Agenda packet — Lancaster City Council, September 10, 2024

Tuesday, September 10, 2024
Regular Meeting – 1:30 PM
The City Clerk/Agency/Authority Secretary hereby declares the agenda was posted by 5:00 p.m. on September 06, 2024
at the entrance to Lancaster City Hall
44933 Fern Avenue, Lancaster, CA 93534

LEGISLATIVE BODY
City Council/Successor Agency/Financing/Power Authority Mayor/Chair R. Rex Parris
Vice Mayor/Vice Chair Marvin Crist
Council Member/Agency Director/Authority Member Lauren Hughes-Leslie Council Member/Agency Director/Authority Member Raj Malhi Council Member/Agency Director/Authority Member Ken Mann CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA – TUESDAY, 09/10/2024
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AGENDA ITEMS TO BE REMOVED
Sometimes it is necessary to remove items from the agenda. We apologize for any inconvenience this may cause you.

PUBLIC BUSINESS FROM THE FLOOR - AGENDIZED ITEMS
Any person who would like to address the Legislative Bodies on any agendized item is requested to complete a speaker card for the City Clerk/Agency/Authority Secretary and identify the agenda item you would like to discuss. Each person will be given an opportunity to address the Legislative Body at the time such item is discussed. Speaker cards are available at the rear of the Council Chambers and your speaker card must be filled out prior to the agenda item being called. We respectfully request that you fill the cards out completely and print as clearly as possible. Following this procedure will allow for a smooth and timely process for the meeting and we appreciate your cooperation. Individual speakers are limited to three (3) minutes each.

Consent Calendar items under the Legislative Body may be acted upon with one motion, a second and the vote. If you desire to speak on an item or items on the Consent Calendar, you may fill out one speaker card for the Consent Calendar.You will be given three minutes, unless a different time limit is announced, to address your concerns before the Legislative Body takes action on the Consent Calendar.

LEVINE ACT/GOVERNMENT CODE SECTION 84308
Parties to any proceeding involving a license, permit, or other entitlement for use pending before the City Council must disclose any campaign contribution over $250 (aggregated) within the preceding 12 months made by the party, their agent, and those required to be aggregated with their contributions under Gov. Code Section 82015.5. The disclosure must include the amount contributed and the name(s) of the contributor(s). Consent Calendar items under the Legislative Body may be acted upon with one motion, a second and the vote. If you desire to speak on an item or items on the Consent Calendar, you may fill out one speaker card for the Consent Calendar. You will be given three minutes, unless a different time limit is announced, to address your concerns before the Legislative Body takes action on the Consent Calendar. “G.C. Section 84308: Yes” on this agenda indicates that the item is subject to these regulations.

CALL TO ORDER
City Council/Successor Agency/Financing/Power Authority CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA – TUESDAY, 09/10/2024
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ROLL CALL
City Council Members /Agency Directors /Authority Members: Hughes-Leslie, Malhi, Mann; Vice Mayor/ Vice Chair Crist, Mayor/Chair Parris

INVOCATION
Jordan Corlew, Grace Chapel

PLEDGE OF ALLEGIANCE

COUNCIL ACTIONS

CONSENT CALENDAR
CC 1. Waive further reading of any proposed ordinance. (This permits reading the title only in lieu of reciting the entire text.)
CC 2. Approve the City Council/Successor Agency/Financing/Power Authority Regular Meeting Minutes of August 27, 2024.

CC 3. Capital Improvement Program Appropriation for the Lancaster Energy Incubator Renovation Project
Recommendation(s):

Appropriate $30,500.00 to account 50149900.8000 project string CP11BS047, which includes advertisement ($500) and city engineering offset costs ($30,000). Appropriate $44,275.00 to account 50199900.8000 project string CP11BS047 to cover the engineering services from Duke Engineering. The total appropriation is $74,775.00 from fund balance and authorize the City Manager to execute all related documents.

Lancaster Energy (LE) is a forward-thinking organization dedicated to advancing sustainable energy solutions and innovative technologies to combat climate change. LE’s mission includes developing cutting-edge renewable energy systems, enhancing energy efficiency, and promoting a greener future. Renovating the Incubator would not only reflect our commitment to sustainability, but it would also create a modern, inspiring workspace that fosters creativity and collaboration among the team. A modern office would reinforce LE’s brand as an industry leader and provide a functional environment tailored to our dynamic operations.

CC 4. Acceptance of Public Works Construction Project No. 22-011 – 2022 Annual Thermoplastic Refresh Program
Recommendation(s):

Accept the work constructed by Sterndahl Enterprises, LLC., for Public Works Construction Project No. 22-011, 2022 Annual Thermoplastic Refresh Program, 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).

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA – TUESDAY, 09/10/2024
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The project was a maintenance effort to refresh approximately twenty-one (21) roadway miles of fading long line striping throughout the City.

CC 5. Accept Los Angeles County Region Park and Open Space District (RPOSD) Measure A Grant
Recommendation(s):

A. Accept $1,328,747.27 in Los Angeles County RPOSD Measure A grant funds to revenue account 210.6990.4998.

B. Appropriate Los Angeles County RPOSD Measure A grant funds in the amount of $1,328,747.27 to expenditure account 210.6990.5656.

In November 2016, Los Angeles County voters approved the Los Angeles County Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, andWater Conservation Measure (Measure A). Funding through the program is generated in perpetuity through the collection of a parcel tax. Measure A provides the City of Lancaster with formula-based annual allocations, which can be utilized for park improvement projects.

CC 6. Accept Los Angeles County Local Solutions Funds (Measure H) Recommendation(s):

1. Accept Los Angeles County Local Solutions Funds (Measure H) in the amount of $1,499,314.00 to revenue account 20230000.4998

2. Funds in the amount of $1,499,314.00 were previously appropriated to FY25 budget to expenditure account #20230000.5656. Funds to be used in the implementation of the Local Solutions Funds (Measure H) programs/projects.

3. Authorize the City Manager or his designee to execute all contracts, amendments, and associated documents, including memoranda of agreement, and other agreements necessary or appropriate to implement and expend up to $1,499,314.00 in accordance with the Funding Agreement Between County of Los Angeles and the City of Lancaster for Homeless Services Contract Number HI-23-004, Amendment One, subject to City Attorney approval.

4. Authorize the City Manager or his designee to accept future Los Angeles County Local Solution Funds pursuant to Funding Agreement Between County of Los Angeles and the City of Lancaster for Homeless Services Contract Number HI-23-004, and execute all future contracts, amendments, and associated documents, including memoranda of agreement, and other agreements necessary or appropriate to implement and expend all future appropriations up to the amount awarded to the City by Los Angeles County, in accordance with the Funding Agreement Between County of Los Angeles and the City of Lancaster for Homeless Services Contract Number HI-23-004, subject to City Attorney approval.

In 2017 the Los Angeles County Board of Supervisors approved Measure H funding allocations in support of the County’s Homeless Initiative strategies to prevent and combat homelessness in the County. In 2017, the City was awarded Measure H funding specifically to develop a plan to address homelessness within the City, which allowed the City to qualify for future funding opportunities.

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA – TUESDAY, 09/10/2024
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CC 7. Award Contract for Request for Proposal 831-24 Parks and Facilities Landscape Services to Landscape Connection Group Inc.

Recommendation(s):

1. Award contract for Request for Proposal (RFP) 831-24 Parks and Facilities Landscape Services to Landscape Connection Group Inc. in the amount of $811,832, plus 5% contingency, for landscape services for FY25. 2. Find that this item is not a project under the California Environmental Quality Act.

3. Authorize the City Manager, or his designee, to sign all documents, including up to two 1- year extensions.

The City of Lancaster maintains the landscape of fourteen parks, eleven facilities, and ten community homes. Services covered under this proposal include, but are not limited to mowing, edging, pruning, planter maintenance, general site clean-up, weed control, pest control, fertilizing, and aerating.

CC 8. Check Registers – August 11, 2024, through August 24, 2024.

Recommendation(s):

Approve the Check and Wire Registers for payments made August 11, 2024, through August 24, 2024, in the amount of $3,621,903.86 as presented.

PUBLIC HEARING
PH 1. Public Hearing for City Council consideration to receive comments and file the 2023-2024 Consolidated Annual Performance and Evaluation Report (CAPER) to the United States Department of Housing and Urban Development (HUD)
Recommendation(s):

1. Conduct a public hearing and upon accepting public testimony concerning housing and community development needs, priority non-housing community development needs, proposed strategies and actions for affirmatively furthering fair housing, the development of proposed activities, and review of program performance, proposals and questions;

2. Approve the Consolidated Annual Performance and Evaluation Report (CAPER) prepared for the U.S. Department of Housing and Urban Development (HUD) to report on specific Federal housing assistance and community development activities undertaken by the City during the Fiscal Year (FY) 2023-2024; and

3. Authorize the City Manager, or his designee, to execute any documents necessary to submit the CAPER, along with any comments received during the public hearing and public comment period to HUD.

Federal regulations require the City to prepare an annual report called the CAPER. The 2023- 2024 CAPER is a federally mandated informational assessment report of activities implemented with Community Development Block Grant (CDBG) and HOME Investment CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA – TUESDAY, 09/10/2024
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Partnerships (HOME) grant funds to address the needs of low- and moderate-income residents.

NEW BUSINESS
NB 1. Professional Services Agreement for Community Preservation Consulting & Supplementary Services – Willdan
Recommendation(s):

1. Approve a Professional Services Agreement for as-needed services with Willdan for Community Preservation Consulting & Supplementary Services for a three-year term and up to two optional one-year extensions.

2. Annual task orders will be for an amount not-to-exceed $704,000, with a grand total not to exceed $3,520,000 for the entirety of the contract.

3. Authorize the City Manager or his designee to finalize and execute all related documents, including up to two one-year extensions upon confirming satisfactory performance during the initial term.

The City of Lancaster has recently transitioned the Community Preservation team, formerly known as Code Enforcement, from the Lancaster Police Department to the Community Development Department. With this transition comes a new opportunity to augment Community Preservation services within the City, with an emphasis on enhancing public safety, boosting property values, and enriching aesthetics.

NB 2. Professional Services Agreement for Community Preservation Consulting & Supplementary Services – 4LEAF, Inc.

Recommendation(s):

1. Approve a Professional Services Agreement for as-needed services with 4LEAF, Inc. for Community Preservation Consulting & Supplementary Services for a three-year term and up to two optional one-year extensions.

2. Annual task orders will be for an amount not-to-exceed $704K, with a grand total not to exceed $3,520,000 for the entirety of the contract.

3. Authorize the City Manager or his designee to finalize and execute all related documents, including up to two one-year extensions upon confirming satisfactory performance during the initial term.

COUNCIL REPORTS
CR 1. Council Reports
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA – TUESDAY, 09/10/2024
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LANCASTER FINANCING AUTHORITY
No action required at this time.

LANCASTER POWER AUTHORITY
No action required at this time.

LANCASTER SUCCESSOR AGENCY
No action required at this time.

CITY MANAGER / EXECUTIVE DIRECTOR ANNOUNCEMENTS

CITY CLERK/AGENCY/AUTHORITY SECRETARY ANNOUNCEMENT

PUBLIC BUSINESS FROM THE FLOOR - NON-AGENDIZED ITEMS
This portion of the agenda allows an individual the opportunity to address the Legislative Bodies on any item NOT ON THE AGENDA regarding City/Agency/Authority business and speaker cards must be submitted prior to the beginning of this portion of the Agenda. Please complete a speaker card for the City Clerk/Agency/Authority Secretary and identify the subject you would like to address. We respectfully request that you fill the cards out completely and print as clearly as possible. Following this procedure will allow for a smooth and timely process for the meeting and we appreciate your cooperation. State law prohibits the Legislative Body from taking action on items not on the agenda and your matter may be referred to the City Manager/Executive Director. Individual Speakers are limited to three (3) minutes each unless a different time limit is announced.

