agreement shall be governed by the laws of the State of California.

20. Effective Date. This Agreement shall become effective as of the date set forth below on which the last of the parties, whether City or Consultant, executes said Agreement.

[Signatures begin on next page.]

7 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:

RYAN MICHEL

LANCASTER, CALIFORNIA

By:

Ryan Michel, Consultant

Dated:

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

1 Proposal: Project Manager - L28 Team
Executive Summary
Background
The L28 Team has made progress in le aps and bounds over the last six months and has built up a lot of momentum in terms of establishing a conventional format for each episode that L28 produces, as well as a production schedule that has allowed for dozens of stories to be produced and filmed. Though I am proud that L28 is now broadcasting episodes that promote the highlights of our City for all to see, there are improvements to be made by leveraging our available talents and assigning roles for team members based on their strengths and weaknesses, as well as maintaining a high level of consistency in the quality of written stories and performance on-screen.

On occasion, the levels of entertainment and professionalism vary across the stories produced by L28. Since we are so early in the process of rebranding via social media and discovering "our voice" as a local public broadcast station, it is imperative that the stories broadcasted by the L28 Team be relevant, entertaining, enriching, and local. Just as important, is the need for the content to be well- researched, informative, and compelling. The episodes shared via channel 28 and on the City of Lancaster’s YouTube Channel present an exciting opportunity to promote the City to both existing and potential business partners, current employees, and residents and visitors of the community. We need to maximize the utility of this platform to promote the City of Lancaster both internally and externally, and to highlight the best that the City has to offer. Under the supervision and direction of the Project Manager, L28 will produce positive stories that both encourage and uplift the community, while successfully executing the vision of the City Manager’s Office and the Communications Department.

The Communications Dept. regularly have their hands full and are preoccupied with other pertinent tasks at City Hall. The distance and lack of proximity to the L28 team during stages of pre- production, production, and post-production of the L28 episodes, makes it difficult for City Management to convey their revisions, suggested edits and apply direction to the team. This often results in the misinterpretation or misunderstanding of City Management’s notes and directions by the L28 team, which results in bottlenecks and delays to the production calendar for L28 episodes.

Furthermore, it is necessary for the L28 team to be assigned roles based on their individual strengths, natural talents, and other criteria. Being able to identify and communicate these roles in person will improve the shortcomings of our team and help to eliminate inconsistencies in quality of reporting, writing, and on-camera presence. Identifying the team's strengths improves the overall production value of the content produced.

Overview
I am proposing the creation of a Project Manager position to be directly responsible for overseeing the team to produce the best content possible. This position will allow for around-t he-clock

EXHIBIT A
oversight of the content being produced by the L28 team, and to ensure that the standards of story writing, videography, and on-camera presence meet the expectations of City Leadership, the City Manager's Office, and Communications Department. The Project Manager will act as an on-site producer and manager on shoot dates of L28 episodes, in-studio and "out in the field" interviews and 2 event coverage. The established presence and proximity will allow the project manager to identify and address errors, complications, and miscommunication as it is presented. The Project Manager will improve the flow of communication from the City Manager’s Office and the Communication Dept. to the L28 Team, eliminating bottlenecks and delays due to misinterpretation or misunderstandings of directions, delayed responses, or limited oversight, while lightening the workload of leadership at City Hall.

I have been with the City of Lancaster as a Project Assistant sinc e September 2021, during which
time I applied my skill sets towards the pro duction of video & photo assets for the City of Lancaster's marketing and community outreach purposes, and most recently for our L28 News Channel. I've coordinated with management in the Communications Dept. to provide coverage of the City's many events across its social media channels, as well as L28. Aside from my work with the City, I have over 7 years work experience in all aspects of video production including but not limited to; scriptwriting, camera-operating, and post production editing. In my time with the City of Lancaster, I’ve had the great opportunity to connect and build a strong rapport with my colleagues and managers. My work experience, along with the relationships I’ve built with Community leaders, make me the best fit candidate to build on the progress we have made thus far, and leverage the resources available to us to deliver better content for our City and community. I’ve learned and grown so much since my start with the City, and I am prepared to expand my role as the Project Manager of the L28 team to better amplify the signal of our City’s brand, image, and culture, and act as an administrator of the City's goals and expectations.

Scope and Strategy
Objectives
As Project Manager, I plan to communicate the best that the City ha s to offer through the content that we create. It is my goal to increase the performance and productivity of the City of Lancaster’s L28 project by coordinating call-times, managing production schedules, and coordinating coverage of events while meeting weekly deadlines accordingly. It is my mission to inform the public in an engaging and uplifting manner, while promoting Lancaster’s values to the community at large, including our business partners, residents, and employees. To capitalize on the momentum and progress L28 h
as made, and further refine the production of media for the City of Lancaster, I have identified the followi
ng three immediate objectives for this project:

1. To maximize productivity and eliminate preventable bottlenecks in production by:
• Promptly issuing notes, revisions and feedback on stories, scripts, and footage • Utilizing experience as a producer to stay on top of production schedules, the City's calendar, and
assist in coordinating the team
• Being present in team meetings, in-studio shoots, and both in-studio and field interviews • Discussing overall vision and expected outcome of each interview, story, episode etc. • Utilizing strong communication skills to delegate roles, proofread scripts and interview questions

2. Assigning roles based on an individuals’ strengths, skills, and abilities-- to improve professionalism and performance by:
3 • Working closely with Comm. Dept. and CMO to identify areas of improvement • Implementing workshops focused on “hard skills” and “soft skills” and team building exercises to build cohesion and improve production process • Evaluating the team on an individual level using tools like personality tests (Myers Briggs, 16Personalities, etc.)
• Reinforcing effectiveness of workshops through literary analysis of related readings, visual aids, and presentations
• Leveraging team’s abilities and skillsets and assign roles and responsibilities accordingly

3. Delivering positive, well-researched, and relevant episodes every week by:
• Effectively assigning stories to writers, scheduling events for reporters, and call-times for the production team
• Acting as editor for stories, providing feedback and fact checking claims in a timely manner • Strictl
y abiding to production schedule, while actively searching for adjustments and improvements to be made
• Providing notes, revisions, and suggested edits on first cut of video within 24 hours • Being an integral part of the team, i.e. continui ng to contribute high quality content in the form of photos, videos, interviews, and reporting when needed.

Alignment with Strategic Goals
To actively improve the caliber of L28’s story writing and reporting, as well as the team’s on-screen presence, I plan to implement regular skills training workshops. These workshops will be supplemented by visual aids and presentations along with excerpts from assigned reading to reinforce understanding of concepts, techniques, and principles. The workshops will be centered around both hard skills and soft skills. Examples of these skills workshops and concepts that will be highlighted include:

Hard skills:
o Videography: Mise en scène, adjusting settings and navigating menus to get the most aesthetic possible
o Photography: Framing, rule of thirds, exposure settings, and depth of field o Writing: fundamentals of story writing, addressing the 5 w’s for relevance and proximity. How to communicate concisely without “filler” o Research: The importance of research, citing evidence and understanding the three- part structure of argument. (claim, evidence, and warrant) o Teleprompter ability
Soft skills:
o Nonverbal communication: The importance of posture, body language, rate, pitch volume, and tone of voice.
o Confidence: How to build and maintain a positive attitude and self-image o Professionalism: The importance of being a team player, communication, operating under deadlines, and conflict resolution
Project Activities and Timeline
4 Breakdown of Current Production Schedule
Week 1
• On Monday, the L28 team films the approved script from the previous week, in-studio. • The L28 team are assigned story ideas ideas for Week 2, allowing a one week period for story- building and revisions by reporters.
• On Friday, L28 team submit their stories in the script for Week 2 and it is reviewed by Project Manager and City Leadership.
• Suggested revisions, edits or changes to stories are provided to the team by end of the day. • On Saturday, the first cut of week one's episode is submitted by the video editor for review by Project Manager and City Leadership
• On Sunday, the L28 team submits final draft of script for week 2's episode by end of the day. • Project Manager and City Leadership review first cut of the current week's episode, and provide notes, suggested edits, and revisions to the video editor within 24 hours.

Week 2
• On Monday, the L28 team films the approved script for week 2, in-studio. • The L28 team are assigned story ideas ideas for Week 3, allowing a one week period for story-building and revisions by reporters.
• On Friday, L28 team submit their stories in the script for Week 3 and it is reviewed by Project Manager and City Leadership.
• Suggested revisions, edits or changes to stories are provided to the team by end of the day.
• On
Saturday, the first cut of Week 2's episode is submitted by the video editor for review 5 Note: This current schedule allows the L28 team to produce one, eight-story episode every week, with one week's time between the conception of the stories and the filming of the relative episode.

Roles and Responsibilities
As Project Manager, I will supervise the production of "L28 News," "Tiff on the Town," and "L28 Sports" for the City of Lancaster. I will act as an on-site production supervisor during filming of aforementioned shows, related events and both in-studio and "out in the field" interviews. In addition to production, I will coordinate call-times, coordinate event coverage and manage the L28 Team's production
calendar while meeting weekly deadlines accordingly. I will ensure that the content produced b
y the L28 Team meets the expectations of the Communications department, the City Manager's Office, and
conveys the values and culture of the City of Lancaster.

The following table lists the current L28 team members and their role(s) and responsibilities.

Roles and responsibilities are subject to change to improve production standards, overall quality, and team productivity.
• On Sunday, the L28 team submits final draft of script for Week 3's episode by end of the day.
• Project Manager and City Leadership review first cut of the Week 2's episode, and provide notes, suggested edits, and revisions to the video editor within 24 hours.

