Agenda packet — Lancaster City Council, March 26, 2024 (part 2 of 4)

Page 1 of 1 ends

AMENDMENT #1
TO
CONTRACT # 061323-SII

THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and Shaw Integrated and Turf Solutions, Inc. (Supplier).

Sourcewell awarded a contract to Supplier to provide Flooring Materials with Related Supplies and Services, effective August 7, 2023, through August 9, 2027 (Contract).

NOW, THEREFORE, the parties wish to amend the Contract as follows:

Section 18. Insurance–Subsection A. Requirements– Item 5. Network Security and Privacy Liability Insurance of the Contract is deleted in its entirety.

Except as amended by this Amendment, the Contract remains in full force and effect.

Sourcewell Shaw Integrated and Turf Solutions, Inc.

B y : B y :

Jeremy Schwartz, Director of Operations/CPO James Kirkpatrick

D a t e : T i t l e :

Approved: Date:

B y :

Chad Coauette, Executive Director/CEO

Date:

STAFF REPORT
City of Lancaster
CC 6
3/26/2024
JC
Date:March 26, 2024
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Michael Harne, Assistant Director – Maintenance Services Subject:Award of Project: 2024 Heating, Ventilation, and Air Conditioning (HVAC) Improvements and Annual HVAC Maintenance Agreement – Public Works Maintenance Yard
Recommendations:

1. Award 2024 HVAC Improvements – Public Works Maintenance Yard to Carrier Global Corporation of Palm Beach Gardens, FL, in the amount of $ 135,595.00, base quote, plus a 15% contingency, to remove and replace the HVAC system in the AT Building at the City of Lancaster Public Works Maintenance Yard.

2. Award a three-year HVAC Maintenance Agreement – Public Works Maintenance Yard to Carrier Global Corporation of Palm Beach Gardens, FL, in the amount of $33,976.00, base quote, plus a 15% contingency, to perform all yearly maintenance and repairs at the City of Lancaster Public Works Maintenance Yard.

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

Fiscal Impact:
$195,006.65 (including 15% contingency) to be awarded; sufficient funds are available in Account Number 214-410000-5790 and CP11BS071.CONST GL Code 413-4990-8000 in fiscal years 2023-2024, 2024-2025, and 2025-2026.

Background:

City staff identified the need for immediate attention, subsequent repair, and ongoing HVAC system maintenance at the Public Works Maintenance Yard. There are significant health and safety advantages associated with these improvements. Installing a new HVAC system not only enhances indoor air quality by reducing allergens and pollutants, but also contributes to a more comfortable and conducive indoor environment, promoting the well-being of our occupants. 1 5
7 2
Prioritizing energy-efficient solutions and adhering to stringent safety protocols during installation ensures cost savings and minimizes potential risks to the City. Additionally, the importance of regular maintenance and seeking professional guidance emphasizes our commitment to ensuring optimal performance and longevity of the system.

The Sourcewell cooperative was created by state law as a service cooperative to provide programs and services to education and government. Sourcewell was established to assist public agencies in meeting specific needs more efficiently delivered cooperatively than individually by an entity.

Sourcewell awarded Contract Number 070121-CAR to Carrier Corporation for HVAC systems.

All procurement documents and procedures meet all State and City requirements for competitive procurement. Therefore, we request that the Council approve this contract award.

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Attachments:

Agreement - Carrier 2024 HVAC Improvements
Exhibit A - Scope of Services and Fee Schedule (HVAC Improvements) Agreement - Carrier HVAC Maintenance
Exhibit A - Scope of Services and Fee Schedule (HVAC Maintenance) Sourcewell Contract
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Maintenance Services Agreement; December 2018

AGREEMENT FOR MAINTENANCE SERVICES
THIS AGREEMENT FOR MAINTENANCE SERVICES is made and entered into this 27th day of March, 2024 by and between the CITY OF LANCASTER, a municipal corporation and charter city (“City”), and CARRIER GLOBAL CORPORATION, a California Corporation (“Contractor”) (collectively, sometimes referred to hereinafter as the “Parties”).

RECITALS
WHEREAS, the City desires to engage Contractor to perform certain services, as provided herein, identified as:
2024 Hvac Improvements – Public Works Maintenance Yard (THE “SERVICES”) WHEREAS, the principal members of Contractor are qualified and duly registered/licensed under the laws of the State of California, and Contractor desires to accept such engagement; NOW, THEREFORE, the parties agree as follows:

1.Parties to the Agreement.

The parties to this Agreement are:

A. CITY: CITY OF LANCASTER
B. CONTRACTOR: CARRIER GLOBAL CORPORATION

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

CITY City of Lancaster
Attn: Jason Caudle, City Manager
44933 North Fern Avenue
Lancaster, California 93534

CONTRACTOR CARRIER GLOBAL CORPORATION
Attn: Dan Marquez, Account Executive
2478 Peck Road
City Of Industry, CA 90601

3.Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without prior written consent of the other party, and any such assignments without said consent shall be void. - 2 -
Maintenance Services Agreement; December 2018

4.Description of Work. The City hereby engages Contractor, and Contractor accepts such engagement, to perform the technical and professional services set forth in the “Scope Of Services And Fee Schedule", attached hereto as Exhibit “A” and incorporated herein by reference. Contractor shall perform and complete, in a manner satisfactory to the City, all work and services set forth in Exhibit “A.” The City Manager or his designee shall have the right to review and inspect the work during the course of its performance at such times as may be specified by the City Manager, or his designee.

5.Obligations of the City.

A. The City shall pay Contractor an amount not to exceed $155,934.25 for all work necessary to complete the Services, as described in the Scope Of Services And Fee Schedule.

Payments shall be due within thirty (30) days following submittal of an invoice detailing the services performed, as set forth in Exhibit “A”.

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

6.Obligations of the Contractor.

A. Contractor shall perform as required by this Agreement and in accordance with the Scope Of Services And Fee Schedule set forth in Exhibit “A”.

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

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

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

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

9.Payment of Prevailing Wage.

A. The State of California, Department of Industrial Relations, has ascertained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension, and similar purposes applicable to the work to be done. These rates shall be the minimum wage rates for this project. These rates are on file with the City and copies will be made available to any interested party upon request. - 3 -
Maintenance Services Agreement; December 2018
Attention is directed to the provisions of Section 1777.5 (Chapter 1411, Statutes of 1968) and Section 1777.6 of the Labor Code concerning the employment of apprentices by the CONTRACTOR or any subcontractor under him.

Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except:
(A) When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15% in the 90 days prior to the request for certificate; or
(B) When the number of apprentices in training in the area exceeds a ratio of one to five; or
(C) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or
(D) When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.

The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions.

The Contractor and any subcontractor under them shall comply with the requirements of Section 1777.5 and Section 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of Contractor for personnel to perform any services under this Agreement. City shall have access to all documents, data and records of Contractor and its subcontractors for purposes of determining compliance with the Prevailing Wage provisions of this Section. - 4 -
Maintenance Services Agreement; December 2018

10.Non-Discrimination and Equal Employment Opportunity.

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

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

11.Term; Effective Date. This Agreement shall become effective and shall be in full force and effect upon the execution of the Agreement by the City and the Contractor. This Agreement shall continue in full force and effect for [Term, e.g. Twelve (12) months], unless the Agreement is sooner terminated in accordance with this Agreement; provided, however, that the City and the Contractor may mutually agree in writing to extend the Term of this Agreement.

12.Termination.

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

B. For Cause. If Contractor 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, Contractor shall correct such failure within ten (10) days (or such longer period that the City may authorize in writing) after receipt of notice from the City specifying such failure. Should the failure not be corrected within this time period, the City may immediately terminate the Agreement by written notice to Contractor.

C. In the event of termination, whether for convenience or cause, reports, plans, studies and other documents (collectively, “documents”) related to the Services shall become the City’s property. Contractor shall provide all documents to the City that have not yet been within ten (10) calendar days after termination of the Agreement.

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

14.Insurance.

A. The Contractor, at its expense, shall maintain in effect at all times during the term - 5 -
Maintenance Services Agreement; December 2018
of this Agreement the following coverage and limits of insurance, which shall be maintained with insurers listed “A-, VIII” or better in the Best’s Key Rating Guide:

Commercial General Liability
Each Occurrence $1,000,000
Per Project General Aggregate $2,000,000
Including Products/Completed Operations; Contractual Liability/Independent Contractors; Property Damage
(Coverage shall be at least as broad as ISO form CG2010 11/85 or CG2010 07/04 and CG2037 07/04 combined, or an equivalent providing ongoing and completed operations) Commercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $1,000,000
(Coverage shall be at least as broad as ISO form CA00 01) Workers Compensation
As Required by the State of California Statutory Limits Employers’ Liability
Each Accident $2,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000
(A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation & Employers’ Liability policies)
B. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured’s liability.

C. Any deductibles or self-insurance retentions must be declared and approved by the City. At the City’s option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City insured entities or the insurer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. All insurance shall be primary and non-contributory as respects the City insured entities. Any insurance or self-insurance maintained by the City insured entities shall be in excess of the Contractor’s insurance and shall not contribute with it.

E. Contractor shall furnish the City with Certificates of Insurance and with original endorsements effecting coverage required by this Agreement. Certificates of Insurance shall meet the following requirements:
(1) Show that the insurance policy has been endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after 30 days’ prior written notice (10 days’ written notice for non-payment) to the City of Lancaster.
(2) List in the “Descriptions of Operations/Locations/Vehicles” section:
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Maintenance Services Agreement; December 2018
“[Name of the Project/Services/Title & Date of Event]”
(3) List in the “Certificate Holder” section:

The City of Lancaster, 44933 Fern Avenue, Lancaster, California 93534.

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

16.Data Provided to Contractor. City shall provide to Contractor, without charge, all data, including reports, records, maps and other information, now in the City’s possession which may facilitate the timely performance of the work described in Exhibit “A”.

17.Contractor’s Warranties and Representations.

Contractor warrants and represents to City as follows:

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

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

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

D. Upon the execution of this Agreement, Contractor has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner hinder the performance of services and work required by this Agreement, nor shall any such interest be acquired during the term of this Agreement.
- 7 -
Maintenance Services Agreement; December 2018

18.Resolution of Disputes.

A. Disputes regarding the interpretation or application of any provisions of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties.

B. If the parties cannot resolve the dispute through good faith negotiations, either party may give Notice of Dispute to the other party. The Notice of Dispute shall state the nature of the dispute and the corrective action necessary to remedy the dispute.

After Notice of Dispute, the parties shall first attempt to resolve any disputes by mediation. The parties shall agree on a single mediator. Mediation shall be conducted in Lancaster, California. Each party shall pay its own attorneys’ fees and the costs of mediation shall be split equally between the parties.

If the dispute has not been resolved by mediation within 45 days after Notice of Dispute, or the parties are unable to agree to a mediator, within 15 days after Notice of Dispute, then, the dispute may, upon agreement of the parties be resolved by binding arbitration.

C. If any action at law or in equity is brought to enforce or interpret any provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, cost and necessary disbursements, in addition to such other relief as may be sought and awarded.

19.Exhibits.

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

Exhibit “A” Scope Of Services And Fee Schedule

20.Governing Law.

This Agreement shall be governed by the laws of the State of California. [Signatures begin on following page]
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Maintenance Services Agreement; December 2018
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.

CITY OF LANCASTER
By:

Jason Caudle, City Manager
Contractor: CARRIER GLOBAL CORPORATION
By:
{Attn}
ATTEST:

Andrea Alexander, City Clerk
APPROVED AS TO FORM:

Allison E. Burns Esq., City Attorney
CONTRACT SUBMISSION APPROVAL:
__________________________________________
Marissa Diaz, Director – Public WorksInsurance Approved Quote #002272024 1
Address 2478 Peck Road
City of Industry CA 90601
Phone (818) 652-2365
Fax (860) 998-7888
E-mail [email protected]
Contact Name Heather Andrews
Account City of Lancaster
Phone (661) 723-6195
Site Address 615 W. Avenue H
Lancaster, CA 93534
Estimate Date 02/27/2024
Quote Number 002272024
Job Description A/C Replacement Project at AT Building Scope of Work
Check in with customer upon arrival
Disconnect utilities to the following units: (1) Lennox, (1) York, (1) Evaporative Cooler, (1) Ductless Split System Utilize crane to remove units (Carrier to properly dispose of old units) Furnish and install the following new equipment:
(2) Carrier Roof Top Units – same voltage and capacity as existing (including adapter curbs) (1) Essick Evaporative Cooler – same voltage and capacity as existing (1) Carrier Ductless Split System (Locker Room) – same capacity and voltage as existing (1) Carrier Ductless Split System – Dave’s Office (new installation with (1) Condensing unit and (2) wall mount Ductless Air Handlers) (1) Carrier Ductless Split System – Restroom (new installation with (1) Condensing unit and (2) wall mount Ductless Air Handlers) Reconnect existing utilities to new A/C equipment
Cap existing duct into Dave’s office
Note1: (2) Carrier Roof Top Units, (1) Essick Evaporative Cooler and (1) Locker Room units will get new electrical Service Disconnects Note2: Dave’s Office and Restroom Split System units electrical and roofed in platforms by others Note3: Evaporative Cooler will be installed onto existing steel frame Perform Factory Startup, verify operation and clean work Warranty: 90 days labor and 1 year parts
Exclusions / Clarifications
This quote does not include the waste disposal and labor performed outside normal business hours unless otherwise noted.

Overtime labor, permits, plan check, Title24, Engineering, Structural modifications, equipment screens, platform modifications, electrical panel upgrades, thermostats (except for (2) new Ductless Split System Installation), FLS, controls, ductwork replacement, duct cleaning, air balancing, roofing, storage fees, any items not specifically listed in the scope of work above.

Payment Terms: 30% upon approval, 30% upon equipment delivery (crane yard), 30% rough completion, 10% Punch list Final Total Quoted Price – Pricing per Sourcewell contract 070121-CAR Total Price for Scope of Work including applicable taxes: $135,595.00 15% Contingency $20,339.25
$155,934.25
Total
Exhibit "A" Scope of Services and Fee Schedule
Quote #002272024 2

This proposal is valid for 30 days from the date of proposal. Carrier's terms and conditions will govern in lieu of any other terms and conditions contained in any resulting Purchase, Order, Contract, Agreement, etc. Carrier would like to thank you for the continuing opportunity to be of service.

Sincerely,

\oppid2\

Dan Marquez

Carrier Commercial Service

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Title

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Customer Acceptance (signature)

Purchase Order

Date

This quote is valid for 30 days.

The attached Terms & Conditions shall govern.

Terms and Conditions of Sale – Equipment and/or Service 091322 Carrier Corporation 3

CARRIER CORPORATION

TERMS AND CONDITIONS OF SALE

EQUIPMENT AND/OR SERVICE

1. PAYMENT AND TAXES - Payment shall be made net 30 days from date of invoice. Carrier reserves the right to require cash payment or other alternative method of payment prior to shipment or completion of work if Carrier determines, in its sole discretion, that Customer or Custo mer's assignee’s financial condition at any time does not justify continuance of the net 30 days payment term. In addition to the price, Customer shall pay Carrier any taxes or government charges arising from this Agreement. If Customer claims that any such taxes or government charges do not apply to the transactions governed by this Agreement, Customer shall provide Carrier with acceptable tax exemption certificates or other applicable documents. All past due invoices will accrue interest at the lesser of 1% per month or the maximum amount allowable by law.

2. EXTRAS - Equipment, parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer’s written authorization, paid for as an extra at Carrier’s prevailing labor rates and equipment/parts charges, and subject to the terms of this Agreement.

3. RETURNS - No items will be accepted for return without prior written authorization. Returned goods may be subject to a restocking charge. Special order and non-stock items cannot be returned.

4. SHIPMENT - All shipments shall be F.O .B. shipping point, freight prepaid and allowed to the job site. Shipment dates quoted are approximate. Carrier does not guarantee a particular date for shipment or delivery.

5. PARTIAL SHIPMENT - Carrier shall have the right to ship any portion of the equipment, goods or other materials included in this Agreement and invoice Customer for such partial shipment.

6. DELAYS - Carrier shall not be liable for delays in manufacturing, shipping or delivery by causes beyond the control and without the fault o r negligence of Carrier, including but not restricted to acts of God, acts of a public enemy, acts of government, acts of terrorism, fires, floods, epidemics, quarantine restrictions, freight embargoes, supplier delays, strikes, or labor difficulties (coll ectively “Force Majeure Events”). Carrier agrees to notify Customer in writing as soon as practicable of the causes of such delay. In the event that any materials or equipment to be provided by Carrier under this Agreement become permanently unavailable as a result of a Force Majeure Event, Carrier shall be excused from furnishing such materials or equipment.

Carrier does not warrant products not manufactured by Carrier Corporation, but it does pass on to Customer any transferrable manufacturer warranties for those products. Carrier warrants that all service provided by Carrier hereunder shall be performed in a workmanlike manner. In the event any such service is determined to be defective within ninety (90) days of completion of that service, Carrier shall at its option re-perform or issue a credit for such service. Carrier’s obligation to repair or replace any defective equipment, parts or components during the warranty period shall be Customer’s exclusive remedy. Carrier shall not be responsible for labor charges for removal or re installation of defective equipment, parts or components, for charges for transportation, handling and shipping or refrigerant loss, or for repairs or replacement of such equipment, parts or components, required as a consequence of faulty installation, mis application, vandalism, abuse, exposure to chemicals, improper servicing, unauthorized alteration or improper operation by persons other than Carrier. THIS

WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES,

EXPRESS, IMPLIED OR STATUTORY INCLUDING THE IMPLI ED

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.

