Agenda packet — Lancaster City Council, March 12, 2024 (part 2 of 2)

Policy No: 7018435449
Endorsement No: 2
VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2023 Insured Name: FTI CONSULTING, INC.

1. ADDITIONAL INSUREDS
a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement:
(1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to:
(a) the bodily injury or property damage; or
(b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage.
b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
(1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below.

Any coverage granted by this endorsement shall apply only to the extent permissible by law.

A. Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization’s liability for bodily injury, property damage or personal and advertising injury arising out of:

1. such person or organization’s financial control of a Named Insured; or

2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

B. Co-owner of Insured Premises
A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner’s liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises.

C. Grantor of Franchise
Any person or organization that has granted a franchise to a Named Insured , but only with respect to such person or organization’s liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured.

D. Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured’s maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease.

DocuSign Envelope ID: CBDF894C-5FC0-4AAD-B5A2-25EE1A72BAFA

CNA PARAMOUNT
General Liability Extension Endorsement
CNA74879XX (1-15)

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Policy No: 7018435449
Endorsement No: 2
VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2023 Insured Name: FTI CONSULTING, INC.

E. Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury , takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

F. Lessor of Premises
An owner or lessor of premises leased to the Named Insured, or such owner or lessor’s real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

G. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver’s liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured’s ownership, maintenance, or use of a premises by a Named Insured.

The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

H. State or Governmental Agency or Subdivision or Political Subdivisions – Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such state or governmental agency or subdivision or political subdivision’s liability for bodily injury, property damage or personal and advertising injury arising out of:

1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies:
a. the existence, maintenance, repai r, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or

2. the permitted or authorized operations performed by a Named Insured or on a Named Insured’s behalf.

The coverage granted by this paragraph does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard.

With respect to this provision’s requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. 30020004970184354498394

DocuSign Envelope ID: CBDF894C-5FC0-4AAD-B5A2-25EE1A72BAFA

CNA PARAMOUNT
General Liability Extension Endorsement
CNA74879XX (1-15)

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Policy No: 7018435449
Endorsement No: 2
VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2023 Insured Name: FTI CONSULTING, INC.

I. Trade Show Event Lessor

1. With respect to a Named Insured’s participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization’s liability for bodily injury, property damage or personal and advertising injury caused by:
a. the Named Insured’s acts or omissions; or
b. the acts or omissions of those acting on the Named Insured’s behalf, in the performance of the Named Insured’s ongoing operations at the trade show event premises during the trade show event.

2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard.

J. Vendor
Any person or organization but only with respect to such person or organization’s liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business, provided that:

1. The coverage granted by this paragraph does not apply to:
a. bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement;
b. any express warranty unauthorized by the Named Insured; c. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
e. any failure to make any inspections, adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
f. demonstration, installation, servicing or repair operations, except such operations performed at the such person or organization’s premises in connection with the sale of a product; g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or h. bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(1) the exceptions contained in Subparagraphs d. or f. above; or (2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.

2. This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products.

DocuSign Envelope ID: CBDF894C-5FC0-4AAD-B5A2-25EE1A72BAFA

CNA PARAMOUNT
General Liability Extension Endorsement
CNA74879XX (1-15)

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Policy No: 7018435449
Endorsement No: 2
VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2023 Insured Name: FTI CONSULTING, INC.

3. This Paragraph J. also does not apply:
a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. if bodily injury or property damage included within the products-completed operations hazard is excluded by endorsement to this Coverage Part.

K. Other Person Or Organization
Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured’s acts or omissions.

The coverage granted by this paragraph does not apply to any person or organization:

1. for bodily injury, property damage, or personal and advertising injury arising out of the rendering or failure to render any professional service;

2. for bodily injury or property damage included within the products-completed operations hazard; nor

3. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part.

2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED’S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph:

B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this endorsement, the following sentence is added to the paragraph above:

Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization.

3. BODILY INJURY – EXPANDED DEFINITION
Under DEFINITIONS the definition of bodily injury is deleted and replaced by the following:

Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease.

4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE
Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following:

A. BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurer’s authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice.

B. NOTICE OF OCCURRENCE
30020004970184354498395

DocuSign Envelope ID: CBDF894C-5FC0-4AAD-B5A2-25EE1A72BAFA

CNA PARAMOUNT
General Liability Extension Endorsement
CNA74879XX (1-15)

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Policy No: 7018435449
Endorsement No: 2
VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2023 Insured Name: FTI CONSULTING, INC.

The Named Insured’s rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured’s reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim.

5. BROAD NAMED INSURED
WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following:

3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control:
a. on the effective date of this Coverage Part; or
b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured , provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance.

But this BROAD NAMED INSURED provision does not apply to:
(a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part.

For the purpose of this provision, management control means:

A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust.

4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to:
a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor
b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases.

5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ.

6. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES
The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse . No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses’ acts, errors or omissions in the conduct of the Named Insured’s business.

DocuSign Envelope ID: CBDF894C-5FC0-4AAD-B5A2-25EE1A72BAFA

CNA PARAMOUNT
General Liability Extension Endorsement
CNA74879XX (1-15)

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Policy No: 7018435449
Endorsement No: 2
VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2023 Insured Name: FTI CONSULTING, INC.

7. EXPECTED OR INTENDED INJURY – EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following:

This insurance does not apply to:

Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.

8. IN REM ACTIONS
A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured.

9. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE
Solely with respect to bodily injury that arises out of a health care incident:

A. Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following:
b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured’s primary business purpose, and only if:
(1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and
B. Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to:
i. add the following to the Employers Liability exclusion:

This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits).
ii. delete the exclusion entitled Contractual Liability and replace it with the following:

This insurance does not apply to:

Contractual Liability
the Insured’s actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees.
iii. add the following additional exclusions.

This insurance does not apply to:

Discrimination
any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual’s race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation.
30020004970184354498396

DocuSign Envelope ID: CBDF894C-5FC0-4AAD-B5A2-25EE1A72BAFA

CNA PARAMOUNT
General Liability Extension Endorsement
CNA74879XX (1-15)

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Policy No: 7018435449
Endorsement No: 2
VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2023 Insured Name: FTI CONSULTING, INC.

Dishonesty or Crime
Any actual or alleged dishonest, criminal or malicious act, error or omission.

Medicare/Medicaid Fraud
any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program.

Services Excluded by Endorsement
Any health care incident for which coverage is excluded by endorsement.

C. DEFINITIONS is amended to:
i. add the following definitions:

Health care incident means an act, error or omission by the Named Insured’s employees or volunteer workers in the rendering of:
a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received.

Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required:
a. Physician;
b. Nurse;
c. Nurse practitioner;
d. Emergency medical technician;
e. Paramedic;
f. Dentist;
g. Physical therapist;
h. Psychologist;
i. Speech therapist;
j. Other allied health professional; or
Professional health care services does not include any services rendered in connection with human clinical trials or product testing.
ii. delete the definition of occurrence and replace it with the following:

Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence;
iii. amend the definition of Insured to:
a. add the following:
• the Named Insured’s employees are Insureds with respect to:

DocuSign Envelope ID: CBDF894C-5FC0-4AAD-B5A2-25EE1A72BAFA

CNA PARAMOUNT
General Liability Extension Endorsement
CNA74879XX (1-15)

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Policy No: 7018435449
Endorsement No: 2
VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2023 Insured Name: FTI CONSULTING, INC.

(1) bodily injury to a co-employee while in the course of the co-employee’s employment by the Named Insured or while performing duties related to the conduct of the Named Insured’s business; and
(2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured’s business;
when such bodily injury arises out of a health care incident. • the Named Insured’s volunteer workers are Insureds with respect to:
(1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured’s business; and
(2) bodily injury to an employee while in the course of the employee’s employment by the Named Insured or while performing duties related to the conduct of the Named Insured’s business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. c. add the following:

Insured does not include any physician while acting in his or her capacity as such.

D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following:

Other Insurance
b. Excess Insurance
(1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage.

10. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following:

No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that:
a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company.