CITY COUNCIL / AGENCY/ AUTHORITY COMMENTS

CLOSED SESSION

1. Conference with Legal Counsel - Anticipated Litigation: significant exposure to litigation pursuant to Government Code
Section 54956.9(d) (2) - four potential cases.

2. Conference with Legal Counsel - Anticipated Litigation: consideration of initiation of litigation pursuant to Government Code Section 54956.9(d) (4) – four potential cases.

3. Conference Involving a Joint Powers Agency: Antelope Valley Air Quality Management District Pursuant to Government Code Section 54956.96 Discussion will concern: Antelope Valley Air Quality Management District v. United States Environmental Protection
Agency, et al. 9 Cir. Case No. 23-1614 Name of local agency representative on joint powers agency board: Marvin Crist, Ken Mann
th
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA – TUESDAY, 09/10/2024
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4. Antelope Valley Groundwater Cases Included Action:

Los Angeles County Waterworks District No. 40 v. Diamond Farming Co.

Superior Court of California, County of Los Angeles, Case No. BC325201; Los Angeles County Waterworks District No. 40 v. Diamond Farming Co.

Superior Court of California, County of Kern, Case No. S-1500-CV-254-348; Wm. Bolthouse Farms, Inc. v. City of Lancaster, Diamond Farming Co. v.

City of Lancaster, Diamond Farming Co. v. Palmdale Water District Superior Court of California County of Riverside, consolidated actions; Case Nos. RIC 353 840, RIC 344 436, RIC 344 668

5. Brisa Mahoney, et al. v. City of Lancaster, et al., LASC Case No. 2OSTCV02556

6. Romines v. City of Lancaster, et al,, LASC Case No. 20AVCV00345

7. Moujan v. City of Lancaster et al., LASC Case No. 20AVCV00205

8. Lancaster v. Netflix, et al., LASC 21STCV01881

9. Castro v. Lancaster

10. Montenegro v. Green, LASC Case No. 22AVCV01050

11. Perez v. Lancaster, LASC Case No. 23AVCV00577

12. City of Whittier v. Superior Court, LASC Case No. 23 STCP03579

ADJOURNMENT
Next Regular Meeting:

October 08, 2024 at 1:30 PM

MEETING ASSISTANCE INFORMATION
In compliance with the Americans with Disabilities Act, this meeting will be held at a location accessible to persons with disabilities; if you need special assistance to participate in this meeting, please contact the City Clerk at (661)723-6020. Services such as American Sign Language interpreters, a reader during the meeting, and/or large print copies of the agenda are available. To ensure availability, you are advised to make your request at least 72 hours prior to the meeting/event you wish to attend. Due to difficulties in securing sign language interpreters, five or more business days notice is strongly recommended. For additional information, please contact the City Clerk at (661)723-6020.

AGENDA ADDENDUM INFORMATION
On occasion items may be added after the agenda has been mailed to subscribers. Copies of the agenda addendum item will be available at the City Clerk Department and are posted with the agenda on the windows of the City Council Chambers. For more information, please call the City Clerk Department at (661) 723-6020.

All documents available for public review are on file with the City Clerk Department.

CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA – TUESDAY, 09/10/2024
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CC 2

9/10/2024
TN
Tuesday, August 27, 2024

CALL TO ORDER
Mayor Parris called the meeting of the Lancaster City Council/ Successor Agency/Financing /Power Authority to order at 1:33 p.m.

ROLL CALL
PRESENT: City Council Members /Agency Directors/Authority Members: Hughes-Leslie, Malhi, Mann, Vice Mayor/Vice Chair Crist
EXCUSED: City Council Member Hughes-Leslie
On a motion by Mayor Parris and seconded by Vice Mayor Crist, the City Council excused Council Member Hughes-Leslie from the regular meeting of August 27, 2024, by the following vote: 4-0-0-1; AYES: Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT:

Hughes-Leslie
STAFF MEMBERS:

City Manager/ Executive Director; Assistant City Manager/Deputy Executive Director; City Attorney/Agency/Authority Counsel; City Clerk/Agency/Authority Secretary; Director-Public Works; Director-Parks, Recreation, Arts, & Community Services; Senior Director/TreasurerAdmin Services; Assistant Chief of Police/Assistant Director of Public Safety

INVOCATION
Deputy Mayor Shawn Cannon

PLEDGE OF ALLEGIANCE
Vice Mayor Crist

CONSENT CALENDAR
CC/SA/FA/PA Minutes-08/27/24
2 On a motion by Vice Mayor Crist and seconded by Council Member Mann, the City Council approved the Consent Calendar as comprised, by the following vote: 4-0-0-1; AYES: Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: HughesLeslie CC 1. ORDINANCE WAIVER
Waived further reading of any proposed ordinance. (This permits reading the title only in lieu of reciting the entire text.)
CC 2. MINUTES
Approved the City Council/Successor Agency/Financing/Power Authority Regular Meeting Minutes of August 13, 2024.

CC 3. CHECK REGISTERS – JULY 21, 2024, THROUGH AUGUST 10, 2024

Approved the Check and Wire Registers for payments made July 21, 2024, through August 10, 2024, in the amount of $15,623,970.05 as presented.

CC 4. MONTHLY REPORT OF INVESTMENTS-JUNE & JULY 2024
Accepted and approved the June and July 2024 Monthly Report of Investments as submitted.

CC 5. ADOPT ORDINANCE AMENDING SECTION 2.04.040 OF THE LANCASTER

MUNICIPAL CODE CONCERNING VACANCIES ON THE CITY COUNCIL OR IN THE

OFFICE OF THE MAYOR

Adopted Ordinance No. 1119 Amending Section 2.04.040 of the Lancaster Municipal Code Concerning Vacancies on the City Council or in the Office of the Mayor.

CC 6. ADOPT ORDINANCE ADDING SECTION 2.04.055 TO THE LANCASTER MUNICIPAL CODE CONCERNING STATEMENTS PURSUANT TO SECTION 13307

OF THE ELECTIONS CODE SUBMITTED BY CANDIDATES FOR ELECTIVE

OFFICES

Adopted Ordinance No. 1118 adding Section 2.04.055 to the Lancaster Municipal Code concerning statements pursuant to Section 13307 of the Elections Code submitted by candidates for elective offices.

CC 7. ASSIGNMENT AND ASSUMPTION AGREEMENT REGARDING SUBARU

ANTELOPE VALLEY AND HONDA LANCASTER

1. Approved an Assignment and Assumption Agreement with Trust Automotive.

CC/SA/FA/PA Minutes-08/27/24
3 1. Authorized the City Manager, or his designee, to negotiate, finalize, and execute the agreement in a form to be approved by the City Attorney.

CC 8. APPROVE ONE YEAR EXTENSION AND TWO OPTIONAL EXTENSIONS WITH PARKWOOD LANDSCAPE MAINTENANCE, INC. CONTRACT FOR THE

CITY LANDSCAPE MAINTENANCE PROGRAM

a. Approved one-year extension with Parkwood Landscape Maintenance, Inc. for professional landscape maintenance services, which includes a 4% Consumer Price Index (CPI) increase for an amount not to exceed $1,999,328.23 for September 2024 through August 2025. Approved two (2) optional contract years which can include an authorization of up to a 5% CPI increase per year.
b. Approved spending authority for an additional 5% contingency that will be used for additional areas added to the contract under this extension. c. Authorized the City Manager, or his designee, to sign all documents.

CC 9. TAX SHARING RESOLUTION FOR PROPOSED ANNEXATION NO. 40-164 (04-220) INTO LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40,

ANTELOPE VALLEY

Adopted the Tax Sharing Resolution for proposed Annexation No. 40-164 (04-220) into Los Angeles County Waterworks District No. 40, Antelope Valley. Directed the City Clerk to route three (3) copies of the tax share resolution to the City Attorney and the Mayor for wet signatures.

CC 10.Tax Sharing Resolution for Proposed Annexation No. 40-167 (04-223) into Los Angeles County Waterworks District No. 40, Antelope Valley

Adopted the Tax Sharing Resolution for proposed Annexation No. 40-167 (04-223) into Los Angeles County Waterworks District No. 40, Antelope Valley. Directed the City Clerk to route three (3) copies of the tax share resolution to the City Attorney and the Mayor for wet signatures.

CC 11.TAX SHARING RESOLUTION FOR PROPOSED ANNEXATION NO. 14-450 INTO LOS ANGELES COUNTY SANITATION DISTRICT NO. 14

a. Adopted the Tax Sharing Resolution for proposed Annexation No. 14-450 into Los Angeles County Sanitation District No. 14.
b. Directed the City Clerk to route three (3) copies of the tax share resolution to the City Attorney and the Mayor for wet signatures.

CC/SA/FA/PA Minutes-08/27/24
4 CC 12.TAX SHARING RESOLUTION FOR PROPOSED ANNEXATION NO. 14-453 INTO LOS ANGELES COUNTY SANITATION DISTRICT NO. 14

a. Adopted the Tax Sharing Resolution for proposed Annexation No. 14-453 into Los Angeles County Sanitation District No. 14.
b. Directed the City Clerk to route three (3) copies of the tax share resolution to the City Attorney and the Mayor for wet signatures.

CC 13.AWARD CONTRACT FOR REQUEST FOR PROPOSAL 827-24 TREE TRIMMING SERVICES TO TIP TOP ARBORISTS, INC.

1. Awarded contract for Request for Proposal (RFP) 827-24-Tree Trimming Services to Tip Top Arborists, Inc. in an amount not to exceed $286,796 for tree trimming services for contract year one (September 1, 2024-June 30, 2025) and up to a maximum 5% Consumer Price Index (CPI) increase for the second and third contract years. The contract also provides two optional one-year extensions.

2. Found that this item is not a project under the California Environmental Quality Act.

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

CC 14.AWARD CONTRACT FOR REQUEST FOR PROPOSAL 827-24 TREE TRIMMING SERVICES TO WEST COAST ARBORISTS, INC.

1. Awarded contract for Request for Proposal (RFP) 827-24 Tree Trimming Services to West Coast Arborists, Inc. in an amount not to exceed $275,515 for tree trimming services for contract year one (September 1, 2024-June 30, 2025) and up to a maximum 5% Consumer Price Index (CPI) increase for the second and third contract years. The contract also provides two (2) optional one-year extensions.

2. Found that this item is not a project under the California Environmental Quality Act.

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

CC 15.FEDERAL DIGITAL EQUITY COMPETITIVE GRANT PROGRAM
ACCEPTANCE.

Authorized the City to enter into a binding agreement with the County of Los Angeles to develop, implement, and assess digital inclusion activities under the Federal Digital Equity Competitive Grant Program. Granted the City Manager and their designee the authority to sign the Federal Digital Equity Competitive Grant Program Letter of Commitment and related documents.

CC/SA/FA/PA Minutes-08/27/24
5 NB 1. THIRD AMENDMENT TO THE AMENDED AND RESTATED JPA BETWEEN

THE CITY OF LANCASTER, PALMDALE, AND COUNTY OF LOS ANGELES FOR THE ANTELOPE VALLEY TRANSIT AUTHORITY (AVTA).