In-studio anchor, conducts interviews
Writing stories, filming b-roll, conducting
interviews, and general coverage of events
Team Member Role
Tech Lead, Reporter,
Anchor, & Videographer
Writing stories, filming b-roll, conducting
interviews, and general coverage of events
Jacobo Garrido Reporter, Anchor,
Videographer
Reporter and
Anchor
Angel Stephenson Reporter, Anchor,
Videographer
Responsibilities
Joseph Layao
Writing stories, filming b-roll, conducting
interviews, and general coverage of events
Brianna Herrera
Terms
This proposal is for a (12) month agreement as a contracted Project Manager for the City of Lancaster’s L28 News. I am requesting funding for my annual salary in the amount of $135,000. The requested funding was determined in consideration of the management role and responsibilities of this position, the projected maintenance, replacement, and depreciation costs of video production equipment and software that are necessary for the job, and to offset the cost of living, health insurance, and other benefits that are not being offered to me as a contractor. 6 Conclusion
I am excited for the opportunity to be a Project Manager for L28’s several productions and work hard to ensure that the standards of reporting, videography, and the team’s on-screen presence are e
levated to meet the expectations of the City Manager's Office and Communications Department. I am confident in my experience and abilities to maximize productivity and eliminate preventable bottlenecks in production. I will work to maximize the potential of L28’s impact and influence which can only be made possible through team work, commitment, and planning. I will work to ensure that the content produced and broadcasted by L28, and the City of Lancaster, is relevant, entertaining, and enriching.

And equally as important, well-researched, informative, and compelling for the betterment of our community, business partners and beyond.

Ryan Michel
43741 12th St West
Lancaster, CA 93534
(661) 916-6362
rmichel@cityo
ﬂancasterca.gov
February 13 2024
I declare that I am operating as an individual under my own name and do not have any employees working for me. Therefore, I am exempt from the State of California Workers Compensation requirement.

Sincerely,
Ryan Michel
02/13/2024

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
02-12-2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

CONTACT
NAME:

FAX: 800-589-7316PHONE 800-507-4495
(A/C, No, Ext): (A/C, No):

E-MAIL
ADDRESS: [email protected]
INSURER(S) AFFORDING COVERAGE NAIC #

PRODUCER
Berkshire Hathaway Direct Insurance Company
Omaha NE, 68102
INSURER A : Berkshire Hathaway Direct Insurance Company 10391 INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURED

RYAN MICHEL
43741 12th St W
Lancaster, CA 93534-4701
INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR LTR TYPE OF INSURANCE ADDL
INSD
SUB
R
WVD
POLICY
NUMBER
POLICY
EFF
(MM/DD/Y
YYY)

POLICY EXP
(MM/DD/YYYY
)
LIMITS
x COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE $ 2,000,000

DAMAGE TO RENTED
PREMISES (Ea
occurrence)
$ 2,000,000
MED EXP (Any one
person)
$

PERSONAL & ADV
INJURY
$ 2,000,000

GENERAL

AGGREGATE
$ 5,000,000
x

PRODUCTS -

COMP/OP AGG
$ SEE GENERAL

AGGREGATE
A

CLAIMS-MADE X OCCUR

CP140192789P2
023
01/19/2024 01/19/2025
$

AUTOMOBILE LIABILITY COMBINED SINGLE
LIMIT (Ea accident)
$ 1,000,000
ANY AUTO BODILY INJURY (Per
person)
$
x
BODILY INJURY (Per
accident)
$
X X

PROPERTY DAMAGE
(Per accident)
$
A
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

SCHEDULED
AUTOS

NON-OWNED

AUTOS ONLY
CP140192789
P2023
01/19/2024 01/19/2025
$
EACH OCCURRENCE $UMBRELLA LIAB

EXCESS LIAB
OCCUR
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
PER
STATUT
E
OTHER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA

EMPLOYEE
$

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
E.L. DISEASE -

POLICY LIMIT
$
OCCUR
x
A

ERRORS & OMISSIONS
CYBER x
CP140192789
P2023
01/19/2024 01/19/2025
PerOccur/Aggregate
PerOccur/Aggregate
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project Manager for City Of Lancaster's Video Services 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. Completed and ongoing operations regarding general liability are included subject to the Each Occurrence and General Aggregate in the Commercial General Liability section for policy CP140192789P2023

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED

BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

City Of Lancaster
44933 Fern Avenue
Lancaster, CA 93534

AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ACORDs provided by Forms Boss. www.FormsBoss.com; (c) Impressive Publishing 800-208-1977 $2,000,000 /
5,000,000
$2,000,000 /
5,000,000
OTHER:

POLICY PRO-

JECT LOC
GEN'L AGGREGATE LIMIT APPLIES PER:

Policy Number: CP140192789P2023 Policy Period: 01/19/2024 to 01/19/2025 @12:01AM This Policy Issued By: Berkshire Hathaway Direct Insurance Company. A Nebraska Stock Insurance Company.

Named Insured (Your Business):

RYAN MICHEL
43741 12th St W
Lancaster, CA, 93534-4701
To Report a Claim or For Questions: Call 1-800-507-4495 or Log On www.threeinsurance.com 3PG 00 00–01/21
| 3 Page Policy | Insurance Summary Page
Phone: 661-916-6362
Email: [email protected]
What’s insured & for how much:

The table below shows the insured buildings, and the Deductible and Limit for each Coverage. We will pay up to the Limit after a loss is more than the Deductible. If your business has more than one loss, it must pay a separate Deductible for each loss. We will pay up to the Limit for each loss, except for Business Liability, where there is a Maximum Limit. After we have paid the Maximum Limit, we will no longer pay any amounts for Business Liability under this policy.

COVERAGE FOR LIMIT DEDUCTIBLE
Earthquake Damage
(See California Supplement)
$0
Business Liability $2,000,000 per occurrence, $5,000,000 Maximum
$1,000
Business Interruption (Net Income) Up to 1 year, $3,240
3 day waiting
period
Auto Liability (For Listed Vehicles) $1,000,000 No deductible Cyber Incident Response $500,000 No deductible
Workers’ Compensation As required by law None
All Other Property $2,700 $500
3FMTK3RM6NMA42672 | 2022 FORD $60,000 $500
Estimated Premium: $12,027 (Not Including Endorsements) Cancellation: Your business may cancel for any reason by written request for a future cancellation date. We may only cancel as allowed by CA law. We will send a notice, at least 30 days before cancellation, to the address above. The notice will explain the cancellation and the effective date.

After cancellation, the premium will be adjusted proportionately based on the time the policy was in effect.

Policy Forms & Endorsements:
3 Page Policy Form 3PG 00 00 – 01/21 California Workers Compensation Forms and Information:

California Supplement 3PG CA 01 — 01/21 WC3PCADEC, WC000000C, WC990000C, WC040301D, WC3PGCACE, DWC7, WC040604A
To Report a Claim or For Questions: Call 1-800-507-4495 or Log On www.threeinsurance.com 3PG 00 00–01/21
Policy Number: CP140192789P2023 Policy Period: 01/19/2024 to 01/19/2025 @12:01AM This Policy Issued By: Berkshire Hathaway Direct Insurance Company. A Nebraska Stock Insurance Company.

Named Insured (Your Business):

RYAN MICHEL
43741 12th St W
Lancaster, CA, 93534-4701
| 3 Page Policy | Insurance Summary Page (Extension)
Phone: 661-916-6362
Email: [email protected]
Additional Named Insured
ADDITIONAL NAMED INSURED ADDRESS 1 & 2 CITY, STATE, ZIP PHONE

N/A N/A N/A N/A
Additional Insureds
ADDITIONAL INSURED ADDRESS 1 & 2 CITY, STATE, ZIP
City of Lancaster 44933 Fern Avenue Lancaster, CA 93534 Additional Listed Buildings

BUILDING LIMIT DEDUCTIBLE

N/A N/A N/A
Additional Listed Vehicles

VEHICLE LIMIT DEDUCTIBLE

N/A N/A N/A
To Report a Claim or For Questions: Call 1-800-507-4495 or Log On www.threeinsurance.com 3PG 00 01–01/21
1 I. The coverage we provide your business under this policy:

This policy only covers your business for loss caused by occurrences during the policy period. An “occurrence” means an accident, including continuous or repeated exposure to substantially the same general harmful conditions that begin during the policy period. “Occurrence” also includes an error or omission by your business. Should any part of this policy, on its effective date, conflict with the laws of the state where your business is based, then that part of this policy will be automatically amended to meet the minimum requirements of those laws.

For your business’ property: We cover your business for theft of and physical damage to property your business owns or leases. As a direct result of a property loss we pay, your business may have increased operating expenses or lose net income. After the Waiting Period on the Summary, we will cover these amounts as Business Interruption until your business resumes normal operations (or until either Business Interruption limit on the Summary is reached). “Net income” means (i) net profit or loss before income taxes and (ii) continuing normal operating expenses, including payroll.

Unauthorized modification of electronic data is physical damage to property.

For your business’ liability to others: We cover your business for amounts it is legally required to pay others as the result of an occurrence. We will provide legal counsel to defend any such claims.

Employees of your business acting on its behalf and Additional Insureds working with your business are also covered the same way your business would be. Additional Insured automatically includes any required Additional Insured in a contract made before starting work.

We also cover (i) claims of negligence, errors, or omissions in providing professional services, and (ii) claims against directors or officers of your business arising from their actions taken on behalf of your business. For these kinds of claims, if your business first learns about the claim during this policy, and previously had continuous insurance coverage that would have covered the claim, we will cover that claim even though it is not the result of an occurrence during this policy.

For Auto: We cover damage to or accidents involving vehicles on the Summary the same way we cover property and liability claims, but with the Auto limits listed on the Summary.

For Cyber: We provide your business with crisis management, data and system review and recovery services, breach notification, and credit monitoring, following a data breach or computer system hack.

Workers’ compensation insurance: Every state has workers’ compensation laws that provide benefits for injured employees. We cover your business for and will promptly pay amounts required by state workers’ compensation law. We will pay all installments of the compensation that may be awarded or agreed upon in connection with those injuries.

II. If something goes wrong:

If your business has a property loss from an occurrence, we will pay to repair the damaged property if possible, or replace it with something of similar capabilities. We only pay for buildings or vehicles that are on the Summary, up to the Limit for each. For all other property (other than a building or a vehicle) that is damaged by an occurrence, we will pay up to the amount listed for Other Property on the Summary.