11. LEGAL LIABILITY – DAMAGE TO PREMISES
A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability , the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following:

Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the 30020004970184354498397

DocuSign Envelope ID: CBDF894C-5FC0-4AAD-B5A2-25EE1A72BAFA

CNA PARAMOUNT
General Liability Extension Endorsement
CNA74879XX (1-15)

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Policy No: 7018435449
Endorsement No: 2
VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2023 Insured Name: FTI CONSULTING, INC.

owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days.

A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE.

B. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following:

Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days.

A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section.

C. LIMITS OF INSURANCE is amended to delete Paragraph 6. (the Damage To Premises Rented To You Limit) and replace it with the following:

6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under COVERAGE A for damages because of property damage to:
a. any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner; and
b. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive days.

The Damage To Premises Rented To You Limit is $200,000. unless a higher Damage to Premises Rented to You Limit is shown in the Declarations.

D. The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(ii), and replace it with the following:
(ii) That is property insurance for premises rented to a Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured’s care, custody or control;
E. This Provision 11. does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part.

12. MEDICAL PAYMENTS
A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following:

7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C - Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of:
(1) $15,000 unless a different amount is shown here: ; or (2) the amount shown in the Declarations for Medical Expense Limit.

B. Under COVERAGES, Coverage C – Medical Payments, the Insuring Agreement is amended to replace Paragraph 1.a.(3)(b) with the following:
(b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and

13. NON-OWNED AIRCRAFT
Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows:

DocuSign Envelope ID: CBDF894C-5FC0-4AAD-B5A2-25EE1A72BAFA

CNA PARAMOUNT
General Liability Extension Endorsement
CNA74879XX (1-15)

Page 11 of 13 ends

Policy No: 7018435449
Endorsement No: 2
VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2023 Insured Name: FTI CONSULTING, INC.

The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following:

This exclusion does not apply to an aircraft not owned by any Named Insured, provided that:

1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot;

2. the aircraft is rented with a trained, paid crew to the Named Insured; and

3. the aircraft is not being used to carry persons or property for a charge.

14. NON-OWNED WATERCRAFT
Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability , the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion e ntitled Aircraft, Auto or Watercraft, and replace it with the following.

This exclusion does not apply to:
(2) a watercraft that is not owned by any Named Insured, provided the watercraft is:
(a) less than 75 feet long; and
(b) not being used to carry persons or property for a charge.

15. PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort:
• Discrimination or humiliation that results in injury to the feelings or reputation of a natural person.

B. Under COVERAGES, Coverage B – Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to:

1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following:

This insurance does not apply to:

Knowing Violation of Rights of Another
Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of:
(a) the Named Insured; or
(b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured.

2. add the following exclusions:

This insurance does not apply to:

Employment Related Discrimination
discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured.

Premises Related Discrimination
discrimination or humiliation arising out of the sale, rental, lease or sub- lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured. 30020004970184354498398

DocuSign Envelope ID: CBDF894C-5FC0-4AAD-B5A2-25EE1A72BAFA

CNA PARAMOUNT
General Liability Extension Endorsement
CNA74879XX (1-15)

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Policy No: 7018435449
Endorsement No: 2
VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2023 Insured Name: FTI CONSULTING, INC.

Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination.

The coverage provided by this PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from • Provision 1. ADDITIONAL INSUREDS of this endorsement; or • attachment of an additional insured endorsement to this Coverage Part.

16. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B –Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following:

This insurance does not apply to:

Contractual Liability
Personal and advertising injury for which the Insured has assumed liability in a contract or agreement.

This exclusion does not apply to liability for damages:
(1) that the Insured would have in the absence of the contract or agreement; or (2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract. Solely for the purpose of liability assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of personal and advertising injury provided:
(a) liability to such party for, or for the cost of, that party's defense has also been assumed in such insured contract; and
(b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged.

B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety, and replace it with the following:

Insured contract means that part of a written contract or written agreement pertaining to the Named Insured’s business under which the Named Insured assumes the tort liability of another party to pay for personal or advertising injury arising out of the offense of false arrest, detention or imprisonment. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.

C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS – COVERAGES A AND B:

1. Paragraph 2.d. is replaced by the following:
d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee;

2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following:

So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer’s request will be paid as defense costs. Notwithstanding the provisions of Paragraph e.(2) of the Contractual Liability exclusion (as amended by this Endorsement), such payments will DocuSign Envelope ID: CBDF894C-5FC0-4AAD-B5A2-25EE1A72BAFA

CNA PARAMOUNT
General Liability Extension Endorsement
CNA74879XX (1-15)

Page 13 of 13 ends

Policy No: 7018435449
Endorsement No: 2
VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2023 Insured Name: FTI CONSULTING, INC.

not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance.

D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B –Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part.

17. PROPERTY DAMAGE – ELEVATORS
A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators.

B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE – ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph:

This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators.

18. SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended as follows:

A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit.

19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured’s Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.

20. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the Transfer Of Rights Of Recovery Against Others To Us Condition is amended to add the following:

The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of:

1. the Named Insured’s ongoing operations; or

2. your work included in the products-completed operations hazard.

However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement:

1. is in effect or becomes effective during the term of this Coverage Part; and

2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim.

All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
30020004970184354498399

DocuSign Envelope ID: CBDF894C-5FC0-4AAD-B5A2-25EE1A72BAFA

CNA PARAMOUNT
Additional Insured - Your Work Endorsement
7018435449
17 05/01/2023
CNA75076XX (1-15)

Page 1 ends

VALLEY FORGE INSURANCE
Policy No:

Endorsement No:

Effective Date: COMPANY
Insured Name: FTI CONSULTING, INC.

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed that:

I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement:
(1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to:
(a) the bodily injury or property damage; or
(b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage.

II. The insurance provided to such additional insured is limited as follows:
a. The Insurer will not provide such additional insured:
(1) coverage any broader than the narrowest coverage:
(a) required by such contact or agreement; or
(b) afforded to the Named Insured under this Coverage Part; or (c) described in paragraph b. below; or
(2) a higher limit of insurance than the lesser of the amount:
(a) required by such contract or agreement; or
(b) afforded to the Named Insured under this Coverage Part Any coverage granted by this endorsement shall apply solely to the extent permissible by law. b. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured’s acts or omissions. The coverage granted by this paragraph does not apply to any person or organization:
(1) for bodily injury, property damage, or personal and advertising injury arising out of the rendering or failure to render any professional service;
(2) who is specifically scheduled as an additional insured on another endorsement to this Coverage Part; nor (3) for bodily injury or property damage included within the products-completed operations hazard except to the extent all of the following apply:
a. this Coverage Part provides such coverage;
b. the written contract or agreement described in the opening paragraph of this endorsement requires the Named Insured to provide the additional insured such coverage; and c. the bodily injury or property damage results from your work that is the subject of the written contract or agreement, and such work has not been excluded by endorsement to this Coverage Part.

III. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED’S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph:
30020004970184354498414

DocuSign Envelope ID: CBDF894C-5FC0-4AAD-B5A2-25EE1A72BAFA

CNA PARAMOUNT
Additional Insured - Your Work Endorsement
7018435449
17 05/01/2023
CNA75076XX (1-15)

Page 2 ends

VALLEY FORGE INSURANCE
Policy No:

Endorsement No:

Effective Date: COMPANY
Insured Name: FTI CONSULTING, INC.

If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. For the purpose of this Provision, the additional insured's own insurance means insurance on which the additional insured is a named insured.

All other terms and conditions of the Policy remain unchanged.

DocuSign Envelope ID: CBDF894C-5FC0-4AAD-B5A2-25EE1A72BAFA

Business Auto Policy
Policy Endorsement

EXTENDED COVERAGE ENDORSEMENT - BA PLUS

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
I. LIABILTY COVERAGE
A. Who Is An Insured
The following is added to SECTION II, Paragraph A.1., Who Is An Insured:

1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability policy providing auto coverage.

2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest.

The insurance afforded by this provision A.2.:
a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to:
(1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or
(2) Any such organization that is an insured under any other liability policy providing auto coverage.

3. Any person or organization that you are obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy.

4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business.