8. WORKING HOURS - All services performed under this Agreement, including but not limited to, major repairs, are to be provided during Carrier’s normal working hours unless otherwise agreed.

9. CUSTOMER RESPONSIBILITIES (Service Contracts only) - Customer shall:

• Provide safe and reasonable equipment access and a safe work environment.
• Permit access to Customer’s site, and use of building services including but not limited to: water, e levators, receiving dock facilities, electrical service and local telephone service. • Keep areas adjacent to equipment free of extraneous material, move any stock, fixtures, walls or partitions that may be necessary to perform the specified service.
• Promptly notify Carrier of any unusual operating conditions. • Upon agreement of a timely mutual schedule, allow Carrier to stop and start equipment necessary to perform service.
• Provide adequate water treatment.
• Provide the daily routine equipment operation (if not part of this Agreement) including availability of routine equipment log readings.
• Where Carrier’s remote monitoring service is provided, provide and maintain a telephone line with long distance direct dial and answer capability.
• Operate the equipment properly and in accordance with instructions. • Promptly address any issues that arise related to mold, fungi, mildew or bacteria.
• Identify and label any asbestos containing material that may be present. The customer will provide, in writing, prior to the start of a job, a signed statement regarding the absence or presence of asbestos for any job where the building or the equipment to be serviced is older than 1981. Should this document state that no asbestos is present, the customer will also provide in writing the method used to determine the absence of asbestos.

10. EXCLUSIONS - Carrier is not responsible for items not normally subject to mechanical maintenance including but not limited to: duct work, casings, cabinets, fixtures, structural supports, grillage, water piping, steam piping, drain piping, cooling tower fill, boiler tubes, boiler refractory, disconnect switches and circuit breakers. Carrier is not responsible for repairs, replacements, alterations, additions, adjustments, repairs by others, unscheduled calls or emergency calls, any of which may be necessitated by negligent operation, abuse, misuse, prior improper maintenance, vandalism, obsolescence, building system design, damage due to freezing weather, chemical/electro chemical attack, corrosion,

Terms and Conditions of Sale – Equipment and/or Service 091322 Carrier Corporation 4

erosion, deterioration due to unusual wear and tear, any damage related to the presence of mold, fungi, mildew, or bacteria, damage caused by power reductions or failures or any other cause beyond Carrier’s control. Carrier shal l not be required to perform tests, install any items of equipment or make modifications that may be recommended or directed by insurance companies, government, state, municipal or other authority. However, in the event any such recommendations occur, Car rier, at its option, may submit a proposal for Customer’s consideration in addition to this Agreement. Carrier shall not be required to repair or replace equipment that has not been properly maintained.

11. EQUIPMENT CONDITION & RECOMMENDED SERVICE (Serv ice Contracts only) - Upon the initial scheduled operating and/or initial annual stop inspection, should Carrier determine the need for repairs or replacement, Carrier will provide Customer in writing an ‘equipment condition’ report including recommendations for corrections and the price for repairs in addition to this Agreement. In the event Carrier recommends certain services (that are not included herein or upon initial inspection) and if Customer does not elect to have such services properly performed i n a timely fashion, Carrier shall not be responsible for any equipment or control failures, operability or any long -term damage that may result. Carrier at its option will either continue to maintain equipment and/or controls to the best of its ability, without any responsibility, or remove such equipment from this Agreement, adjusting the price accordingly.

12. PROPRIETARY RIGHTS - Carrier may elect to install, attach to Customer equipment, or provide portable devices (hardware and/or software) that shal l remain the personal proprietary property of Carrier. No devices installed, attached to real property or portable device(s) shall become a fixture of the Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and other intellectual or proprietary rights to devices that are used in connection with providing service on Customer equipment.

13. DATA RIGHTS - Customer hereby grants and agrees to grant to Carrier a worldwide, non -exclusive, non -terminable, irrevocable, perpetual, paid -up, royalty free license to any Source Data, with the right to sub -license to its affiliates and suppliers for (i) Carrier’s performance of services pursuant to this Agreement, (ii) the improvement of Carrier services, a nd Carrier’s Analytics Platform; (iii) improving product performance, operation, reliability, and maintainability; (iv) to create, compile, and/or use datasets and/or statistics for the purposes of benchmarking, development of best practices, product improvement; (v) the provision of services to third parties, (vi) research, statistical, and marketing purposes, and/or (vii) in support of Carrier agreements.

Source Data – shall mean data that is produced directly from a system, or device and received at a collection point or a central server (e.g. a Carrier database, data lake, or third party cloud service).

Analytics Platform – shall mean server algorithms or web interface systems used to (i) interpret, convert, manipulate, or calculate data, (ii) perform data processing, and/or (iii) the delivery of data to Carrier, affiliates or suppliers of Carrier, and/or Customer.

14. RETURN OF DATA - Customer understands and acknowledges that the portable devices will collect Source Data that will be stored on and/or transmitted to Carrier’s servers and to suppliers or affiliates that are contracted by Carrier and used to transmit, process, extract or store such Source Data for purposes of Carrier’s performance of the service in accordance with this Agreement. Once such data and information has been stored and/or transmitted to Carrier’s servers, Customer agrees that such data and information shall become part of Carrier’s database and therefore subject to the license terms under section 13.

15. DATA DELIVERY - During the term of the Agreement Customer shall (i) make reasonable efforts to ensure that the hardware remains powered on, (ii) avoid intentional action to impede, block or throttle collection and transmission of Source Data by Carrier, and (iii) avoid intenti onal action to disable, turn off, or remove the hardware without Carrier’s express written consent, which consent shall not be unreasonably withheld.

16. REVERSE ENGINEERING - Customer shall not extract, decompile or reverse engineer any software included with, incorporated in, or otherwise associated with the hardware and shall not reverse engineer any reports or analytics provided to or received by Customer from Carrier.

17. WAIVER OF DAMAGES - Under no circumstances shall Carrier be liable for any indirect, incidental, special or consequential damages, including loss of revenue or profit, loss of use of equipment or facilities, loss of data, or economic damages howsoever arising.

18. LIMITATION OF LIABILITY - Carrier’s maximum liability for any reason (except for personal injuries) arising from this Agreement shall not exceed the value of the payments received by Carrier under this Agreement.

19. CANCELLATION - Customer may cancel this Agreement only with Carrier’s prior written consent, and upon payment of reasonable cancellation charges. Such charges shall take into account costs and expenses incurred, and purchases or contract commitments made by Carrier and all other los ses due to the cancellation including a reasonable profit.

20. CUSTOMER TERMINATION FOR CARRIER NON -
PERFORMANCE - Customer shall have the right to terminate this Agreement for Carrier’s non -performance provided Carrier fails to cure such non - performance within thirty (30) days after having been given prior written notice of the non-performance. Upon early termination or expiration of this Agreement, Carrier shall have free access to enter Customer locations to disconnect and remove any Carrier personal pr oprietary property or devices as well as remove any and all Carrier -owned parts, tools and personal property. Additionally, Customer agrees to pay Carrier for all incurred but unamortized service costs performed by Carrier including overheads and a reason able profit.

21. CARRIER TERMINATION - Carrier reserves the right to discontinue its service any time payments have not been made as agreed or if alterations, additions or repairs are made to equipment during the term of this Agreement by others without prior agreement between Customer and Carrier.

22. CLAIMS - Any lawsuits arising from the performance or nonperformance of this Agreement, whether based upon contract, negligence, strict liability or otherwise, shall be brought within one (1) year from the date the claim arose.

23. GOVERNMENT PROCUREMENTS - The components, equipment and services provided by Carrier are “commercial items” as defined in Section 2.101 of the Federal Acquisition Regulations ("FAR"), and the prices of such components, equipment and services are based on Carrier's commercial pricing policies and practices (which do not consider any special requirements of U.S.

Government cost principles, FAR Part 31, or any similar procurement regulations). As such, Carrier will not agree to pro vide or certify cost or pricing data, nor will Carrier agree to comply with the Cost Accounting Standards (CAS).

In addition, no government procurement regulations, such as FARs or DFARs, shall apply to this Agreement except those regulations expressly ac cepted in writing by Carrier.

Terms and Conditions of Sale – Equipment and/or Service 091322 Carrier Corporation 5

24. HAZARDOUS MATERIALS - Carrier is not responsible for the identification, detection, abatement, encapsulating or removal of asbestos, products or materials containing asbestos, similar hazardous substances, or mold, fungi, mildew, or bacteria. If Carrier encounters any asbestos or other hazardous material while performing this Agreement, Carrier may suspend its work and remove its employees from the project, until such material and any hazards associated with it are abated . The time for Carrier’s performance shall be extended accordingly, and Carrier shall be compensated for the delay.

25. WASTE DISPOSAL - Customer is wholly responsible for the removal and proper disposal of waste oil, refrigerant and any other material generated during the term of this Agreement.

26. SUPERSEDURE, ASSIGNMENT and MODIFICATION - This
Agreement contains the complete and exclu sive statement of the agreement between the parties and supersedes all previous or contemporaneous, oral or written, statements. Customer may assign this Agreement only with Carrier’s prior written consent. No modification to this Agreement shall be binding unless in writing and signed by both parties. Orders shall be binding upon Carrier when accepted in writing by an authorized representative of Carrier. CARRIER’S ACCEPTANCE OF CUSTOMER’S ORDER IS CONDITIONED UPON
CUSTOMER’S ACCEPTANCE OF THE TERMS AN D CONDITIONS SET
FORTH HEREIN (THIS “AGREEMENT”) AND CUSTOMER’S

AGREEMENT TO BE BOUND BY AND COMPLY WITH THIS
AGREEMENT. THIS AGREEMENT AND ALL REFERENCED

ATTACHMENTS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN

CARRIER AND CUSTOMER, AND NO AMENDMENT OR

MODIFICATION SHALL BE BINDING ON CARRIER UNLESS SIGNED
BY AN OFFICER OR AUTHORIZED EMPLOYEE OF CARRIER. THE

FAILURE OF CARRIER TO OBJECT TO PROVISIONS CONTAINED IN

ANY PURCHASE ORDER OR OTHER DOCUMENT OF CUSTOMER

SHALL NOT BE CONSTRUED AS A WAIVER BY CARRIER OF THE

TERMS IN THIS AGREEMENT OR AN ACCEPTANCE OF ANY OF
CUSTOMER’S PROVISIONS. ANY CONFLICTING OR ADDITIONAL

TERMS OR CONDITIONS SET FORTH BY CUSTOMER IN A

PURCHASE ORDER OR OTHER DOCUMENT SHALL NOT BE

BINDING UPON CARRIER, AND CARRIER HEREBY EXPRESSLY
OBJECTS THERETO.

27. CUSTOMER CONSENT - Customer consents and agrees that Carrier may, from time to time, publicize Carrier related projects with Customer, including the value of such projects, in all forms and media for advertising, trade, and any other lawful purposes.

28. FOR WORK BEING PERFORMED IN CALIFORNIA - Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

29. INTELLECTUAL PROPERTY – Notwithstanding anything to the contrary stated herein, Carrier retains ownership of its intellectual property and no license to Carrier’s intellectual property is granted except as necessary for Customer to use any deliverables and/or services provided hereunder.

30. DATA PRIVACY – Carrier processes personal data in accordan ce with its privacy notice at Carrier.com or via the following link:
https://www.carrier.com/carrier/en/worldwide/legal/privacy -notice. Each party will comply with applicable data privacy laws governing personal information collected and processed under this Agreement, including the California Consumer Privacy Act and the European General Data Protection Regulation, and take all reasonable com mercial and legal steps to protect personal data. If Customer provides Carrier with personal data, Customer will ensure that it has the legal right to do so, including notifying the individuals whose personal data it provides to Carrier. If a party colle cts or processes personal data from California residents under this Agreement, such party is a “Service Provider” under the CCPA, and will not sell or exchange such personal data for anything of value.

31. FACTORY ACCEPTANCE TESTS AND INSPECTIONS – The nature and extent of factory acceptance tests or factory inspections, including without limitation, the number and identity of participants, locations visited, and activities undertaken, shall be limited to activities directly related to the performance of this Agreement. The tests or inspections will be subject to mutual agreement of the parties, Carrier policy and internal pre -approval requirements, and strictly comply with Customer’s policies as well as all applicable laws and regulations including, with out limitation, all applicable laws and regulations prohibiting corruption.

32. CHANGE ORDER / ADDITIONAL WORK / PRICE ADJUSTMENTS – Carrier will not perform additional work until such time as Carrier receives a change order, duly executed by each party, setting forth the scope and an agreed upon price for the additional work, as well as any appropriate adjustments to the delivery schedule. Additional work and/or materials supplied under any change order shall be subject to the terms of this Agreement. The price of services performed under this Agreement is subject to change due to increases in material costs related to tariffs, import duties, trade policy, epidemics, commodity or material costs, fuel surcharges, supplier costs, labor costs, or related impa cts or market conditions. Such change shall come into effect on thirty (30) days’ prior written notice from Carrier to Customer. The price of equipment supplied under this Agreement is subject to increase in accordance with the Producer Price Index (PPI) published by the U.S. Department of Labor Bureau of Labor Statistics (BLS) for commodity: PCU33341 -33341 HVAC and Commercial Refrigeration Equipment. Price escalation will be calculated as (i) total Agreement price multiplied by (ii) the PPI on date of equipment delivery to end customer, divided by (iii) PPI on date of execution of the Agreement. Total Agreement price is not subject to decrease.

33. OCCUPATIONAL SAFETY AND HEALTH (Service Contracts Only) – Carrier and Customer agree to notify each other immediately upon becoming aware of an inspection under, or any alleged violation of, the Occupational Safety and Health Act (“OSHA”) relating in any way to the performance of work under this Agreement, the project or the job site.

Terms and Conditions of Sale – Equipment and/or Service 091322 Carrier Corporation 6

34. ANTI-DISCRIMINATION POLICY – The Carrier Fostering a Respectful and Safe Work Environment policy is incorporated into these terms via this link:
https://www.carrier.com/commercial/en/us/media/carrier -anti- discrimination-harassment-policy-02192021_tcm199-109848.pdf.

35. EQUIPMENT RENTALS – If all or a portion of this Agreement is for equipment rental, the Carrier Rental Systems Master Terms and Conditions – Rental, available at https://www.carrier.com/rentals/en/us/rental- equipment/rental-forms/, shall apply to the rental equipment.

36. STATE CONTRACTOR LICENSE NUMBERS – A list of Carrier’s state contractor license, certificate, and registration numbers , which list is incorporated herein, is available via this link:
https://www.carrier.com/commercial/en/us/service/contractor -licenses.

37. ADDITIONAL TERMS AND CONDITIONS - CANNABIS INDUSTRY - If Customer is involved in the cannabis industry in the US as a manufacturer, distributor, or otherwise, the additional terms and conditions available at https://www.carrier.com/commercial/en/us/legal/additional-terms, which are incorporated herein, shall apply.

38. ADDITIONAL TERMS AND CONDITIONS – ABOUND – If this Agreement includes a subscription to the Abound platform, then the additi onal terms and conditions of the Abound Master SaaS Subscription Agreement available at https://abound.carrier.com/saas-agreement which are incorporated herein, shall apply

Terms and Conditions of Sale – Equipment and/or Service 091322 Carrier Corporation 7

Over 100 years of innovations

carrier.com/service
- 1 -
Maintenance Services Agreement; December 2018

RECITALS
WHEREAS, the City desires to engage Contractor to perform certain services, as provided herein, identified as:

Hvac Maintenance Agreement – Public Works Maintenance Yard (THE “SERVICES”) WHEREAS, the principal members of Contractor are qualified and duly registered/licensed under the laws of the State of California, and Contractor desires to accept such engagement; NOW, THEREFORE, the parties agree as follows:

1.Parties to the Agreement.

The parties to this Agreement are:

A. CITY: CITY OF LANCASTER
B. CONTRACTOR: CARRIER GLOBAL CORPORATION

CITY City of Lancaster
Attn: Jason Caudle, City Manager
44933 North Fern Avenue
Lancaster, California 93534

CONTRACTOR CARRIER GLOBAL CORPORATION
Attn: Dan Marquez, Account Executive
2478 Peck Road
City Of Industry, CA 90601

5.Obligations of the City.

A. The City shall pay Contractor an amount not to exceed $39,072.40 for all work necessary to complete the Services, as described in the Scope Of Services And Fee Schedule. Payments shall be due within thirty (30) days following submittal of an invoice detailing the services performed, as set forth in Exhibit “A”.

6.Obligations of the Contractor.

A. Contractor shall perform as required by this Agreement and in accordance with the Scope Of Services And Fee Schedule set forth in Exhibit “A”.

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

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

9.Payment of Prevailing Wage.

10.Non-Discrimination and Equal Employment Opportunity.