George Harris, II, Senior Director/Treasure-Admin Services presented the staff report on this item.

On a motion by Vice Mayor Crist and seconded by Council Member Malhi, the City Council approved item number NB 1 as comprised, by the following vote: 4-0-0-1; AYES: Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: HughesLeslie Approved Recommendation(s):
1) Approved third amendment to the agreement between City of Lancaster, City of Palmdale, and County of Los Angeles for the Antelope Valley Transit Authority (AVTA) transit service agreement.
2) Appropriated $480,000 to account 21819000.5710 for FY 24/25 budget year. 3) Authorized the City Manager, or his designee, to negotiate, finalize, and execute the agreement amendment and all future amendments in a form to be approved by the City Attorney
NB 2. GOVERNOR NEWSOM’S EXECUTIVE ORDER N-1-24

Rod Armalin, Chief of Police presented the staff report on this item.

Discussion among Council included the definition of what is considered personal property. Council also discussed cost to cleanup homeless encampments.

Mayor Parris directed staff to develop policies and procedures to prioritize services for homeless single women.

On a motion by Vice Mayor Crist and seconded by Council Member Mann, the City Council, directed staff to conform its standard operating procedures and policies to Executive Order N-1-24 regarding homeless encampments by the following vote: 4-0-0- 1; AYES: Malhi, Mann Crist, Parris; NOES: None; ABSTAIN: None; ABSENT:

Hughes-Leslie
CR1. COUNCIL REPORTS
Staff provided a video recap of the AV Alta FC Stadium groundbreaking.

Council Member Malhi reported on the importance of bringing back Emergency Preparedness/Ready Lancaster program.

Vice Mayor Crist reported on the City’s Strategic/Succession Planning.

LANCASTER HOUSING AUTHORITY
CC/SA/FA/PA Minutes-08/27/24
6 No action required at this time.

LANCASTER FINANCING AUTHORITY
No action required at this time.

LANCASTER POWER AUTHORITY
No action required at this time.

LANCASTER SUCCESSOR AGENCY
No action required at this time.

CITY MANAGER / EXECUTIVE DIRECTOR ANNOUNCEMENTS .

Trolis Niebla, City Manager elaborated on the City’s strategic planning. The City Manager also announced current openings for law enforcement officers. The City Manager also announced the recent illegal cannabis operation and closure of party house. The City Manager also announced upcoming events such as Halloween Haunt, Field of Drafts and the Mariposa Park Ribbon Cutting.

CITY CLERK /AGENCY/AUTHORITY SECRETARY ANNOUNCEMENT
The City Clerk provided the public with the procedure to address the City Council/Successor Agency/Authority regarding non-agendized items.

PUBLIC BUSINESS FROM THE FLOOR - NON-AGENDIZED ITEMS
Addressing the City Council at this time:

Ramona Russum- discussed various issues.

Deputy Mayor Shawn Cannon- provided information regarding community assistance programs and Youth for Justice.

David Paul- discussed constructing a future model for homelessness issue.

Vanetta Hall-discussed safety concerns regarding residence and neighborhood.

CITY COUNCIL/AGENCY/AUTHORITY COMMENTS
Deputy Mayor Varden announced success with efforts taken to make Sierra Highway better.

ADJOURNMENT
Mayor Parris adjourned the meeting at 2:13 p.m. and stated the next City Council/Successor Agency/Financing/Power Authority meeting will be held on Tuesday, September 10, 2024 at 1:30 p.m.

PASSED, APPROVED and ADOPTED this 10th day of September 2024, by the following vote:

CC/SA/FA/PA Minutes-08/27/24
7 AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
__________________________ _____________________________ ANDREA ALEXANDER R. REX PARRIS

CITY CLERK MAYOR/CHAIRMAN
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss
CITY OF LANCASTER }

CERTIFICATION OF MINUTES

CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/ POWER AUTHORITY I, ___________________________, ___________________________ of the City of Lancaster, CA, do hereby certify that this is a true and correct copy of the original City Council/Successor Agency/ Financing/ Power Authority Minutes, for which the original is on file in my office.

WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, CA on this _______________ day of ______________________, ____________. (seal)
_____________________________________

STAFF REPORT
City of Lancaster
CC 3
9/10/2024
TN
Date: September 10, 2024
To: Mayor Parris and City Council Members
From: Jason Caudle, CEO Lancaster Energy
Subject: Capital Improvement Program Appropriation for the Lancaster Energy Incubator Renovation Project
Recommendation:

G.C. Section 84308: No
Fiscal Impact:
$74,775.00 appropriation from fund balance to account number CP11BS047.

Background:

Duke Engineering, who will provide architectural and engineering design services for the Incubator renovation, was selected from the Multi-Year Professional Service Agreement RFQ 769-22. Their previous exceptional performance on the City Hall Renovation Project and familiarity with the City of Lancaster made them a great candidate for our current needs.

This appropriation will fund the design phase of the project. Proposed tenant improvements will renovate approximately 4,000 SF of the existing 29,000 SF building located at 104 East Avenue K-4, Suite F, in the City of Lancaster. The renovation will reconfigure existing offices, restrooms, hallways, and common areas; extend fiber to the building and modernize the facility; include Americans with Disabilities Act (ADA) improvements within the tenant improvement area and building exterior; specify Furniture, Fixtures, and Equipment (FF&E) layouts, exterior painting, and parking lot treatment; repair and replace boarded windows and entryways to secure perimeter of the existing building; as well as other miscellaneous facility improvements.

Appropriation for the construction phase will occur under separate action with the Award of Construction.

Attachment:

STAFF REPORT
City of Lancaster
CC 4
9/10/2024
TN
Date: September 10, 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. 22-011 – 2022 Annual Thermoplastic Refresh Program
Recommendation:

Accept the work constructed by Sterndahl Enterprises, LLC, for Public Works Construction Project No. 22-011, 2022 Annual Thermoplastic Refresh Program, 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).

G.C. Section 84308: No
Fiscal Impact:
$948,695.34 (including 20% contingency) was awarded based on the original contract. There was one (1) Contract Change Order for this project in the amount of $108,554.95, which brought the contract cost from $790,579.45 to $899,134.40. Sufficient funds were available in Capital Improvements Budget Account Numbers CP15ST080.CONST, GL Account 21249900.8000, 21649900.8000, 21749900.8000, and 41449000.8000.

Background:

The project was a maintenance effort to refresh approximately twenty-one (21) roadway miles of fading long line striping throughout the City. Thermoplastic traffic paint was used because it lasts much longer than the alternative and is more visible to the driver, creating safer roadways in the City. Locations were prioritized based on the age of existing striping and traffic volumes.

The project locations were:
17th Street West – Avenue K to Avenue K-8
15th Street East – Avenue J to Avenue K-8
32nd Street West – Lancaster Boulevard to Avenue J-12 Lancaster Boulevard – Division Street to Challenger Way 25th Street West – Lancaster Boulevard to Avenue J
Lancaster Boulevard – 35th Street West to 30th Street West 35th Street West – Lancaster Boulevard to Avenue J-12 45th Street West – Avenue J to Avenue K
15th Street West – 17th Street West to Avenue K-8
Avenue J-8 – 27th Street East to 40th Street East
Avenue K-8 – 30th Street East to 35th Street East
Avenue K-8 – 5th Street East to 20th Street East
20th Street East – Avenue K to Avenue K-8
Avenue J-8 – 22nd Street East to 25th Street East
25th Street East – Avenue J-8 to Avenue K-4
25th Street East – Avenue I to Avenue J-2
65th Street East – Avenue L to Avenue L-8
Lancaster Boulevard – 30th Street East to 40th Street East Additive Alternate 1: Sierra Highway – Avenue G to Avenue I Additive Alternate 2: 20th Street West – Avenue H to Avenue I Additive Alternate 3: Avenue L-8 – 40th Street West to 26th Street West Additive Alternate 4: Avenue L-8 – 67th Street West to 52nd Street West Additive Alternate 5: 35th Street West – Avenue K-8 to Avenue L 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”). The PWCP 22-011 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 occurs later.

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

The project was substantially completed on October 4, 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 $899,134.40.

ML:VB/js
Attachments:

Notice of Completion
Vicinity Map

STAFF REPORT
City of Lancaster
CC5
9/10/24
TN
Date: September 10, 2024
To: Mayor Parris and City Council Members
From: Sonya Patterson, Director - Parks, Arts, Recreation, and Community Services Department
Subject: Accept Los Angeles County Region Park and Open Space District (RPOSD) Measure A Grant
Recommendation:

A. Accept $1,328,747.27 in Los Angeles County RPOSD Measure A grant funds to revenue account 210.6990.4998.

B. Appropriate Los Angeles County RPOSD Measure A grant funds in the amount of $1,328,747.27 to expenditure account 210.6990.5656.

G.C. Section 84308: No
Fiscal Impact:

No impact to general fund. Funded by Los Angeles County Regional Parks and Open Space (RPOSD) Measure A funds.

Background:

In November 2016, Los Angeles County voters approved the Los Angeles County Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A). Funding through the program is generated in perpetuity through the collection of a parcel tax. Measure A provides the City of Lancaster with formula-based annual allocations, which can be utilized for park improvement projects.

On May 28, 2019 City Council adopted Resolution 19-21; approving the blanket authority to file applications with the RPOSD for Measure A Funds for projects or programs; and appointing the City Manager, or designee, to conduct all negotiations, and to execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests and so forth, which may be necessary for the completion of projects and programs.

The community actively participated in engagement sessions at Samaritan's Purse Park (SPP), formerly El Dorado Park, through which it was recognized there is a need for a safe and inclusive play space for children of all ages. In May 2024 the City of Lancaster applied to RPOSD to utilize Measure A allocation grant funds to replace the SPP playground.

Thanks to Measure A funds awarded by RPOSD, SPP will receive a modern, safe, and accessible play structure for children ages 2-12 as part of the park renovation project. This exciting new playground will feature a variety of play features, swing sets, and a pour-in-place rubber surface that prioritizes safety, durability, and accessibility for everyone in the community.

Attachment:

RPOSD Grant Agreement
SP:AC

STAFF REPORT
City of Lancaster
CC 6
09/10/2024
TN
Date: September 10, 2024
To: Mayor Parris and City Council Members
From: Rodrick Armalin, Chief of Police - Lancaster Police Department Subject: Accept Los Angeles County Local Solutions Funds (Measure H) Recommendations:

1. Accept Los Angeles County Local Solutions Funds (Measure H) in the amount of $1,499,314.00 to revenue account 20230000.4998

G.C. Section 84308: No
Fiscal Impact:

Sufficient funding has been budgeted in Account #20230000.5656 project string HMLSINNOV4 for FY25.

Background:

On May 24, 2022 the City accepted Innovation II funds in the amount of $2,379,969, and on May 7, 2024 the City accepted Innovation III funds in the amount of $1,804,760, as awarded through the Funding Agreement Between County of Los Angeles and the City of Lancaster for Homeless Services Contract No. HI-23-004. These funds have subsequently been programmed and expended to combat homelessness in the City.

This report focuses on accepting funds in the amount of $1,499,314 through the Funding Agreement Between County of Los Angeles and the City of Lancaster for Homeless Services Contract No. HI-23-004, Amendment One. The updated funding agreement balance with acceptance of these funds is $5,684,043 (Includes only Innovation II, Innovation III, and Amendment One funds).