We will also pay necessary costs to keep your business going or to minimize the time it is out of business after a loss that we cover. We will pay these expenses until listed vehicles are repaired or

To: Purchasing Division
From: Cindy Valdivia, Analyst
CC: George Harris, Finance and IT Director
Alexus Merino, Assistant to the City Manager
Date: February 27, 2024
Subject: Sole Source Justification – Professional Services Agreement with Ryan Michel This memo serves to justify the selection of Ryan Michel as the sole source provider for project management support services for L28, under a Professional Services Agreement not to exceed $135,000.

Given Ryan Michel’s already extensive experience and unmatched familiarity with the City’s projects from prior engagements, there is no cost advantage in soliciting bids from other vendors.

His prior work with the City ensures compliance and continuity critical for the timely and efficient completion of our projects. The L28 Team, under Ryan’s supervision, has made significant strides in the last six months, establishing a conventional format for L28 productions and a production schedule that has been instrumental in showcasing the City of Lancaster’s highlights.

Ryan Michel’s role is not merely supervisory but encompasses the comprehensive management of the L28 team, ensuring that the content produced is relevant, entertaining, enriching, and reflective of the City’s values and culture. His oversight guarantees that the standards of story writing, videography, and on-camera presence align with the expectations of City Leadership, the City Manager’s Office, and the Communications Department.

The decision to proceed with Ryan Michel as the contracted Project Manager for a 12-month agreement is based on his proven track record with the City, his ability to produce content that significantly promotes Lancaster, and his critical role in managing the production team to deliver content that meets our strategic communication goals.

The fiscal impact of this agreement is fully accounted for, with sufficient funds available in the Lancaster TV Peg Fee Expense account, ensuring that the financial implications are within the budgetary allocations for this purpose.

This memo finds that the Professional Services Agreement with Ryan Michel, for project management support for the L28 project, meets the criteria for a sole source justification. His unique qualifications and previous successful engagements with the City make him the most suitable candidate for the role, without a viable alternative that could offer the same level of expertise and cost efficiency.

APPROVAL:

Purchasing Agent – Purchasing Division, Finance Date

STAFF REPORT
City of Lancaster
CC 11
2/27/2024
JC
Date: February 27, 2024
To: Mayor Parris and City Council Members
From: Jason Caudle, City Manager
Kathleen Abaied, Human Resources Assistant Director
Subject: Amending Employee Classification and Compensation Schedule Recommendation:

Adopt Resolution ___________, amending Resolution 24-06, establishing a compensation schedule for the classifications of Assistant Chief of Police of the City of Lancaster.

Fiscal Impact:

The total cost of the compensation and classification change increase is projected at 7.2% through June 30, 2024.

Background:

The proposed classification and compensation changes will allow the Public Safety Department to continue transitioning into the Lancaster Police Department and provide additional law enforcement resources to aid in addressing crime and quality of life issues. With the current crime trends, the City recognizes the need to be proactive and create a system to mitigate potential serious issues. By transitioning our Public Safety Department to a Lancaster Police Department it gives our city the ability to address the "root causes" behind some of these long-term issues.

Attachment:

Resolution No. 24-XX
Resolution No. 24-XX

Page 1 ends

RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, AMENDING RESOLUTION 24-06

ESTABLISHING TERMS AND CONDITIONS OF

EMPLOYMENT AND A COMPENSATION SCHEDULE FOR

REPRESENTED AND NON-REPRESENTED REGULAR AND

PROBATIONARY EMPLOYEES OF THE CITY
WHEREAS, the City Council is desirous of amending the Classification and Compensation Schedule for Represented and Non-Represented Full Time Employees;

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES HEREBY RESOLVE, DETERMINE AND FIND AS FOLLOWS;
Section 1. Establish the 3100 series: The 3100 series employee group and the following classifications are established in the Compensation Schedule effective February 27, 2024 as follows:

Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Assistant Chief
of Police
H - $73.99
M - $12,825.61
H - $77.69
M - $13,466.90
H - $81.58
M - $14,140.23
H - $85.66
M - $14,847.24
H - $89.94
M - $15,589.60
H - $94.44
M - $16,369.08
Section 2. Establish the 3100 series employee group benefits as follows: Effective February 27, 2024, 3100 series employees are eligible for 3000 series employee group benefits with the exception of participation in the CalPERS retirement system. 3100 series employees receive an additional defined retirement benefit plan in which the employer contribution is 20% and the employee contribution is 7.25%.

Section 3. The 2000 series employee group and the following classifications are established in the Compensation Schedule effective February 27, 2024 as follows:

Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Director H - $92.49
M - $16,032.01
H - $97.12
M - $16,833.61
H - $101.97
M - $17,675.30
H - $107.07
M - $18,559.06
H - $112.43
M - $19,487.02
H - $118.05
M - $20,461.37
Assistant City
Manager
H - $112.80
M - $19,551.22
H - $118.44
M - $20,528.78
H - $124.36
M - $21,555.21
H - $130.57
M - $22,632.98
H - $137.10
M - $23,764.63
H - $143.96
M - $24,952.85
Section 4. The 2100 series employee group and the following classifications are established in the Compensation Schedule effective February 27, 2024 as follows:

Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Chief of Police H - $92.49
M - $16,032.01
H - $97.12
M - $16,833.61
H - $101.97
M - $17,675.30
H - $107.07
M - $18,559.06
H - $112.43
M - $19,487.02
H - $118.05
M - $20,461.37
Director of
Public Safety
H - $92.49
M - $16,032.01
H - $97.12
M - $16,833.61
H - $101.97
M - $17,675.30
H - $107.07
M - $18,559.06
H - $112.43
M - $19,487.02
H - $118.05
M - $20,461.37
Resolution No. 24-XX

Page 2 ends

Section 5. The 3000 series employee group and the following Tier 1 (employees hired in the following positions on or before June 30, 2019) classifications are established in the Compensation Schedule effective February 27, 2024 as follows:

Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Planner H - $46.55
M - $8,067.80
H - $48.87
M - $8,471.19
H - $51.32
M - $8,894.75
H - $53.88
M - $9,339.48
H - $56.58
M - $9,806.46
H - $59.40
M - $10,296.78
Analyst A H - $46.55
M - $8,067.80
H - $48.87
M - $8,471.19
H - $51.32
M - $8,894.75
H - $53.88
M - $9,339.48
H - $56.58
M - $9,806.46
H - $59.40
M - $10,296.78
Analyst B H - $49.32
M - $8,549.17
H - $51.79
M - $8,976.63
H - $54.38
M - $9,425.46
H - $57.10
M - $9,896.73
H - $59.95
M - $10,391.57
H - $62.95
M - $10,911.16
Engineer H - $55.22
M - $9,570.69
H - $57.98
M - $10,049.22
H - $60.88
M - $10,551.67
H - $63.92
M - $11,079.25
H - $67.11
M - $11,633.20
H - $70.47
M - $12,214.87
Senior Planner H - $56.71
M - $9,829.97
H - $59.55
M - $10,321.48
H - $62.52
M - $10,837.56
H - $65.65
M - $11,379.44
H - $68.93
M - $11,948.41
H - $72.38
M - $12,545.82
Manager H - $61.08
M - $10,586.77
H - $64.13
M - $11,116.11
H - $67.34
M - $11,671.92
H - $70.70
M - $12,255.51
H - $74.24
M - $12,868.29
H - $77.95
M - $13,511.70
Section 6. The 3000 series employee group and the following Tier 2 classifications are established in the Compensation Schedule effective February 27, 2024 as follows:

Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Senior Planner H - $55.50
M - $9,619.20
H - $58.27
M - $10,100.16
H - $61.18
M - $10,605.16
H - $64.24
M - $11,135.41
H - $67.45
M - $11,692.18
H - $70.83
M - $12,276.79
Manager H - $60.12
M - $10,420.82
H - $63.13
M - $10,941.86
H - $66.28
M - $11,488.95
H - $69.60
M - $12,063.39
H - $73.08
M - $12,666.57
H - $76.73
M - $13,299.91
Chief Building
Official H - $64.74
M - $11,222.38
H - $67.98
M - $11,783.50
H - $71.38
M - $12,372.69
H - $74.95
M - $12,991.31
H - $78.70
M - $13,640.88
H - $82.63
M - $14,322.92
Senior Engineer H - $64.74
M - $11,222.38
H - $67.98
M - $11,783.50
H - $71.38
M - $12,372.69
H - $74.95
M - $12,991.31
H - $78.70
M - $13,640.88
H - $82.63
M - $14,322.92
City Clerk H - $73.99
M - $12,825.61
H - $77.69
M - $13,466.90
H - $81.58
M - $14,140.23
H - $85.66
M - $14,847.24
H - $89.94
M - $15,589.60
H - $94.44
M - $16,369.08
Assistant City
Attorney H - $73.99
M - $12,825.61
H - $77.69
M - $13,466.90
H - $81.58
M - $14,140.23
H - $85.66
M - $14,847.24
H - $89.94
M - $15,589.60
H - $94.44
M - $16,369.08
Assistant
Director H - $73.99
M - $12,825.61
H - $77.69
M - $13,466.90
H - $81.58
M - $14,140.23
H - $85.66
M - $14,847.24
H - $89.94
M - $15,589.60
H - $94.44
M - $16,369.08
Section 7. The 4000 series employee group and the following Tier 1 (employees hired in the following positions on or before June 30, 2019) classifications are established in the Compensation Schedule effective February 27, 2024 as follows:

Resolution No. 24-XX

Page 3 ends

Section 8. The 4000 series employee group and the following Tier 2 classifications are established in the Compensation Schedule effective February 27, 2024 as follows:

Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Specialist I
H - $32.37
M - $5,611.21 H - $33.99
M - $5,891.77
H - $35.69
M - $6,186.35
H - $37.48
M - $6,495.67
H - $39.35
M - $6,820.45
H - $41.32
M - $7,161.48
Administrative
Assistant
H - $32.37
M - $5,611.21 H - $33.99
M - $5,891.77
H - $35.69
M - $6,186.35
H - $37.48
M - $6,495.67
H - $39.35
M - $6,820.45
H - $41.32
M - $7,161.48
Coordinator I H - $37.00
M - $6,412.79
H - $38.85
M - $6,733.44
H - $40.79
M - $7,070.12
H - $42.83
M - $7,423.63
H - $44.97
M - $7,794.80
H - $47.22
M - $8,184.54
Specialist II H - $37.00
M - $6,412.79
H - $38.85
M - $6,733.44
H - $40.79
M - $7,070.12
H - $42.83
M - $7,423.63
H - $44.97
M - $7,794.80
H - $47.22
M - $8,184.54
Accountant H - $41.62
M - $7,214.42
H - $43.70
M - $7,575.14
H - $45.89
M - $7953.90
H - $48.18
M - $8,351.59
H - $50.59
M - $8,769.17
H - $53.12
M - $9,207.64
Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Specialist I H - $34.06
M - $5,902.95
H - $35.76
M - $6,198.10
H - $37.55
M - $6,508.00
H - $39.42
M - $6,833.39
H - $41.39
M - $7,175.05
H - $43.46
M - $7,533.80
Administrative
Assistant
H - $37.00
M - $6,412.79
H - $38.85
M - $6,733.44
H - $40.79
M - $7,070.12
H - $42.83
M - $7,423.63
H - $44.97
M - $7,794.80
H - $47.22
M - $8,184.54
Specialist II H - $38.53
M - $6,678.60
H - $40.46
M - $7,012.53
H - $42.48
M - $7,363.16
H - $44.60
M - $7,731.32
H - $46.83
M - $8,117.89
H - $49.18
M - $8,523.80
Accountant H - $41.62
M - $7,214.42
H - $43.70
M - $7,575.14
H - $45.89
M - $7953.90
H - $48.18
M - $8,351.59
H - $50.59
M - $8,769.17
H - $53.12
M - $9,207.64
Inspector H - $41.62
M - $7,214.42
H - $43.70
M - $7,575.14
H - $45.89
M - $7953.90
H - $48.18
M - $8,351.59
H - $50.59
M - $8,769.17
H - $53.12
M - $9,207.64
Senior Specialist H - $41.62
M - $7,214.42
H - $43.70
M - $7,575.14
H - $45.89
M - $7953.90
H - $48.18
M - $8,351.59
H - $50.59
M - $8,769.17
H - $53.12
M - $9,207.64
IT Analyst I H - $45.80
M - $7,938.78
H - $48.09
M - $8,335.71
H - $50.50
M - $8,752.49
H - $53.02
M - $9,190.11
H - $55.67
M - $9,649.62
H - $58.45
M - $10,132.09
Senior
Engineering
Technician
H - $48.19
M - $8,353.22
H - $50.60
M - $8,770.88
H - $53.13
M - $9,209.42
H - $55.79
M - $9,669.88
H - $58.58
M -$10,153.37
H - $61.51
M - $10,661.04
Senior Inspector H - $48.19
M - $8,353.22
H - $50.60
M - $8,770.88
H - $53.13
M - $9,209.42
H - $55.79
M - $9,669.88
H - $58.58
M -$10,153.37
H - $61.51
M - $10,661.04
Analyst H - $49.40
M - $8,562.04
H - $51.87
M - $8,990.15
H - $54.46
M - $9,439.67
H - $57.18
M - $9,911.66
H – 60.04
M - $10,407.24
H - $63.04
M - $10,927.61
Coordinator III H - $49.40
M - $8,562.04
H - $51.87
M - $8,990.15
H - $54.46
M - $9,439.67
H - $57.18
M - $9,911.66
H – 60.04
M - $10,407.24
H - $63.04
M - $10,927.61
IT Analyst II H - $50.63
M - $8,776.08
H - $53.16
M - $9,214.90
H - $55.82
M - $9,675.64
H - $58.61
M - $10,159.41
H - $61.54
M - $10,667.39
H - $64.62
M – 11,200.76
Resolution No. 24-XX

Page 4 ends

Assistant City
Clerk
H - $41.62
M - $7,214.42
H - $43.70
M - $7,575.14
H - $45.89
M - $7953.90
H - $48.18
M - $8,351.59
H - $50.59
M - $8,769.17
H - $53.12
M - $9,207.64
Coordinator II H - $41.62
M - $7,214.42
H - $43.70
M - $7,575.14
H - $45.89
M - $7953.90
H - $48.18
M - $8,351.59
H - $50.59
M - $8,769.17
H - $53.12
M - $9,207.64
Engineering
Technician
H - $41.62
M - $7,214.42
H - $43.70
M - $7,575.14
H - $45.89
M - $7953.90
H - $48.18
M - $8,351.59
H - $50.59
M - $8,769.17
H - $53.12
M - $9,207.64
Inspector H - $41.62
M - $7,214.42
H - $43.70
M - $7,575.14
H - $45.89
M - $7953.90
H - $48.18
M - $8,351.59
H - $50.59
M - $8,769.17
H - $53.12
M - $9,207.64
Purchasing Agent H - $41.62
M - $7,214.42
H - $43.70
M - $7,575.14
H - $45.89
M - $7953.90
H - $48.18
M - $8,351.59
H - $50.59
M - $8,769.17
H - $53.12
M - $9,207.64
Senior Specialist H - $41.62
M - $7,214.42
H - $43.70
M - $7,575.14
H - $45.89
M - $7953.90
H - $48.18
M - $8,351.59
H - $50.59
M - $8,769.17
H - $53.12
M - $9,207.64
Analyst H - $46.25
M - $8,016.02
H - $48.56
M - $8,416.83
H - $50.99
M - $8,837.66
H - $53.54
M - $9,279.55
H - $56.21
M - $9,743.52
H - $59.02
M - $10,230.70
Coordinator III H - $46.25
M - $8,016.02
H - $48.56
M - $8,416.83
H - $50.99
M - $8,837.66
H - $53.54
M - $9,279.55
H - $56.21
M - $9,743.52
H - $59.02
M - $10,230.70
IT Analyst I H - $46.25
M - $8,016.02
H - $48.56
M - $8,416.83
H - $50.99
M - $8,837.66
H - $53.54
M - $9,279.55
H - $56.21
M - $9,743.52
H - $59.02
M - $10,230.70
Planner H - $46.25
M - $8,016.02
H - $48.56
M - $8,416.83
H - $50.99
M - $8,837.66
H - $53.54
M - $9,279.55
H - $56.21
M - $9,743.52
H - $59.02
M - $10,230.70
Senior
Engineering
Technician
H - $46.25
M - $8,016.02
H - $48.56
M - $8,416.83
H - $50.99
M - $8,837.66
H - $53.54
M - $9,279.55
H - $56.21
M - $9,743.52
H - $59.02
M - $10,230.70
Senior Inspector H - $46.25
M - $8,016.02
H - $48.56
M - $8,416.83
H - $50.99
M - $8,837.66
H - $53.54
M - $9,279.55
H - $56.21
M - $9,743.52
H - $59.02
M - $10,230.70
Supervisor H - $46.25
M - $8,016.02
H - $48.56
M - $8,416.83
H - $50.99
M - $8,837.66
H - $53.54
M - $9,279.55
H - $56.21
M - $9,743.52
H - $59.02
M - $10,230.70
Assistant
Manager
H - $50.87
M - $8,817.60
H - $53.41
M - $9,258.47
H - $56.09
M - $9,721.40
H - $58.89
M - $10.207.47
H - $61.83
M - $10,717.85
H - $64.93
M - $11,253.75
IT Analyst II H - $50.87
M - $8,817.60
H - $53.41
M - $9,258.47
H - $56.09
M - $9,721.40
H - $58.89
M - $10.207.47
H - $61.83
M - $10,717.85
H - $64.93
M - $11,253.75
Senior Analyst H - $50.87
M - $8,817.60
H - $53.41
M - $9,258.47
H - $56.09
M - $9,721.40
H - $58.89
M - $10.207.47
H - $61.83
M - $10,717.85
H - $64.93
M - $11,253.75
Senior
Coordinator H - $50.87
M - $8,817.60
H - $53.41
M - $9,258.47
H - $56.09
M - $9,721.40
H - $58.89
M - $10.207.47
H - $61.83
M - $10,717.85
H - $64.93
M - $11,253.75
Senior IT
Analyst
H - $55.50
M - $9,619.20
H - $58.27
M - $10,100.16
H - $61.18
M - $10,605.16
H - $64.24
M - $11,135.41
H - $67.45
M - $11,692.18
H - $70.83
M - $12,276.79
Engineer H - $55.50
M - $9,619.20
H - $58.27
M - $10,100.16
H - $61.18
M - $10,605.16
H - $64.24
M - $11,135.41
H - $67.45
M - $11,692.18
H - $70.83
M - $12,276.79
Resolution No. 24-XX

Page 5 ends

Section 9. The 5000 series employee group and the following Tier 1 (employees hired in the following positions on or before June 30, 2019) classifications are established in the Compensation Schedule effective February 27, 2024 as follows:

Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Technician II H - $34.90
M - $6,049.33
H - $36.65
M - $6,352.67
H - $38.48
M - $6,669.87
H - $40.40
M - $7,002.67
H - $42.42
M - $7,352.80
H - $44.54
M - $7,720.27
Section 10. The 5000 series employee group and the following Tier 2 classifications are established in the Compensation Schedule effective February 27, 2024 as follows:

Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Technician I H - $27.74
M - $4,808.27
H - $29.13
M - $5,049.20
H - $30.59
M - $5,302.27
H - $32.12
M - $5,567.47
H - $33.73
M - $5,846.53
H - $35.42
M - $6,139.47
Technician II H - $32.37
M - $5,610.80
H - $33.99
M - $5,891.60
H - $35.69
M - $6,186.27
H - $37.47
M - $6,494.80
H - $39.34
M - $6,818.93
H - $41.31
M - $7,160.40
· Section 11. The 5100 series employee group and the following classifications are established in the Compensation Schedule effective February 27, 2024 as follows:

Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Peace Officers H - $50.87
M - $8,817.60
H - $53.41
M - $9,258.47
H - $56.09
M - $9,721.40
H - $58.89
M - $10.207.47
H - $61.83
M - $10,717.85
H - $64.93
M - $11,253.75
Section 12. Establish the 5100 series employee group benefits as follows: Effective February 27, 2024, 5100 series employees are eligible for 5000 series employee group benefits with the exception of participation in the CalPERS retirement system. 5100 series employees receive an additional defined retirement benefit plan in which the employer contribution is 20% and the employee contribution is 7.25%.