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

11.Term; Effective Date. This Agreement shall become effective and shall be in full force and effect upon the execution of the Agreement by the City and the Contractor. This Agreement shall continue in full force and effect for [Term, e.g. Thirty Six (36) months], unless the Agreement is sooner terminated in accordance with this Agreement; provided, however, that the City and the Contractor may mutually agree in writing to extend the Term of this Agreement.

12.Termination.

14.Insurance.

The City of Lancaster, 44933 Fern Avenue, Lancaster, California 93534.

17.Contractor’s Warranties and Representations.

Contractor warrants and represents to City as follows:

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

18.Resolution of Disputes.

A. Disputes regarding the interpretation or application of any provisions of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties.

19.Exhibits.

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

Exhibit “A” Scope Of Services And Fee Schedule

20.Governing Law.

CITY OF LANCASTER
By:

Jason Caudle, City Manager
Contractor: CARRIER GLOBAL CORPORATION
By:

Dan Marquez, Account Executive
ATTEST:

Andrea Alexander, City Clerk
APPROVED AS TO FORM:

Allison E. Burns Esq., City Attorney
CONTRACT SUBMISSION APPROVAL:
__________________________________________
Marissa Diaz, Director – Public WorksInsurance Approved

Submitted by: Dan Marquez February 16, 2024 Page 1 of 9 City of Lancaster
615 W. Avenue H
Lancaster, CA 93534

HHVVAACC

PPRREEVVEENNTTAATTIIVVEE MMAAIINNTTEENNAANNCCEE

PPRROOGGRRAAMM

SUBMITTED TO :

City of Lancaster
615 W. Avenue H
Lancaster, CA 93534
Attn: Heather Andrews
(661) 723 -6195 – Office

JOBSITE LOCATION :

Public Works Yard
615 W. Avenue H
Lancaster, CA 93534

SUBMITTED BY :

Dan Marquez
Carrier Corporation
2478 Peck Road, City of Industry, CA 90601
CA License # 499642
Cell: (818) 652 -2365
Fax: (860) 998 -7888
[email protected]

Quote Number D08 -021624

PROPRIETARY NOTICE
This proposal contains information that is proprietary to Carrier. This information is made available to the company listed on the title sheet of this document solely for the purpose of evaluating this proposal. Carrier requests that this information not be disclosed to any person outside the company listed on the title sheet of this document responsible for this evaluation. Carr ier requests that the information (technical or financial) contained herein not be reproduced, disclosed, or used without the prior written permission of Carrier Corporation.

Exhibit "A" Scope of Services and Fee Schedule

Submitted by: Dan Marquez February 16, 2024 Page 2 of 9 City of Lancaster
615 W. Avenue H
Lancaster, CA 93534

1. CARRIER ADVANTAGES
Carrier would like to draw your attention to various points t hat may be of benefit to you in your service provider selection. For the sake of clarity and brevity, these points are outlined in a bulleted format.

LEED, Energy Efficiency, Sustainability
Carrier Corporation has strategic relationships and fully parti cipates in all available REBATES, early retirement and miscellaneous INCENTIVES that are offered by the local utilities, such as Los Angeles Department of Water and Power (LADWP), Southern California Edison (SCE), and San Diego Gas and Electric (SDGE), Glendale Water and Power (GWP) just to name a few.

Experience
The local Greater Los Angeles and Orange County Carrier branches has over 50 technicians locally (thousands nationally) with an average of over fifteen years experience per technician. Our technicians are factory trained and our entire field labor force is union. All the technicians carry digital “smart” field devices that can p rovide instant records, real -time dispatching and status updates for better customer support.

Carrier advocates for continuing education and certification programs for the technicians. All of our journeyman technicians have successfully completed the 7 -Year Apprenticeship program and obtain annual recertification. Carrier also offers many in-house training programs for technical and Environmental, Health and Safety (EH&S).

Around-the-clock support
Carrier can offer you 24 hour a day, 7 day a week, y ear-round service including remote monitoring, emergency repairs, temporary cooling rentals, energy conservation measures (ECM), engineering services, and a whole array of products and services.

Strength
Carrier Corporation is the world’s largest air conditioning manufacturer in the world and is a part of a >$58 billion parent corporation (United Technologies Corporation) with wide reaching resources. From technology to efficiency and profitability…UTC Carrier can put you far beyond where you are today. With our holistic systems approach, you can make meaningful improvements to your operation, and still reduce costs. A well-planned infrastructure and service upgrade means you won’t have to worry about unexpected financial impact of unplanned capital requests and excessive maintenance costs.

Reliability
Carrier prides itself on providing the highest quality products and services. Carrier uses OEM parts whenever and wherever possible. Carrier technicians are trained and must follow a very strict set of EH&S and Pure Safety guidelines on every job site and at all times.

Single Source Supplier
Carrier Corporation has formed strategic alliances with the biggest and best providers of ancillary products and services, such as cooling towers, pumps, boilers, engineering services and energy conservation measures (ECMs). These diverse offerings, coupled with nearly a ce ntury of Carrier equipment and service excellence, are now at your fingertips through one convenient point of contact.

Submitted by: Dan Marquez February 16, 2024 Page 3 of 9 City of Lancaster
615 W. Avenue H
Lancaster, CA 93534

2. SERVICE AGREEMENT S UMMARY
This SERVICE AGREEMENT shall be administrated by Carrier Commercial Service presently located at:

Corporate Office: 2478 Peck Road, City of Industry, CA 90601 - Phone (800) 942-1844

EQUIPMENT/CONTROLS DEVICE SERVICED
See “Equipment/Controls Device List” section for a list of equipment included in this SERVICE AGREEMENT.

AGREEMENT PRICE
The TOTAL AGREEMENT PRICE in year one shall be $10,776.00 payable $2,694.00 every ninety (90) days. The TOTAL AGREEMENT PRICE is $33,976.00 covering a term of 3 year(s).

Year1: Annual price $10,776 payable $2,694.00 per quarter Year2: Annual price $11,316 payable $2,829.00 per quarter Year3: Annual price $11,884 payable $2,971.00 per quarter

Please Note: Labor is based on Carrier's straight time hours; overtime labor is excluded for PM Service

AGREEMENT TERM
This AGREEMENT shall become effective upon April 01, 20 24 and shall continue for a 3 year term and will automatically renew year-to-year thereafter. Either party may terminate this AG REEMENT at the end of the first 1 year term with written 30 days notice. Pricing is per Sourcewell Contract Number 070121-CAR.

ACCEPTANCE AND APPROVAL
This shall become a valid AGREEMENT upon signature by CUSTOMER and signature by a CARRIER representative in the CARRIER Approval blocks below. The undersigned acknowledges and agrees by its signature that the General Provisions, Clarifications and any amendment or addenda prepared by CARRIER with respect thereto constitutes the entire AGREEMENT. No agent of CARRIER or employee shall have au thority to alter or waive any General Provision unless written approval is obtained from CARRIER headquarters.

Submitted By: Dan Marquez Date: 02/16/24

Execution by Authorized Representatives:

CUSTOMER ACCEPTANCE: CARRIER APPROVAL:

Customer Company Name
______________________________________________
Customer Acceptance (signature) Date Carrier Approval (signature) Date ______________________________________________
Customer Acceptance (typed/printed name) Carrier Approval (typed/printed name) ______________________________________________
Title Title
Base Amount $33,976.00
15 % Contingency $5,096.40
TOTAL $39,072.40

Submitted by: Dan Marquez February 16, 2024 Page 4 of 9 City of Lancaster
615 W. Avenue H
Lancaster, CA 93534

3. SERVICE FREQUENCY & TASKS

Item: HVAC Equipment – see attached equipment list
Maintenance Frequency: Quarterly Service on March, June, September and December:

Frequency:

Tasks Year 1
12 A/C Units Total: Quarterly Service
Fujitsu Split Systems (2): Quarterly Service
Air Filter Replacement (Merv-13): Quarterly
Belt Replacement Annual
Condenser Coil Cleaning Annual

PREVENTATIVE MAINTENANCE SERVICE TASKS

A/C EQUIPMENT QUARTERLY SERVICE:

CHECK OVERALL CONDITION OF EQUIPMENT

CHECK CONTROL PANEL FOR ALARMS

REVIEW AND EVALUATE LOG READINGS

CHECK SAFETY CONTROLS

CHECK ELECTRICAL COMPONENTS

CHECK AND TIGHTEN ELECTRICAL CONNECTIONS

BLOW OUT ELECTRICAL COMPARTMENT

CHECK CONTACTORS

CHECK COMPRESSOR OPERATION

CHECK OPERATION OF CRANK CASE HEATERS

CHECK REFRIGERANT PRESSURES

CHECK CONDENSER FAN MOTOR OPERATION

CHECK MOTOR AMP DRAW

VISUALLY INSPECT UNIT FOR REFRIGERANT LEAKS

CHECK CONDENSER COIL FOR DEBRIS

WASH CONDENSER COILS (ONCE PER YEAR)
CHANGE AIR FILTERS EVERY QUARTER (MERV-13)
NOTE: OLD AIR FILTERS WILL BE DISPOSED OF IN CUSTOMER’S TRASH BIN

CHECK INDOOR BLOWER OPERATION

CHECK BELT TENSION AND TIGHTEN IF NEEDED

REPLACE BELTS ONCE PER YEAR

CHECK SHEAVES

CHECK AND GREASE BEARINGS

CHECK EVAPORATOR COIL FOR DEBRIS

CHECK OPERATION OF THERMOSTATIC EXPANSION VALVE

CHECK OPERATION OF ECONMIZER (DURING COOLER CLIMATE)

WASH OUTSIDE AIR FILTERS (ONCE PER YEAR)

CHECK DRAIN PAN AND DRAIN LINE (CLEAN AND BLOW OUT IF NEEDED)

Submitted by: Dan Marquez February 16, 2024 Page 5 of 9 City of Lancaster
615 W. Avenue H
Lancaster, CA 93534

4. EQUIPMENT LIST
Public Works Yard - HVAC Equipment
Modular Building A/C Units
Make Model Qty Type of Equipment Inspections per year
Goodman GPG136000903A 9 Roof Top A/C unit 4
Fujitsu SS A0U36CLX 1 HP - Split System 4
Fleet Building A/C Units
Carrier 48XPN024040311 1 Ground Level A/C Unit 4
AT Building A/C Units
York DH090N10N4AA 1 Roof Top A/C unit 4
Lennox GCS10X-513-75 1 Roof Top A/C unit 4
Fujitsu A0U18RLFC 1 HP – Split System 4

5. EXCLUSIONS

The following items are excluded from this PM contract:
▪ Emergency service calls, labor to diagnose trouble calls, A/C repairs ▪ Any work below the roof line (thermostats, air ducts, registers) ▪ Evaporator Coil Cleaning
▪ Swamp Cooler, Reznor Heater, Exhaust Fan Service
▪ Air Balancing
▪ Overtime Labor
▪ Refrigerant
▪ Any items not specifically listed in this Maintenance Proposal

6. GENERAL PROVISIONS

EMERGENCY RESPONSE
CARRIER will respond on site to CUSTOMER'S request for unscheduled service within 8 hours after customer notifies the CARRIER Service Representative located at:

2478 Peck Road,
City of Industry, CA 90601
(800) 942-1844 - Dispatch Line

HOURLY RATES for EMERGENCY RESPONSE
Regular Hours: Monday through Friday……………..…………………………………………………………….$205.00/hr Weekday After-hours: Saturday and Sunday…………………………………………………………….............$307.50/hr Holidays…………………………………………………………………………………………………...................$410.00/hr Truck Charge (1) per call:……………………………………………………………………………........................$175/call

Submitted by: Dan Marquez February 16, 2024 Page 6 of 9 City of Lancaster
615 W. Avenue H
Lancaster, CA 93534

7. CLARIFICATIONS

ROUTINE OPERATING INSPECTION(S):

Each Routine Operating Inspection is to consist of the task-actions listed herein for each equipment type and to be performed at the frequency listed on the HVAC equipment list.

Note: Upon completion of each visit, Carrier will provide owner a list of recommended corrective measures of any required repairs, irregularities, or additional maintenance for owner’s review – if required.

FILTER CHANGES:

Filters will be replaced at the intervals indicated on the SERVICE AGREEMENT for each applicable equipment). In the event the filter material or cleaning requires different frequencies than indicated (due to experience or changes in operating conditions), recommendations will be made for CUSTOMER’S approval to adjust the frequencies and any associated price.

ANNUAL AIR COOLED CONDENSER COIL CLEANING:

The coils indicated on the SERVICE AGREEMENT herein are to be cleaned at the interval(s) indicated. Coil cleaning consists of cleaning the coil air side surface to remove any airborne particles and dirt build -up using either brush cleaning or chemicals with low pressure wash.

REFRIGERANT LEAK REPAIR LABOR:

Refrigerant leak repair material and labor is excluded from the AGREEMENT and will be a billable extra if required.

Leak repairs consist of tightening bolts and flange fittings, replacing gaskets, replacing o -rings and if necessary welding, soldering or brazing to stop leaks of components or any refrigerant piping on or between two or more pieces of equipment.

EMERGENCY CALLS (Unscheduled Service):

Emergency Calls shall be provided (at documented rates above) when necessary to diagnose problems and perform repairs between scheduled inspections. Unless otherwise indicated herein, Emergency Calls are to be available 365 days per year, 24 hours per day.

Submitted by: Dan Marquez February 16, 2024 Page 7 of 9 City of Lancaster
615 W. Avenue H
Lancaster, CA 93534

ENVIRONMENTAL, HEALTH AND SAFETY ("EH&S")
CARRIER is committed to conducting its operations in compliance with all environmental regulations and to providing a safe and healthful workplace for all of its employees. Our environmental, health and safety goals include preventing incidents that harm the environment, accidental injury to our employees and visitors, and/or exposure to harmful chemical or physical agents. Our goals also include the elimination of accidents that cause property loss, environmental damage, or result in the interruption to our business. To achieve these goals, environmental and safety rules and procedures will be enforced equally with production, quality, cost and ethical standards. Our objective is to provide quality products and services while actively conserving our human and natural resources. CARRIER firmly believes that all accidents and undesirable environmental incidents are preventable. Furthermore, every job can, and will, be done safely and in an environmentally-sound manner. Realization of these goals and objectives will demand maximum effort from every employee.

Carrier’s EH&S GOALS:
➢ Create and maintain “Safety Awareness”. Safety is everyone’s responsibility, therefore make safety an integral part of every service job.
➢ Strive to maintain a hazard-free work environment by requiring everyone to provide special attention to the equipment, processes and procedures utilized in the performance of our work. ➢ Provide for the safeguarding of our employees while improving the effectiveness of our quali ty assurance and customer satisfaction programs.
➢ Ensure compliance with applicable standards, regulations and codes established by local, state and federal agencies (re: OSHA).
➢ Utilize safety and health training, positive reinforcement techniques, identification, evaluation and correction of hazards and unsafe work procedures and performance to achieve regulatory compliance.
➢ Significant reduction in lost-time injuries, reportable accidents with the long range goal of no lost-time injuries and no recordable accidents.
➢ Active participation by all CARRIER employees in applicable aspects of the safety program. ➢ Provide CARRIER service operations with effective training based on both OSHA and CARRIER Safety Standards in the recognition, evaluation and control of hazards and dangerous work procedures and performances.
➢ Establish safety kits to provide proper personal protective equipment for the assigned tasks. ➢ Establishment of procedures for natural disasters, fire and emergency situations, including safe locations, exit routes, methods for accounting for employees in natural disasters. ➢ Achieve and ensure the implementation of the safety program with the performance of safety, health and record-keeping audits by representatives of Carrier’s Safety Committee, and if n ecessary, enforcement through an accepted, written, adequately communicated disciplinary program. ➢ Baseline' plot of equipment under current standard conditions

Submitted by: Dan Marquez February 16, 2024 Page 8 of 9 City of Lancaster
615 W. Avenue H
Lancaster, CA 93534

CARRIER CORPORATION
TERMS AND CONDITIONS OF SALE – EQUIPMENT AND/OR SERVICE

2. EXTRAS- Equipment, parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer’s writte n authorization and paid for as an extra and subject to the terms of this Agreement.

3. RETURNS- No items will be accepted for return without prior written authorization. Returned goods may be subject to a restocking charge. Special order and non-stock items cannot be returned.

4. SHIPMENT- All shipments shall be F.O.B. shipping point, freight prepaid and allowed to the jo b site. Shipment dates quoted are approximate.

Carrier does not guarantee a particular date for shipment or delivery.

5. PARTIAL SHIPMENT- Carrier shall have the right to ship any portion of the equipment included in this Agreement and invoice Customer f or such partial shipment.

6. DELAYS– In the event Carrier is delayed in manufacturing, shipping or delivery by causes beyond the control and without the fault or negligence of Carrier, including but not restricted to acts of God, acts of a public enemy, a cts of government, acts of terrorism, fires, floods, epidemics, quarantine restrictions, freight embargoes, supplier delays, strikes, or labor difficulties, Carrier agrees to notify Customer in writing as soon as practicable of the causes of such delay a nd Carrier shall further be entitled to an extension of the time equivalent to the duration of any such delay and a reasonabl e time in which to recover from said delay to resume production.