Policy, as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but:

1. Which are no longer in force; or

2. Whose limits have been exhausted.

B. Bail Bonds and Loss of Earnings
SECTION II, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows:

1. In a.(2), the limit for the cost of bail bonds is increased from $2,000 to $5,000, and

2. In a.(4), the limit for the loss of earnings is increased from $250 to $500 a day.

C. Fellow Employee
SECTION II, Paragraph B.5 does not apply.

Form No: SCA 23 500 D (10-2011)
Endorsement Effective Date:

Endorsement No: 28; Page: 1 of 5
Endorsement Expiration Date:

Policy No: BUA 7018435452
Policy Effective Date: 05/01/2023
Policy Page: 80 of 86
Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606

DocuSign Envelope ID: CBDF894C-5FC0-4AAD-B5A2-25EE1A72BAFA

Workers' Compensation and Employers' Liability Policy
Named Insured
FTI CONSULTING, INC.
555 12TH ST NW STE 700
WASHINGTON DC 20004
Endorsement Number
Policy Number
Symbol: RWC Number: (24)7174-68-39
Policy Period
05-01-2023 TO 05-01-2024
Effective Date of Endorsement
05-01-2023
Issued By (Name of Insurance Company)

ACE AMERICAN INSURANCE COMPANY
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.

This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.

Schedule

ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR

RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS.

For the states of CA, UT, TX, refer to state specific endorsements.

This endorsement is not applicable in KY, NH, and NJ.

The endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications. According to Section 287.150(6) of the Missouri statutes, a contractual provision purporting to waive subrogation rights against public policy and void where one party to the contract is an employer in the construction group of code classifications.

For Kansas, use of this endorsement is limited by the Kansas Fairness in Private Construction Contract Act(K.S.A.. 16-1801 through 16-1807 and any amendments thereto) and the Kansas Fairness in Public Construction Contract Act(K.S.A 16-1901 through 16-1908 and any amendments thereto). According to the Acts a provision in a contract for private or public construction purporting to waive subrogation rights for losses or claims covered or paid by liability or workers compensation insurance shall be against public policy and shall be void and unenforceable except that, subject to the Acts, a contract may require waiver of subrogation for losses or claims paid by a consolidated or wrap-up insurance program.

Authorized Agent

DocuSign Envelope ID: CBDF894C-5FC0-4AAD-B5A2-25EE1A72BAFA

To: Purchasing Division
From: Cindy Valdivia – Analyst – City Manager’s Office
CC: Alexus Merino – Manager, Assistant to the City Manager

Date: January 17, 2023
Subject: Sole Source Justification – FTI Consulting

Memo: As part of the City’s objective, FTI Consulting will create a comprehensive, proactive engagement strategy to achieve several key project updates, announcements, media, and speaking opportunities for the Communications Division support on key priority projects in the City. FTI Consulting has already established a working relationship with City staff for the past two years creating key resources and insight on the City’s events, obstacles, and past marketing efforts.

FTI Consulting is the only consultant with previous experience on specific City of Lancaster priority projects, as well as being specialized consultants in the marketing field. With their extensive knowledge, and current resources, getting another consultant would contradict any cost savings, therefore the City has no cost benefit to obtain additional quotes from other consultants for this project. Your approval is requested to find FTI Consulting as a sole source vendor.

Please contact Cindy Valdivia at ext. 6181 if you have any questions.

DocuSign Envelope ID: CBDF894C-5FC0-4AAD-B5A2-25EE1A72BAFA

Date: August 8, 2023

STAFF REPORT
City of Lancaster

CC
{{item.num
ber}}
8/8/2023
JC

To: Mayor Parris and City Council Members
From: Alexus Merino, Assistant Director
Subject: Professional Services Agreement - FTI Consulting, Inc.

Recommendation:

It is recommended that the City Council approve a Professional Services Agreement with FTI Consulting Inc. (“FTI”) in an amount not to exceed $156,000, and authorize the City Manager, or his designee, to sign all documents.

Fiscal Impact:

Sufficient funds of $156,000 ($130,000 plus a 20 percent contingency of $26,000) are available in account numbers 10115000.5710 ($50,000) and 50110000.5710 ($106,000).

Background:

Since June 2021, FTI Consulting, and the City of Lancaster have collaborated to elevate the city as a leading partner and adopter of clean energy solutions, notably hydrogen. Since Lancaster announced the goal to be the “First Hydrogen City” in the U.S. and launched the Smart Sister Cities partnership with Namie, Japan, FTI has supported the City’s communication and design across hydrogen, clean energy, and digital & insights workstreams. With its growing, global reputation as a leading clean energy City coupled with its successful amplification of projects and partnerships, the City of Lancaster is now seeking additional strategic communications and design support to accomplish its goals and objectives.

The City Manager’s Office is requesting to enter into a Professional Services Agreement and determine FTI as a Sole Source vendor for an overall Communications and Design Support Plan with Hydrogen as the main focus to support the plan. The tactics in this plan are designed to position Lancaster as a City in which government and businesses are working together to develop a thriving hydrogen economy.

DocuSign Envelope ID: CBDF894C-5FC0-4AAD-B5A2-25EE1A72BAFA

FTI has a proven track record of helping clients manage complex business challenges and delivering results by leveraging an integrated campaign approach to communications. FTI has a deep knowledge of the City through ongoing strategic communications work, extensive media relationships, and multidisciplinary skillsets across corporate reputation, financial communications, public affairs, and crisis management to support evolving needs.

Attachment:

Professional Services Agreement
Sole Source Memo
DocuSign Envelope ID: CBDF894C-5FC0-4AAD-B5A2-25EE1A72BAFA To: Pu
rchasing Division
From: Cindy Valdivia – Analyst – City Manager’s Office
CC: Alexus Merino – Manager, Assistant to the City Manager Date: January 17, 2023
Subject: Sole Source Justification – FTI Consulting
Memo: As part of the City’s objective, FTI Consulting will create a comprehensive, proactive engagement strategy to achieve several key project updates, announcements, media, and speaking opportunities for the Communications Division support on key priority projects in the City. FTI Consulting has already established a working relationship with City staff for the past two years creating key resources and insight on the City’s events, obstacles, and past marketing efforts.

Please contact Cindy Valdivia at ext. 6181 if you have any questions.

STAFF REPORT
City of Lancaster
CC 12
03/12/24
JC
Date:March 12, 2024
To: Mayor Parris and City Council Members
From:Chief Rod Armalin – Public Safety, Code Enforcement Patti Garibay, Assistant Director – Planning & Permitting

Subject:Approve Amendment No. 1 to Professional Services Agreement with JAS Pacific Recommendations:

1. Approve Amendment No. 1 to Professional Services Agreement with JAS Pacific to increase the yearly amount of the contract to $400,000 with an option for a 5% contingency for additional years to include Inspection Service needs for Public Safety.

2. Approve extension of agreement to expire October 26, 2026.

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

Fiscal Impact:
$400,000 annually (plus 5% contingency): increase to the contract of $100,000 annually with general funds in 10132000.5710, with remaining $300,000 annually funded from 10123000.5710.

Background:

The City has been utilizing JAS Pacific in the Building and Safety Housing division since October 2021 for inspection and plan check services. JAS Pacific now also provides inspection services to Public Safety’s Code Enforcement division. Because of their expertise in these areas, as well as their familiarity with several key projects currently underway in the Community Development and Public Safety Departments, staff proposes to approve this amendment for these services.

NJ/hb
Attachment:

JAS Pacific Professional Services Agreement Amendment No.1_02.2024 Rev 1/2019
AGREEMENT NO. 1 FOR PROFESSIONAL SERVICES
This Amendment (“Amendment No. 1”) is hereby entered into effective March 12, 2024 by and between the City of Lancaster, a Municipal Corporation, in the State of California, and JAS Pacific, a California corporation (“CONSULTANT”) with respect to the Agreement for Services between the parties dated October 26, 2021 (“Agreement”).

The Parties agree as follows:

1. Section 5(A) “Obligations of the City” in the Agreement is amended to the following: The City shall pay the consultant an amount not to exceed $400K per year with the option of a 5% contingency for future years, for all work necessary to complete the Services, as described in the Scope of Services and Rates Schedule. Payments shall be due within thirty (30) days following submittal of an invoice detailing the services performed, at the hourly rates set forth in Exhibit A of the Original Agreement dated October 26, 2021.

2. Section 10 “Term; Effective Date” is amended to now continue in full force and effect for an additional two (2) years from the date of expiration in the Original Agreement (October 26, 2024).