All prior Measure H funds received are as follows:
 2018 Homeless Plan Implementation Funds (FY 18/19 - $600,000)  Innovation I Funds (FY 19/20 - $449,642)
 Covid Hygiene Funds (FY 20/21 - $28,156)
 Bridge Funds (FY 20/21 - $96,500)
 Innovation II Funds (FY 21-23 - $2,379,969)
 Innovation III Funds (FY 23/24 - $1,804,760)
Total Measure H funds: $6,858,341
CM:jw
Attachment:

Funding Agreement Between County of Los Angeles and the City of Lancaster for Homeless Services Contract No. HI-23-004
Funding Agreement Between County of Los Angeles and the City of Lancaster for Homeless Services Contract No. HI-23-004 – Amendment One

STAFF REPORT
City of Lancaster
CC 7
9/10/2024
TN
Date: September 10, 2024
To: Mayor Parris and City Council Members
From: Sonya Patterson, Director - Parks, Arts, Recreation, and Community Services Department
Subject: Award Contract for Request for Proposal 831-24 Parks and Facilities Landscape Services to Landscape Connection Group Inc.

Recommendations:

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

3. Authorize the City Manager, or his designee, to sign all documents, including up to two 1- year extensions.

G.C. Section 84308: No
Fiscal Impact:
$852,424 for FY25 (including 5% contingency). Funding is available in account number 101- 63000-5755 Landscape Contractors.

Additional years will be budgeted for during the annual budget process and may include up to a 5% contingency.

Background:

A Request for Proposal was issued on May 29, 2024. The RFP was advertised on Planet Bids.

Proposals were received from four (4) firms. A committee comprised of staff from Community Development and PARCS Departments received and reviewed the proposals, using the following evaluation measures identified in the Request for Proposal: pricing; quality, performance, and effectiveness of solution; qualifications and experience of proposer; responsiveness and completeness of proposal; verification of references; and local preference. After the evaluation process it was determined Landscape Connection Group Inc. was the contractor who could provide the best service to the city.

SP:rg
Attachment:

RFP 831-24 Parks and Facilities Services Agreement: RFP 831-24 Landscape Services Agreement: RFP 831-24

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AGREEMENT FOR PARKS AND FACILITIES LANDSCAPE SERVICES
This agreement for Parks and Facilities Landscape Services (this “AGREEMENT”) is made and entered into this 10th day of September 2024, by and between the CITY OF LANCASTER, a municipal corporation and charter city (the “OWNER”), and Landscape Connection Group Inc. (the CONTRACTOR).

RECITALS
Whereas, OWNER desires to engage CONTRACTOR to perform certain services, as provided herein, identified as:

RFP 831-24 PARKS AND FACILITIES LANDSCAPE 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
The parties to this AGREEMENT are:

OWNER: City of Lancaster
CONTRACTOR: Landscape Connection Group Inc.

2. Notices: All written notices required by or related to this AGREEMENT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below.

Neither party to this AGREEMENT shall refuse to accept such mail; parties to this AGREEMENT shall promptly inform the other party of any changes of address. All notices required by this AGREEMENT are effective on the day of receipt, unless otherwise indicated herein.

OWNERS PARCS DIRECTOR
City of Lancaster
44933 North Fern Avenue
Lancaster, CA 93534
CONTRACTOR Landscape Connection Group Inc.

Michael Ayala, President & CEO
3313 West Avenue N-8
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Palmdale, CA 93551
Phone 661-526-8739
Email [email protected]

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

4. Incorporation by Reference: The OWNER’S RFP 831-24 and the CONTRACTOR’S proposal is hereby incorporated in and made a part of this AGREEMENT.

CONTRACTOR agrees to comply with all of the requirements set forth therein.

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

First: This AGREEMENT
Second: The OWNER’S RFP 831-24, all attachments and all addenda Third: The CONTRACTOR’S proposal

6. Description of Work: OWNER hereby engage CONTRACTOR, and CONTRACTOR accepts such engagement, to perform the services set forth in the “Scope of Services” attached hereto as EXHIBIT A. CONTRACTOR shall perform and complete, in a manner satisfactory to OWNER, all work and services set forth in the Scope of Services.

The PARCS Director or her/his designee shall have the right to review and inspect the work during its performance at such times as may be specified by the PARCS Director or her/his designee.

7. Obligations of the OWNER:
a. The total compensation to be paid by OWNER to CONTRACTOR for all work and services described in the “Scope of Work” shall be paid at the rates included in the schedule of pricing, billed per quantity of work actually completed.

CONTRACTOR’S fees and charges for the work and services performed shall in no event exceed those set forth in “Term and Payment Clause” attached hereto as EXHIBIT B attached hereto and made part hereof.

8. Obligations of the CONTRACTOR
a. CONTRACTOR shall perform as required by this AGREEMENT.

CONTRACTOR also warrants on behalf of itself and all subcontractors engaged in the performance of this AGREEMENT.

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b. CONTRACTOR shall be responsible for payment of all employee’s and subcontractor’s wages and benefits and shall comply with all requirements pertaining to employer's liability, workers’ compensation, unemployment insurance, and Social Security.

9. 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 rate for this project. These rates are on file with the OWNER and copies will be made available to any interested party upon request. 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 her/him. Section 1777.5, as amended, requires the CONTRACTOR or subcontractor employing tradesmen in any apprentice able 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:
i. 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
ii. When the number of apprentices in training in the area exceeds a ratio of one to five; or
iii. 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
iv. When the CONTRACTOR provides evidence that she/he employs registered apprentices on all of her/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 she/he employs registered apprentices or journeymen in any apprentice able trade on such contracts and if other contractors on the public works site are making such contributions.

The CONTRACTOR and any subcontractor under her/him 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 Landscape Services Agreement: RFP 831-24

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the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. c. 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. OWNER 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.

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

11. Hold Harmless and Indemnification: CONTRACTOR agrees to indemnify and hold harmless the OWNER, its officers and employees, from and against any and all claims, losses, obligations, or liabilities whatsoever, including reasonable Attorneys' fees, incurred in or in any manner 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 OWNER, its officers and employees, from and against any and all claims arising from any alleged negligent or wrongful acts, errors or omissions on the part of CONTRACTOR or on the part of its employees.

12. 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 PARCS Director and the CONTRACTOR.

13. 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. OWNER shall have access to al 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.

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14. Termination for Convenience: The OWNER may terminate this AGREEMENT at any time without cause by giving fifteen (15) days written notice to CONTRACTOR of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall, at the option of the OWNER, become the OWNER’S property. If this AGREEMENT is terminated by OWNER as provided herein, CONTRACTOR will be paid a total amount equal to its costs as of the termination date, plus ten percent (10%) of that amount for profit. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this AGREEMENT.

15. Default and Termination for Cause
a. In the event CONTRACTOR fails to perform all or any part of this AGREEMENT, OWNER may in its sole and absolute discretion (i) terminate this AGREEMENT pursuant to paragraph B of this Section, (ii) deduct and withhold from the payments otherwise due under this AGREEMENT the applicable unit price(s) set forth in CONTRACTOR’S Schedule of Pricing and Bid Schedule for the number of line items CONTRACTOR has failed to perform and provide written notice to CONTRACTOR of each such deduction as well as the reason(s) therefor, and/or (iii) assess liquidated damages as set forth in in Section 16. b. The City Manager or his/her designee of the OWNER may, by written notice to CONTRACTOR, terminate the whole or any part of this AGREEMENT in any of the following circumstances:
i. If CONTRACTOR fails to perform the services required by this AGREEMENT within the time specified herein or any authorized extension thereof; or
ii. 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, and in either of these circumstances does not correct such failure within a period of ten (10) days (or such longer period that OWNER may authorize in writing) after receipt of notice from OWNER specifying such failure.
c. In the event OWNER terminates this AGREEMENT in whole or in part as provided above in paragraph B of this Section, OWNER may procure, upon such terms and in such manner as it may deem appropriate, services similar to those terminated.
d. If this AGREEMENT is terminated as provided above in paragraph B of this Section, OWNER may require CONTRACTOR to provide all finished and unfinished documents, data, studies, drawings, maps, photographs, reports, etc., prepared by CONTRACTOR. Upon such termination, CONTRACTOR shall be paid an amount equal to the contract amount, less the cost of hiring another CONTRACTOR to complete CONTRACTOR’S services. In the event no new Landscape Services Agreement: RFP 831-24

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CONTRACTOR is employed, CONTRACTOR shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to completed work and work in progress, complete and incomplete drawings, and other documents whether delivered to OWNER or in possession of CONTRACTOR, and authorized reimbursement expenses. e. If, after notice of termination of the AGREEMENT under the provisions of this Section, it is determined, for any reason, that CONTRACTOR was not in default, or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 14.

16. Non-Satisfactory Performance: The parties recognize and agree that if CONTRACTOR fails to perform all or a portion of the services set forth in the “Scope of Work” attached hereto as EXHIBIT A at each location listed on EXHIBIT A (each, a “Location”), it is or will be impractical to determine the actual amount of damage caused by reason of such failure. It is therefore agreed that the CITY will deduct from its payments to CONTRACTOR the following sums in the event of the following failures of performance:
a. Failure to complete weed removal at each Location $250.00 per occurrence
b. Failure to complete pest control at each Location $125.00 per occurrence
c. Failure to complete weekly mowing at each Location $250.00 per occurrence
d. Failure to complete weekly cleaning at each Location $125.00 per occurrence

17. 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 OWNER.

It is expressly understood between the parties to this AGREEMENT that no employee/employer relationship is intended; CONTRACTOR is an independent contractor.

18. Insurance
a. The CONTRACTOR, at its expense, shall maintain in effect at all times during the performance of work under this AGREEMENT not less than 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 and tat are admitted insurers in the State of California:

Commercial General Liability
Each Occurrence $1,000,000
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Per Project General Aggregate $2,000,000
Including products/completed operations
Including contractual liability/independent contractors Including broad form property damage
Commercial Automobile Liability
Combined single limit per accident for
bodily injury and property damage $2,000,000
Workers Compensation
As required by the State of California Statutory Limits Employer’s Liability
Each accident $1,000,000
Bodily injury by disease $1,000,000
Each employee $1,000,000
d. Insurance shall be at least as broad as ISO form CG 20 10 11 85 or CG 20 10 10 01 and CG 20 37 10 01 covering Commercial General Liability, Commercial Automobile coverage shall be at least as broad as ISO for CA 00 01. e. 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.
f. A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation/Employers Liability policies and a copy of the endorsement must accompany the certificate.
g. Any deductibles or self-insurance retentions must be declared and approved by the OWNER. At the option of the OWNER, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respect the OWNER insured entities or the insurer shall procure a bond guaranteeing payment or losses and related investigations, claim administration and defense expenses. h. All insurance shall be primary and non-contributory as respects the OWNER insured entities. Any insurance or self-insurance maintained by the OWNER insured entities shall be in excess of the CONTRACTOR’S insurance and shall not contribute to it.
i. The coverage provided under this contract shall not contain any special limitations on the scope of protection afforded to the OWNER insured entities.