Section 13. The 6000 series employee group and the following classifications are established in the Compensation Schedule effective February 27, 2024 as follows:

Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Fleet Technician H - $25.96
M - $4,499.73
H - $27.26
M - $4,725.07
H - $28.62
M - $4,960.80
H - $30.05
M - $5,208.67
H - $31.55
M - $5,468.67
H - $33.13
M - $5,742.53
Maintenance
Worker I
H - $25.96
M - $4,499.73
H - $27.26
M - $4,725.07
H - $28.62
M - $4,960.80
H - $30.05
M - $5,208.67
H - $31.55
M - $5,468.67
H - $33.13
M - $5,742.53
Utility
Maintenance
Worker I
H - $27.28
M - $4,728.53
H - $28.64
M - $4,964.27
H - $30.07
M - $5,212.13
H - $31.57
M - $5,472.13
H - $33.15
M - $5,746.00
H - $34.81
M - $6,033.73
Maintenance
Worker II
H - $28.70
M - $4,974.67
H - $30.13
M - $5,222.53
H - $31.64
M - $5,484.27
H - $33.22
M - $5,758.13
H - $34.88
M - $6,045.87
H - $36.62
M - $6,347.47
Senior
Custodian
H - $29.41
M - $5,097.73
H - $30.88
M - $5,352.53
H - $32.42
M - $5,619.47
H - $34.04
M - $5,900.27
H - $35.74
M - $6,194.93
H - $37.53
M - $6,505.20
Utility
Maintenance
Worker II
H - $30.15
M - $5,226.00
H - $31.66
M - $5,487.73
H - $33.24
M - $5,761.60
H - $34.90
M - $6,049.33
H - $36.65
M - $6,352.67
H - $38.48
M - $6,669.87
Resolution No. 24-XX

Page 6 ends

Light Equipment
Mechanic
H - $30.15
M - $5,226.00
H - $31.66
M - $5,487.73
H - $33.24
M - $5,761.60
H - $34.90
M - $6,049.33
H - $36.65
M - $6,352.67
H - $38.48
M - $6,669.87
Heavy Equipment
Operator
H - $30.15
M - $5,226.00
H - $31.66
M - $5,487.73
H - $33.24
M - $5,761.60
H - $34.90
M - $6,049.33
H - $36.65
M - $6,352.67
H - $38.48
M - $6,669.87
Facilities
Maintenance
Worker
H - $30.15
M - $5,226.00
H - $31.66
M - $5,487.73
H - $33.24
M - $5,761.60
H - $34.90
M - $6,049.33
H - $36.65
M - $6,352.67
H - $38.48
M - $6,669.87
Lead Maintenance
Worker H - $32.47
M - $5,628.13
H - $34.09
M - $5,908.93
H - $35.79
M - $6,203.60
H - $37.58
M - $6,513.87
H - $39.46
M - $6,839.73
H - $41.43
M - $7,181.20
Lead Heavy
Equipment
Operator
H - $32.47
M - $5,628.13
H - $34.09
M - $5,908.93
H - $35.79
M - $6,203.60
H - $37.58
M - $6,513.87
H - $39.46
M - $6,839.73
H - $41.43
M - $7,181.20
Lead Utility
Maintenance
Worker
H - $34.06
M - $5,903.73
H - $35.76
M - $6,198.40
H - $37.55
M - $6,508.67
H - $39.43
M - $6,834.53
H - $41.40
M - $7,176.00
H - $43.47
M - $7,534.80
Heavy
Equipment
Mechanic
H - $34.06
M - $5,903.73
H - $35.76
M - $6,198.40
H - $37.55
M - $6,508.67
H - $39.43
M - $6,834.53
H - $41.40
M - $7,176.00
H - $43.47
M - $7,534.80
Traffic Signal
Technician H - $35.83
M - $6,210.53
H - $37.62
M - $6,520.80
H - $39.50
M - $6,846.67
H - $41.48
M - $7,189.87
H - $43.55
M - $7,548.67
H - $45.73
M - $7,926.53
Lead Mechanic H - $37.60
M - $6,517.33
H - $39.48
M - $6,843.20
H - $41.45
M - $7,184.67
H - $43.52
M - $7,543.47
H - $45.70
M - $7,921.33
H - $47.98
M - $8,316.53
Traffic Signal
Electrician H - $48.18
M - $8,351.20
H - $50.59
M - $8,768.93
H - $53.12
M - $9,207.47
H - $55.78
M - $9,668.53
H - $58.57
M - $10,152.13
H - $61.50
M - $10,660.00
Section 14. The 8000 series employee group classifications are established in the Temporary Hourly Compensation Schedule effective February 27, 2024 as follows:

Classification
Step 1 Step 2 Step 3 Step 4
Recreation Program Leader $17.95 $18.85 $19.79 $20.78
Senior Recreation Program Leader $21.82 $22.91 $24.06 $25.26 Youth Program Leader $17.95 $18.85 $19.79 $20.78
Senior Youth Program Leader $21.82 $22.91 $24.06 $25.26 Art Program Leader $17.95 $18.85 $19.79 $20.78
Senior Art Program Leader $21.82 $22.91 $24.06 $25.26
Special Events Assistant $17.95 $18.85 $19.79 $20.78
Stage Assistant $17.95 $18.85 $19.79 $20.78
Senior Stage Assistant $21.82 $22.91 $24.06 $25.26
Maintenance Assistant $17.95 $18.85 $19.79 $20.78
Senior Maintenance Assistant $21.82 $22.91 $24.06 $25.26 Facilities Assistant $17.95 $18.85 $19.79 $20.78
Senior Facilities Assistant $21.82 $22.91 $24.06 $25.26 Ranger $17.95 $18.85 $19.79 $20.78
Senior Ranger $21.82 $22.91 $24.06 $25.26
Office Assistant $21.82 $22.91 $24.06 $25.26
Resolution No. 24-XX

Page 7 ends

Senior Office Assistant $26.52 $27.85 $29.24 $30.70
Media Assistant $21.82 $22.91 $24.06 $25.26
Senior Media Assistant $26.52 $27.85 $29.24 $30.70
Technical Assistant $21.82 $22.91 $24.06 $25.26
Senior Technical Assistant $26.52 $27.85 $29.24 $30.70
Security Officer $26.52 $27.85 $29.24 $30.70
Senior Security Officer $32.24 $33.85 $35.54 $37.32
Lifeguard I $20.78
Lifeguard II $23.90
Sr. Lifeguard $26.29
Senior Aquatic Program Leader $30.22
Undergraduate Intern $26.52
Graduate Intern $30.71
Homeless and Community Safety Liaison $26.93 - $52.73 Project Assistant $31.42 - $53.86
Section 15. Continuation of Other Benefits. All other existing benefits for 8000 series, 6000 series, 5100 series, 5000 series, 4000 series, 3000 series 2100 series, and 2000 series employees not conflicting with the above changes shall remain in effect until changed by the City through appropriate City Council action.

Section 16. Any Resolutions in conflict with provisions stated herein shall be considered superseded by the provisions contained within this Resolution.

STAFF REPORT
City of Lancaster
NB 1
2/27/2024
JC
Date:February 27, 2024
To: Mayor Parris and City Council Members
From:Sonya Patterson, Director of Parks, Arts, Recreation and Community Services Subject:Award Professional Services Agreement for the Development of a Public Art Master Plan
Recommendation:

1. Award RFP #804-24 Development of a Public Art Master Plan to RRM in the amount of $174,662 (cost plus 15% contingency).

2. Allocate $174,662 from the general fund balance to account number 101600005700 to cover the cost associated with RFP #804-24.

3. Authorize the City Manager or his designee to execute all contracts and associated documents, with non-substantive changes approved by the City Attorney.

Fiscal Impact:
$174,662 (RFP #804-24 award, including 15% contingency); with these actions sufficient funds are available in account number 101600005700.

Background:

A Public Arts Master Plan is a crucial planning document what will assist the City in expanding its current public art program, establishing additional approaches to public art, developing guidance for the City's Public Art Program, identifying resources for the support of public art throughout Lancaster, and setting priorities for public art within the City. The Public Arts Master Plan will identify a unified community vision, establish a plan for potential selections and placement of public art throughout the community, and strive to educate the public about the role public art plays in the community. The Public Arts Master Plan will also provide a general guideline to the City on the planning and processes necessary to develop, administer and maintain a Public Art Program.

Public art increases cultural awareness, stimulates imagination, and provokes creative dialogue among those in the entire community. Public art pieces become landmarks that uniquely identify, enhance and draw attention to buildings, parks and communities. Residents, business owners and 1 5
4 9
customers, neighbors and visitors will enjoy the quality of life that is provided by interacting with art on a daily basis.

On November 2, 2023, a Request for Proposals for the Development of a Public Arts Master Plan was released and posted on the City of Lancaster website. The following four proposals were received by the December 7, 2023 deadline:

Firm Location Proposal Amount
RRM Design Group San Juan Capistrano, CA $151,880
MIG Los Angeles, CA $126,895
Odyssey Associates North Haven, CT $50,300
NINE dot ARTS Denver, CO $100,000
After a thorough review process, which involved conducting interviews with all firms and conducting a comprehensive examination of the proposed scopes of work, project hours allocated, and overall fees, staff and the Evaluation Committee recommends awarding a contract to RRM Design Group, in an amount not to exceed $174,662.