3. All other terms and provisions of the Agreement and subsequent amendments are hereby reaffirmed.

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 JAS PACIFIC
______________________ _______________________________
Jason Caudle, City Manager Christine Champany, Vice President ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
CONTRACT SUBMISSION APPROVAL:

Department Head
DocuSign Envelope lD 8D8468E9-0E76-448GsBCA-6FDEC6938239 RII ENI' P Sl) IC S
THIS ACREE.MENT FOR PROFESSIONAI. SERVICES is made and entered into this 26th day of October, 2021, by and between the CITY OF LANCASTER, a municipal corporation and charter city, ("City"), and JAS Pacific, a Califomia corporation ("Consultant") (collectively, sometimes relerred to hereinafter as the "Panies").

Rlr('l'l n l.S
WIIHREAS, the City desires to engage Consultant to perform certain technical and professional services, as provided herein, identified as:

Building and Safety: PIan Review and lnspection Services WHEREAS, the principal members of Consultant are qualified and duly registered/licensed under the laws ofthe State of Califomia, and Consultant desires to accept such engagement;
NOW, l'tlEREFORE, the parties agree as follows:

I . Parties to the Agrceme nt.

The parties to this Agreement are:

A. CITY: City of Lancaster
B. CONSULTANT: JAS Pacific

2. Notices. Allwrincn notices rcquired byorrelated to this Agreement shall besent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below.

Neither party to this Agreement shall ref'use to accept such mail: parties to this Agreement shall promptly inform the other party ofany changes ofaddress. All notices required by this Agreement are effbctive on the day ofreceipt, unless otherwise indicated herein.

CIl'Y City of Lancaster
Attn: Director of Development Services
44933 North F'ern Avenue
Lancaster. Califomia 93534
CONSULTANT JAS Pacific
Attn: Christine Champany
PO Box 2002
Upland, CA 91786

3. Successors and Assigns. l'he terms hcreofshall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however. that no party DocuSign Envelope lD: 8D8468E9-0E76-448GgBCA-6FDEC6938239 hereto shall assign any ofthe benefits and burdens hereunder, whether voluntarily or by operation of law, without prior written consent of the other party, and any such assignments without said consent shall be void.

4. Description of Work. 'fhc City hercby engagcs Consultant, and Consultant accepts such engagement. to perform the technical and professional services set fbnh in the "Scope of Services and Rates Schedule," attached here(o as Flxhibit "A" and incorporated herein by reference. Consultant shall pcrform and complete, in a manner satisfactory to the City, all work and services set forth in Flxhibit "A." The City Manager or his designee shall have the right to review and inspect the work during the course of its pertbrmance at such times as may be specified by thc City Manager. or his designce.

A. 1'hc City shall pay Consultant an amount not to excccd $300,000 lor all work necessary to complcte the Services, as described in the Scope ofServices and Rates Schedule.

Payments shall be due within thirty (30) days following submittal of an invoice detailing the services performed. at the hourly rates set lorth in lrxhibit A.

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

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

C. Consultant shall not subcontract any of the work required to perform the Services without the express prior written approval ofthe City.

7. Hold Harmless and Indemnification. Clonsultant agrecs to indemnily 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 attomey'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 olficers and employees, using counsel of the City's choosing, lrom and against any and all claims covered by the indemnity in the preceding sentence.

8. Amendments. Any amendment, modification, or variation lrom the terms of this Agreement shall be in writing and shall be eflective only upon mutual wrilten approval by the City and Consultant.

5. Oblieations of thc (litl.

6. Oblisations of the Consultant.

A. Consultant shall perform as required by this Agreement and in accordancc with the Scope ofServices and Rates Schedule set forth in Exhibit A.

DocuSign Envelope lDr 8D8468E9-0E76-,1486-9BCA-6FDEC6938239

9. Non-Discrimination and Equal Emplovment Opportunity.

A. In the perlormance ol this Agreement, Consultanl shall not discriminate against any employee, subcontractor, or applicant for employment because ofrace, color, religion, ancestry. sex, national origin, physical ormental disability or age. Consultantwill 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. Affirmativc 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 ofsubsection A above shall be included in all solicitations or advertisements placed by or on behalfofConsultant for personnel to perform any services under this Agreement.'Ihe City shall have access to all documents, data and records oflConsultant and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrim inalion provisions of this Section.

10. @;[.[!g!!ye_Dg!9. This Agreement shall become effective and shall be in full force and effect upon the execution olthe Agreement by the City and the Consultant. This Agreemenl shall continuc in full lorce and cffect lor an lnitial Term ofthree (3) years, unless the Agreement is sooner terminated in accordance with this Agreemenu provided, however, that the City and the Consultant may mutually agree in writing to extend lhe Term of this Agreement. ln addition to the lnitial Term, this Agreement shall include two (2) extensions ofone (l) year each, beginning on the third and lourth anniversary ofthe date ofexecution, unless Cily or Consultant notifies the other Parly in writing at least thirty (30) days in advance ofsaid anniversary ofthe date of execution.

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

B. For Cause. If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, Consultant shall correct such failure within ten ( l0) days (or such longer period that the City may authorize in writing) after receipt olnotice from the City specifying such failure. Should the failure not be corrected within this time period, the City may immediately terminate the Agreement by written notice to Consultant.

C. In the event of termination, whether for convenience or cause, reports, plans, studies and other documents (collectively, "documents") related to the Services shall I I . Termination.
become the City's property. Consultant shall provide all documents to thc City that have not yet been within ten ( I 0) calendar days after termination of the Agreement.

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

13. lnsurance.

A. The Consultant, at its expense, shall maintain in elfect at all times during the term of this Agreement the following coverage and limits of insurance. which shall be maintained with insurers listed "A-, Vlll" or better in the Best's Key Rating Guide:

Commercial General Liability
Each Occurrence $ 1,000,000
Per Project General Aggregate $2,000,000
Including Products/Completed Operationsi Contractual Liability/lndependent Contractorsi Property Damage
(L'overage shall be at least as broad as lSOform CG20l0 I 1/85 or CG20l0 07/L)l and CG2037 07/01 combined, or on equivalenl providing ongting ond completed operalions)
Commercial Automobile Liability
Combined Single l-imit per Accident for
Bodily Injury and Property Damage
(('overage shall he at leost as hroud as IS0.form CA00 0l) s r.000.000
Statutory l.imits
f,mployers' Liability
Each Accident $ 1,000,000
Bodily Injury by Disease $1,000,000
Each Employee $ 1,000,000
(A Waiver ofSubrogation must be provided on behalf of the Certificate ltolder for lhe lY'orkers Compensation & Employer.s' Liability policies) Professional Liability
[:ach Occurrence
Oeneral Aggregate
s I .000.000
$ 1.000.000
B. Thc Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought. except with respect to the limits ofthe insured's liability.

C. Professional liability and/or cyber insurance written on a "claims made" basis must be renewed for a period of thrce (3) years after this contract expires or is term inated.

DocuSrgn Envelope lD: 8D8468E9-0E76-4486-9BCA-6FDEC6938239 Workers Compensation
As Requircd by thc State ol-Calilbrnia
DocuSign Envelope lD 8D8468E9-0E76-448SgBCA-6FDEC6938239 Such insurance must have lhe same coverage and limits as thc 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 ofany acts or omissions ofConsultant or its o{Ticers, 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, eithcr the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects thc City insured entities or the insurer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

E. All insurance shall be primary and non-contributory as respects the City insured entities. Any insurance or self-insurance maintained by the City insured entities shall be in excess ofthe Consultant's insurance and shall not contribute with it.

F. Consultant shall fumish the City with Certificates of Insurance and with original endorsements effecting coverage required by this Agreement. Certificates of Insurance shall meet the following requirements:
( l) 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) I.ist in the "Descriptions of Operations/Locations/Vehicles" section:
"Building & Safety: PIan Review and Inspection Services" The City of l,ancaster, 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) l.ist in the "Certificate Holder" section:

The City of Lancaster, 44933 Fern Avenue, Lancaster, Califomia 93514.