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j. Insurance provided and maintained by CONTRACTOR must be placed with insurers with a rating of A-, VIII or better by Best’s Key Rating Guide, latest edition, and that are admitted insurers in the State of California. k. Insurance written on a ‘claims made’ basis must be renewed for a period of five (5) years after this contract expires or is terminated. Such insurance must have the same coverage and limits as the policy that was in effect during the term of this contract and will cover CONTRACTOR for all claims made by the OWNER insured entities arising out of any acts or omissions of CONTRACTOR or its officers, employees, or agents during the time this AGREEMENT was in effect. l. CONTRACTOR shall furnish the OWNER with Certificates of Insurance and with original endorsements effecting coverage required by this contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the OWNER before work commences. The OWNER reserves the right to require complete, certified copies of all required insurance policies at any time.
m. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the OWNER insured entities.
n. Certificates of Insurance must be deposited with the OWNER for all coverage required by this contract. Certificates shall meet the following requirements:
i. Show that the insurance policy has been endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice (10 days written notice for nonpayment) by Certified Mail, return receipt requested to the OWNER. ii. List in the ‘Descriptions of Operations/Locations/Vehicles/Special Items’ section: RFP No. 831-24 Parks and Facilities Landscape Services City of Lancaster, its elected officials, officers, employees, and volunteers are included as additional covered parties, but only insofar as the operations under this contract are concerned.
iii. List in the ‘Certificate Holder’ section: The City of Lancaster, 44933 Fern Avenue, Lancaster, CA 93534.
iv. List I the ‘Cancellation’ section: Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 written notice (10 days written notice for nonpayment) to the Certificate Holders named herein. o. CONTRACTOR shall include all subcontractors as an insured under its policies or shall furnish separate certificates and endorsements for each subcontractor.

Subcontractors are subject to the same insurance requirements as the CONTRACTOR.

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p. The coverage shall contain no special limitations on the scope of protection afforded to the insured entities. The CONTRACTOR’S insurance coverage shall be primary insurance as respects the OWNER’S insured entities.

19. Commencement and Completion of Work: the execution of this AGREEMENT by the parties does not constitute an authorization to proceed. The services of CONTRACTOR shall commence when the OWNER, acting by and through its PARCS Director or her/his designee, has issued the notice to proceed. CONTRACTOR shall have no claim for compensation for any services or work which has not been authorized by the OWNER’S notice to proceed.

20. Data Provided to CONTRACTOR: OWNER shall provide to CONTRACTOR, without charge, all data, including reports, records, maps and other information, now in the OWNER’S possession which may facilitate the timely performance of the work described in the Scope of Services.

21. CONTRACTOR’S Warranties and Representations: CONTRACTOR warrants and represents the OWNER 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 of violation of this warranty, OWNER 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 OWNER 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 OWNER, 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.

22. Resolution of Disputes
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q. 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.
r. 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.
s. 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.

23. Exhibits: The following exhibits to which reference is made in this AGREEMENT are deemed incorporated herein in their entirety:
a. Attachment A: Scope of Work
b. Attachment B: Term and Payment Clause

24. Governing Law: This AGREEMENT shall be governed by the laws of the State of California.

25. Effective Date: This AGREEMENT shall become effective as of the date set forth below on which the last of the parties, whether OWNER or CONTRACTOR, executes this AGREEMENT.

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26. Levine Act:

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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: ___________________________________
Trolis Niebla, City Manager
Dated: __________________________________

CONTRACTOR
By: ____________________________________
Michael Ayala, President & CEO
Dated: __________________________________
ATTEST:
___________________________________
City Clerk
APPROVED AS TO FORM:
___________________________________
City Attorney
CONTRACT SUBMISSION APPROVAL:
____________________________________
Department Head

EXHIBIT A
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SCOPE OF WORK
General
The purpose of these specifications is to provide details and specifications so the Contractor can provide complete and effective landscape maintenance and service to all areas listed in the RFP. It shall be the Contractor’s responsibility to furnish and maintain all tools, equipment, labor, materials, and services necessary for the satisfactory performance of the work set forth in these specifications.

The Contractor is to provide Landscape Services to the parks and facilities identified in the RFP and the RFP Appendices. The Specifications of each task, as also listed in Exhibit B, Term and Payment Clause, include (but are not limited to):
 General Landscape Maintenance Services to Parks and Facilities o Mowing, edging, line trimming of all turfgrass; general clean up o Planter and shrub bed maintenance (weed and trash removal, shrub and plant maintenance)
o Weed abatement
o Pest control
o Cleaning of playground surfaces, decomposed granite planters, and hard surfaces
o Other activities associated with landscape maintenance  Community Homes Maintenance
o General landscape services; general clean up
o Weed abatement
 Aeration and fertilization of turf
 Additive alternates
o Wash and brush hardcourts
o Semiannual weed control
Base Scope of Work Details
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Mow dates and schedules:

From the beginning of March to the end of October: Turfgrass areas shall be mowed weekly at 2” height. Sports turfgrass shall be mowed twice per week at 1 ½” height.

From the beginning of November to the end of February: Turfgrass areas shall be mowed every other week at 2” height. Sports turfgrass shall be mowed every week at 1 ½” height.

The City reserves the right to adjust mow dates, mow schedules, and mow heights pertaining to seasonal and temperature conditions and as needed.

Sports turfgrass shall be defined as: all turfgrass at the Lancaster National Soccer Center, eight (8) softball fields at Sgt. Steve Owen Memorial Park, and two (2) baseball fields at Rawley Duntley Park. See RFP Appendices for details. Sports turfgrass mow height may be decreased or increased at the discretion and need of the City and the City shall provide the Contractor one week’s notice for any turfgrass height changes.

Per instructions in this RFP, all excessive grass clippings shall be removed by the Contractor after each mowing cycle or within 24 hours of request, at Contractor’s expense.

When turfgrass cannot be mowed on the scheduled day—due to weather, or other circumstances—the turfgrass shall be mowed as soon as conditions or circumstances permit, or at the direction of the City’s Project Manager. Depending on site conditions and the height of turfgrass at the time of mowing, the Contractor shall adjust the cutting height so that no more than 1/3 of the turfgrass blade is removed in a single mowing, unless otherwise directed by the City’s Project Manager. The Contractor shall inform the City’s Project Manager immediately in writing when turfgrass cannot be mowed on the scheduled day or at the prescribed height.

The entire property shall be cleaned of turfgrass cuttings, debris, etc. on the same day as mowed. This includes, but is not limited to, parking lots, gutters, sidewalks, patios, plazas, hardcourts, etc. Blowing or sweeping trimmings and debris onto the street, parking lots, hardcourts, plazas, sidewalks, and other non-turfgrass areas will not be permitted.

Areas within the turfgrass that cannot be reached with a mower shall be trimmed using a string trimmer. Turfgrass trimmed with a string trimmer shall be trimmed down to the same height as the surrounding turfgrass that has been mowed using a mower. This trimming includes, but is not limited to, grass along or around walls, fences, foundations, trees, shrubs, poles, tree basins, guy wires, valve boxes, utility boxes, or any other object within turfgrass areas.

All irrigation boxes, utility boxes, valve boxes, vaults, and other relevant objects within Landscape Services Agreement: RFP 831-24

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turfgrass shall be trimmed and exposed to clear view every other mow cycle using a string trimmer. The purpose is for these items to remain visible and exposed year-round.

All curbs, sidewalks, and edges of turf shall be edged every other mow cycle using a lawn edger with a metal blade. Using string trimmers for edging curbs, sidewalks, and edges of turf will not be permitted.

While mowing, trimming, or edging, special care shall be taken to avoid damage to tree trunks, shrubs, sprinklers, buildings, light poles, utilities, amenities, buildings, or structures. If damage is caused by the Contractor, the Contractor shall be responsible for the cost of inspections, repairs, and replacement of the damaged item. The Contractor shall report any damage immediately to the City’s Project Manager. The Cit reserves the right to approve inspection, repair, and replacement methods proposed by the Contractor.

If turfgrass is too wet, too dry or too icy, the Contractor shall report these conditions to the City’s Project Manager in writing immediately. The contractor shall not mow turfgrass areas under these conditions or that are saturated or muddy. However, the City may request that the Contractor use a string trimmer in those areas to provide a uniform appearance of the turfgrass.

Clean-Up and Litter Control
All turfgrass clippings, turfgrass edging debris, tree and shrub trimming debris, other debris, leaves and branches as a result of routine maintenance functions or as naturally occurring shall be collected and removed by the Contractor during each site visit.

All debris along gutters within the Contractor-assigned work areas shall be removed and disposed of by the Contractor during each site visit. Disposing of trimmings, cuttings and debris into public streets, sidewalks or gutters will not be permitted. All walkways will be kept clean and accessible to foot traffic. The Contractor shall not use water to clean sidewalks or walkways.

The following areas shall be cleaned on a weekly basis preferably with the use of backpack blowers: all parking lots, curb and gutter, sidewalks, pathways, hardcourts (tennis, pickleball, basketball, volleyball), and any other assigned areas in the open which collect debris. The use of commercial ride-on vacuums or sweepers is acceptable where appropriate and practical, and upon approval of the Project Manager.

Cleaning Procedures for Playground Areas, Decomposed Granite Hardscapes, and Hard Surfaces
Playgrounds: The Contractor shall clear debris, decomposed granite (DG), sand, wood chip and other materials from playground flooring on a weekly basis. Blowing or sweeping are acceptable methods; use of water for this purpose is not permitted.

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clear debris, sand, decomposed granite, and other materials from walkways, sidewalks, asphalt areas, and concrete areas (including hardcourts) adjacent to decomposed granite planters or hardscapes on a weekly basis. Blowing, sweeping, or vacuuming are acceptable methods; the use of water for this purpose is not permitted.

Planters, Shrub Beds, and Hardscapes
All Parks and Facilities detailed in the RFP Appendices have planters, shrub beds, and/or hardscape areas within them and these areas shall be part of the scope of work of this RFP.

Planters, shrub beds, and hardscape areas assigned to the Contractor shall be maintained to have a clean, properly maintained, and healthy appearance year-round. The Contractor shall provide maintenance to all assigned planter areas, shrub beds, and hardscapes on a weekly basis. Regular maintenance includes weed control, pruning, trash and debris removal, and pest control. It is the Contractor’s responsibility to keep all assigned areas free from weeds, fallen leaves, litter, pests, and debris, which shall be removed completely during each maintenance visit.

General Pruning Criteria: Pruning is the process when individual branches are cut selectively to remove certain parts of a plant, including branches and buds. The Contractor shall prune shrubs as part of routine maintenance and remove the branches and foliage that are: dead; nonproductive; damaged or diseased; obstructing walks or drives; obstructing required utility access; and obstructing required traffic safety sight clearance setbacks. Goals of pruning include: to remove errant branches which detract from their natural form; to aesthetically differentiate shrub types; and to differentiate mass with another shrub type mass, trees, or groundcover. Shrubs should be pruned as needed so that the portion of the branches removed does not exceed six to eight inches in length. Shrubs to be pruned are located in planters and shrub beds that do not serve as hedges or topiaries.

General Shearing Criteria: Shearing is a form of pruning that involves removing the soft, new growth of shrubs and plants. The Contractor shall shear only hedges and topiaries with the use of electric hedge trimmers or manual shears. The form or shape of sheared plants shall be the choice of the City’s Project Manager.

Any shrub with half or more of its total foliage mass dead or dying should be brought to the attention of the City’s Project Manager and removed as directed at the Contractor’s expense. The Contractor shall make a careful analysis of conditions which caused or contributed to the plant's decline. Any detrimental site condition that can be corrected should be accomplished by the Contractor prior to installing any replacement shrub. If irrigation issues are the cause of detrimental conditions, the City shall be responsible for the cost or completion of repairs prior to installing new shrubs.