7. WARRANTY- Carrier warrants that all equipment manufactured by C arrier Corporation and all Carrier equipment, parts or components supplied hereunder will be free from defects in material and workmanship. Carrier shall at its option repair or replace, F.O.B. point of sale, any equipment, part or component sold by Carrier and determined to be defective within one (1) year from the date of initial operation or eighteen (18) months from date of shipment, whichever is earlier. Carrier does not warrant products not manufactured by Carrier Corporation, but it does pass on to Customer any available manufacturer’s warranty for those products. Carrier warrants that all service provided by Carrier hereunder shall b e performed in a workmanlike manner. In the event any such service is determined to be defective within ninety (90) days of completion of that service, Carrier shall at its option re-perform or issue a credit for such service, Carrier’s obligation to repair or replace any defective equipment, parts or com ponents during the warranty period shall be Customer’s exclusive remedy. Carrier shall not be responsible for labor charges for removal or reinstallation of defective equipment, parts or components, for charges for transportation, handling and shipping or refrigerant loss, or for repairs or replacement of such equipment, parts or components, required as a consequence of faulty installation, misapplication, vandalism, abuse, exposure to chemicals, improper servicing, unauthorized alteration or improper operation by persons other than Carrier. THIS WARRANTY IS GIVEN IN L IEU OF ALL OTHER

WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

8. WORKING HOURS – All services performed under this Agreement including major repairs, are to be provided d uring Carrier’s normal working hours unless otherwise agreed.

9. ADDITIONAL SERVICE- Services or parts requested by Customer in addition to those specified in this Agreement will be provided upon receipt of Customer’s written authorization and invoiced at Carrier’s prevailing labor rates and parts charges. Additional services or parts shall be supplied under the terms of this Agreement.

10. CUSTOMER RESPONSIBILITIES (Service Contracts only) – Customer shall:
• Provide safe and reasonable equipment access and a safe work environment. • Permit access to Customer’s site, and use of building services including but not limited to: water, elevators, receiving dock facilities, electrical service and local telephone service.
• Keep areas adjacent to equipment free of ext raneous material, move any stock, fixtures, walls or partitions that may be necessary to perform the specified service.
• Promptly notify Carrier of any unusual operating conditions. • Upon agreement of a timely mutual schedule, allow Carrier to stop and start equipment necessary to perform service. • Provide adequate water treatment.
• Provide the daily routine equipment operation (if not part of this Agreement) including availability of routine equipment log readings. • Where Carrier’s remote monitoring service is provided, provide and maintain a telephone line with long distance direct dial and answer capability.
• Operate the equipment properly and in accordance with instructions. • Promptly address any issues that arise related to mold, fungi, mildew or bacteria. • Identify and label any asbestos containing material that may be present. The customer will provide, in writing, prior to the s tart of a job, a signed statement regarding the absence or presence of asbestos for any job where the building or the equipment to be serviced is older than 1981. Should this document state that no asbestos is present, the customer will also provide in writing the method used to determine the absence of asbestos.

11. EXCLUSIONS – Carrier is not responsible for items not normally subject to mechanical maintenance including but not limited to: duct work, casings, cabinets, fixtures, structural supports, grillage, water piping, steam piping, drain piping, cooling tower fill, boi ler tu bes, boiler refractory, disconnect switches and circuit breakers. Carrier is not responsible for repairs, replacements, alterations, additions, adjus tments, repairs by others, unscheduled calls or emergency calls, any of which may be necessitated by neglig ent operation, abuse, misuse, prior improper maintenance, vandalism, obsolescence, building system design, damage due to freezing weather, chemical/electrochemical attack, corrosion, erosion, deterioration due to unusual wear and tear, any damage related to the presence of mold, fungi, mildew, or bacteria, damage caused by power reductions or failures or any other cause beyond Carrier’s control. Carrier shall not be required to perform tests, install any items of equipment o r make modifications that may be recommended or directed by insurance companies, government, state,

Submitted by: Dan Marquez February 16, 2024 Page 9 of 9 City of Lancaster
615 W. Avenue H
Lancaster, CA 93534

municipal or other authority. However, in the event any such recommendations occur, Carrier, at its option, may submit a pro posal for Customer’s consideration in addition to this Agreement. Carrier shall not be required to repair or replace equipment that has not been properly maintained.

12. EQUIPMENT CONDITION & RECOMMENDED SERVICE (Service Contracts only) – Upon the initial scheduled operating and/or initial annual stop inspection, should Carrier determine the need for repairs or replacement, Carrier will provide Customer in writing an ‘equipment condition’ report including recommendations for corrections and the price for repairs in addition to this Agreement. In the event Carrier re commends certain services (that are not included herein or upon initial inspection) and if Customer does not elect to have such services prope rly performed in a timely fashion, Carrier shall not be responsible for any equipment or control failures, operabi lity or any long -term damage that may result. Carrier at its option will either continue to maintain equipment and/or controls to the best of its ability, without any responsibility, or remove such equipment from this Agreement, adjusting the price accordingly.

13. PROPRIETARY RIGHTS (Service Contracts only) - During the term of this Agreement and in combination with certain services, Carrier may elect to install, attach to Customer equipment, or provide portable devices (hardware and/or software) that shal l remain the personal proprietary property of Carrier. No devices installed, attached to real property or portable device(s) shall become a fixture of the Cus tomer locations. Customer shall not acquire any interest, title or equity in any hardware, softw are, processes, and other intellectual or proprietary rights to devices that are used in connection with providing service on Customer equipment.

14. LIMITATION OF LIABILITY- Under no circumstances shall Carrier be liable for any incidental, special or consequential damages, including loss of revenue, loss of use of equipment or facilities, or economic damages based on strict liability or negligence. Carrier shall b e liable for damage to property, other than equipment provided under this Agreement, and to p ersons, to the extent that Carrier’s negligent acts or omissions directly contributed to such injury or property damage. Carrier’s maximum liability for any reason (except for personal injuries) shall consist of the refunding of all moneys paid by Customer to Carrier under this Agreement.

15. CANCELLATION- Customer may cancel this Agreement only with Carrier’s prior written consent, and upon payment of reasonable cancellation charges. Such charges shall take into account costs and expenses incurred, and pu rchases or contract commitments made by Carrier and all other losses due to the cancellation including a reasonable profit.

16. CUSTOMER TERMINATION FOR CARRIER NON -PERFORMANCE – Customer shall have the right to terminate this Agreement for Carrier’s non-performance provided Carrier fails to cure such non -performance within 30 days after having been given prior written notice of the non - performance. Upon early termination or expiration of this Agreement, Carrier shall have free access to enter Customer loc ations to disconnect and remove any Carrier personal proprietary property or devices as well as remove any and all Carrier -owned parts, tools and personal property.

Additionally, Customer agrees to pay Carrier for all incurred but unamortized service cost s performed by Carrier including overheads and a reasonable profit.

17. CARRIER TERMINATION – Carrier reserves the right to discontinue its service any time payments have not been made as agreed or if alterations, additions or repairs are made to equipment during the term of this Agreement by others without prior agreement between Customer and Carrier.

18. CLAIMS - Any suits arising from the performance or nonperformance of this Agreement, whether based upon contract, negligence, and stri ct liability or otherwise, shall be brought within one (1) year from the date the claim arose.

19. GOVERNMENT PROCUREMENTS- The components, equipment and services provided by Carrier are “commercial items” as defined in Section

2.101 of the Federal Acquisition Regulations ("FAR"), and the prices of such components, equipment and services are based on Carrier's commercial pricing policies and practices (which do not consider any special requirements of U.S. Government cost principles, FAR Part 3 1, or any similar procurement regulations). As such, Carrier will not agree to provide or certify cost or pricing data, nor will Carrier agree to comply with the Cost Accounting Standards (CAS). In addition, no f ederal government procurement regulations, such as FARs or DFARs, shall apply to this Agreement except those regulations expressly accepted in writing by Carrier.

20. HAZARDOUS MATERIALS- Carrier is not responsible for the identification, detection, abatement, encapsulating or removal of asbestos, products or materials containing asbestos, similar hazardous substances, or mold, fungi, mildew, or bacteria. If Carrier encounters any asbestos or other hazardous material while performing this Agreement, Carrier may suspend its work and remove its employees from the project, until such material and any hazards associated with it are abated. The time for Carrier’s performance shall be extended accordingly, and Carrier sha ll be compensated for the delay.

21. WASTE DISPOSAL - Customer is wholly responsible for the removal and proper dispo sal of waste oil, refrigerant and any other material generated during the term of this Agreement.

22. SUPERSEDURE, ASSIGNMENT and MODIFICATION - This Agreement contains the complete and exclusive statement of the agreement between the parties and supersedes all previous or contemporaneous, oral or written, statements. Customer may assign this Agreement only with Carrier’s prior written consent. No modification to this Agreement shall be binding unless in writing and signed by both parties.

23. CUSTOMER CONSENT - Customer consents and agrees that Carrier may, from time to time, publicize Carrier related projects with Customer, including the value of such projects, in all forms and media for advertising, trade, and any other lawful purposes.

24. FOR WORK BEING PERFORMEND IN CALIFORNIA: Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

Equipment and/ or Service
CCS-TCES 040811

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Solicitation Number: RFP #070121

CONTRACT

This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Carrier Global Corporation, 5900-H Northwoods Bus Pkwy., Charlotte, NC 28269 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for HVAC Systems and Related Services from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT

A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires August 12, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES

A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

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Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new andthe current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be

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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:

x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;

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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell

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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be negotiateddirectly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:

x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased

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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any third-party claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.

Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

Under no circumstances will Supplier be liable for any incidental, special, liquidated or consequential damages, including loss of revenue, loss of use of equipment or facilities, or economic damages based on strict liability or negligence.

12. GOVERNMENT DATA PRACTICES

Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.

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b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.

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14. GOVERNING LAW, JURISDICTION, AND VENUE

The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

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2. A material breach of any term or condition of this Contract.

The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance of the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts listed below:

Limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles

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in limits of liability as indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Limits:
$2,000,000 per occurrence and in aggregate

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Limits:
$2,000,000 per claim
$2,000,000 annual aggregate

Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is

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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors, except such rights as Supplier has to proceeds. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.

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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names

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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. Any order requiring Buy American provisions will not be accepted until Supplier confirms in writing it can comply with the specific applicable Buy American clause cited. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation

070121-CAR

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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

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T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

U. FEDERAL GOVERNMENT REQUIREMENTS STIPULATION. Supplier is a commercial entity and the components, equipment and services to be included by Supplier in its proposal and to be provided in the event of an award are offered on the basis that they constitute commercial items as defined in the Federal Acquisition Regulations ("FAR"). Similarly, the prices to be offered by Supplier in its proposal, and which would be offered in any resulting contract and any modifications or changes to such contract are based on Supplier's standard commercial accounting policies and practices. Supplier’s accounting practices comply fully with U.S. GAAP, but do not take into account any additional or special requirements of Cost Accounting Standards, nor meet the requirements of FAR Part 31 or any similar procurement regulations, including those of the U.S. Department of Defense. Accordingly, Supplier makes its proposal based on its belief that an award can be made to Supplier consistent with FAR Part 12 - "Acquisition of Commercial Items,” and that submission of cost and pricing data consistent with CAS/FAR Part 31 will not be required. Supplier does not accept and will not be held liable for any flow down requirements unless specifically agreed to in writing.

22. CANCELLATION

Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Carrier Global Corporation

By: __________________________ By: __________________________ Jeremy Schwartz Simon C. Walls
Title: Chief Procurement Officer Titl e: Global Strategic Accounts Leader

Date: ________________________

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Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO

Date: ________________________

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STAFF REPORT
City of Lancaster
CC 7
3/26/2024
JC
Date:March 26, 2024
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Michael Harne, Assistant Director – Maintenance Services Subject:Purchase of Ameron Street Light Replacement Poles and Traffic Signal Poles from Del Sol Resources
Recommendation:

Approve the yearly expenditure authority in an amount not to exceed $603,280.00 with Ameron c/o Del Sol Resources for street light replacement poles and traffic signal poles.

Fiscal Impact:

1. Not to exceed $603,280.00 for FY 2023-2024 and subsequent fiscal year, including previously made purchases with budget appropriated to various 422 funds for Lighting Maintenance District and Capital Improvements budgets.

2. Not to exceed $603,280.00 each fiscal year for FY 2023-2024 through FY 2024-2025 with budget appropriated to various Lighting Maintenance District and Capital Improvements budgets.

Background:

In 2017, the City of Lancaster initiated the purchase of the existing street light system from Southern California Edison. Southern California Edison had previously standardized the equipment used to a type of Ameron octagonal street light pole. The City determined that Ameron's octagonal street light poles should continue to be the standard product used. Ameron is also the sole distributor for our current traffic signal poles specifications, which are required per Caltrans Standards. Ameron additionally provides the arms and other parts needed to maintain these standardized poles. The selection of a standard product allows for greater consistency during maintenance, aggregation of purchases for better prices, and quicker access to stock needed for emergency repairs. The City regularly purchases these poles to repair damages from traffic accidents, perform upgrades, and for various Capital Improvement projects. This product is only available from Ameron c/o Del Sol Resources. Del Sol Resources (Del Sol) is the Ameron sales representative for the Southern California market and, per their agreement, has the exclusive right 1 5
7 3
to represent Ameron in Southern California. It was determined on March 5, 2024, that this agreement with Ameron is a sole source award. Due to the increase in damaged poles and the need for continued upgrades to existing poles that do not meet City standards, staff determined that additional expenditure authority is needed.

HA:sm

INTERNAL MEMO
To:

From:

Date:

Subject:

BB=
In 2017, the City of Lancaster initiated the purchase of the existing street light system from Southern California Edison. Southern California Edison had previously standardized the equipment used to a type of Ameron octagonal street light pole. The City
determined that Ameron's octagonal street light poles should continue to be the standard product used. Ameron is also the sole distributor for our current traffic signal poles
specifications, which are required per Caltrans standa rds. Ameron additionally provides the arms and other parts needed to maintain these standa rdized poles. The selection
of a standard product allows for greater consistency during maintenance, aggregation of purchases for better prices, and quicker access to stock needed for emergency repairs. The City regularly purchases these poles to repair damages from traffic accidents, perform upgrades, and for various Capital Improvement projects. This product is
only available from Ameron c/o Del Sol Resources. Del Sol Resources (Del Sol) is the Ameron sales representative for the Southern California market and, per their agreement, has the exclusive right to represent Ameron in Southern California.

George Harris, Director-Finance
Mike Harne, Assistant Director-Maintenance Services
02/22/24
Sole Source/Standardization Purchase Rquest
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Internal Memo-Ameron
Final Audit Report 2024-03-05
Created: 2024-03-05
By: Sandra Mendez ([email protected])
Status: Approved
Transaction ID: CBJCHBCAABAAvXevS1VZbS76Bm1QfnCAmz1tO_Es_vWr "Internal Memo-Ameron" History
Document created by Sandra Mendez ([email protected]) 2024-03-05 - 7:13:19 PM GMT- IP address: 216.64.186.226 Document emailed to [email protected] for approval 2024-03-05 - 7:13:44 PM GMT
Email viewed by [email protected]
2024-03-05 - 7:46:15 PM GMT- IP address: 174.193.195.44 Signer [email protected] entered name at signing as Michael Harne 2024-03-05 - 7:46:57 PM GMT- IP address: 174.193.195.44 Document approved by Michael Harne ([email protected]) Approval Date: 2024-03-05 - 7:46:59 PM GMT - Time Source: server- IP address: 174.193.195.44 Document emailed to [email protected] for approval 2024-03-05 - 7:47:00 PM GMT
Email viewed by [email protected]
2024-03-05 - 9:54:23 PM GMT- IP address: 216.64.186.226 Signer [email protected] entered name at signing as George Harris 2024-03-05 - 9:55:03 PM GMT- IP address: 216.64.186.226 Document approved by George Harris ([email protected]) Approval Date: 2024-03-05 - 9:55:05 PM GMT - Time Source: server- IP address: 216.64.186.226 Agreement completed.
2024-03-05 - 9:55:05 PM GMT

STAFF REPORT
City of Lancaster
CC 8
3/26/2024
JC
Date: March 26, 2024
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Director - Community Development Christopher Aune, Housing Manager - Housing and Economic Development Subject: Additional First Time Homebuyer Program Grant Funding Recommendations:

1. Authorize the appropriation of additional future HOME funding to the First Time Homebuyer Program, up to a maximum cumulative amount of $3,000,000.00.

2. Authorize the City Manager or his designee to negotiate and execute individual loan agreements of up to $150,000.00 each with qualified homebuyers under the parameters of the First Time Homebuyer Program, up to a maximum cumulative amount of $3,000,000.00 with the concurrence of the City Attorney.

Fiscal Impact:

None. Sourced from the City’s allocation of U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnership Program (HOME) funding. These funds are designed for exclusive use in affordable housing activities.

Background:

On December 13, 2022, the City Council approved the First Time Homebuyer (FTHB) Program.

The total HOME grant amount was approved for $1,657,393.00 In September 2023, the City received an additional $543,458.00 in HOME grant funding for a total amount of $2,200,851.00.

Currently, the FTHB Program has funded seven eligible, qualified families at a total amount of $1,035,000.00. The remaining $1,166,000.00 will be expended by the end of this summer and provide homeownership opportunities to an additional eight hard working families.