14. Commence ment and Comoletion of Work. Thc Services to be providcd by Consultant pursuant to this Agreement shall commence within 7 days after execution of this Agrecment; provided however. that the Parties may agree to extend the time for completion upon mutual written agreemenl. Upon receipt of plans lrom lhe City, Consultant shall complete plan review and provide any applicable comments consistent with the Lancaster Municipal Code and all other applicable building codes within fou(een ( I 4) calendar days.

15. Ownership of Documents. All plans, specifications. rcports, studies, maps and other documents prepared or obtained by Consultant in the course of performing the work and are required by this Agreement to be delivered to the City shall be the property of the City. Basic sketchcs, 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.

DocuSrgn Envelope lD 8D8468E9-0E76-448G9BCA-6FOEC6938239

16. Data Providcd 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 llxhibit A.

Consultant warants and rcprcsents to City as lbllows:

A. Consultant has not employed or retained any person or entity, other than a bona fidc 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 fce, commission, percentage, gifl, or any other consideration contingent upon or resulting lrom the execution ofthis Agreemcnt. Upon any breach or violation ofthis warranty, City shall have the right, in its sole discretion. to terminate this Agreement without fu(her liability, or, in the altemative, to deduct from any sums payable hereunder lhe lull amount or value ofany such fee, commission, percentage or gift.

C. Consultant has no knowledge that any ofTicer or employee ofthe City has any intercst, whether contractual, noncontraclual, financial. proprietary, or otherwise, in this transaction or in the business of the Consultant, and that if any such interest comes to the knowledgc 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 "conflicl of interest" under applicable laws.

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

A. Disputes regarding the interpretation or application ofany provisions ofthis Agreement shall, to the extent reasonably leasible, be resolved through good faith ncgotiations between the parties.

B. lf thc parties cannot resolve the dispute through good t'aith ncgotiations, either pa(y may give Noticc of Dispute to thc other party. 'l'he Notice of Dispute shall state the nature olthe dispute and the corrective action necessary to remcdy the disputc.

A fter Notice ol'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 l-ancaster. Califbrnia. Each part). shall pay its own attornc\s' lccs and thc costs of mediation shall be split equally bctrleen the partics.

I 7. Consultant's Warranties and Reoresentations.

I8. Rcsolution of Disputes.

DocuSrgn Envelope lD: 8D8468E9-0E76-448c98CA-6FDEC6938239 lfthe dispute has not been resolved by mediation within 45 days after Notice ofl)ispute, or the parlies are unable to agree to a mediator, within l5 days after Notice of Dispute, then, the dispute may, upon agreement oflhe parties be resolved by binding arbitration.

C. lf 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 atlomey's fees, cost and necessary disbursements, in addition to such other reliefas may be sought and awarded-
te. E4i8.

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

Exhibit "A" Scope ofServices and Rates Schedule

20. Governing Law.

This Agreement shall be govemed by the laws of the State of California. 2l . Effective Date.

This Agreement shall become effeclive as ofthe date set forth below on which the last ofthe parlies, whether City or Consultant, executes said Agreement. [Signatures begin on next page.l
OocuSign Envelope lD: 8D8468E9-0E76-448GgACA-6FDEC6938239 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.

CITY OF LANCN STER
I,ANCAS'IER. CALITTORN IA
By:l ur* tutt, G
Jason Caudle, City Manager
Novemblr l. 2021 I ll:30:00 AN4 PDl'
Dated:

CONSUI,'fANT

JAS PN CIIIIC
By: ,tr";:" -| \!.y 2
Christine Champany, Vice President
Octoblr 29. 2021 I 2:59: l8 PM PI)'l
Dated:

A'I"I'F]S'I:
l,X)*a,--*, a{. G G
City Clerk
APPROVED AS TO FORM:

I t)u4"r'.btL :-^-^":.-^.-.

City Attorney
DocuSign Envelope lD: 8D8468E9-0E76-448GgBCA-6FDEC6938239

PROJECT WORK PLAN
JAS Pacific has provided municipal support services for 24 years in California and has a solid foundation allowinE for efficient contract implementation and service delivery. Our strong presence in the region offers the strength, stability, experience, and technical competence that are desired of a contractor of plan review and inspection s€rvices. We understand local governmental agencies which has enabled us to develop methodologies aod business practices allowing for the delivery of said services seamlessly and efficiently.

Plan Review Services
JAS Pacific will provide the City with plan review services both off-site and on. off-site services will be provided in a timely manner and will be sea mless, as ou r tea m members are accessible to prom ptly respon d to all inquiries. Upon contract award,.lAS Pacific will analyze the City's need5 and propose the appropriate se.vice level striking a balance between desired services and cost efficiency. The appropriate registered €ngineer will review of each set of plans and their review will not only identify buildinB code issues wrthin the plans, but will also address the "brB picture" and offer helpful suggestions to reach life-safety and code compliance standards.

Off-Site Services
.lAS Pacific proposes to provide the City with plan review se.vices through our in-house plan review team located at our headquarters and other satellite offices. Off-site services wall be cond ucted via courier, on a daily -basis if needed.

This approach is detailed in the "Plan Review flow Chart" below.

On-Site Services
ln an effort to meet the specific needs of the City, IAS Pacific is also capable of providing on-site plan review services when staff is available. We believe this is the most comprehensive and efficient approach to providing building plan review services to the public and City staff. JAS Pacific has qualified and experien(ed staff that can provide technical assistance to architects and engineers, over-the-counter review of minor plan reviews, meet with necessary applicants to answer qu€stions, discuss and explain plan review corrections and meet any demands requested by the applicants or as directed by the City. The delivery approach of on-site building plan review services mirrors that of off site services, however, the turnaround times are greatly reduced. This approach is detailed in the "Plan Review Flow Chart" below.

Electron ic Plan Review
IAS Pacific can provide the City with an lnternet-based system in support of plan review services for the purposes of electronic plan submission (E-Submittal). This
document workflow solution will allow applicants and
City personnel to initiate and complete the plan review process online (includin8 the submission of electronic
comments), rather than using a manual, paper-based
process which requires printing and shippinB. Said
services will improve the plan review cy€le, reduce costs {i,e. paper use, printing and storage costs, drive time, and gasolne consumptron), and support JAS Pacific'5 Busine5s Friendly Policy of providing services in a streamlined and seamless fa5hion and as efficiently as possible. .JAS Pacific staff has worked with various pro8rams includinB, but not limited to, Project Dox, Blue Beam, E-Plan Soft. This approach is detailed in the "Plan Review Flow Chart'' below. 17 I ,A5 PACTFTC
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DocuSign Envelope lD 8D8468E9-0E76-448GgBCA-6FDEC6938239 Transportation of Plans
At no cost to the City, ,AS Pacific will be responsible tor the transportation of plans from the City to jAS Pacrfic's officeviaourofficestafforcourierservice..lASPacificwilloffersamedaypickupwhenourofficeiscontactedprior to11:00a.m. lf the day we are contacted is proceeded by a day in which the City is closed, a courier service shall be provided at IAS Pacific's expense
Online Tracking
JAS Pacific utilizes a cloud based system in order to provide up to the minute trackinE of plans being reviewed.

Within this website, the City will be able to see when JAS received the plans, who the plan review engineer is, status, if there has been communication with the applicants and have access to corrections lists. -
t.@ .*.*
',.. (- ocf
Staff Availability
JAS Pacific will be available to all City stalf and applicants to ensure an efficient plan review processed is achieved andto maintain communication. Meetings-AttherequestoftheCity,lASPacificwill bepresentforall necessary meetings, including but not limited to, prior to permit submittal, during the review process and after permit issuance.

Phone Calls/Emails - IAS Pacifjc is always available via phone or email to discuss projects and technical data.

Review Times
JAS Pacilic proposes the following service delivery timeframes and guarantees the proposed timeframes in the performance of the requested services to the City . All other plan review duties and follow ups not specifically mentioned in the table below shall be performed in a timely and responsive manner by staff.