SP:VR
Attachment:

Professional Services Agreement
Public Art Master Plan

AGREEMENT FOR PROFESSIONAL SERVICES
T HIS AGREEMENT FOR PROFESSIONAL SERVICES (this “AGREEMENT ”) is made and entered into this day of ____, day of _______, 20 24, by and between the CITY OF LANCASTER, a municipal corporation and charter city (the “OWNER”), and RRM Design Group, a California Corporation (the “CONSULTANT”).

RECI
TALS
W
HEREAS, OWNER desires to engage CONSULTANT to perform certain services, as provided herein, identified as:

R
FP 804-24 DEVELOPMENT OF A PUBLIC ARTS MASTER PLAN (PLANNING CONSULTANT SERVICES) N
OW, THEREFORE, the parties agree as follows:

1. Pa
rties.

T
he parties to this AGREEMENT are:

A. O
WNER: City of Lancaster.

B. C
ONSULTANT: RRM Design Group

2. N
otices. All written notices required by or related to this AGREEMENT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this AGREEMENT shall refuse to accept such mail; parties to this AGREEMENT shall promptly inform the other party of any changes of address. All notices required by this AGREEMENT are effective on the day of receipt, unless otherwise indicated herein.

O
WNER City of Lancaster
Attn: Sonya Patterson
44933 North Fern Avenue
Lancaster, California 93534
C
ONSULTANT RRM Design Group
Attn: Diane Bathgate
3 2332 Camino Capistrano, Ste. 205
San Juan Capistrano, California 92675

Public Art Master Plan

4. Incorporation by Reference. The CONSULTANT’S Proposal is hereby incorporated in and made a part of this AGREEMENT. CONSULTANT agrees to comply with all of the requirements set forth therein.

5. Precedence of AGREEMENT Documents . If there is a conflict between AGREEMENT documents, the document highest in precedence shall control. The precedence shall be:

First: This AGREEMENT
Second: The RFP
Third: The CONSULTANT’S Proposal

6. Description of Work. OWNER hereby engages CONSULTANT, and CONSULTANT accepts such engagement, to perform the technical and professional services set forth in the “Scope of Services” attached hereto as Exhibit “A”. CONSULTANT shall perform and complete, all work and services set forth in Scope of Services consistent with but limited to, that degree of skill and care ordinarily used by other reputable members of CONSULTANT’S profession, practicing in the same or similar locality and under similar circumstances, nothing in this Agreement shall be interpreted to require CONSULTANT to meet any higher standard of care, and this paragraph shall control over any such contrary provision . The Department Dir ector his or her 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 Department Director, or his or her designee.

7. Obligations of the OWNER.

A. The total compensation to be paid by OWNER to CONSULTANT for all work and services described in Scope of Services is not to exceed $ 174,662. CONSULTANT’S fees and charges for the work and services performed shall in no event exceed those set forth in Exhibit “B” attached he reto and made a part hereof.

B. No payment made hereunder by OWNER to CONSULTANT, other than the final payment, shall be construed as an acceptance by OWNER of any work or materials, nor as evidence of satisfactory performance by CONSULTANT of its obligations under this AGREEMENT.

8. Obligations of the CONSULTANT.

A. CONSULTANT shall perform as required by this AGREEMENT. CONSULTANT also warrants on behalf of itself and all Subcontractors engaged for the performance of this AGREEMENT.

B. CONSULTANT shall be responsible for payment of all employees' and Subcontractor's wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.

9. Audit. OWNER shall have the option of inspecting and/or auditing all records and other written materials used by CONSULTANT in preparing its statements to OWNER as a condition precedent to any payment to CONSULTANT.

10. Hold Harmless and Indemnification. CONSULTANT agrees to indemnify and hold harmless the OWNER, its elected officials, officers and employees, from and against any and all claims, losses, obligations, or liabilities, including reasonable Attorney’s fees, to the extent caused by or in any manner arising out of or Public Art Master Plan
related to CONSULTANT’S negligent or willful wrongful acts, errors or omissions, or those of its employees or agents. CONSULTANT agrees to defend OWNER, its elected officials, officers, employees, and volunteers, from and against any an d all claims arising from any alleged negligent or wrongful acts, errors or omissions on the part of CONSULTANT or on the part of its employees. CONSULTANT has no obligation to pay for indemnities’ defense related to cost prior to final determination of liability or to pay any amount that exceeds CONSULTANT’S finally determined percentage of liability based on the comparative fault of CONSULTANT.

11. Amendments. Any amendment, modification, or variation from the terms of this AGREEMENT shall be in writin g and shall be effective only upon mutual written approval by the Department Director and CONSULTANT.

12. Non-Discrimination and Equal Employment Opportunity.

A. In the performance of this AGREEMENT, CONSULTANT shall not discriminate against any employee, Subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, physical or mental disability or age. CONSULTANT will take affirmative action to ensure that Subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Affirmative action relating to employment shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.

B. The provisions of subsection A above shall be included in all solicitat ions or advertisements placed by or on behalf of CONSULTANT for personnel to perform any services under this AGREEMENT. OWNER shall have access to all documents, data and records of CONSULTANT and its Subcontractors for purposes of determining compliance with the equal employment opportunity and non- discrimination provisions of this Section.

13. 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 BROKER/FIRM. This AGREEMENT shall continue in full force and effect from ________ to ________ (a period of 24 months), unless the AGREEMENT is sooner terminated in accordance with the Termination clause in this AGREEMENT; and may be extended if the CITY and the BROKER/FIRM mutually agree in writing to extend the Term of this AGREEMENT.

14. Termination for Convenience. The OWNER may terminate this AGREEMENT at any time without cause by giving fifteen (15) days written notice to CONSULTANT of such termination and specifying the effective date thereof. CONSULTANT may terminate this AGREEMENT with or without cause at any time upon (15) day written notice to OWNER. OWNER shall pay any undisputed outstanding invoices within fifteen (15) days of termination.

15. Independent Consultant. CONSULTANT is an independent Consultant and shall have no power or authority to incur any debt, obligation or liability on behalf of the OWNER. It is expressly understood between the parties to this AGREEMENT that no employee/employer relationship is intended; CONSULTANT is an independent Consultant.

16. Insurance.

Public Art Master Plan

Commercial General Liability
Each Occurrence $1,000,000
Per Project General Aggregate $2,000,000
Including Products/Completed Operations; Contractual Liability/Independent Consultants; Property Damage
(Coverage shall be at least as broad as the current ISO form CG2010 and CG2037 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 $1,000,000
Public Art Master Plan
General Aggregate $1,000,000
B. The Consultant’s General Liability and Auto insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured’s liability.

C. Professional liability and/or cyber insurance 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 Consultant for all claims made by the City insured entities arising out of any acts or omissions of Consultant or its officers, employees, or agents during the time this Agreement was in effect.

D. Any deductibles or self-insurance retentions must be declared and approved by the City. At the City’s option, either the insure r 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 General Liability insurance shall be primary and noncontributory as respects the City insured entities. Any insurance or self -insurance maintained by the City insured entities shall be in excess of the Consultant’s insurance and shall not contribute with it.

F. Consultant shall furnish the City with Certificates of Insurance and with original endorsements affecting coverage required by this Agreement. Certificates of Insurance shall meet the following requirements:

(1) Coverage shall not be suspended, voided, canceled, 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:
“RFP 804-24 DEVELOPMENT OF A PUBLIC ARTS MASTER PLAN
(PLANNING CONSULTANT SERVICES)”
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.

17. Commencement and Completion of Work . The execution of this AGREEMENT by the parties does not constitute an authorization to proceed. The services of CONSULTANT shall commence when the OWNER, acting by and through its Department Director or his or her designee, has issued the Work Order.

CONSULTANT shall have no claim for compensation for any services or work which has not been authorized by the OWNER's Work Order.

18. Extension of Time for Completion of Work.

Public Art Master Plan
A. If, at any time, the work is delayed due to suspension order by OWNER, or due to any other cause which, in the reasonable opinion of the OWNER, is unforeseeable and beyond the control and not attributable to the fault or negligence of CONSULTANT, then CONSULTANT shall be entitled to an extension of time equal to said delay, subject to the OWNER's right to terminate this AGREEMENT pursuant to Section 13.

B. No extension of time requested or granted hereunder shall entitle CONSULTANT to additional compensation unless, as a consequence of such extension, additional work must be performe d. In such event,

19. Data Provided to CONSULTANT . OWNER shall provide to CONSULTANT, without charge, all data, including reports, records, maps and other information, now in the OWNER's possession which may facilitate the timely performance of the work described in Scope of Services.

20. CONSULTANT's Warranties and Representations.

CONSULTANT warrants and represents to OWNER as follows:

A. CONSULTANT has not employed or retained any person or entity, other than a bona fide employee working exclusively for CONSULTANT, to solicit or obtain this AGREEMENT.

B. CONSULTANT has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for CONSULTANT, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the execution of this AGREEMENT. Upon any breach or violation of this warranty, OWNER shall have the right, in its sole discretion, to terminate this AGREEMENT without further liability, or, in the alternati ve, to deduct from any sums payable hereunder the full amount or value of any such fee, commission, percentage or gift.

C. CONSULTANT has no knowledge that any officer or employee of the OWNER has any interest, whether contractual, non-contractual, financial, proprietary, or otherwise, in this transaction or in the business of the CONSULTANT, and that if any such interest comes to the knowledge of CONSULTANT at any time, a complete written disclosure of such interest will be made to OWNER, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws.

D. Upon the execution of this AGREEMENT, CONSULTANT has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manne r hinder the performance of services and work required by this AGREEMENT, nor shall any such interest be acquired during the term of this AGREEMENT.

21. 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.

Public Art Master Plan

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.

22. Exhibits.

The following exhibits to which reference is made in this AGREEMENT are deemed incorporated herein in their entirety:

Exhibit "A" Scope of Services

Exhibit “B” Payment Clause

Exhibit “C” Project Schedule

23. Governing Law.

This AGREEMENT shall be governed by the laws of the State of California.

24. Effective Date.

This AGREEMENT shall become effective as of the date set forth below on which the last of the parties, whether OWNER or CONSULTANT, executes this AGREEMENT.