Replacement of Plants: If damage that results in the death (or life-threatening condition) of any plant, as consequence of the Contractor’s negligence, the Contractor is responsible to remove and replace the plant(s) at their cost. If plants are damaged or die due to causes other Landscape Services Agreement: RFP 831-24

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than Contractor negligence, the City is responsible for the cost of removing and replacing the plant(s). The Contractor shall provide an estimate for hourly rates for this type of work as part of their bid. The City shall provide the Contractor prior approval for the replacement of plants.

Weed Control: Abatement and Removal
The Contractor is responsible, and shall strive for, one hundred percent (100%) elimination of weeds. The Contractor is responsible for weed abatement and weed removal of all assigned areas, as detailed in the RFP Appendices. These assigned areas include, but are not limited to, planters, shrub beds, hardscapes, parking lots, roads, curb and gutter, sidewalks, concrete plazas, hardcourts, fence lines, jogging paths, ballfield infields, and ballfield warning tracks. Weed infestations in these areas (including cement or asphalt cracks, expansion joints, and along walls and fences adjacent to work areas) shall be controlled by chemical, mechanical, or manual methods and removed immediately upon discovery.

During the second week of January of each contract year, the Contractor shall provide the City with a Weed Control Plan that shows how the Contractor will address weed control as specified herein. The Plan must include the weed control methods to be used by the Contractor including, but not limited to, method of removal of weeds, herbicide application, preemergent application, and weekly abatement plans. In addition to the plan, the Contractor shall apply pre-emergent and post-emergent (contact) herbicides seasonally and as necessary to abate weeds as they appear.

Weeds in turfgrass areas are not the responsibility of the Contractor; the Contractor’s responsibility is to report the presence of weeds within turfgrass areas to the Project Manager as soon as they discover them.

The application of herbicides shall be in accordance with a program designed by a State licensed Pest Control operator and approved by the City’s Project Manager. The application of herbicides shall be in accordance with the product manufacture’s guidelines and instructions. For each occurrence of herbicide application, the Contractor shall submit a Pesticide/Herbicide Application Report which contains relevant information including, but not limited to: applicator name, location of application, type and quantity of chemical used, and target pest. See Appendices for Sample Report.

Pest Control
Rodents: the Contractor is responsible for keeping all assigned areas, as detailed in the RFP Appendices, free and clear of pest infestations at all times. Target pests include, but are not limited to, burrowing squirrels and gophers. The Contractor shall develop and implement a continual pest control program which monitors assigned areas frequently and immediately treats and removes pests from those areas. Such program shall be developed by a Statelicensed pest control operator, be in accordance with regulations of the State of California, Landscape Services Agreement: RFP 831-24

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and be approved by the City’s Project Manager.

When infestation issues are discovered or reported to the Contractor, the Contractor shall address the issues within one week of pest discovery with the use of a State-licensed pest control operator. If the reported infestation issues are at and within Sports Turfgrass (as defined in this RFP), the Contractor shall address issues within 48 hours. A timeline for infestation mitigation shall be provided to, and agreed upon by, the City’s Project Manager in writing. Strict adherence to the timeline shall be observed by the Contractor.

The Contractor is responsible for filling holes and eliminating mounds that resulted due to pest invasion or infestation on all Turfgrass and Sports Turfgrass weekly and within 24 hours of discovery or notification by the Project Manager.

Plant and Shrub Pest Control: The Contractor shall inspect all plants in planters and shrub beds monthly for fungus and insect infestation, and report results to the City’s Project Manager via a monthly report. See RFP Appendices for report sample.

Should the City decide so, the Contractor may apply herbicide or insecticide to affected Plant and Shrub areas. The City shall bear the cost of the herbicides or pesticides, and the labor cost for such application. The Contractor shall provide an estimate of labor cost for this type of operation as part of the bid. If the Contractor is selected for herbicide or pesticide application, the Contractor must do so in accordance with a program designed by a Statelicensed Pest Control operator, and approved by the City’s Project Manager.

For each occurrence of herbicide or pesticide application, the Contractor shall submit a Pesticide/Herbicide Application Report which contains relevant information including, but not limited to: applicator name, location of the application, type and quantity of chemical used, target pest. See RFP Appendices for Sample Report.

Community Homes
The Contractor shall provide landscape maintenance services to ten (10) community homes around Lancaster. The Contractor shall follow the turfgrass maintenance requirements detailed in Section 2: Turfgrass Maintenance and Section 3: Base Scope of Work, which include mowing frequency, mow height, edging and line trimming specifications, and clean up procedures. Additional details (including procedures to access front and back yards) will be discussed during pre-construction meeting with the selected contractor.

Scope of work for each Community Home includes, but is not limited to, mowing turfgrass; edging turfgrass perimeters; edging around trees and any other objects within turfgrass; remove weeds and trash from planters; trim shrubs; clean up all surrounding areas of debris generated by the landscape operation; and pest control.

Turfgrass Aeration
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All turfgrass areas detailed in the RFP Appendices shall be aerated by the Contractor four (4) times per year. Aeration cycles shall take place during the last week of each of the following months: March, May, August, and October (or when directed by the Project Manager). The Contractor shall provide the staffing and equipment necessary to aerate all sites and shall assume the cost of doing so. The Contractor shall provide the City with a schedule of aeration a minimum of two weeks in advance of said operation.

The Contractor shall be responsible for marking all irrigation heads, valve boxes, and other City assets in the pathway of the aerator with highly visible marking flags so as not to damage these assets during the aeration operation. The Contractor shall be responsible for all damages to City assets that result from the Contractor’s aeration operation. The Contractor shall immediately report all damages to the City’s Project Manager. All repair and replacement parts shall be approved by the City’s Project Manager.

Aeration equipment shall be of a commercial type, equipped with aerating blades of the slicing type. The precise type of slicing blade (width, length) shall be approved by the Project Manager prior to each aeration cycle. The City reserves the right to inspect and approve aeration equipment prior to each use. Aeration equipment and blades shall be adjusted and operated in a manner which allows the blades to enter and exit the turfgrass without causing visible damage to the turfgrass. Aeration shall be performed to a depth between 4 inches and 6 inches. If this depth is not achieved, the Contractor shall restart aeration operations and ensure the required depth is met. Failure to meet the requirements of Turfgrass Aeration shall trigger the Liquidated Damages clause stated herein.

Turfgrass Fertilization
All turfgrass areas detailed in the RFP Appendices shall receive fertilizer applications four (4) times per year. Fertilizer application shall take place during the first week of each of the following months: April, June, September, and November (or one week after each of the Aeration cycles have taken place, or when directed by the Project Manager). The City shall provide the fertilizer and the fertilizer application rates for each site; fertilizer shall be of granular type. Fertilizer application shall occur after the mow day of the week. The Contractor shall follow fertilizer manufacturer’s instructions for proper application.

The Contractor shall provide the staffing and equipment necessary to spread fertilizers and shall assume the cost of doing so. Fertilizer spreader must be of a commercial type, capable of the following: spreading granular fertilizer; pattern and settings adjustments to guarantee that fertilizer is spread evenly and as intended; accurate metering of fertilizers; and meeting the City’s fertilizer application rate requirements. The City’s Project Manager must approve the type of equipment prior to use. Fertilizers shall be of the granular type; no liquid fertilizers shall be applied to turfgrass.

The Contractor shall strive to ensure that fertilizer granules end up in the targeted areas and not in unintended areas. Target areas are turf or areas with plants that have been selected for Landscape Services Agreement: RFP 831-24

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fertilization. Unintended areas are hard surfaces or areas without plants that are not selected for fertilization. After each fertilizer application, the Contractor shall remove from all sites any fertilizer granules that end up on unintended areas as result of the fertilizing operations.

Blowing or sweeping of the granules back into target areas is acceptable. Disposing of fertilizer granules into gutters, drainage channels, or any other unintended area is not permitted. The use of water to wash fertilizer granules off of unintended areas is not permitted.

The Contractor shall provide the City with a schedule of fertilization for each site a minimum of two weeks in advance of said operation. Any variations to the fertilization schedule shall be approved by the City’s Project Manager. Failure to meet the Turfgrass Fertilization requirements as detailed herein shall trigger the Liquidated Damages clause.

Tree Maintenance
The Contractor is not responsible for tree trimming services throughout parks and facilities.

The Contractor is responsible for the following Tree Maintenance functions:
 The Contractor is responsible for pruning branches that are seven feet or closer to the ground (and one inch or less in diameter), and/or when such low hanging branches present a hazard to pedestrians.
o If branch is more than one inch in diameter, the Contractor shall not prune and shall immediately inform the Project Manager in writing of exact location and condition of tree.
o Pruning should be just enough to cause the branch to rise above seven feet above ground. Contractor shall not remove more than twenty five percent (25%) of the total tree foliage during a single pruning effort. o Contractor shall inform the City’s Project Manager in writing on a weekly basis of any dead or dying trees, broken branches that are not reachable by the Contractor’s pruning efforts, broken or missing tree stakes, unsecured tree stakes, diseased trees, and any other abnormal or concerning tree condition.  If Contractor is responsible for the damage to any tree, Contractor shall have the tree(s) inspected by a Certified Arborist at Contractor’s expense and with Project Manager’s approval. After City approval, the Contractor shall proceed with the Arborist’s recommendation. If Contractor is responsible for the death of a tree, Contractor shall replace the tree with another tree. Project manager will provide recommendations on the type, age, species, and location to plant the tree. All costs associated with damage, assessment by Arborists, repair, and replacement of trees and associated items shall be the responsibility of the Contractor. All trees shall be properly staked or guyed by the Contractor to ensure their initial structural stability.

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 If Contractor shall replace trees due to Contractor negligence, Contractor shall follow these tree replacement requirements:
o Trees should be removed in a safe manner.
o Stumps should be ground to a minimum of eighteen inches (18") below finish grade, unless tree is being replaced, in which case stump shall be removed completely.
o Wood chips from stump grinding should be removed and the cavity void backfilled with topsoil. The topsoil placed in the cavity should be prepared, compacted and fine graded suitable for replanting.
o Any drainage component, irrigation equipment item or construction feature that was damaged by the tree removal process shall be repaired or replaced.

Irrigation System Maintenance and Repairs
Contractor is not responsible for irrigation system maintenance with the following exception:
 Contractor is responsible for repairs to irrigation systems damaged due to Contractor’s operations or negligence. If irrigation systems need to be replaced due to Contractor’s negligence, Contractor shall replace all necessary components.

Costs for such repairs or replacements, including labor and parts, are the Contractor's responsibility. The City’s Project Manager shall approve the brand, type, size of components or parts prior to Contractor installing them.

As a standard practice, the City should have the Contractor formally acknowledge receipt of the irrigation system in good working order at the beginning of the contract period. At the close of the contract period, all irrigation systems should be checked by City staff. The Project Manager will schedule walkthroughs for irrigation system inspection at the appropriate times.

Graffiti
The Contractor is not responsible for removing graffiti. The Contractor shall report all graffiti in contract areas immediately upon discovery and in writing to the City’s Project Manager.

Reports
The Contractor will be required to submit weekly and monthly reports and other reports as instructed by the Project Manager. The reporting details and frequency will be specified during the pre-construction meeting. Sample Reports are in the RFP Appendices.

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Additive Alternates

1. Wash & Brush
Wash & Brush: The Contractor shall use low pressure water and standard deck brushes to clean all hardcourts once per month and as detailed in the RFP Appendix D: Was and Brush Hard Surfaces - Locations. Water pressure shall not exceed 100 psi when directed at the hardcourt surfaces. The Contractor shall not use any chemicals which may damage, deteriorate, stain, remove, or compromise the condition of epoxy finishes of the hardcourts.