OP-

RESIDENTIAL
New Construction
Addition / Remodel
10 Working Days 7 Working Days

NONRESIDENTIAL
New Construction
Tenant lmprovement 10 Working Days '17 Working Days
18 | .lAS PAC|FTC
o
Tvpe of Job 1'r Review Additional Reviews
DocuSign Envelope lD: 8D8468E9-0E76448G98CA-6FDEC6938239 lnspection Services
JAS Pacific will provide the City with experienced and trained staff to provide inspection services through the contracting of Building lnspectors. All inspectors shall be fully qualified and certified to perform inspections for the discipline in which they are assigned including residential, commercial, industrial, and mixed-use project inspections for compliance to approved plans and related documents. All IAS Pacific assigned Building lnspectors shall be equipped with th€ necessary tools and equipment when performing building inspection services on behalf of the City. Our approach to providing qualified staff is detailed in "lnspection Procedures Flow Chart" and "Staff Au8mentation Flow Chart."
Permit Technician Services
JAS Pacific can provide Community Development Technician services through the contracting of certified Permit Technicians. All permit technicians meet all qualifications, education, and certification/licensing requirements including as needed to perform all req u ired duties. AlllAS Pacific assigned permit technicians shall beequippedwith the necessary too ls a nd eq u ipment when performing building inspection serviceson behalf of the City. All assigned Permit Technicians shall work as an extension of City staff. Our approach to providing qualified staff is detailed in "Staft Augmentation Flow Chart."
Supplemental Services
CASp
JAs Pacific can provide CASp certified inspections and plan revaew with stafl knowledgeable the requirement5 of the State Senate Bill. Our staff not only can perform these duties but are available to City staff for further clarification on various issues lhat arise wrth the bill's implementatron.

Professional Development Training
JAS Pacific is committed to the continuous education of all staff through both in-house and external training. Mr.

Fady Mattar and Mr. Stuart Tom are ICC certified inst.uctors and have provided traininB to various clients on the building and other codes and regulations. Mr. Mattar's area of instructron rnclLrdes plumbin8, Inechanical, green building, energy and residential fire-spnnkler systems topics. Mr Stuart'5 area of instructron includes the Californra Building and Residential codes, emergency response, fire and other related topics.

Code Adoption
At the request of the City, JAS Pa.rflc can pertorm research of the Crty's Munrcipal Code and provide dratt documents for review by the City Attorney and other responsible departments for the adoption of the codes, along with any desired City amendments to these codes, Once these documents are approved, IAS Pacific can help schedule the required hearings before the City Council, testify before the City Council, and answer questions regarding proposed amendments. JAS Pacific personnel has extensive experience in area of code adoption and can assist the City in future local adoptions.

Code Enforcement
JAS Pacific can provlde code enforcement services by proactively identifying conditions that threaten the health and welfare of the citizens of the City and to developing long-term strategies that resolve contemporary community problems, and promote community pride and stability. ln order to enhance and sustain the highest quality of life standard, we will provide exceptionalcustomer service and rapid and effective responses. 19 | JAs PACTFTC
DocuSign Envelope lD: 8D8468E9-0E76-448&9BCA-6FDEC6938239 JA5 Pacific prides itself on the delivery of services through an excellent customer service strategy that stans with JAS Pa(ifi('s key persorrrrel as the\/ are each accessible to City staff at therr convenience and thi5 same strategy rs utilized by our assigned staff. We strive to be proactive before issues arise and resolve issues quickly.

CUSTOMER SERVICE
IAS Pacific prides itself in the technical capabilities of its staff members and we take a multi faceted approach to ensuring the quality of work provided to our clients. Quality control is addressed at three different levels including staff work performance, administrative oversight, and customer satisfaction. To ensure satisfactory staff work perfolmance and work product quality, staff is encouraged to consult with other staff members on various code related or Cityal topics, seek advice on unique or complex projects, look for specific areas of expertise, and/or learn the new €ode requirements.

Administrative oversight is also provided which involves our principal staff maintaining a close working knowiedge of the product that our staff provides in order to make sure that their work is of the highest quality through periodic work sampling. Additionally, periodic meetings are held to review their proBress and the clrent's needs. Our administrative staff is also highly trained on up-to-date industry methods in their respective area of expertise.

Lastly, quality control is addressed through ensuring customer satisfaction. Any issues or complaints are handled immediately upon receipt. The process leading up to resolution is monitored to ensure a satisfactory outcome and processes are followed to prevent a reoccurrence.

Communication
]AS PACIF IC
I
f
Communication
. Project Manager
. Assigned Staff
. Management
Service
Transition
. Kick Off Meeting
. Staff Approval
. Services Commence
I
. Staff Work Performance
. Administrative Oversight
. Customer Satisfaction
Quality Control
Quality Control
.lAS Pacific believes that effective communication at all levels is a key component to our partnership with the City.

Our staff is trained and understands that establishing and maintaining professional working relationships with the City is essential to our success. Staff will attend all meetings as necessary and respond to inquiries by the City, applicants, or other stakeholders promptly and within a 24 hour period. Our general approach to ensuring this includes:

DocuSign Envelope lD 8O8468E9-0E76-448GgBCA-6FDEC6938239 / Projecl Manager - Oversees Municipal plan review services being provided to the City, maintains close liaison with City staff as well as our assigned staff ensuring overall satisfaction as well as understanding of outstanding assignments. Manages the assignment of all projects to ensure a balanced and manageable workload-
/ Assigned Staff - All assigned staff possess the necessary interpersonal skills required to ensure successful and productive working relationships. All staff maintain open and on-going communication with City staff. applicants, officials, and other stakeholders collaborating to ensure customer satisfaction. Staff report out to the Project Manager regularly to ensure all expectations and deadlines are met. '/ Management - Available to provide the City with all the necessary support to meet staffing, reporting, and accounting needs.

Service Delivery Transition
JAS Pacifi€ is €ommitted to a smooth transition for the City, staff and the clients we serve. Below our approach to the transition is mapped out and can be rnodified to best meet the City's needs. We find the most important step in the transition is the Kick Off Meeting. lt is here that all expectations are recognized and questions are clarified. f g.n , rh Ory lrta b ttftrL r.rrL.
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Servlces
Commence
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21 | JAS PACTFTC
DocuSign Envelope lD: 8D8468ES0E76-4486-9BCA-6FDEC693B23S " California Residential Code
r' California Building Code
r' California Green Code
' California Mechanical Code
r' California Plumbing Code
JAS Pacific is prepared to provide the City with seamless quality Plan Review and Buildiry lnspection services including inspection, CASp, Permit Technician and Development Training, Our service procedures are thorough meeting all expectations including great customer service and efficient response times, without compromising quality. As part of JAS Pdcific's over archrng Soal to attain customer satrsfactron, a tailored service delrvery system rs developed, service models are effective and efficient, and procedures adapted to meet the Crty's requrrements. We are confident that we can accommodate the Crty's financial needs as weiL as provrde the desired level of customer service. Additionally, because of our available resources, we have the ability to supplemental staffing and additional types of services to address increased workloads and customer needs.

PROJECT UNDERSTANDING
Personnel
G
Expertise
Staffing Resources
Superior Level of Service
Consistent Code Application
Flexibility to Meet Various l-evels of Demand
Contract Costs Erp€nses are Consltent with Revenues
I
? CaliforniaElectricalCode
r' California Energy Compliance
r' California Code oI ReSulations: Title 19
r' California Government Code
/ Calilornia Health & Safety code
Acting on behalf of the City, JAS Pacific will provide superior levels of customer service, consistent code application, and develop seamless working relationships with City staff. Contracting with JAS Pacific will provide the City with a cost-effective alternative to a fully internally staffed department and allow the City to focus on other critical municipal matters. .lAS Pacifir will perform applicable functions asan extension ofCitystaffand will followall City procedures and directives. JAS Pacific u nderstands the importance of excellent cu stomer se.vice not only to the City but to the clients we serve. We strive to meet and exceed all client expectations and we will create a cooperative work environment with the city and the clients we serve. Staffwill not only identify building code issues within the plans, but also will address the big picture and offer helpful suggestions to reach life-salety and code compliance standards. .JAS Pacific will support the City in attaininB its goal of providing timely, efficient, and effective services.

Our understanding and approach to the proposed services is detailed below. Further detail about process and procedure can be found in the "Plan Review P,ocedures Flow Chart", "lnspection Procedures Flow Charf'and "Staff Augmentation Flow Chart."
22 I rA5 PAC|FT(
JAS Pacific will ensure that all structures are equal to or exceed the applicable City, state, and Federal regulations.