Public Art Master Plan
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:

_________________________________
Company Name

By:
(Name, Title)

Dated:

ATTEST:

Andrea Alexander, City Clerk

APPROVED AS TO FORM:

City Attorney

AGREEMENT SUBMISSION APPROVAL:

__________________________________________
Director

1 SCOPE OF WORK
Building on the RFP, we have developed a detailed scope of services to develop a Public Arts Master Plan (PAMP or Master Plan) for the City of Lancaster that will build on the existing foundation of art and the pre-existing public art master plan and a create a cohesive approach and strategic blueprint for the future of public art for the community. This scope of work is tailored specifically to the City of Lancaster, and we look forward to working closely with you and key stakeholders at the Lancaster Museum and Public Art Foundation to refine or modify as needed. The following tasks parallel those outlined in the issued RFP and we also have provided additional work program assumptions and clarifications, including an additional task for the Public Arts Master Plan review and approval process and ongoing project management. We have prepared the proposed work program based on our understanding of the effort and experience with similar assignments in other communities. We welcome further collaboration and discussion to refine this approach to best meet City needs.

TASK 1 – INVENTORY AND ASSESSMENT OF THE CITY’S CULTURAL ASSETS AND OPPORTUNITIES P

ROJECT INITIATION MEETING
To initiate the public art master planning process and set the stage for a successful project, RRM will conduct an initial virtual meeting with City staff and potentially, identified staff or members at the Lancaster Museum and Public Art Foundation, to identify and review the public art master plan context, mission, goals, community outreach strategy, proposed scope of services, schedule, and expected deliverables. The conversation regarding expected deliverables could include discussing an outline for the final plan document.

DELIVERABLES:
• Prepare the agenda and facilitate one (I) kickoff meeting.

INVENTORY AND ASSESSMENT OF THE CITY'S CULTURAL ASSETS
Inventory and assessment of the City's cultural assets will function as an existing conditions inventory. The budget for this task assumes relying primarily on the City's existing documentation with some augmentation and organization. We have assumed 38 hours dedicated to this task. Depending on the current documentation of the existing public art collection, this task envisions consolidating all existing inventories into one document to lay the foundation for the ongoing inventory efforts. Inventory information may include the following:
• Name of artwork and artist
• Location of the artwork
• Materials used in the artwork
• Year the artwork was donated to the City
• A brief description of the artwork, preferably written by the artist as to the intent or meaning • A photograph of the artwork
• Maintenance needs
• Assessment of condition of art
Inventory and assessment of the City's cultural opportunities will be informed by the above inventory and opportunities will also be further developed and fleshed out through the community outreach and the development of the Public Arts Master Plan and included as a section in the document.

DELIVERABLES:
• An inventory and assessment of the City's existing public art collection, in Excel or other mutually agreed upon format. • A section within the PAMP document identifying cultural opportunities.

Scope of Services
Exhibit "A"
City of Lancaster | SCOPE OF WORK FOR PUBLIC ARTS MASTER PLAN 2 TASK 2 – COMPREHENSIVE COMMUNITY OUTREACH PROGRAM
RRM proposes the following community engagement tasks, but is happy to work with City staff and the identified stakeholders at the Lancaster Museum and Public Art Foundation to develop, refine, and customize an effective outreach process. The intent is to build collaborative interest and consensus in the public art master plan while confirming current issues, desires, and goals for the Public Arts Master Plan. We believe an effective community outreach program creates confidence in the planning process, promotes broad-based understanding and consensus, and reflects the community's interests and needs. We also believe every project and every community deserves a customized approach to maximize success. As a cost-savings measure, RRM recommends the City provide Spanish translation and interpretation services. Our team can provide this as an additional scope item if desired.

While COVID-19 does not pose the same prevalent health risk as it once did, it did provide valuable lessons, particularly in being flexible when it comes to public outreach. RRM has experience with several strategies and approaches for COVID, to keep community engagement safe. Should there be a resurgence of COVID, or other health pandemics arise, we can help you navigate changes to social gathering and pivot to online platforms to engage the community, by providing online meetings, videos to update and present concepts, online surveys, and a robust website presence.

PROJECT BRANDING
RRM will collaborate with City staff to develop a logo to be used on flyers, social media posts, press releases, maps, exhibits and questionnaires. In addition, we will develop a flyer template that communicates project purpose and process to support the public outreach efforts.

DELIVERABLES:
•
One (I) logo and flyer template and one (I) round of revisions based on a consolidated redline set of City comments.

PROJECT WEBPAGE
RRM will provide materials that the City can use to post on a project webpage on the City's website. The project webpage would serve as the home base for all public information about the Public Arts Master Plan including: a summary of the project, noticing for all public forums and pop-up events, links to online surveys and social media, as well as project status and next steps.

DELIVERABLES:
• Materials for a Lancaster Public Arts Master Plan webpage.

BUS TOUR
In order to familiarize ourselves with the physical, social, and environmental makeup of the City of Lancaster, RRM staff, key members of City staff and the Lancaster Museum and Art Foundation will conduct a tour of public art in Lancaster.

We will visit key neighborhoods, districts, public gathering spaces, venues, and other relevant places within the City that either have public art, is viewed as an opportunity area, or plays a vital role to community. City staff will be responsible for transportation as well as providing an itinerary and outline of places and spaces to visit in order to most effectively navigate the City. This task is currently envisioned as an in-person event, however, this could also be conducted virtually as Google Earth or Google Streetview presentation. Cost savings could be associated with a virtual tour.

DELIVERABLES:
• Participate in bus tour.
• Provide materials, such as questions, to spark dialogue and conversation that will inform the Public Arts Master Plan. 3 STAKEHOLDER MEETINGS
RRM will facilitate 8-10 stakeholder meetings to take place over a two-day period. The meetings can be with individuals or small groups of people (3-5 participants) and are typically scheduled for 3O-45 minutes each. Stakeholders will consist of a list of individuals and groups, which are recommended by City staff. This may include City staff, City Council members, grassroots arts organizations within the City, youth leaders, education leaders, business leaders such as the Chamber of Commerce, local artists and art-minded residents. Stakeholder interviews are a good opportunity to include minority and underrepresented voices, this could also include groups representing low and moderate-income residents.

DELIVERABLES:
• Prepare for and attend 8-10 stakeholder meetings. These will be conducted virtually over a period of two days, unless there are opportunities to conduct these in person before or after the bus tour. City staff will be responsible for scheduling and inviting s
takeholders, and logistics.

ONLINE QUESTIONNAIRE
With great questionnaires come great results! RRM has access to a variety of platforms to create personalized questionnaires that will be completely tailored to Lancaster. Online questionnaires tend to offer great opportunities for engagement
- for example they can be completed at a time convenient to the respondent and the responses are consistent across a large number of respondents due to the set nature of the questionnaire. Questionnaires can be set up on City- provided tablets at community forums, they can be posted to the City's website, sent out via e-mail, or updated to social media sites. Once data is gathered, we are able to share results through easy-to-read reports.

DELIVERABLES:
• Provide online questionnaire anticipated to be approximately I0-I5 questions in length with Spanish translation and reporting of questionnaire results.

PUBLIC WORKSHOPS
RRM will conduct two public meetings where participants will roll up their sleeves and engage in an interactive brainstorming session to discuss the overall vision and goals for the Lancaster Public Arts Master Plan. We will discuss art as it exists today in Lancaster, locations and future opportunity sites for future public art, and a menu of ideas, themes, stories, and types of art the community would like to see in their community. RRM will prepare materials to facilitate interactive discussions and record feedback. The City will advertise the meeting, reserve the meeting space and handle logistics. These meetings will occur “back-to-back”, meaning on two consecutive days, or on the same day, and will consist of the same content in two different areas of Lancaster.

DELIVERABLES:
• Prepare materials for and facilitate up to two public workshops. Summarize input from both public workshops.

TASK 3 – SPECIFIC OUTREACH TO LOW AND MODERATE-INCOME RESIDENTS We have had success in reaching out to low and moderate-income residents through non-traditional public outreach efforts.

We will work with the City to ensure that our targeted outreach to this segment of Lancaster's citizens meets the City's needs, however, below are ideas and suggestions that RRM and this project team have successfully used in the past:
• Library outreach:
o We have created project boards that have been displayed at public libraries. The project boards can include a
s
ticker exercise - such as placing a sticker dot at locations where the respondent would like to see art in the City of Lancaster | SCOPE OF WORK FOR PUBLIC ARTS MASTER PLAN 4 future - or have provided information and made a questionnaire available that could be placed inside a receptacle.
• Questionnaires distributed at free meal programs
o Questionnaires can be distributed along with the free meal. Free meal recipients can be encouraged to complete the questionnaire before they leave (if the meal is to be eaten at the location of distribution) or incentivized to return the questionnaire if it is a bagged meal taken off the premise. Incentives have included a voucher for a cup of coffee or candy.
o Alternately, if meals are to be eaten on the premise, a quick presentation can be given about the project with an invitation to have people stop by the booth and give feedback through a sticker exercise. • Questionnaires sent home via schools
o Questionnaires have also been sent home with school aged children for parents to complete and return. The return of the questionnaire could be incentivized through extra recess time, candy or other enticement.

H
owever, this method, in our experience, results in a lower return rate of questionnaires and requires a higher level of coordination which can be time consuming. • Bus shelter outreach
o Working with the transit district, Antelope Valley Transit Authority, information about the project can be mounted in transit shelters or in buses. The information can contain a website URL as well as a QR code that takes people to the project website.

For the proposed project budget we have included, we have assumed two of the above referenced outreach efforts, in particular library outreach and bus shelter outreach. We are happy to work with the City to develop other concepts.

DELIVERABLES:
• Materials in support of outreach.

TASK 4 – DEVELOPING THE PUBLIC ARTS MASTER PLAN
A

DMINISTRATIVE DRAFT PUBLIC ARTS MASTER PLAN
RRM will build upon the information provided to date and will produce a graphically rich, easy-to-use Plan to carry out the community's vision. This initial draft - the Administrative Draft - of the Public Arts Master Plan is intended for internal review. RRM will work with the City to develop an outline for the chapters and content for the Master Plan.