The Contractor shall remove all standing water when finished and prior to leaving the work areas.

The Contractor is responsible for repairs, replacements, and damage of hardcourt components (i.e. epoxy finishes, court lines) as result of Contractor’s Wash & Brush operations. The locations of the hardcourts to be washed and brushed include: American Heroes Park, Deputy Pierre Bain Park, Jane Reynolds Park, Rawley Duntley Park, Sgt. Steve Owen Memorial Park, Skytower Park, and Whit Carter Park.

2. Semiannual Weed Control
Clearing of Fence Lines:

The Contractor shall remove weeds and debris alongside all fence lines identified in the Exhibits, at a width of six (6) feet starting at the fence line. The Contractor shall remove the weeds and debris four (4) times per year. Each visit shall occur during the second week of the following months: March, June, August, and November. The City reserves the right to modify this schedule and shall give the Contractor two weeks’ written notice if doing so.

The Contractor can request a schedule modification in writing from the City; the City will approve at its discretion.

Sites with Fence Lines that will need clearing are identified in the RFP Appendix B and include, but are not limited to: Prime Desert Woodland Preserve, the Preserve at Rawley Duntley Park, Whit Carter Park, and Lancaster National Soccer Center.

Weed Abatement in Drainage Channels and Miscellaneous Lots:
 Soccer Center drainage channels: At the Soccer Center, the East Fields and West Fields Drainage Channels will need to be cleared of weeds and debris in their entirety semiannually: once in April and once in November. The Contractor shall apply contact herbicide and preemergent as weed control during each service visit.  Soccer Center solar lot: At the Soccer Center, the Solar Lot shall be cleared of weeds and debris in its entirety semiannually: once in April and once in November. The Contractor shall apply contact herbicide and preemergent as weed control during each visit.

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See Appendix B of RFP for the locations of these sites.

3. Power Wash Hard Surfaces
The Contractor shall use power washing equipment to power wash the horizontal areas identified in RFP Appendix C quarterly or four (4) times per year. Water pressure shall be at least 3,000 psi and Contractor shall remove all unwanted items, including: dirt, gum, oil, marking paint, and any other matter that is not intended to be on the surface. The use of steam and hot water is acceptable and subject to prior approval by the City’s Project Manager.

Non-hazardous and biodegradable cleaning and sanitizing products shall be used as well.

The use of chemicals or other products not approved by the City is prohibited.

The Contractor shall protect the work area by using barricades, cones, or caution tape to prevent unintended access by the public. The Contractor shall provide the Project Manager with a cleaning schedule one week prior to commencing work. All cleaning schedules shall be approved by the City’s Project manager
All necessary water, products and equipment shall be provided by the Contractor. The City will not provide water on site.

The areas to be power washed are detailed in RFP Appendix C and include: American Heroes Park North and South gazebos, Jane Reynolds Park Skatepark, Jane Reynolds Park shelter, Mariposa Park shelter, Sgt. Steve Owen Memorial Park North and South concessions, Sgt. Steve Owen Memorial Park South shelter, Rawley Duntley park shelters (3 total), and Whit Carter Park gazebo.

Additional Work and Special Projects
From time to time the City may request that the Contractor perform additional landscape services work, or special projects, that are not specifically detailed and are not part of the scope of work. It is understood that this additional work and services are not part of the agreement and shall be quoted and billed by the Contractor separately and in addition to the regular landscape services. In such instances:
 The Contractor shall not use the labor force and equipment that is being used to fulfill the requirements and scope of work of this agreement and instead shall provide additional labor force and additional equipment to perform additional work or special projects.
 For each time that the City requests such additional work or special projects, the Contractor shall provide the City with a quote for the required services and await City approval prior to performing them.

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 The Contractor shall provide details of Cost for Additional Work and Special Projects as detailed in Exhibit B, attached hereto as Term and Payment Clause.

Turfgrass Cycling and Disposal of Green Waste
Turfgrass cycling is a management practice of leaving grass clippings on the turfgrass surface during the mowing operation. The practice of Turfgrass Cycling returns nitrogen, phosphorus, potassium, and other elements back to the soil, saves labor and time, and eliminates disposal fees at local disposal sites. The Contractor shall use Mulching Blades on all mowers (also known as 3-in-1 blades). The Contractor, after using Mulching Blades to mow turfgrass, shall leave the clippings on the turfgrass surface. If the clippings left behind are excessive (as deemed by the City’s Project Manager) and/or result in piles of grass clippings left on the turfgrass surface, the Contractor shall, within 24 hours of receiving notification from the City, remove all excess clippings at the discretion of the City and at Contractor’s expense. If the Contractor fails to remove clippings adequately s, then the Liquidated Damages Section herein will take effect immediately. If the failure to remove excessive clippings results in damage to City assets, the Contractor shall bear the cost to repair or replace those assets. The City reserves the right to schedule the date and time of this work.

As a condition of the City of Lancaster’s Source Reduction and Recycling Element, all other green waste generated from this contract shall be recycled. The City of Lancaster has an exclusive franchise agreement with Waste Management of Antelope Valley for refuse disposal and recycling. The Contractor shall use Waste Management facilities for such disposal and all price schedules for refuse disposal and recycling submitted as part of this Bid should reflect Waste Management of Antelope Valley’s current rate scheduled.

Dumping of any type of waste or debris in trash bins located at any park or facility is not permitted.

Turfgrass Maintenance
All turfgrass areas detailed in this RFP and the Appendices shall be maintained to have a lush, green, and properly cut appearance year-round. Strict adherence to site mowing schedules is required and the City’s Project Manager will coordinate all weekly turfgrass maintenance service schedules with the Contractor at the beginning of each season. Any modifications to these service schedules will require that the Contractor provide two weeks’ notice and must be approved by the City’s Project Manager.

Non-biodegradable debris shall be removed from turfgrass areas by the Contractor prior to the beginning of each mowing cycle. Turfgrass shall be mowed with conventional mowing equipment of a mulching type. Mowers shall be adjusted, maintained, and operated so that the turfgrass is cut to a uniform height, without scalping, and without tearing grass blades.

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In the event that turfgrass areas contain dropped tree leaves, the Contractor shall mow over the leaves with the purpose of mulching the leaves and re-introduce them mulched into the turfgrass. If the amount of leaves is deemed by the Project Manager to be excessive, the Contractor shall remove them from the area prior to mowing and dispose of them properly.

Leaves or debris shall not be blown into hard surface areas (i.e. parking lots, sidewalks, concrete plazas, playground surfaces, etc.).

Mowing equipment shall operate with sharp mulching blades, clean and properly adjusted decks, and properly inflated tires. Mower blades shall be sharpened weekly and prior to each mowing cycle. Mowing speeds shall be appropriate to meet or exceed the standards stated herein. Dull or damaged mower blades, uneven or unclean mower decks, improperly inflated tires, and high mowing speeds will not be acceptable. If the mowing quality is below the standard stated in this RFP, the Contractor shall adjust the mowing practices in order to meet these standards and as directed by the Project Manager.

The Contractor shall ensure their staff operate equipment at appropriate engine and mower speeds that result in quality and acceptable turfgrass cuts. The City reserves the right to inspect mowing equipment and operating procedures at any time. Uneven cuts or streaking (thin strips of uncut grass) will not be permitted and the Contractor shall provide an even cut at all times or within 24 hours of the City’s Project Manager bringing the issue to the attention of the Contractor.

To help prevent contamination and the spread of fungus, disease, and weeds in turfgrass areas, the Contractor shall thoroughly clean and sanitize per industry standards all equipment that was used at another site prior to mowing or edging any areas on the next site. The City reserves the right to request that equipment is washed prior to any mow cycle and at any frequency. This cost is at the Contractor’s expense. The City reserves the right to conduct periodic inspections for conformance.

EXHIBIT B

TERM AND PAYMENT CLAUSE
Contract Term
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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. The initial Term of the Agreement will be for thirty-three (33) months, beginning October 1, 2024, and ending June 30, 2027, unless the Agreement is sooner terminated in accordance with the Terms and Conditions in the Agreement. At the option of the City, the Agreement may be extended for two (2) additional one (1) year terms based upon acceptable performance by the Contractor and acceptable fees, and subject to the same terms and conditions of the Agreement. The total Term of the Agreement shall not exceed five (5) years.

The contract is subject and contingent upon funds being appropriated by the City Council each fiscal year. If such appropriations are not made, the contract shall automatically terminate without penalty to the City.

Payment. The City of Lancaster shall reimburse the CONTRACTOR for actual costs, including labor costs and employee benefits incurred by the CONTRACTOR in performance of the work, in an amount not to exceed the rates identified herein. Actual costs shall not exceed the estimated rates and other costs as set forth in the CONTRACTOR’S proposal.

Any additional work will require a separate Authorization for CONTRACTOR Services signed by both parties.

The total compensation to be paid by OWNER to CONTRACTOR for all work and services described is not to exceed $811,832 (plus 5% contingency) for contract Year One (October 1, 2024 to June 30, 2025); not to exceed $1,072,164 (plus 5% contingency) for contract Year Two (July 1, 2025 to June 30, 2026), and Year Three (July 1, 2026 to June 30, 2027). There is also an option for 5% contingency approved for additional areas added to the contract for the life of the contract.

CONTRACTOR shall not be reimbursed for actual travel expenses incurred in the performance of the work.

Method of Payment and Invoicing
Payment will be made to the Contractor for all work performed and completed to the satisfaction of the City within thirty (30) days of invoicing by the Contractor. The Contractor shall invoice the City after the work has been completed and within thirty (30) days of completion of work. No advance payments shall be made to the Contractor.

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BID SCHEDULE
RFP 831-24 Parks and Facilities Landscape Services