The City will continue to receive annual HOME grant funding. Taking into consideration next year’s (2024-2025) HOME grant allocation, staff is requesting Council authorize the City Manager or his designee to negotiate and execute individual loan agreements of up to $150,000.00 each with qualified homebuyers under the parameters of the FTHB Program, up to a maximum cumulative amount of $3,000,000.00.

The FTHB Program assists families and individuals who wish to purchase a home but are unable to secure a sufficient down payment to qualify for an affordable loan. A Program loan provides down payment assistance in the form of a silent second mortgage to eligible first-time homebuyers within the Lancaster City limits.

This FTHB loan is a non-interest-bearing loan, with repayment deferred until the sale, transfer, lease, or encumbrance of all or any interest in the Property without the City’s prior written consent, upon a declaration of default of the Affordable Housing Restriction, or the triggering of an acceleration clause of the promissory note. FTHB Program loans will incorporate forgiveness terms on all promissory notes. Loan amounts will be forgiven at a rate of ten percent (10%) per completed year, starting with year six (6). This forgiveness schedule results in a 100 percent grant at the end of year 15.

In order to be eligible for funding, applicants’ household income must fall below 80% of the County median income, which is published each year. The current limits are listed below:

Low-Income (80% of Area Median) *
Household Size Income Limit
1 $70,650
2 $80,750
3 $90,850
4 $100,900
5 $109,000
6 $117,050
7 $125,150
8 $133,200
Based on 2023 Median Income for Los Angeles County. (Effective June 15, 2023) CA/js

STAFF REPORT
City of Lancaster
CC 9
3/26/2024
JC
Date: March 26, 2024
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Nicholas Godin, Assistant Director – PW City Engineering Subject: Award of Bid and Task Order for Multi-Year Professional Services (Service Group Category 16 – Labor Compliance) – PWCP 23-004 - Edgeline Refresh Program HSIPSL-5419(065)
Recommendations:

1. Award PWCP No. 23-004, Edgeline Refresh Program HSIPSL-5419(065), to Sterndahl Enterprises, LLC of Sun Valley, California, in the amount of $207,043.75, plus a 20% contingency, to refresh 48 miles of roadway edgelines at various locations, in accordance with California Public Contract Code Section 22038(b). Authorize the City Manager, or his designee, to sign all documents.

2. Find that the City has complied with the California Environmental Quality Act. A Notice of Exemption was filed on March 29, 2022.

3. Authorize Task Order expenditure amount of $2,588.05, plus a 5% contingency for labor compliance services award to the successful firm in Multi-Year Professional Services Agreement, Service Group Category (SGC) 16 – Labor Compliance.

Fiscal Impact:
$251,169.95 (including 20% construction contract contingency and 5% labor compliance contingency); sufficient funds are available in Capital Improvement Budget project string CP12TC005.CONST GL Code 21749900.8000, and 23049900.8000.

Background:

The proposed project is funded by the State of California, Department of Transportation (Caltrans) approved Highway Safety Improvement Program (HSIP) Cycle 10 funding and local matching funds. This project will include refreshing roadway edgelines with thermoplastic material at eight (8) segments within Lancaster city limits as follows:
•40th Street East - Lancaster Boulevard to Avenue K-8
1 5
7 5
•60th Street West – Avenue E to Avenue J
•80th Street West – Avenue K to Avenue L
•Avenue F - 70th Street West to 60th Street West
•Avenue G – 70th Street West to 50th Street West
•Avenue I – 37th Street East to 40th Street East
•Avenue J – 32nd Street East to 50th Street East
•Avenue J (south side)– 50th Street East to 85th Street East •Avenue K – 35th Street East to 107th Street East
Per Section 2.2 of the Existing Community Workforce Agreement (“CWA”), this project is subject to the CWA by and between the City of Lancaster and Los Angeles/Orange Counties Building and Construction Trades Council, and the Signatory Craft Councils and Unions (“CWA”). The PWCP 23-004 contract documents were prepared, and the project was advertised accordingly. Per Section

2.6(b) of the CWA, Letters of Assent shall be submitted by the Contractor and each of its subcontractors, of whatever tier, forty-eight (48) hours prior to commencement of work, or within forty-eight (48) hours after the award of Project Work to that Contractor (or subcontractor), whichever occurs later.

On February 13, 2024, at 11:00 a.m., the City conducted an electronic bid opening for PWCP 23-004, Edgeline Refresh Program HSIPSL 5419(065), via PlanetBids. Sterndahl Enterprises, LLC was the lowest responsive responsible bidder amongst three (3) bids. The responsive responsible bids were as follows:

Contractor City Bid Amount

1. Sterndahl Enterprises, LLC Sun Valley, CA $207,043.75

2. Superior Pavement Marking, Inc Cypress, CA $325,242.50

3. Chrisp Company Santa Paula CA $329,206.50 Engineer's Estimate $278,454.55 On November 8, 2022, the City Council approved Multi-Year Professional Service Agreements for Service Group Category (SGC) 16: Labor Compliance, with the consulting firms recommended by staff to be pre-qualified service providers through December 31, 2026. The Multi-Year Agreement permits City staff to issue Task Orders for individual projects to one of these prequalified firms. Proposals have been requested and a task order will be executed with one of these firms:
•Cumming Management Group, Inc.
•Golden State Labor Compliance, LLC
•Perceptive Enterprises, Inc.

SN:EF/km
Attachment:

Vicinity Map
LA County, City of Lancaster
0 2 41 mi
0 3.5 71.75 km
1:120,373
ArcGIS Web AppBuilder
City of Lancaster | City of Lancaster IT | James Kulbacki City Boundary
Project Locations
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REVISED FEBRUARY 1, 2024
PWCP 23-004 - Edgeline Refresh Program HSIPSL-5419(065)

STAFF REPORT
City of Lancaster
CC 10
3/26/2024
JC
Date: March 26, 2024
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Nicholas Godin, Assistant Director – PW City Engineering Subject: Award of Bid and Task Order Expenditure for Multi-Year Professional Services (Service Group Category 16 – Labor Compliance) - PWCP 23-005 – High Visibility Crosswalk Standardization Project HSIPSL-5419(064) Recommendations:

1. Award of PWCP 23-005, High Visibility Crosswalk Standardization Project HSIPSL- 5419(064), to Superior Pavement Markings, of Cypress, California, in the amount of $525,026.00, plus a 20% contingency, to upgrade existing crosswalks to high-visibility continental-style crosswalks using thermoplastic material, in accordance with California Public Contract Code Section 22038(b). Authorize the City Manager, or his designee, to sign all documents.

2. Find that the City has complied with the California Environmental Quality Act. A Notice of Exemption was filed on June 9, 2023.

3. Authorize Task Order expenditure amount of $5,250.26, plus a 5% contingency for labor compliance services award to the successful firm in Multi-Year Professional Services Agreement, Service Group Category (SGC) 16 – Labor Compliance.

Fiscal Impact:
$635,543.97 (including 20% construction contract contingency and 5% labor compliance contingency); sufficient funds are available in Capital Improvements Budget in project string CP16TC003.CONST GL Codes 21149900.8000, 21749900.8000, and 23049900.8000.

Background:

The proposed project is funded by the State of California, Department of Transportation (Caltrans) approved Highway Safety Improvement Program (HSIP) Cycle 10 funding and local matching funds. This project will include systematically upgrading crosswalks to high-visibility continental-style crosswalks using thermoplastic material at 53 intersections listed below:
1 5
7 6

•Avenue H & BYD Boulevard (7th St West)
•Avenue H & 10th St West
•Avenue H & 20th St West
•Avenue H & 25th St West
•Avenue I & 27th St West
•Avenue I & 23rd St West
•Avenue I & 20th St West
•Avenue I & 15th St West
•Avenue I & 13th St West
•Avenue I & Fern Avenue
•Avenue I & Trevor Avenue
•Avenue I & Division St
•Avenue I & 3rd St East
•Avenue I & 5th St East
•Avenue I & Challenger Way
•Lancaster Boulevard & 20th St East
•Lancaster Boulevard & Challenger Way
•Avenue J-4 & 26th St East
•Lancaster Boulevard & 20th St West
•Lancaster Boulevard & Valley Central Way
•Lancaster Boulevard & 25th St West
•Lancaster Boulevard & 30th St West
•Lancaster Boulevard & 32nd St West
•Avenue J & 35th St West
•Avenue J & 30th St West
•Avenue J & 25th St West
•Avenue J-8 & 45th St West
•Avenue J-8 & 35th St West
•Avenue J & Challenger Way
•Avenue J & 15th St East
•Avenue J & 17th St East
•Avenue J & 20th St East
•Avenue J & 30th St East
•Avenue J-8 & 35th St East
•Avenue J-8 & 30th St East
•Avenue J-8 & 20th St East
•Avenue J-8 & Challenger Way
•Avenue J-6 & 36th St West
•Avenue K & 20th St West
•Avenue J & 21st St East
•Avenue K & Division St
•Avenue K & 5th St East
•Avenue K & 15th St East
•Avenue K & 20th St East
•Avenue K & 30th St East
•Avenue L & 35th St West
1 5
7 6
•Avenue K-8 & 15th St West
•Avenue L & Business Center Parkway
•Avenue L & Sierra Highway (East Ramp)
•Avenue L & 30th St West
•Avenue L-8 & 30th St West
•Avenue L-8 & 10th St West
•Avenue L-12 & 10th St West
Per Section 2.2 of the Existing Community Workforce Agreement (“CWA”), this project is subject to the CWA by and between the City of Lancaster and Los Angeles/Orange Counties Building and Construction Trades Council, and the Signatory Craft Councils and Unions (“CWA”). The PWCP 23-005 contract documents were prepared, and the project was advertised accordingly. Per Section

On Tuesday, February 13, 2024, at 11:00 a.m., the City conducted an electronic bid opening for High Visibility Crosswalk Standardization Project HSIPSL-5419(064) via PlanetBids. Superior Pavement Markings was the lowest responsive bidder amongst four (4) bids. The responsive responsible bids were as follows:

Contractor City Bid Amounts

1. Superior Pavement Markings Cypress, CA $525,026.00

2. Chrisp Company Santa Paula, CA $526,170.00

3. Toro Enterprises, Inc Oxnard, CA $574,227.50

4. Sterndahl Enterprises LLC Sun Valley, CA $590,695.00 Engineer's Estimate $ 490,181.82
On November 8, 2022, the City Council approved Multi-Year Professional Service Agreements for Service Group Category (SGC) 16: Labor Compliance, with the consulting firms recommended by staff to be pre-qualified service providers through December 31, 2026. The Multi-Year Agreement permits City staff to issue Task Orders for individual projects to one of these prequalified firms. Proposals have been requested and a task order will be executed with one of these firms:
•Cumming Management Group, Inc.
•Golden State Labor Compliance, LLC
•Perceptive Enterprises, Inc.

SN:VG/km
Attachment:

Vicinity Map

VICINITY MAP
PWCP 23-005 - HIGH VISIBILITY CROSSWALK STANDARDIZATION PROJECT

STAFF REPORT
City of Lancaster
CC 11
3/26/2024
JC
Date: March 26, 2024
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Nicholas Godin, Assistant Director – PW City Engineering Subject: Award of Bid and Task Order for Multi-Year Professional Services (Service Group Category 16 – Labor Compliance) – PWCP 23-006 – Guardrail Improvements HSIPSL-5419(060)
Recommendations:

1. Award of PWCP 23-006, Guardrail Improvements HSIPSL-5419(060), to AZ Construction, Inc., dba ACE Fence Company, of La Puente, California, in the amount of $297,800.00, plus a 20% contingency, to repair damaged guardrail at various locations. Authorize the City Manager, or his designee, to sign all documents. This contract is awarded to the lowest responsible bidder per California Public Code Section 22038 (b).

2. Find the City has complied with the California Environmental Quality Act. A Notice of Exemption was filed on May 23, 2023.

3. Authorize Task Order expenditure amount of $3,722.50, plus a 5% contingency for labor compliance services award to the successful firm in Multi-Year Professional Services Agreement, Service Group Category (SGC) 16 – Labor Compliance.

Fiscal Impact:
$361,268.63 (including 20% construction contract contingency and 5% labor compliance contingency); sufficient funds are available in Capital Improvements Budget in project string CP12ST050.CONST, GL Accounts 21749900.8000, and 23049900.8000.

Background:

The proposed project is funded by the State of California, Department of Transportation (Caltrans) approved Highway Safety Improvement Program (HSIP) Cycle 10 funding and local matching funds. This project will include systematically replacing damaged guardrails at distinct intersections.
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The proposed guardrail replacement will take place at four distinct intersections: Avenue H and Sierra Highway, Avenue L and Sierra Highway, Avenue I and 50th Street West, and Avenue I and 60th Street West.

Per Section 2.2 of the Existing Community Workforce Agreement (“CWA”), this project is subject to the CWA by and between the City of Lancaster and Los Angeles/Orange Counties Building and Construction Trades Council, and the Signatory Craft Councils and Unions (“CWA”). The PWCP 23-006 contract documents were prepared, and the project was advertised accordingly. Per Section

On February 20, 2024, at 11:00 a.m., the City conducted an electronic bid opening for Guardrail Improvements HSIPSL-5419(060) via PlanetBids. AZ Construction Inc., dba ACE Fence Company, was the lowest responsive responsible bidder amongst two (2) bids. The responsive responsible bids were as follows:

Contractor City Bid Amounts

1. AZ Construction Inc., La Puente, CA $ 297,800.00 dba ACE Fence Company

2. C&W Construction Specialties Ventura, CA $ 318,958.00 Engineer's Estimate $ 158,727.27 On November 8, 2022, the City Council approved Multi-Year Professional Service Agreements for Service Group Category (SGC) 16: Labor Compliance, with the consulting firms recommended by staff to be pre-qualified service providers through December 31, 2026. The Multi-Year Agreement permits City staff to issue Task Orders for individual projects to one of these prequalified firms. Proposals have been requested and a task order will be executed with one of these firms:
•Cumming Management Group, Inc.
•Golden State Labor Compliance, LLC
• Perceptive Enterprises, Inc.

SN:AS/km
Attachment:

Vicinity Map
Antelope Valley
California
Poppy Preserve
(State Natural
Reserve)
Elizabeth Lake
138
Antelope Acres
Co lumbia Way
W Avenue K
60th
St
W
Elizabeth L
ake Rd
W Avenue J
20th St W
W Avenue L
Si
erra
Hwy
30 th S
tW
14 Rancho Vista
Golf Course
General William
J Fox Airfield
Del sur
Quartz Hill
Lancaster
P i u t e
P o n d s
Redman
Challenger Way
E Avenue M
50th St
E
Sier
ra Hwy
Palmdale
Regional
Airport
City Boundary
LEGEND
Guardrail Replacement
PWCP 23-006

VICINITY MAP

GUARDRAIL IMPROVEMENTS

STAFF REPORT
City of Lancaster
CC 12
3/26/2024
JC
Date: March 26, 2024
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Nicholas Godin, Assistant Director – PW City Engineering Subject: Acceptance of Public Works Construction Project No. 23-010 – Sierra Highway Resurfacing
Recommendation:

Accept the work constructed by R.C. Becker & Son, Inc., for Construction Project No. 23-010, Sierra Highway Resurfacing, and direct the City Clerk to file the Notice of Completion for the project. Retention on this project shall be disbursed in accordance with California Public Contract Code Section 22038(b).

Fiscal Impact:
$1,511,683.97 (including 20% contingency) was awarded based on the original contract. There was one (1) Contract Change Order for this project in the amount of ($45,959.46), which brought the contract cost from $1,259,736.64 to $1,213,777.18. Sufficient funds were available in Capital Improvements Budget Account numbers CP12ST051.CONST, GL Account 22049900.8000, and 21349900.8000.

Background:

On July 1, 2022, the Los Angeles County Metropolitan Transportation Authority (LACMTA) and the City executed an Exchange Agreement and Assignment of Federal Highway Infrastructure Program (HIP) Funds with LACMTA Local Transportation Funds (LTF) in the amount of $754,676.00, with Proposition C Local Return match funds totaling $860,418.00.

The proposed project, as part of the City’s Pavement Management Program (PMP), included approximately 2.5 lane-miles of roadway repair and resurfacing along Sierra Highway from Avenue I to Lancaster Boulevard.

Per Section 2.2 of the Existing Community Workforce Agreement (“CWA”), this project was subject to the CWA by and between the City of Lancaster and Los Angeles/Orange Counties Building and Construction Trades Council, and the Signatory Craft Councils and Unions 1 5
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(“CWA”). The PWCP 23-010 contract documents were prepared, and the project was advertised accordingly. Per Section 2.6(b) of the CWA, Letters of Assent were submitted by the Contractor and each of its subcontractors, of whatever tier, forty-eight (48) hours prior to commencement of work, or within forty-eight (48) hours after the award of Project Work to that Contractor (or subcontractor), whichever occurred later.

Construction of the project has been completed of the satisfaction of the Director of Public Works.

The project was substantially completed on August 22, 2023, which was within the time permitted by the contract. The construction quantities and the amount of payment have been approved by the Contractor and Director of Public Works.

The total contract cost was $1,213,777.18.

ML:AK/km
Attachment:

Notice of Completion

RECORDING REQUESTED BY:

CITY OF LANCASTER

WHEN RECORDED MAIL TO:

CITY OF LANCASTER

CITY CLERK DEPARTMENT
44933 N. FERN AVENUE
LANCASTER, CA 93534

SPACE ABOVE THIS LINE FOR RECORDER'S USE
This document is exempt from payment of a recording fee pursuant to government Code Section 6103 and 27383.