B
elow is an example outline. This is intended as an example to demonstrate how some of tasks identified in the RFP could fit together into chapters. We look forward to confirmation or further refinements in collaboration with City staff.

1. Introduction
o Public Art – definition and purpose
o Public Art in the City Past and Present (Components of RFP Task 1) o Planning Process
o Community Engagement to develop the plan (RFP Tasks 2 & 3)

2. P
lanning for Public Art in Lancaster
o Vision, Values, and Community Goals (RFP Task 4)
o Site Identification for future art installations (permanent and temporary) (RFP Tasks 8 & 11)  Criteria
5 3. Programming
o Administration of the Art Program (RFP Tasks 6 & 7)
o Art Collection Management and Inventory (Components of RFP Task 1) o Growing the Collection (RFP Task 9)
o Maintenance Protocol (RFP Task 13)
o Community Engagement (RFP Task 10)

4. Phasing and Implementation
o Public Art Project Prioritizing (RFP Task 5)
 Identifying short term, mid-term and long-term projects o Funding Protocols and Best Practices (RFP Task 12)
Irrespective of the final structure of the plan, the plan will include the tasks identified in the original RFP:
• Establish a Vision, Values, and Goals for the Public Arts Master Plan o As mentioned above in the community engagement tasks, RRM will gather information pertaining to the vision, v
alues, and goals for the Public Arts Master Plan at each of the public engagement events. Using this information, R
RM will work with the City to craft a vision statement, values, and goals for the plan. Depending on the agreed- upon structure of the Public Arts Master Plan, this content could be its own chapter or a section within a chapter of the PAMP document. This section will include a vision statement, defined values and goals for the Public Arts Master Plan.
• Identify Clear Goals and Actions Strategies
o The plan will Identify clear goals and action strategies that include both short-term and long-term priorities, e
stimated budget and costs, and clear implementation dates. This section will include clear goals and action strategies for the Public Arts Master Plan.
• Recommend Public Art Guidelines, Policies and Processes o The final plan will include guidelines regarding the administration of the public art program in the City of Lancaster, as well as identify policies and processes for developing an inventory for existing public art, for building the City's public art collection, for deaccessioning art, and for maintaining the public art that is in the City's collection. This section will include recommended Public Art Guidelines, Policies, and Processes for the Public Arts Master Plan.
• Recommend Policies/Programs Related to Implementation of the Mission, Vision and Goals for the Public Arts Master Plan o We see the content of this task overlapping with other scope efforts and likely will be developed in tandem. This section will include policies and programs for the implementation of the Mission, Vision and Goals for the Public Arts Master Plan.
• Provide Site Identification Criteria/ Recommendations for Placement of Art o Criteria for the placement of art, will include considerations such as, which departments need to be consulted ,
wh
ether the site is appropriate for permanent or temporary art, the context of the site, the intended audience of the art piece and/or the message of the art piece, among other things, as well as, criteria for placing public art in private developments if this is a procedure the city desires.
• Develop Guidelines for Inclusion of Public Art in Public Improvement Projects o With public improvement projects, a variety of public art opportunities are available. This section of the Public Arts Master Plan will identify opportunities, recommended policies and protocols, and types of art that may be appropriate for public improvement projects. This section will include Guidelines for inclusion of public art in public improvement projects.
• Strategies for Ongoing Community Engagement and Outreach o Ongoing community engagement and outreach is important to keep the enthusiasm for art in a community alive and t o
u
pdate arts priorities and strategies over time. The Public Arts Master Plan will include recommended strategies for City of Lancaster | SCOPE OF WORK FOR PUBLIC ARTS MASTER PLAN 6 ongoing community engagement and outreach. This section will include an initial menu of ongoing community engagement and outreach strategies in Lancaster.
• Identify Sites for Future Temporary and Permanent Public Art Projects o The identification of sites for future public art, whether temporary or permanent, will be included in the public engagement. We have found residents and community members often have a strong interest in having public art in particular places. Based on this input from the community, the project team will then apply the criteria developed under Task 8 and determine whether these locations are suitable for art and/or whether they could support temporary or permanent art projects. The section will include a list of sites for temporary and permanent art placement within Lancaster.
• Identify Potential Funding Models for Public Art
o The Public Arts Master Plan document will have a section devoted to funding protocols and best practices. This section will identify public private partnerships, percent for art programs, grant funding sources as well as other funding strategies and opportunities. This section will include identify potential funding strategies for public art in Lancaster.
• Establish Standards for Maintenance, Upkeep and Replacement o The Public Arts Master Plan will identify procedures for developing maintenance protocols for the City's existing and future public art. The master plan will also identify procedures for developing a system for identifying maintenance responsibilities and needs of future public art pieces, as well as funding sources. This section will also identify the types of maintenance public art pieces could require, as well as the maintenance standards and processes
.

RRM Design Group proposes to develop the PAMP document in a series of iterative phases: Administrative Draft, Screencheck Draft, and Public Review Draft resulting in the Final Plan document.

DELIVERABLES:
• One (I) digital copy of the Administrative Draft PAMP. • We ask that City staff provide one (I) consolidated marked-up version of all comments.

SCREENCHECK DRAFT PUBLIC ARTS MASTER PLAN
Building off input from the review of the Administrative Draft Public Arts Master Plan, RRM's team will develop a Screencheck Draft Public Arts Master Plan. The Screencheck Draft will be reviewed by the City to ensure all edits were incorporated from the Administrative Draft, however, this review is not intended to provide substantial new edits.

DELIVERABLES:
• One (I) digital copy of the Screencheck Draft PAMP.
• We ask that City staff provide one (I) consolidated marked-up version of all comments.

TASK 5 – PLAN ADOPTION & ONGOING PROJECT MANAGEMENT

PLAN ADOPTION
Public Review Draft Public Arts Master Plan
RRM will develop a Public Review Draft Public Arts Master Plan. At this point, the City's comments will have been integrated, and this draft will provide an additional internal review opportunity prior to its release to the public. This version of the Master Plan is intended for public review and comment as well as decision maker action. 7 D
ELIVERABLES:
• One (I) digital copy of the Refined Draft PAMP.
• W
e ask that City staff provide one (I) consolidated marked-up version of all comments.

City Council Meeting
The RRM team will prepare for and attend one (1) public hearing/meeting (anticipated to be one hearing with the City Council) to help City staff present Public Arts Master Plan.

DELIVERABLES:
• Prepare for and attend one (I) public hearing. Assist City staff in presenting the Master Plan at hearings including preparation of PowerPoint presentation materials.

Final Edits to Public Arts Master Plan
Following action taken by the City Council, final edits and modifications will be made to the approved Public Arts Master Plan document, incorporating recommendations and actions as identified by staff. It is assumed that one (1) set of minor revisions may be made, incorporating City Council action.

DELIVERABLES:
• lncorporate revisions to Final Public Arts Master Plan reflecting final approval by City Council. One (I) digital copy of final Public
Arts Master Plan.

ONGOING PROJECT MANAGEMENT AND COORDINATION
Throughout the life of the project, RRM will need to coordinate with City staff, and as applicable key players at Lancaster Museum and Public Art Foundations, as well as interest groups. This task is intended to allow for necessary coordination between the project team members and City staff, including teleconferences, meetings, correspondence, record -keeping, electronic file management, and additional necessary coordination.

DELIVERABLES:
• Ongoing project coordination and management, as described above. This assumes an average of three (3) hours per month for up to twelve (I2) months.

City of Lancaster | PAYMENT CLAUSE
BU
DGET
Task Description
Task Total
Lump Sum
Task 1 – Inventory and Assessment of the City’s Cultural Assets and Opportunities
$12,295
Task 2 - Comprehensive Community Outreach Program $52,045 Task 3 – Specific Outreach to Low and Moderate-Income Residents $9,090 Task 4 – Developing The Public Arts Master Plan
• Establish a Vision, Values, and Goals for the Public Arts Master Plan • Identify Clear Goals and Actions Strategies
• Recommend Public Art Guidelines, Policies and Processes • Recommend Policies/Programs Related to Implementation of the Mission, Vision and Goals for the Public Arts Master Plan
• Provide Site Identification Criteria/ Recommendations for Placement of Art • Develop Guidelines for Inclusion of Public Art in Public Improvement Projects • Strategies for Ongoing Community Engagement and Outreach • Identify Sites for Future Temporary and Permanent Public Art Projects • Identify Potential Funding Models for Public Art
• Establish Standards for Maintenance, Upkeep and Replacement $52,350
Task 5 – Plan Adoption & Ongoing Project Management $23,100 Reimbursable Expenses $3,000
Grand Total of Proposal (Firm Fixed Fee) $151,880
Payment Clause
Exhibit "B"
Contingency (15%) - $22,782
Total = $174,662
Task 1 – Inventory and Assessment of the City's Cultural Assets and Opportunities Project Initiation Meeting
Inventory And Assessment of the City's Cultural Assets
Inventory and Assessment of the City's Cultural Opportunities Task 2 – Comprehensive Community Outreach Program
Project Branding
Project Webpage
Bus Tour
Stakeholder Meetings
Online Questionnaire
Public Workshops
Task 3 – Specific Outreach to Low and Moderate-Income Residents Outreach to Low and Moderate-Income Residents
Task 4 – Developing the Public Arts Master Plan
Administrative Draft
Screencheck Draft
Task 5 – Plan Adoption and Ongoing Project Management
Pulbic Review Draft
Plan Adoption
Final Draft
Ongoing Project Management and Coordination
Meeting
Duration
9 10 11 12
Lancaster Public Arts Master Plan

PROJECT SCHEDULE
February 14, 2024 MONTHS
1 2 3 4 5 6 7 8
Payment Clause
Exhibit "B"
Proposed Project Schedule Exhibit "C"

Lancaster City CouncilFebruary 27, 2024

Lancaster City Council
February 27, 2024