IAS PaciFic Lrnderstands the City's needs and we have the resources to provide timely deployment With limited City resources, contracting with IAS Pacific will afford the City more flexibility in the allocation of such resources. Assigned personnel will provide plan review and supplemental services consulting services ensuring compliance with the Crty's most recent adopted Buildrng Standards, Energy tfficiency Standards, and local ordinances, including the following:

DocuSign Envelope lD: 8D8468E9-0E76-4486-9BCA-6FDEC6938239 Plan Review Duties & Responsibilities
Building lnspector Duties & Responsibilities
Permit Technician Duties & Responsibilities
r' Plan review s shall be performed for structural, architectural, plumbing, electrical, mechanical, accessibility, energy and green building compliance. Plan review for buildings and structures submitted to the City will be review ed according to the latest edition of the California Building Codes (building codes), City of Lancaster amendments, other applicabl€ codes, as weil as the project conditions of approval. 7' Review and approve building/structural revisions to plans as required during construction, ', All €hanges/corrections must be clearly and accurately identified, documented, and addressed prior to approval.
v Plan .eview services must also have a process in pla(e that ensures consistent and efficient communication between City staff, including the plan review staff, and the applicant to avoid delays. r' Approved plans must be stamped and signed as approved once they meet all requirements. .. Services shall also include provisions to review the plans electronically. The plans will be available within the Accela permitting software. Adobe"Pro will be required in order to review, mark, and approve the plans. / Ability to review construction plans and specifications; perform field inspections of building construction, plumbinB, mechanical and electrical installations in residential, commercial. and industrial buildings to ensure compliance with local, state and federal building codes and r€gulations. r' Coordinate the inspection of commercial and residential construction, alteration, and demolition in accordance with all applicable building codes, project conditions of approval, etc., fvlonday through Friday, r' Provide technical information, including interpretation of building plans and specifications and interpretation of code requirements relative to building construction to contractors, property owners, and the public at the public counter and on the telephone; advise contractors, architects and the public; coordinate construction progress with other City departments or division and external agencies r' Ability to provide counter services, including but not limited to, minor plan review s (i.e. solar installations, tenant improvements, small room additions, and HVAC systems) and building permit issuance and consultation Monday through Friday during assigned counter hours. r' Availability of 24-hour emergency off-hours services. r' ln the event of a catastrophe, provide inspections to assist the City with building safety assessments and provide emerEency plan review and inspection services.
'/ Ability to enforce a variety of applicable local and state building codes and ordinances pertaining to zoning, land use, nuisances, housing, health and safety, and other matters of public concern. r' Ability to serve as a resource and provide info.mation on city regulations to property owners, residents, businesses, the general public, and other city departments, as well as outside agencies (i.e. the Los Angeles County Fire Protection District).
./ Ability to issue, track, and final building, electrical, plumbing, mechanical, and other types of required permits.
v Knowledge of modern office procedures and equipment, including computers and supporting word processing and spreadsheet applications,
r' Calculate fees and issue buildin8, plumbing, mechanical, electrical, sewer, demolition, as well as permits combining the aforementioned.
r' Use permitting and plan review software to issue and route plans. / Assist the public on the phone and in person regarding questions or processing permits and questions on local, state and federal regulations, planning and engineering codes, ordinances, documents, standards and guidelines,
23 | JAS PACTFTC
DocuSign Envelope lD: 8DE468E9-0E76-,{4E6-9BCA-6FDEC6938239

FEE STRUCTURE

APPENDIX A
Mileage: S0.54 (or IRS Rate)
Overtime: 1.5 of listed Rate
Minimum: 4 Hour
Building lnspector I
Building lnspector ll
Building lnspector lll
S75.00/hour
585.00/hour
S9s.00/hour
Permit Technician I
Permit Technician ll
Permit-Iechnician lll
S55.oo/hour
S65.00/hour
S75.oo/hour
Mileage: S0.54 (or IRS Rate)
Overtimer 1.5 of listed Rate
Minimum: 4 Hour
Plan Review Engineer I
Plan Review Engineer ll
Plan Review Engineer lll
S125.00/hour
S135.oo/hour
S145.00/hour
Expedited plan review is available
at 1.5 of the listed rate
C€rtifi cd Building lnspector
Pcrmlt Technician
Plan Rariewer
29 I rAS PACTFTC
Personnel Hourly Rate Addiitonal Fees
Personnel Hourly Rate Addiitonal Fees
Personnel Hourly Rate Addiitonal Fees

STAFF REPORT
City of Lancaster
CC7
t0l26lz02t
JC
Date October 26,2021
Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director Development Services
Chenin Dow, Senior Manager Rcal Estate & Economic Development Subject: Professional Services Agrecment with JAS Pacific for Building & Safety Plan Review and Inspection Scrvices
Recommendations:
l. Approve a Professional Services Agreement with JAS Pacific for Building & Salety plan review and inspect ion services.

2. Authorize the City Manager or his designee to finalize and exccute all related documents.

Fiscal Impact:

S300,000.00 estimated expenditure per fiscal year; sulficient funds are available in FY 2021- 2022 for Professional Services in Operating Budget Account No. l0l-4793-301. Costs will be offset by plan check lees collected.

Background:

Since 201 8, the City has utilizcd the services ofconsulting firm JAS Pacific to perlorm services related to Building & Safety plan review and inspection. JAS serves as a force multiplier, allowing City staff to conduct and oversce a significantly greater volume of plan reviews in a much shorter period of time than could be done with limited City stallalone. Inspection services are an extension ofour field staff, allowing lor a greater number of inspections to be conducted on a daily basis.

As the real estate market continues to strengthen and local development continues its rapid growth, so too does the need to contracl for these essential services. City staflhas been pleased with the services provided by JAS Pacific to date. As the initial contract term has drawn to a close, staff proposes a new contract with an initial three-year term, as well as two optional one- year extensions for a total ofup to five years. Services will be billed on an as-needed basis in accordance with the proposed rate schedule as individual building plans are submitted for review.

To:

Annual costs arc not cxpcctcd to excccd $300,000.00. Thcsc costs have bcen prcviously budgctcd in Opcrating Budgct Account No. I 0l -4793-301 .

CD/sk
Attachment:

Profcssional Scrviccs Agrccmcnt
Docusign Envelope lD: 8D8468E+0E76-448GgBC4-6F0EC6938239 I

TRAVELERSJ

WORKERS COMPENSATION
AND

EMPLOYERS LIABIUTY FOLICY
ENDORSEMENT WCg(BE(A).

POLICY NUMBER: UB-8K37343A

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT . CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for injury covered by this policy. We will not enforce our right againsl the person or organization named h the Schedule.

The additional premium for this endorsement shall be 2.6 o/o ofthe Calitornia workers' compensation pre- mium.

Schedule
Person c Organizaton

ANY PERSON OR ORGANIZATTON FOR
WHICH THE INSIJRED TiAS AGREED

BY WRITTEN CONTRACT E)GCUTED

PRIOR ID LOSS TO FT'RNISH THIS
WAIVER.

Job Description

ENGINEERS
This endorsement changes the policy to which it b attached and b effective m the date issued unless otherwise stated.
(Ihe informatix bdoriv b rcquired only wtrr this endo.sdnent b issued subsequent b F€paratixl of 0E pot€y.)
Endorsement Effective Policy No. Endorsement No.
lnsured Premium
lnsurance Company
DATE OF ISST E: 08-01-21 ST ASSIGN:

Countersigned by

Page 1 of 1 ends

Docusrgn Envelope lD 8D8468E
oc5?o'
9-0E76-448G98CA-6FOEC6938239
CERTIFICATE OF LIABILITY INSURANCE o8t10t2021

THIS CERTIFICATE IS ISSUED AS A ITIATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS

CERTIFICATE OOES NOT AFFIRMATIVELY OR NEGATIVELY AMENO, EXTEND ORALTER 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, IMPORTANTT ll the certiticate holder is an ADDITIONAL INSIJRED, the policy(io3) mu3t havo ADDITIONAL INSURED p.ovisions or bo endorsed lI SUBROGATION lS WAIVEO, 3ubject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on thio certificate do€s not confer rights lo the certificate holder in lieu of such endoEement(3)- Cornerstone Specralty lnsurance Servlces, lnc
14252 Culver Drrue A299
lNrne cA 92604
nna Cowre
(714)131 77OO .714)731-7750
lrna@cornerstonespeclalty com

INSURER(S) AFFOROING COVERAGE
tNsuRERA Travelers lndemnrty Co of Conn 25682

JASON AODISON SMITH CONSULTING SERVICES, INC ,
DBA: JAS PACIFIC
PO Box 2002
Upland CA 91786
tNsuRER6 Travebrs Property Casualty Co 25674
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COVERAGES CERTTFTCATENUMBER. 21l22COVERAGES REVISION NUMBER

CERTIFICATE H LDER CANCELLATION

THIS IS TO CERTIFY THAT TIIE POLICIES OF INSURANCE LISTEO BELOW HAVE SEEN ISSUEO TO THE INSURED NAMEDAEOVE FOR THE POLICY PERIOO INOICATED NOTWTHSTANDING ANY REQUIREMENI TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCTJMENT WTH RESPECT TO VltiICH THIS CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEO HEREIN IS SUAJECT TO ALL THE TERMS.

EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCEO BY PAID CLAIMS

COM MERCIAL GEN ERAL LIABILIIY
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Cily of Lancaster its elected ofiicials, ofiicers, employees and volunleers are Add[onal lnsured for General Lrability but only rnsofar as lhe ope€tons under lh6 contracl are @ncerned and as per attadled endorsemenl Cove.age rs suqect to all pohcy lerms and condilons '30 days notrce ol c€ocellation excepl lor 1 0 days notce lor noo.payment of premrum For Professonal Lrabllty coverage the aggregale lim is the iolal insurance avarlable forallcovered claims reported withrn lhe policl period SHOULOAiIY OF THE ABOVE OESCRIBED POLICIES BE CANCELLEO BEFORE

THE EXPIRATION OATE THEREOF, NOTICE WILL BE DELIVEREO III

ACCOROANCE WTH THE POLICY PROVISIONS,
cA 93534
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08toat2a21 aat08t2022107296206

STAFF REPORT
City of Lancaster
PH 1
3/12/2024
JC
Date: March 12, 2024
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Nicholas Godin, Assistant Director – PW City Engineering Subject: Vacation of the Public Road Easement Located on 35th Street West and North of Avenue M-4, as Shown on Tract Map No. 45007, Filed in Book 1110, Pages 17 through 26 of Official Records
Recommendation:

Adopt Resolution No. , ordering the approval to vacate the public Road Easement as dedicated on Tract Map No. 45007, filed in Book 1110, pages 17 through 26 of Official Records, and located on 35 th Street West, north of Avenue M-4, in the City of Lancaster, County of Los Angeles, State of California.

Fiscal Impact:

None.

Background:

Said public Road Easement was dedicated to the City on July 7, 1988. The vacation of the Road Easement is recommended to prevent illegal passage and trespassing in the abutting neighborhood and private property fences. The road easement is no longer needed and has been determined to serve no foreseeable use.

City sent notifications on January 25, 2024, to all utility agencies that wish to reserve easements for any existing or planned utilities within the proposed area to be vacated. To date, the City has not received confirmation from any of the agencies intending to reserve utility easement.

On February 27, 2024, the City adopted Resolution No. XX-XX, declaring its intention to vacate the subject road easement, and set March 12, 2024, as the date of the public hearing to receive testimony relative to the proposed vacation.

The public hearing will be held for the City Council to determine if there are any public objections to the City vacating a portion of the said road easement. 1 5
5 0
SC:EW/km
Attachments:

Resolution No.

Exhibit A: Legal Description
Exhibit B: Plat Map
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LANCASTER, CALIFORNIA, ORDERING THE APPROVAL

TO VACATE THE PUBLIC ROAD EASEMENT AS
DEDICATED ON TRACT MAP NO. 45007, FILED IN BOOK
1110, PAGES 17 THROUGH 26 OF OFFICIAL RECORDS, AND
LOCATED ON 35TH STREET WEST, NORTH OF AVENUE M-
4, IN THE CITY OF LANCASTER, COUNTY OF LOS

ANGELES, STATE OF CALIFORNIA
WHEREAS, the City of Lancaster is holder of road easement rights dedicated on Tract Map No. 45007, filed in Book 1110, pages 17 through 26 of Official Records and recorded on July 7, 1988, in the office of the recorder of the County of Los Angeles, State of California; and WHEREAS, the existing road easement is no longer needed; and WHEREAS, the City does not have planned developments within the area to be vacated.

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

Section 1. The Resolution of Intention, Resolution No. XX-XX, in the matter of vacation of the above-described easement in the City of Lancaster, was adopted by the City Council of the City of Lancaster on February 27, 2024, at which said Resolution has established the time and place for the public hearing on said vacation of easements.

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

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

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

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

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

Section 7. The City Clerk is hereby ordered to cause a certified copy of this resolution attested to by the City Clerk under the seal of the City, to be mailed to the following agencies:
•Los Angeles County Tax Assessor's Office
Resolution No.

Page 2 ends

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
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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=
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APN 3111-001-061 F{U)
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Fi\n
ea
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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
NB 1
3/12/2024
JC
Date:March 12, 2024
To: Mayor Parris and City Council Members
From:Jason Caudle, City Manager
Subject:Ordinance Modification to Extend Compliance Requirements for the Conversion of Gas-Powered Lawn Equipment to Electric
Recommendations:

1. Approve Ordinance No. ____. which extends the compliance requirements for converting gas-powered lawn mowers and lawn equipment to electric to April 2027.

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

Fiscal Impact:

There is no direct fiscal impact associated with the approval of this ordinance amendment itself.

However, by extending the compliance deadline, the City can utilize available funding sources to convert gas-powered lawn equipment to electric. This strategic extension aims to mitigate any potential financial impact on the City and its residents by preserving eligibility for conversion assistance programs.

Background:

The City Council previously mandated the conversion of gas-powered lawn mowers and lawn equipment to electric by April of this year. This requirement was part of a broader initiative to reduce emissions and environmental impact. Subsequent analysis revealed that enforcing a conversion by law could inadvertently render certain funding sources for the conversion ineligible.

Recognizing this, the proposed ordinance amendment seeks to extend the deadline for compliance to April 2027.

The ordinance, identified as Ordinance No. _____, amends Chapter 8.70 of the Lancaster Municipal Code, specifically replacing Section 8.70.020 to prohibit the use of gasoline-powered 1 5
6 9
landscape equipment by landscape maintenance businesses, effective April 1, 2027. This amendment reflects the City's continued commitment to environmental stewardship while efficiently addressing the financial and logistical aspects of transitioning to cleaner, electric- powered lawn equipment.

The extension of the compliance deadline through the adoption of Ordinance No. _____ is a necessary adjustment to maximize funding opportunities for converting gas-powered lawn equipment to electric. This approach maintains our environmental goals while addressing practical considerations for implementation.

Attachment:

Ordinance No. ____
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA, AMENDING CHAPTER 8.70 TO

THE LANCASTER MUNICIPAL CODE CONCERNING USE

OF GASOLINE POWERED LANDSCAPE EQUIPMENT BY

LANDSCAPE MAINTENANCE BUSINESSES
WHEREAS, the City Council desires to exercise its authority under Sections 5 and 7 of Article XI of the California Constitution and Section 100 of the Charter of the City of Lancaster to modify its prohibition on the use of gasoline powered landscape equipment by landscape maintenance businesses.

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

Section 1. Chapter 8.70 is hereby amended as follows:

Section 8.70.020 is deleted in its entirety and replaced with the following:
“8.70.020 - Prohibition against use of gasoline powered landscape equipment.

Effective April 1, 2027, a landscape maintenance business shall not use gasoline powered landscape equipment within the city.”
Section 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of t e remaining portions of this Ordinance. The City Council of the City of Lancaster hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.

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

I, Andrea Alexander, City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the __ day of _______, 2024, and placed upon its second reading and adopted at a regular meeting of the City Council on the ___ day of _____, 2024 by the vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

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

STATE OF CALIFORNIA) )

COUNTY OF LOS ANGELES )

CITY OF LANCASTER )

CERTIFICATION OF ORDINANCE

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

WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of _________________, __________
(seal)

Lancaster City CouncilMarch 12, 2024

Lancaster City Council
March 12, 2024