NOTICE OF COMPLETION OF

PUBLIC IMPROVEMENT AND WORK

NOTICE IS HEREBY GIVEN:

1. The City of Lancaster, Los Angeles County, State of California, is the owner on file of a certain public improvement known as:

Public Works Construction Project No. 23-010 - Sierra Highway Resurfacing

2. The address of said owner is 44933 Fern Avenue, Lancaster, California 93534.

3. The location of said public improvement is as follows: PWCP 23-010 Sierra Highway Resurfacing. See Exhibit ‘A’ attached hereto and made a part hereof.

4. On May 16, 2023, a contract was entered into with R.C. Becker and Son, Inc., for the construction, installation, and completion of the above described public improvement and work, and filed for record in the office of the City Clerk of the City of Lancaster.

5. The work was completed on August 22, 2023, by said company according to the plans and specifications and to the satisfaction of the Director – Public Works, and was accepted by the City on March 26, 2024. That upon said contract Fidelity and Deposits Company of Maryland was surety for the bond given by the said company as required by law.

ATTEST:

ANDREA ALEXANDER
City Clerk
City of Lancaster
DATED this _____ day of _____________, 20__

CITY OF LANCASTER

BY:

MARISSA DIAZ
Director – Public Works
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

DATE SIGNATURE

PLACE OF EXECUTION

PWCP 23-010 SIERRA HIGHWAY RESURFACING

VICINITY MAP
Avenue I to Lancaster Boulevard

STAFF REPORT
City of Lancaster
CC 13
3/26/2024
JC
Date: March 26, 2024
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Nicholas Godin, Assistant Director – PW City Engineering Subject: SPR 21-12 – Acceptance of Improvements (Traffic Signals) Recommendation:

Approve the completed traffic signal installed by the developer for the following project:

Project No. Location/Owner
Site Plan Review No. 21-12 Northeast Corner Avenue K and 15 th Street West Owner: TRU 2005 RE I, LLC
Fiscal Impact:

Estimated value of Capital assets accepted is $246,925.00.

Background:

The traffic signal has been constructed and completed by the developer according to the approved plans and specifications. The work has been inspected and found to be satisfactory to the Director of Public Works.

SC:TL/km
Attachment:

Vicinity Map
SPR 21-12

STAFF REPORT
City of Lancaster
CC 14
3/26/2024
JC
Date: March 26, 2024
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Director – Community Development Nicole Jones, Senior Analyst – Community Development
Subject: Approval of the Annual Report for the Downtown Lancaster Property and Business Improvement District
Recommendation:

Approve the Downtown Lancaster Property and Business Improvement District (PBID) Annual Report for 2023 submitted by The BLVD Association.

Fiscal Impact:

None.

Background:

In July 2013, with the support of more than 73% of downtown property owners, the Lancaster City Council established the Downtown Lancaster PBID. The PBID was subsequently renewed in 2018 for another five-year term and in 2023 for a ten-year term.

The creation of the PBID established a funding mechanism which generates approximately $330,000.00 annually. These funds are utilized by The BLVD Association to create a more vibrant downtown and help its member businesses thrive. Funds are allocated in three major categories:

Clean & Safe, Marketing and Promotions, and Administration & Advocacy. Each year, the BLVD Association is required to submit an annual report of its activities.

Clean & Safe
In 2023, The BLVD Association’s Clean & Safe Committee continued its focus on maintenance and security services in the form of Clean Teams and The BLVD Ambassadors. Two Clean Teams from local nonprofit Desert Haven Enterprises continue to conduct cleanup and beautification efforts throughout the downtown district weekly to ensure the general cleanliness and aesthetic appeal of The BLVD. The Association has also contracted with Streetplus to continue The BLVD Ambassadors Program, a private security and ambassador program for the downtown district. 1 5
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Marketing & Promotions
The Association continued a variety of marketing efforts to attract patrons to the downtown area in 2023. Advertising efforts encompassed social media and the web. The Association also organized and/or participated in several special events, ranging from the City’s Farmers’ Market, the Tour De Luc, and annual events such as Small Business Saturday and the City’s Magical BLVD Christmas. The Association also hosted three of its own events in February, June and August culminating in 20,000 attendees.

Administration & Advocacy
The third component of the PBID budget and governance is Administration & Advocacy. This category encompasses the administration of Clean & Safe and Marketing & Promotions programs, as well as community involvement and representation.

The BLVD Association hosted a board retreat that focused on working with the newly elected Board members for the 2023 term, identified goals, and conducted strategic planning with the new team. In addition, the biannual audit of the BLVD Association’s financial statements was performed, and determined that all financial statements were accurate and complete.

LD/NJ/hb
Attachment:

The BLVD Association 2023 Annual Report

2023
Annual Report

2 Introduction
In 2013, The BLVD Association (Association) partnered with the City to establish the Downtown Lancaster Property and Business Improvement District (PBID), the first-ever district of its kind in the City of Lancaster. Through this effort, the downtown area’s previous business district was transformed from an entity that generated approximately $25,000 annually into an organization with more than $ 300,000 in resources to promote The BLVD and help its member businesses thrive. The PBID was established for a five-year period, from January 1, 2014 through December 31, 2018. The PBID was renewed in 2018 for a nother five-year period, from January 1, 2019 through December 31, 2023. Support for the continuance of the PBID was sufficiently strong to renew it a third time in 2023, this time for a ten -year period from January 1, 2024 to December 31, 2033,
The members of the 2023 board represented a wide range of industries and expertise, from restaurateurs and retailers to professional and personal services:

➢ President: Tim Anders, Buckle & Boots
➢ President Elect: Artzrun Minasayan, Antelope Valley Transit Management ➢ Treasurer: Mark Hemstreet, Destination Lancaster
➢ Secretary: Araxie Kahramanian, City of Lancaster
➢ Director: Corey Heimlich, InSite Development
➢ Director: Daniel Lopez, Go
➢ Director: Myrle McLernon, McLernon Architectural Group, Inc. ➢ Director: Lucy Mkrtchian, Olive’s Mediterranean Café
➢ Director: Valerie Orcutt, Bella West
➢ Director: Mike Reece, BLVD Flooring Emporium
➢ Director: Renee Rodriguez, Ride360 Indoor Cycling
➢ Director: Glenn Roher, Roher Real Estate Services
➢ Director: DeVonte Thomas, Top Shelf Financial Services

The PBID’s budget and governance is separated into three distinct categories: Clean & Safe, Marketing & Promotions, and Administration & Advocacy. Each of these categories is guided by a committee comprised of board members and other interested members of the Association.

Below is a summary of the activities for each in 2023.

3 Clean & Safe
In 2023, the Clean & Safe Committee continued its efforts to provide maintenance and security services via Desert Haven Enterprises and The BLVD Ambassadors.

Desert Haven Enterprises
Since 2015, The Association has engaged the services of local nonprofit Desert Haven Enterprises to conduct cleanup and beautification efforts throughout the downtown district.

Two Desert Haven crews, dubbed “Clean Teams,” work
daily Monday through Friday to ensure the general
cleanliness and aesthetic appeal of The BLVD. Services include removing trash and debris, assisting with
landscaping, sweeping, cleaning street furniture, and more.

Teams work on Lancaster Boulevard as well
as all side streets throughout The BLVD
district. These services augment the City of
Lancaster’s existing maintenance services
on The BLVD.

The BLVD Ambassadors
The Association also contracts with Streetplus who oversee The BLVD Ambassadors, a private security and
ambassador program for the downtown district. The BLVD Ambassadors not only augment the security of The BLVD,
but also act as hospitality delegates
who can assist patrons as they
frequent downtown destinations. The
BLVD Ambassadors focus primarily
on minor quality -of-life issues and
customer engagement. Through their
efforts and customer-friendly practices, the BLVD continues to be a safe place for families and guests to visit and enjoy.

Desert Haven Clean Team Hard at Work
The BLVD Ambassadors

4 BLVD Marketing & Promotions
The BLVD is a destination place for residents, guests and families to visit, relax and have fun.

The Association continued a variety of marketing efforts to attract patrons to the downtown area in 2023. Advertising efforts encompassed social media and the web. The Association also organized and/or participated in several special events, ranging from the City’s Farmers’ Market, the Tour De Luc, and annual events such as the 10th annual Small Business Saturday and the City’s Magical BLVD Christmas. The Association also hosted three of its own events in February, June and August culminating in ~20,000 attendees.

5 Administration & Advocacy
The third component of the PBID budget and governance is Administration & Advocacy. This category encompasses efforts such as administration and business attraction, as well as community involvement and representation.

Business Attraction
Additional new businesses were attracted to The BLVD
in 2023, including Poppy Pizzeria,

Advocacy and Community Involvement
The BLVD Association has continued its involvement in local trade organizations such as the Antelope Valley Chambers of Commerce (formerly the Lancaster Chamber of Commerce). In addition, the Association engaged in professional development opportunities with organizations such as the California Downtown Association and International Downtown Association to bring best practices for downtown management to The BLVD.

Finances

Assessment Formula
The PBID Assessment Formula is as follows:

Parcel Type Lot Rate (per square foot) Building Rate (per square foot)
Zone 1 (Frontage on Lancaster Boulevard)
Commercial $0.08 $0.16
Apartment Complexes $0.04 $0.08
Zone 2 (All other areas within the PBID)
Commercial $0.04 $0.09
Apartment Complexes $0.02 $0.045

In addition to assessments, t he Association receives $150,000 annually from the City of Lancaster to assist with the cost of the BLVD Ambassadors.

6 Budget for 2023
Administration & Advocacy
Audits & Bookkeeping
Insurance
Memberships
Member Communication
PBID Renewal
Registrations, Training & Travel
Other
Category Total $34,861.10
Clean & Safe
Desert Haven
BLVD Ambassadors
Global Alliance Safety Patrol
Category Total $364,264.86
Marketing & Promotions
Advertising
Events
Printed Marketing Materials
Partnerships
Promotional Giveaways
Implementation & Coordination
Category Total $85,029.06
Grand Total $484,155.02
Anticipated Revenue $462,293.91

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Date: March 26, 2024

STAFF REPORT
City of Lancaster
CC 15
3/26/2024
JC
To: Mayor Parris and City Council Members
From: Sonya Patterson, Director - Parks, Arts, Recreation, and Community Services Subject: Acceptance – Sgt. Owen Memorial Park Hardcourt and Landscaping Project Recommendation:

Accept the work constructed by Playcore Wisconsin, Inc dba GameTime c/o Great Western, for the Sgt. Owen Memorial Park Hardcourt and Landscaping Project and direct the City Clerk to file the Notice of Completion for the project.

Fiscal Impact:
$432,314 (including 10% contingency) was awarded based on the original contract. The total project cost is $393,012.23. Sufficient funds were available in Capital Improvement Project CP11BS045.CONST.

Background:

The proposed project included the refurbishing of the tennis and pickleball courts; including court re-surfacing, fence repairs, replacement of new poles and nets, and landscaping.

On August 22, 2023, City Council authorized the City of Lancaster to piggyback on the OMNIA Partners Public Sector Contract with Playcore Wisconsin, Inc, dba GameTime c/o Great Western. In addition, Council awarded the contract for improvements at Sgt. Owen Memorial Park to Playcore Wisconsin, Inc dba GameTime c/o Great Western in the amount not to exceed $393,012.23, plus a 10% contingency.
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Per Section 2.2 of the Existing Community Workforce Agreement (“CWA”), this project was subject to the CWA by and between the City of Lancaster and Los Angeles/Orange Counties Building and Construction Trades Council, and the Signatory Craft Councils and Unions (“CWA”). Per Section 2.6(b) of the CWA, Letters of Assent were submitted by the Contractor and each of its subcontractors, of whatever tier, forty-eight (48) hours prior to commencement of work, or within forty-eight (48) hours after the award of Project Work to that Contractor (or subcontractor), whichever occurred later.

Construction of the project has been completed to the satisfaction of the Director of PARCS. The project was substantially completed on December 30, 2023, which was within the time permitted by the contract.

The total contract cost is $393,012.23.

SP
Attachment:

Notice of Completion

SPACE ABOVE THIS LINE FOR RECORDER'S USE
This document is exempt from payment of a recording fee pursuant to government Code Section 6103 and 27383.

NOTICE IS HEREBY GIVEN:

NOTICE OF COMPLETION OF

PUBLIC IMPROVEMENT AND WORK

1. The City of Lancaster, Los Angeles County, State of California, is the owner on file of a certain public improvement known as:

Sgt. Owen Memorial Park Hardcourt and Landscaping Project

2. The address of said owner is 44933 North Fern Avenue, Lancaster, California 93534.

3. The location of said public improvement is as follows: Sgt. Owen Memorial Park . See Exhibit ‘A’ attached hereto and made a part hereof.

4. On August 23, 2023, a contract was entered into with Playcore Wisconsin, Inc dba GameTime c/o Great Western ., for the construction, installation, and completion of the above described public improvement and work, and filed for record in the office of the City Clerk of the City of Lancaster.

5. The work was completed on December 30, 2023, by said company according to the plans and specifications and to the satisfaction of the Director of PARCS and was accepted by the City on March 26, 2024. That upon said contract Berkley Insurance Company was surety for the bond given by the said company as required by law.

ATTEST:

ANDREA ALEXANDER
City Clerk
City of Lancaster
DATED this day of , 20

CITY OF LANCASTER

BY:

SONYA PATTERSON
Director – PARCS
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

DATE SIGNATURE

PLACE OF EXECUTION

RECORDING REQUESTED BY:

CITY OF LANCASTER
WHEN RECORDED MAIL TO:

CITY OF LANCASTER

CITY CLERK DEPARTMENT
44933 N. FERN AVENUE
LANCASTER, CA 93534
‘EXHIBIT A’
Capital Project No. CP11BS045
Sgt. Owen Memorial Park Hardcourt and
Landscaping Project

VICINITY MAP
CITY PARK DRVE (NEAR STAR LN & W AVE K8)

1 5
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Date: March 26, 2024

STAFF REPORT
City of Lancaster
To: Mayor Parris and City Council Members
From: Sonya Patterson, Director – Parks, Arts, Recreation, & Community Services Subject: Lease of Real Property for Storage at 211 East Ave K-6 Recommendations:

1. Approve lease amendments for use of real property with Circle H Properties through June 2025, for an amount not to exceed $84,940.

2. Authorize the City Manager, or his designee, to sign all documents related to the lease agreements.

3. Authorize the City Manager, or his designee to execute future lease amendments for use of real property with Circle H Properties for similar uses.

Fiscal Impact:
$84,940; sufficient funds are available from FY24 10160000.5330 and 10132000.5316 through the contract term of June 2025.

Background:

After an intentional search, the industrial property located at, 211 East Ave K6, 93535 managed by Circle H Properties was selected as the most efficient and cost-effective space for the uninterrupted storage of essential supplies for Emergency Services and Parks, Arts, Recreation, and Community Services until a permanent storage unit is constructed within a newly acquired property.

The Emergency Services Division and Parks, Recreation, and Community Services Divisions have utilized Unit A since March 1, 2023, to present. The Museum division began its lease of Unit F on February 1, 2022. The first amendment for Unit F extended the agreement to June 30, 2023, and the second extended it through June 30, 2024.

SP:AC
Attachment:

First Amendment to Lease – Unit A
Third Amendment to Lease – Unit F
CC 16
3/26/2024
JC
1 5
8 5
________ ________
________ ________

INITIALS INITIALS
©2017AIRCRE. AllRightsReserved. LastEdited:1/11/20243:33PM ATL-1.02,Revised10-22-2020 Page1 of1
THISAMENDMENT TOLEASE ismadeand enteredinto asof January 11, 2024 ,byand between Circle H Properties, LLC a California limited liability company ("Lessor")and City of Lancaster, a California charter city and municipal corporation ("Lessee").

WHEREAS,on orabout February 7, 2023 aLease wasentered intoby andbetweenLessor andLessee relaƟngtocertain realproperty commonly knownas (streetaddress, city,state,zip): 211 East Avenue K-6, Unit A, Lancaster, CA 93535 (the "Premises"),and WHEREAS,Lessor andLessee have have notpreviouslyamended saidLease, and WHEREAS,the Lessorand Lesseenowdesire toamend saidLease, NOW,THEREFORE, forpayment ofTEN DOLLARSandother goodand valuable consideraƟon toLessor,the receiptand suﬃciencyofwhich ishereby acknowledged, the parƟes mutuallyagree tomakethe following addiƟons and modiﬁcaƟons totheLease:

TERM: The ExpiraƟon Dateishereby advanced extendedto June 30, 2025 .

AGREEDUSE: The AgreedUseis hereby modiﬁed to: .

BASERENT ADJUSTMENT: MonthlyBaseRentshallbe asfollows: Beginning on March 1, 2024,the base rent shall be increased to $4,455.00 per month .

OTHER: .

ThisAmendment shallnot beconstruedagainst theparty preparingit, butshallbe construedas ifall parƟes jointlyprepared thisAmendmentand anyuncertainty and ambiguityshall notbe interpretedagainstany oneparty. Signatures tothisAmendment accomplishedby meansofelectronic signatureor similartechnologyshall be legaland binding.

Allother termsand condiƟons ofthis Leaseshall remainunchanged andshall conƟnue infull forceand eﬀect exceptas speciﬁcallyamendedherein.

EXECUTEDas ofthe dayandyear ﬁrstabove wriƩen.

ByLessor:

Circle H Properties, LLC a California
limited liability company
By:

NamePrinted: Harvey Holloway
Title: Managing Member
Phone: (661) 948-2644
Fax: (661) 945-2524
Email: [email protected]
By:

NamePrinted:

Title:

Phone:

Fax:

Email:

Address:

FederalID No.:

First AMENDMENTTO LEASE
ByLessee:

City of Lancaster, a California charter
city and municipal corporation
By:

NamePrinted: Jason Caudle
Title: City Manager
Phone:

Fax:

Email:

By:

NamePrinted:

Title:

Phone:

Fax:

Email:

Address:

FederalID No.:

AIRCRE * hƩps://www.aircre.com * 213-687-8777 * [email protected] NOTICE: Nopart oftheseworks maybe reproducedin anyformwithout permissionin wriƟng.

________ ________
________ ________

INITIALS INITIALS
©2017AIRCRE. AllRightsReserved. LastEdited:1/11/20243:26PM ATL-1.02,Revised10-22-2020 Page1 of1
THISAMENDMENT TOLEASE ismadeand enteredinto asof January 11, 2024 ,byand between Circle H Properties, LLC a California limited liability company ("Lessor")and City of Lancaster, a California charter city and municipal corporation ("Lessee").

WHEREAS,on orabout January 27, 2022 aLease wasentered intoby andbetweenLessor andLessee relaƟngtocertain realproperty commonly knownas (streetaddress, city,state,zip): 211 East Avenue K-6, Unit F, Lancaster, CA 93535 (the "Premises"),and WHEREAS,Lessor andLessee have have notpreviouslyamended saidLease, and WHEREAS,the Lessorand Lesseenowdesire toamend saidLease, NOW,THEREFORE, forpayment ofTEN DOLLARSandother goodand valuable consideraƟon toLessor,the receiptand suﬃciencyofwhich ishereby acknowledged, the parƟes mutuallyagree tomakethe following addiƟons and modiﬁcaƟons totheLease:

TERM: The ExpiraƟon Dateishereby advanced extendedto June 30, 2025 .

AGREEDUSE: The AgreedUseis hereby modiﬁed to: .

BASERENT ADJUSTMENT: MonthlyBaseRentshallbe asfollows: Beginning on February 1, 2025, the base rent shall be increased to $2,732.00 .

OTHER: .

Allother termsand condiƟons ofthis Leaseshall remainunchanged andshall conƟnue infull forceand eﬀect exceptas speciﬁcallyamendedherein.

EXECUTEDas ofthe dayandyear ﬁrstabove wriƩen.

ByLessor:

Circle H Properties, LLC a California
limited liability company
By:

NamePrinted: Harvey Holloway
Title: Managing Member
Phone: (661) 948-2644
Fax: (661) 945-2524
Email: [email protected]
By:

NamePrinted:

Title:

Phone:

Fax:

Email:

Address:

FederalID No.:
3rd AMENDMENTTO LEASE
ByLessee:

City of Lancaster, a California charter
city and municipal corporation
By:

NamePrinted: Jason Caudle
Title: City Manager
Phone: (661) 723-5856
Fax:

Email: [email protected]
By:

NamePrinted:

Title:

Phone:

Fax:

Email:

Address:

FederalID No.:

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STAFF REPORT
City of Lancaster
CC 17
3/26/2024
JC
Date: March 26, 2024
To: Mayor Parris and City Council Members
From: Sonya Patterson, Director – Parks, Arts, Recreation & Community Services Subject: Lancaster University Center Lease Amendment
Recommendation:

1. Approve amended and restated lease agreement for real property to Cal State Long Beach’s Extension Campus, the Lancaster University Center, through December 2024.

2. Authorize the City Manager, or his designee, to sign all documents related to the lease agreement.

Fiscal Impact:

City to receive $5,375 per month in rent, resulting in revenue of $64,500 through the term of the lease.

Background:

The City has leased real property known as Lancaster University Center, located at 45356 Division Street, 93535, to California State Long Beach (CSULB), for its bachelor's degree program in engineering annually since 2013. In 2021 the agreement was amended to include adjustments to the monthly rent. The amended and restated agreement in 2022 outlined updates to maintenance and responsibilities and insurance coverage.

Staff recommends the approval of the amended and restated lease agreement with CSULB, as the lease of space to the university has provided a valuable resource for residents to pursue STEM education and career opportunities in the aerospace industry. Local companies like Northrop and Lockheed have hired graduates from the program, highlighting the strong demand for a skilled STEM workforce in the region.

SP:AC
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Attachment:
2024 Amended and Restated Lease Agreement
1 AMENDED AND RESTATED LEASE AGREEMENT
THIS AMENDED AND RESTATED LEASE AGREEMENT (“AGREEMENT”) is made this 1st day of January 2024, by and between the CITY OF LANCASTER, a California municipal corporation and charter city (the “Lessor”), and the TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, ON BEHALF OF CALIFORNIA STATE UNIVERSITY LONG BEACH (the “Lessee”). The Lessor and Lessee are referred to individually as a “Party” and collectively as the “Parties”.

RECITALS
A.WHEREAS, the Parties entered into that certain Lease Agreement dated December 23, 2014 (“Original Lease”) with regard to that certain real property illustrated and designated on the Site Map attached hereto as Attachment No. 1 and incorporated herein by reference (the "Site Map"), and as more particularly described in the Site Description attached hereto as Attachment No. 2 and incorporated herein by reference (the "Site Description"); and B.WHEREAS, Lessee has requested permission to use the Site for the reason(s) and purpose(s) described in the Description of Use attached hereto as Attachment No. 3 and incorporated herein by reference (the "Description of Use"); and C.WHEREAS, the Parties desire to amend and restate the terms of the Original Lease in their entirety.

NOW THEREFORE, the Parties agree as follows:

AGREEMENT

1. SITE SUBJECT TO THIS LEASE
Lessor agrees to and hereby does lease to Lessee, and Lessee agrees to and hereby does lease from Lessor the Site in an “as-is” condition, in accordance with the following terms and conditions.
2 2. USE OF SITE
During the term hereof, the Site shall be used by Lessee solely for the purpose(s) set forth in the Description of Use.

3. TERM OF LEASE
The term of this Lease shall commence upon approval by the Lessor’s governing body (the “Effective Date”) and shall terminate at 11:59 p.m. on December 31, 2024 (the “Term”).

4. RENT
Lessee agrees to and shall pay Lessor rent for the use and occupancy of the Site payable monthly in advance on the first day of each month, in the amount of Five thousand three hundred seventy-five ($5375) (the “Rent”). The Rent amount is based on a rate of $.375 per square foot for the 20,000 square foot tenant space. In the event that the Effective Date is not the same as the first day of the month, Rent owed for any portion of a month shall be pro-rated for that month.

5. REPAIR AND MAINTENANCE
(a) Lessor shall maintain the leased premises in good repair and tenantable condition, so as to minimize breakdowns and loss of the Lessee’s use of the premises caused by deferred or inadequate maintenance, including, but not limited to:
(i) Generally maintaining the leased premises in good, vermin-free, operating condition and appearance.
(ii) Furnishing prompt, good quality repair of the building, equipment and appurtenances.
(iii) Furnishing preventative maintenance, including, but not limited to, manufacturers recommended servicing of equipment such as elevator (if any), heating, air conditioning and ventilating equipment and fixtures.
(iv) Furnishing and promptly replacing any inoperative ballasts, starters, and filters for the heating, ventilating, and air conditioning equipment as required. (v) Furnishing remedial painting as necessary to maintain the premises in a neat, clean and orderly condition.
3 to the leased premises.
(vi) Annual testing and maintenance of all fire extinguishers in or adjacent (vii) Repairing and replacing parking lot bumpers and paving as necessary.

Repaint directional arrows, striping, etc., as necessary. (viii) Maintaining landscaped areas, including sprinklers, drainage, etc., on at least a semi-monthly basis, in a growing, litter-free, weed-free, and neatly mowed and/or trimmed condition.
(ix) Repairing and replacing floor covering as necessary. Lessor shall notify Lessee subsequent to the repair or replacement of floor covering so Lessee can make arrangements for moving of furniture and equipment.
(x) Keeping all walkways, parking lots, entrances, and auxiliary areas free of snow, water, oil spills, debris, or other materials which may be hazardous to users of the building. (b) Lessor shall provide prompt repair or correction on any damage except damage arising from a willful or negligent act of the Lessee’s agents, employees or invitees. (c) In case Lessor, after notice in writing from the Lessee requiring the Lessor to comply with the requirements of this paragraph in regard to a specified condition, shall fail, refuse or neglect to comply with such notice, or in the event of an emergency constituting a hazard to the health or safety of the Lessee’s employees, property, or invitees, the Lessee may terminate this lease without further obligation or perform such maintenance or make such repair at its own cost and, in addition to any other remedy the Lessee might have, may withhold rent due and deduct the amount thereof, including necessary costs incurred by the Lessee required for the administration of such maintenance and repairs, from the rent that may then be or thereafter become due hereunder.

6. SECURITY
Lessee shall be responsible for providing security on the Site for its invitees, employees and students.
4 7. UTILITIES AND SERVICES
Lessor shall be solely responsible for payment of the following utilities and services furnished to, or used by Lessee at the Site, including without limitation, gas, electricity, water, sewer, janitorial service, landscaping service, general maintenance service and waste refuse, repair and maintenance performed by the Lessor pursuant to Section 5 of this Lease and all applicable taxes, levies, connection charges, fees, and surcharges imposed on the Site or on Lessee’s possessory interest therein, if applicable. Lessee shall be solely responsible for telephone and cable services, connection charges, surcharges, charges, fees and fees for such services.

8. CONDITION OF SITE; ALTERATIONS AND REPAIRS
Lessor has provided Lessee with the opportunity to review all documentation in Lessor’s possession regarding the Site, including without limitation all environmental, fire and peer review reports, and has allowed Lessee and its designated representatives to inspect the Site and improvements located thereon.

Lessor shall appoint a contact with whom Lessee may confer regarding the terms of this agreement.

Lessee acknowledges that it accepts the Site in its existing condition and agrees to make no demands upon Lessor for any alterations or improvements, unless agreed to by the Lessor.

Lessee shall have the right to make alterations or improvements only upon receipt of written approval thereof from Lessor. If and to the extent Lessee makes approved alterations and/or improvements to the Site, such alterations and/or improvements shall be at Lessee’s sole cost and expense and shall be subject to all applicable laws, regulations, ordnances and conditions imposed by Lessor.

Lessee shall contact Lessor point of contract for emergency repairs.

9. TAXES
Lessee shall be liable for any and all taxes which may be levied or assessed upon the personal property and fixtures belonging to Lessee and located on the Site. The parties understand that this Lease may create a possessory interest. Lessee hereby agrees to be solely responsible, 5 and pay or otherwise legally resolve any taxes imposed on such possessory interest should it be determined to exist.

10. LIABILITIES AND INDEMNIFICATION
Both Lessor and Lessee are public entities under Government Code Section 895.2. Pursuant to Government Code Section 895.4 each party, shall assume liability for bodily injury or death and property damage caused by its negligence or willful misconduct arising from or connected with its performance under this agreement to the extent that such liability would be imposed in the absence of Government Code Section 895.2. To that end, each party shall indemnify and hold the other harmless from and against any damage, demand, cause of action, claim loss, cost, expense or liability that may be imposed on such other party by virtue of Government Code Section 895.2 arising from or connected with its performance under this Agreement. Each party waives subrogation. The provisions of Civil Code Section 2778 are made a part hereof as if fully set forth.

Lessee warrants that, with regard to its officers, employees, and servants, it is self-insured with no specified monetary limit pursuant to the provisions of the California Government Code.

This self-insurance covers liability including that of bodily injury, personal injury, professional liability and property damage.

11. RIGHT OF ENTRY
The Site shall be open to the inspection of proper governmental authorities within reasonable hours and with reasonable notice to the Lessee designated site contact.

12. AUTHORITY TO STOP
In the event that an authorized representative of Lessor finds that the activities being held on the Site unnecessarily endanger the health and/or safety of persons on or near said Site, or endanger said Site, such authorized representative may require that the Site be closed until said endangering activities cease.
6 13. DEFAULT
The Parties agree that if a default is made in any of the covenants and agreements herein contained to be kept by the Parties, the non-defaulting party may immediately terminate this Lease.

14. ASSIGNMENT
This Lease is personal to Lessee, and in the event Lessee shall attempt to assign or transfer the same in whole or part, without the prior written consent of Lessor (which consent shall not be unreasonably withheld), this Lease shall terminate and all rights hereunder shall immediately cease and come to an end. Notwithstanding the foregoing, Lessor’s City Manager is hereby expressly authorized to consent to the assignment or sublease of this Lease.

15. OPERATIONAL RESPONSIBILITIES
Lessee shall:
(a) Use the Site as an educational facility;
(b) Comply with the covenants, conditions, and restrictions set forth in this Lease; (c) Comply with and abide by all applicable rules and regulations reasonably adopted by Lessor;
(d) Comply with all applicable City of Lancaster, State and Federal laws and, in the course thereof, obtain and keep in effect all permits and licenses required to conduct the authorized activities on the Site;
(e) Maintain the Site in a clean and sanitary condition; (f) Conduct the authorized activities in a courteous and non-profane manner; and remove’ any agent, servant or employee who fails to conduct the authorized activities on the premises in the manner heretofore described;
(g) Assume the risk of loss, damage or destruction due to theft, fire and casualty of any and all fixtures and personal property belonging to Lessee that are installed or placed within or upon the Site;
7 (h) During the Term of the Lease, repair damage to the Site, improvements upon the Site, fixtures upon the Site and/or personal property owned by Lessor that is located upon the Site related to the Lessee’s use of the Site unless such damage is caused by Lessor, its agents or employees; (i) Permit Lessor and/or its authorized representatives to enter the Site during business hours for the purpose of determining whether the Lessee’s use of the Site complies with the terms of this Lease; and
(j) Prohibit signs or matter to be displayed upon the Site other than signs displaying the Lessee’s name and/or directly related to Lessee use of the Site pursuant to and consistent with the terms and conditions of this Lease.

16. COVENANTS
The Lessee covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through it, and this Lease is made and accepted upon and subject to the following conditions:
(a) That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the Site nor shall the Lessee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in Site.

17. CLERY NOTICES
Lessors from whom the University will rent, lease, or otherwise acquire control of the Property pursuant to this Lease shall be required to report certain crimes within sixty (60) days of a written request from the University (each a “Clery Notice”). Pursuant to this Lease, Lessor shall have a duty to cooperate with the University, the University Police Department, and law enforcement authorities to promote the safety and security of University students and contribute to University’s compliance with 8 the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the “Clery Act”), 20 U.S.C. 1092(f). Lessor shall provide timely responses to written Clery Notices requesting information and/or reporting of the following Clery Act crimes taking place upon (a) the property within which the leased premises are situated or (b) any properties adjoining the property within which the leased premises are situated that are known or should have been known by Lessor during the Term of this Agreement. Clery Act crimes shall include murder and non-negligent manslaughter, negligent manslaughter, sex offenses (rape, fondling, statutory rape and incest), robbery, aggravated assault, burglary, motor vehicle theft, arson, arrests for liquor law violations, drug law violations, illegal weapons possession, hate crimes (including the list cited above with the addition of intimidation, larceny, simple assault and destruction/damage/vandalism to property), dating violence, domestic violence, and stalking. For Clery Act reporting, the following definitions are applicable: The term “domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim under the domestic or family violence laws or the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. The term “dating violence” means violence committed by a person (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors (i) the length of the relationship, (ii) the type of relationship, (iii) the frequency of interaction between the persons involved in the relationship. The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress. Clery Notices shall be furnished in writing and by any other means Lessor chooses to provide them, including the address of the leased premises, the crimes being noticed, the date(s) of commission, and any other relevant information in the possession of Lessor, to University Police Department, Attn: Clery Co-Director, 1250 Bellflower Blvd., Long Beach, CA 90840-8001, email [email protected], non-emergency phone 562-985-4101. 9 18. NOTICES
Notices desired or required to be given by this Lease or by any law now or hereafter in effect may be given by personal service or by enclosing the same in a sealed envelope addressed to the party for whom intended and by depositing such envelope with postage prepaid in the United States Post Office or any substation thereof, or any public letter box, and any such notice and the envelope containing the same shall be addressed to Lessee as follows:

California State University, Long Beach
Procurement & Contractual Services
1250 Bellflower Boulevard, BH-346 MS-0123
Long Beach, California 90840
Attention: Procurement Director
or such other place as may hereinafter be designated in writing by the Lessee and the notices and envelopes containing the same to Lessor shall be addressed to:

City of Lancaster
44933 North Fern Avenue
Lancaster, California 93534
Attn: City Manager
or such other place as may hereinafter be designated in writing by the Lessor.

19. AUTHORITY
Each of the undersigned signatories for each party hereby covenants, warrants and guarantees that each of them, jointly and severally, have the power and authority to execute this Lease upon the terms and conditions stated herein and each agrees to indemnify and hold harmless the other party from all damages, costs, and expenses, which result from a breach of this material representation.

20. TERMINATION OF LEASE
Termination of this Lease for any reason whatsoever shall not release either party from liability or obligation hereunder resulting from an event which may have occurred before such termination, or thereafter in case by the terms of this Lease it is provided that certain things shall or may have to be done after such termination (including, but not limited to, removal of fixtures 10 and equipment placed on the Site by the Lessee).

21. LIENS
Lessee shall have no power to do any act or make any contract which may be created or be the foundation for any lien, mortgage or other encumbrance upon the Site or in the buildings or improvements thereon; it being agreed that should Lessee cause any alterations, rebuilding, replacements, changes, additions, improvements, or repairs to be made to the Site, or labor performed or material furnished therein, thereon or thereto, neither Lessor nor the Site under any circumstances be liable for the payment of any expense incurred or for the value of any work done or material furnished, but all such alterations, rebuilding, replacements, changes, additions, improvements, and repairs, and labor and material, shall be made, furnished and performed at Lessee’s expense, and Lessee shall be solely and wholly responsible to the contractors, laborers and materialmen furnishing and performing such labor and material.

If, because of any act or omission (or alleged act or omission) of Lessee, any mechanic’s or other lien, charge or order for the payment of money shall be filed against the demised Site or any buildings or improvements thereon, or against Lessor (whether or not such lien, charge or order is valid or enforceable as such), Lessee shall, at its own cost and expense, cause the same to be cancelled and discharged of record or bonded within ten (10) days after notice to Lessee of the filing thereof, and Lessee shall indemnify and save harmless Lessor against and from all costs, expenses, liabilities, losses, damages, suits, fines, penalties, claims and demands, including reasonable counsel fees, resulting therefrom.

22. LESSOR ADMINISTRATION OF LEASE
The City Manager of the City of Lancaster, or his or her designee, shall have the authority to administer the Lessor’s responsibilities under this Lease in accordance with its terms.

23. DESTRUCTION
If the Site or the building located thereon is totally destroyed by fire or other casualty, this Lease shall terminate.

If ten percent (10%) or less of the Site is destroyed by fire or other casualty, this Lease 11 shall not terminate and the Lessor shall repair and restore the Site or cause such repair and restoration as soon as is reasonably practicable, at Lessor’s expense.

If ten percent (10%) or more of the Site is destroyed by fire or other casualty, Lessor shall, as soon as reasonably practicable but in no event later than thirty (30) days following the date of such destruction, evaluate or cause the evaluation of such destruction, and give written notice to Lessee as to whether Lessor elects to (a) repair and restore the Site at Lessor’s expense, or (b) terminate this Lease. Within thirty (30) days following Lessor’s notification to Lessee of Lessor’s intent to terminate the Lease, Lessee may give notice to Lessor of Lessee’s intention to complete the repair and restoration of the Site at Lessee’s cost, in which event Lessor’s election to terminate the Lease shall be ineffective.

While Lessee remains in possession of the Site pursuant to this Lease during the period of restoration and repair thereof, the monthly rent as herein provided for shall be reduced by the same ratio as the portion of the Site which is unusable bears to the total square footage of the Site. Thus, if fifteen percent (15%) of the Site is rendered unusable due to the casualty damage, the monthly rent shall be reduced by fifteen percent (15%) during the period in which such portion of the Site is unusable.

24. NO ORAL AGREEMENTS
It is mutually understood and agreed that no alterations or variations of the terms of this lease shall be valid unless made in writing and signed by the parties hereto, and that no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

LESSOR:

CITY OF LANCASTER, A California municipal
corporation and charter city
By: ________________________________________
Jason Caudle
Its: _________________________________________
12 Title
Date: _______________________________________
ATTEST:
________________________________
City Clerk

APPROVED AS TO FORM
________________________________
City Attorney
LESSEE:

CALIFORNIA STATE UNIVERSITY LONG
BEACH
By: ________________________________________
Milton Ordonez
Its: ________________________________________
Associate Vice President
Date: ______________________________________

STAFF REPORT
City of Lancaster
CC 18
3/26/2024
JC
Date: March 26, 2024
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Director - Community Development Patti Garibay, Assistant Director – Planning and Permitting Subject: Approval of the Ground Water Transfer Agreement between the City of Lancaster and the 50th District Agricultural Association
Recommendations:

1. Approve the Ground Water Transfer Agreement between the City of Lancaster and the 50th District Agricultural Association (50th District) to transfer 32-acre feet (AF) of Permanent Ground Water Rights that were allocated to the 50th District through the Water Adjudication Final Judgement.

2. Approve the Transfer Request Form which will be submitted jointly by the City of Lancaster and 50 th District to the Antelope Valley Water Master (Water Master) for approval of the transaction.

3. Authorize the City Manager, or his designees, to execute all documents and make any non- substantive changes necessary to complete the transaction.

Fiscal Impact:

The City will pay an application fee of $1,650.00 to the Water Master upon submittal of the transfer application. Funding is available in account 10191500.5710 to pay for the application fee.

Background:

As a participant in the Antelope Valley Ground Water Adjudication, the 50 th District received 32 AF of permanent groundwater rights which they are currently not utilizing for their site and have no plans to utilize in the future. The Adjudication ruling allows the 50 th District and other State agencies who received an allocation of permanent water rights to transfer those rights to another State agency or local agency of their choosing. The process to transfer permanent water rights includes the submittal of an application to the Water Master which provides details of the transfer including the amount of water being transferred and where the water will be utilized by the recipient.
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The City supports the 50th District throughout the year for various events hosted at their site including the Antelope Valley Fair, California Poppy Festival, and the 4th of July Celebration. Staff help to prepare the facility for the events, review traffic plans, and also provide support on the day of the events in addition to other support activities.

The 50th District is willing to transfer their 32 AF of permanent water rights to the City in exchange for the City’s continued support on the various events. With Council approval, staff will work with the 50 th District to submit the water transfer application and get approval for the transaction through the Water Master.

The City does not have plans to utilize the water at this time but will have the water available to transfer or allocate for future projects. The City will need to submit a transfer application once a decision has been made on how the 32 AF will be utilized.

PG/sm
Attachments:

Ground Water Transfer Agreement
Transfer Request Form

GROUNDWATER TRANSFER AGREEMENT
This Groundwater Transfer (“ Agreement”) is entered into as of ________________, 2024 (“Effective Date ”), by and between 50TH D ISTRICT AGRICULTURAL ASSOCIATION, (“District”), and CITY OF LANCASTER, a California municipal corporation and charter city (“City”). District and City are individually referred to as a “Party” and collectively referred to as the “Parties”.

R E C I T A L S
A. District has 3 2 acre feet per year of (“AFY”) of Production Rights in the Antelope Valley Groundwater Basin pursuant to and as defined in the December 2015 Judgment in the consolidated Antelope Valley Groundwater Cases, Judicial Council Coordinated Proceeding No. 4408 (“Judgment”). District is not currently using the 32 acre feet of Production Rights allocated to it by the Judgment.

B. Subject to the terms and conditions of this Agreement, the Parties now desire to enter into this Agreement in order to (1) provide for District ’s transfer to City and City’s acceptance from District of 32 AFY of Production Rights (as defined below) held by District NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. Incorporation of Recitals. The foregoing recitals are incorporated in and constitute a substantive part of this Agreement.

2. Transfer and Acceptance of Production Rights . District shall transfer to City and City shall accept from District 32 AFY of groundwater production rights (the “Production Rights”), as that term is defined in the Judgment, held by District (“Production Rights Purchase”). The Production Rights Purchase shall be subject to the terms and conditions of this Section 2. (a) Purchase Consideration; Acknowledgment of Fair Market Value . In consideration of the transfer of Production Rights hereunder, City shall provide the services described in Exhibit A hereto and incorporated by this reference. The Parties acknowledge and agree that the Services constitute fair market value compensation for the Production Rights Purchase. (b) Transferred In Perpetuity. The Production Rights Purchase is a transfer of all rights, title and interest in and to the Production Rights. District shall transfer the Production Rights to City in perpetuity and shall not reserve or retain any interest in the Production Rights. (c) Watermaster Approval . This transfer is subject to the provisions of the Judgment and the Watermaster’s Rules and Regulations, and also requires Watermaster approval. City shall complete and submit the Transfer Request Form, which is i ncluded as Attachment 1 to this Agreement, to the Watermaster for approval , with any and all costs incurred in seeking Watermaster approval borne by City. District shall reasonably cooperate with City to obtain Watermaster approval.

In the event that the Watermaster does not fully approve the transfer, this Agreement shall lapse and become null and void.

(d) Warranties, Representations, and Covenants of District . District hereby warrants, represents, and/or covenants to City that:
(i) Pending Claims. Other than the judgment in the consolidated Antelope Valley Groundwater Cases, Judicial Council Coordinated Proceeding No. 4408, to the best of District’s knowledge, there are no actions, suits, claims, legal proceedings, or any other proceedings affecting the Production Rights that are the subject of the Production Rights Purchase or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign. (ii) C onflict with Other Obligation . To the best of District’s knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note, evidence of indebtedness, contract, lease, covenants, conditions and restrictions, or other agreement or instrument to which District or Production Rights may be bound.
(iii) Cha nge of Situation. District shall, upon learning of any fact or condition which would cause any of the warranties and representations in the section not to be true as of the Effective Date, immediately give written notice of such fact or condition to City. (iv) A
uthority . District has the full right, power, and authority to grant the Production Rights to City as provided herein and to carry out District’s obligations hereunder. (v) G overnmental Compliance. District has not received any notice from any governmental agency or authority alleging that it is currently in violation of any law, ordinance, rule, regulation or requirement applicable to the Production Rights. If any such notice or notices are received by District following the date this Agreement is signed by City, District shall, within ten (10) days of receipt of such notice notify City.

3. Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

4. Counterparts; Electronic Execution. This Agreement may be executed in multiple counterparts by the Parties. All counterparts so executed shall constitute one agreement binding upon the Parties, notwithstanding that the Parties are not signatories to the original or the same counterpart.

Each counterpart shall be deemed an original to this Agreement, all of which shall constitute one (1) agreement. Documents executed, scanned and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of this Agreement and all matters related thereto, with such scanned and electronic signatures having the same legal effect as original signatures. This Agreement, any other document necessary for the consummation of the transaction contemplated by this Agreement may be accepted, executed or agreed to through the use of an electronic signature in accordance with the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq. , and the Uniform Electronic Transactions Act, Cal. Civ. Code § 1633.1 et seq.

5. Effective Date. City shall execute this Agreement first, and District shall execute this Agreement second. The Effective Date of this Agreement shall be the date of execution by District.

6. Delegation to Chief Executive Officer. District’s Chief Executive Officer , or his/her designee, is authorized to take all actions on behalf of District in connection with any approvals, consents, or actions required of or by District under this Agreement.

7. Entire Agreement. This Agreement is freely and voluntarily entered into by the Parties after having had the opportunity to consult with their respective attorneys. The Parties, in entering into this Agreement, do not rely on any inducements, promises, or representations made by each other, their representatives, or any other person, other than those inducements, promises, and representations contained in this Agreement. This Agreement represents the entire agreement of the Parties. This Agreement may be modified only by a written amendment to this Agreement agreed to by the Parties. The Parties and the Party representatives executing this Agreement have the power and authority to execute this Agreement, and once executed by all Parties, this Agreement shall be binding upon the Parties.

8. Notice. Any notice related to this Agreement must be in writing and delivered personally or by U.S. Mail or nationally-recognized overnight service to the addresses below, which addresses may be changed at any time upon written notice:

To District:
50th District Agricultural Association
2551 W Avenue H
Lancaster, CA 93536
Attn: Dan Jacobs
(661) 948-6060 ext.101
[email protected]

To City:

City of Lancaster
44933 Fern Avenue
Lancaster, CA 93534
Attn: Patti Garibay
(661) 723-6072, Assistant Director, Community Development [email protected]

[Signatures appear on following page.]

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

DISTRICT:
50TH DISTRICT AGRICULTURAL

ASSOCIATION
By:________________________________
Dan Jacobs, Chief Executive Officer

CITY:

CITY OF LANCASTER
By: ____________________________
Name: ____________________________
Title: ____________________________
ATTEST:

_______________________________
Andrea Alexander, City Clerk

APPROVED AS TO FORM:

_______________________________
Allison E. Burns, City Attorney

Exhibit A
Services/Support Provided by the City of Lancaster to 50th District Agricultural Association For the Antelope Valley Fair:

1. Fence installed along Avenue I

2. Paving of vacant land across from Fair for parking lot

3. Tram drivers provided for the Fair

For the California Poppy Festival:

4. Maintenance preparation of the Fairgrounds for the Poppy Festival

5. Aerating turf areas before the Poppy Festival.

6. Coordinate all the painting for the Main parking lot and G-8 parking lot

7. Coordinate all the Waste Management portable restrooms

8. Removal of weeds and debris prior to the event

For the 4th of July

9. Traffic control plans freviewed for the 4th of July event

10. Public Works will deploy staff on overtime for traffic control pre, during, and post event

11. Use of delineators (cones, barricades, etc.)

General Support

12. Fill site asphalt cracks with sealer

13. Cleaning out the culvert that runs to the retention basin across the freeway

STAFF REPORT
City of Lancaster
CC 19
3/26/2024
JC
Date: March 26, 2024
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Director - Community Development Kendall Brekke, Planner - Community Development
Subject: Approval of the 2023 General Plan Annual Progress Report and the 2023 Housing Element Annual Progress Report
Recommendation:

Approve the 2023 General Plan Annual Progress Report and the 2023 Housing Element Annual Progress Report.

Fiscal Impact:

None.

Background:

California Government Code Section 65400 mandates that each City and County planning agency prepare an annual report on the status and progress in implementing their General Plan and Housing Element. The General Plan Annual Progress Report and the Housing Element Annual Progress Report (APRs) are submitted to the State Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD) every year.

OPR and HCD use the APRs to identify how local planning activities relate to statewide goals and policies. The Housing Element APR utilizes a standard template set by HCD, and outlines information regarding housing production and affordability, implementation of Housing Element programs, and local efforts to promote the development of housing. The General Plan APR expands on this information, outlining the implementation status for each General Plan element and highlighting project and permit activity overall. Included among these highlights for 2023 are:
•Pending General Plan Amendments which would allow for additional single-family and mixed-use housing, as well as commercial and industrial development, •Continued conservation and expansion of energy resources through the new Power Choice residential solar program and the planned development of numerous hydrogen facilities, 1 5
8 8
•Formation of the Lancaster Police Department, establishing an innovative hybrid policing model with the Los Angeles County Sheriff’s Department, •Planning and design of the Multi-Agency Regional Resilience Center (MARRC) in conjunction with the Antelope Valley Fair Authority and the City of Palmdale, •Installation of fiber-based, multi-gig internet throughout the city in collaboration with Race Communications,
•The planned conversion of the Lancaster Municipal Stadium to a 5,300-seat soccer stadium,
•Adoption of “Housing Element Implementation” Zone Text Amendments to modify sections of the Municipal Code in consistency with State law, and •The launch of a First-Time Homebuyer Program and a Housing Rehabilitation Program to provide opportunities for homeowners in our community.

The General Plan and Housing Element APRs describe the progress of the City’s ongoing efforts to implement and assess identified goals, policies, and objectives in the General Plan and Housing Element. Demonstration of ongoing compliance with State-required reporting ensures that the City maintains eligibility and competitiveness for ongoing grant funding opportunities that may help to implement these goals and policies. Therefore, staff recommends that the City Council approve the 2023 General Plan Annual Progress Report and the 2023 Housing Element Annual Progress Report.

LD:KB/hb:sm
Attachments:

Attachment A – 2023 General Plan Annual Progress Report Attachment B – 2023 Housing
Element Annual Progress Report
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA , APPROVING OF THE 2023

GENERAL PLAN ANNUAL PROGRESS REPORT AND THE
2023 HOUSING ELEMENT ANNUAL PROGRESS REPORT.

WHEREAS, California Government Code Section 65400 mandates that each City and County planning agency submit a General Plan Annual Progress Report and a Housing Element Annual Progress Report (APR) to their local governing body, the State Office of Planning and Research (OPR), and the California Department of Housing and Community Development (HCD) detailing the agency’s progress on meeting its share of regional housing needs and local efforts to implement General Plan elements; and

WHEREAS, the reports are not subject to the California Environmental Quality Act (CEQA) because the report does not meet the definition of a “project” per Section 21065 of the CEQA Guidelines; and

WHEREAS, the City Council has reviewed the 2023 General Plan Annual Progress Report and the 2023 Housing Element Annual Progress Report and finds that they accurately reflect the status of the City’s General Plan and Housing Element implementation.

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

Section 1. That the foregoing Recitals are true, correct , and a substantive part of this Resolution.

Section 2. That the 2023 General Plan Annual Progress Report, as set forth in Exhibit “A” attached hereto, and the 2023 Housing Element Annual Progress Report, as set forth in Exhibit “B” attached hereto, are hereby approved.

Section 3. This Resolution shall take effect immediately upon its passage.

Resolution No.

Page 2 ends

Lancaster City CouncilMarch 26, 2024

Lancaster City Council
March 26, 2024