BASE BID PRICE
Service Type Location Base Monthly Price Base Quarterly Price Base Semiannual Price TOTAL YEARLY PRICE General Landscape Maintenance Services American Heroes Park $1,514.00 $18,168 Business Incubator $914.00 $10,968 Cedar Center $174.00 $2,088 City Hall $1,774.00 $21,288
Deputy Pierre Bain Park $2,618.00 $31,416 Forrest E. Hull Park $1,968.00 $23,616 Jane Reynolds Park $1,924.00 $23,088
Lancaster Community Center $374.00 $4,488
Lancaster Municipal Stadium $1,899.00 $22,788
Lancaster National Soccer Center $21,524.00 $258,288
Lancaster Performing Arts Center $1,124.00 $13,488
Lancaster Police Station $1,874.00 $22,488
Lancaster University Center $1,404.00 $16,848
Mariposa Park $1,424.00 $17,088 Prime Desert Woodland Preserve $374.00 $4,488 Rawley Duntley Park $3,119.00 $37,428
Samaritan's Purse Park (prev. El Dorado Park) $3,427.00 $41,124 Sgt. Steve Owen Memorial Park $17,125.00 $205,500
Sgt. Steve Owen Memorial AVTA Bus Station $914.00 $10,968 Skytower Park $3,299.00 $39,588 Tierra Bonita Park $6,676.00 $80,112 Western Hotel $174.00 $2,088 Whit Carter Park $1,604.00 $19,248 Community Homes 302 East Avenue J-12 $89.00 $1,068.00
422 Lansford Avenue $89.00 $1,068.00
1102 West Avenue H-5 $89.00 $1,068.00
43028 Guyman Street $89.00 $1,068.00
43057 39th Street West $89.00 $1,068.00
43745 12th Street West $89.00 $1,068.00
44381 Stanridge Avenue $89.00 $1,068.00
45304 5th Street East $89.00 $1,068.00
45534 Gadsden Avenue $89.00 $1,068.00
45740 Kingtree Avenue $89.00 $1,068.00 Aeration American Heroes Park $1,000.00 $4,000.00 Deputy Pierre Bain park $1,000.00 $4,000.00 Forrest E. Hull Park $1,000.00 $4,000.00 Jane Reynolds Park $1,000.00 $4,000.00
Lancaster National Soccer Center $1,200.00 $4,800.00
Mariposa Park $1,000.00 $4,000.00
Rawley Duntley Park $1,000.00 $4,000.00
Samaritan's Purse Park (prev. El Dorado) $1,200.00 $4,800.00 Sgt. Steve Owen Memorial Park $1,200.00 $4,800.00
Skytower Park $1,200.00 $4,800.00 Tierra Bonita Park $1,200.00 $4,800.00 Whit Carter Park $1,000.00 $4,000.00 Fertilization American Heroes Park $1,000.00 $4,000.00 Deputy Pierre Bain park $1,000.00 $4,000.00 Forrest E. Hull Park $1,000.00 $4,000.00 Jane Reynolds Park $1,000.00 $4,000.00
Lancaster National Soccer Center $1,200.00 $4,800.00
Mariposa Park $1,000.00 $4,000.00
Rawley Duntley Park $1,000.00 $4,000.00
Samaritan's Purse Park (prev. El Dorado) $1,200.00 $4,800.00 Sgt. Steve Owen Memorial Park $1,200.00 $4,800.00
Skytower Park $1,200.00 $4,800.00 Tierra Bonita Park $1,200.00 $4,800.00 Whit Carter Park $1,000.00 $4,000.00 TOTAL BASE BID PRICE $1,041,332.00
TOTAL BASE BID PRICE IN WORDS One million forty one thousand three hundred thrity two and no cents Landscape Services Agreement: RFP 831-24

Page 29 of 30 ends

ADD ALTERNATES Wash and Brush Hardcourts American Heroes Park $520 $0 Dep. Pierre Bain Park $520 $0
Jane Reynolds Park $520 $0
Rawley Duntley Park $520 $0
Samaritan's Purse Park (prev. El Dorado Park) $346 $0
Sgt. Steve Owen Memorial Park $953 $0
Skytower Park $346 $0 Whit Carter Park $346 $0
Semiannual Weed Control (Appendix B)
Fenceline Clearing Prime Desert Woodland Preserve $6,441 $12,882 Rawley Duntley Park $1,607 $3,214 Whit Carter Park $984 $0 Lancaster National Soccer Center Perimeters $5,868 $11,736 Soccer Center Drainage Channe and Lot Clearing
East Side Drainage Channel $1,500 $0
West Side Drainage Channel $1,500 $0 Solar Lot $1,500 $3,000 Orchard lot $1,500 $0 Power Wash Hard Surfaces (Appendix C)
American Heroes Park North gazebo $250 $0
American Heroes Park South gazebo $250 $0
Jane Reynolds Park Skatepark $550 $0
Jane Reynolds Park shelter $250 $0
Mariposa Park shelter $250 $0
Sgt. Steve Owen Memorial Park North concessions $550 $0 Sgt. Steve Owen Memorial Park South concessions $550 $0 Sgt. Steve Owen Memorial Park South shelter $250 $0
Rawley Duntley Park shelters 1, 2, and 3 $550 $0
Whit Carter Park gazebo $250 $0
TOTAL ADD ALTERNATES PRICE $30,832
TOTAL ADD ALTERNATES PRICE IN WORDS Thirty thousand eight hundred thirty two and no cents TOTAL BASE BID PLUS ADD ALTERNATE PRICES $1,072,164.00
TOTAL BASE BID PLUS ADD ALTERNATE PRICES IN WORDS One million seventytwo thousand one hundred sixty four and no cents Landscape Services Agreement: RFP 831-24

Page 30 of 30 ends

COST FOR SPECIAL PROJECTS
Labor (Prevailing Wage) Cost per Hour Cost per Day
Field Supervisor $130.00 $1,040.00
Landscape Worker $130.00 $1,040.00
Additional Employee $130.00 $1,040.00
Equipment
Pick up Truck $550.00
Truck with Spray Rig (pesticides) $1,000.00
Truck or tractor with fertilizer spreader $1,000.00 Truck or tractor with tow-behind aerator $1,000.00

DEFINITIONS
General Landscape Maintenance Services: Mowing, edging, and line trimming of all turf; planter and shrub bed maintenance; weed abatement; pest control; cleaning of playground surfaces, decomposed granite areas, and hard surfaces; other activities associated with landscape maintenance, Community Homes Maintenance: General landscape services (mowing, edging, and line trimming of turf; planter and sheub bed maintenance; weed abatement; general cleaning; other activities associated with landscape maintenance.

Aeration of Turf: Aerate all turf four (4) times per year.

Fertilization of Turf: Fertilize all turf four (4) times per year.

Wash and Brush Hardcourts: Wash and brush all hardcourts monthly.

Semiannual Weed Control: Weed and debris removal from identified fencelines, lots, and drainage channels twice per year.

Contractor shall refer to Section 3: Scope of Work and Technical Specifications in this RFP for details and requirements of these Definitions.

STAFF REPORT
City of Lancaster
CC 8
9/10/2024
TN
Date: September 10, 2024
To: Mayor Parris and City Council Members
From: George N. Harris II, Senior Director/Treasurer – Admin Services Subject: Check Registers – August 11, 2024, through August 24, 2024.

Recommendation:

Approve the Check and Wire Registers for payments made August 11, 2024, through August 24, 2024, in the amount of $3,621,903.86 as presented.

G.C. Section 84308: No
Fiscal Impact:
$3,621,903.86, as detailed in the Check Registers.

Background:

At each regular City Council Meeting, the City Council is presented with a check and ACH/wire registers listing the financial claims (invoices) against and paid by the City for the purchase of materials, supplies, services, and capital projects during the prior three to four weeks. This process provides the City Council with the opportunity to review the City’s expenditures. Claims have been paid via checks, Automated Clearing House (ACH) payments, or federal wires. The justifying backup information for each expenditure is available in the Finance Department.

Check Nos.: 7450524-7450831 $ 2,608,765.35
ACH/Wire Check Nos.: 101012016-101012018 $ 1,013,138.51 $ 3,621,903.86
Voided Check No.: N/A
Voided ACH/Wire No.: N/A
Attachment:

Check Register
ACH/Wire Register

STAFF REPORT
City of Lancaster
PH 1
9/10/2024
TN
Date: September 10, 2024
To: Mayor Parris and City Council Members
From: Chenin Dow, Assistant Director – Community Development Lisa Anderson, Analyst - Housing
Subject: Public Hearing for City Council consideration to receive comments and file the 2023-2024 Consolidated Annual Performance and Evaluation Report (CAPER) to the United States Department of Housing and Urban Development (HUD) Recommendations:

3. Authorize the City Manager, or his designee, to execute any documents necessary to submit the CAPER, along with any comments received during the public hearing and public comment period to HUD.

G.C. Section 84308: No
Fiscal Impact:

There are no fiscal impacts associated with the submission of the City’s 2023-2024 CAPER to HUD.

Background:

Federal regulations require the City to prepare an annual report called the CAPER. The 2023-2024 CAPER is a federally mandated informational assessment report of activities implemented with Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) grant funds to address the needs of low- and moderate-income residents.

This report covers the period between July 1, 2023, to June 30, 2024. Submission of this report marks the completion of the fourth year in the current Five-Year Consolidated Action planning cycle that covers July 1, 2020, through June 30, 2025. As required, the report has been available to the public prior to the public hearing. At the conclusion of the public hearing, the report will be submitted to HUD. In FY 2023-2024, the City of Lancaster successfully carried out the actions outlined in both the One-Year Action Plan and the Five-Year Consolidated Plan. This investment of CDBG and HOME funds was a catalyst for positive change in the community.

HUD regulations require the 2023-2024 CAPER to be made available to citizens for public comment and to be considered by the City Council at a public hearing. In accordance with HUD regulations, a public notice was published in the Antelope Valley Press on September 6, 2024, inviting the public to comment on the CAPER. The draft CAPER was available for public review for a minimum 15-day review period spanning September 6, 2024, to September 24, 2024. The draft CAPER was made available for public review at the City Clerk’s Office, Lancaster Public Library, Community Development Department – Housing Division and online on the City’s CDBG webpage.

LA/js
Attachments:

1. Exhibit 1 – 2023-2024 CAPER

2. 2023-2024 CAPER Public Comment Notice – English

3. 2023-2024 CAPER Public Comment Notice - Spanish

AVISO LEGAL

AYUNTAMIENTO DE LA CIUDAD DE LANCASTER
AVISO DE AUDIENCIA PÚBLICA
FONDOS DE PLANIFICACIÓN COMUNITARIA Y DESARROLLO DE HUD BORRADOR DEL REPORTE DE LA EVALUACIÓN DEL DESEMPEÑO ANUAL CONSOLIDADO DEL PROGRAMA ANUAL 2023-2024
Por medio de la presente se da aviso que el Ayuntamiento de la Ciudad de Lancaster (Ayuntamiento) ha preparado el Borrador del Reporte de la Evaluación del Desempeño Anual Consolidado 2023-2024 (CAPER, por sus siglas en inglés) para los programas de Subsidios Globales para el Desarrollo Comunitario (CDBG, por sus siglas en inglés) y Asociación de Inversiones en Vivienda HOME (HOME, por sus siglas en inglés). El CAPER proporciona una evaluación del rendimiento del Ayuntamiento en el cumplimiento de los objetivos de vivienda y desarrollo comunitario para el Programa Fiscal 2023-2024 tal como se describe en el Plan Anual de Desempeño 2023-2024 previamente adoptado. Además, como parte de esta audiencia pública, el Ayuntamiento busca obtener comentarios sobre las necesidades y carencias comunitarias para informar los Planes de Desempeños Anuales futuros.

En cumplimiento con el Plan de Participación Ciudadana aprobado del Ayuntamiento y el Plan Consolidado que implementa la regulación 24 CFR 91.105, esta notificación se da por este medio de que el Ayuntamiento de la Ciudad ha preparado el CAPER para el Año del Programa 2023- 2024. Se requiere que una copia del CAPER esté disponible al público para revisión y comentarios por un período de no menos de quince (15) días. El borrador del CAPER estará disponible para revisión pública como se indica enseguida:

Período para Comentarios Público: Augusto 23, 2024 a Septiembre 10, 2024 Lugar de Revisión: Alcaldía de la Ciudad de Lancaster
Departamento de Desarrollo Comunitario – División de
Vivienda y Oficina del Secretario Municipal
44933 Fern Avenue
Lancaster, CA 93534
ADEMÁS, POR MEDIO DE LA PRESENTE SE DA AVISO que el CAPER será presentado al Concejo Municipal para su aprobación el 10 de Septiembre de 2024 a las 1:30 P.M. En esta junta, el Concejo Municipal recibirá comentarios públicos sobre el CAPER y serán presentados al Departamento de Vivienda y Desarrollo Urbano de los Estados Unidos (HUD, por sus siglas en inglés).

Además, la audiencia pública brindará a los residentes la oportunidad de expresar sus puntos de vista sobre las necesidades de vivienda y desarrollo comunitario, las necesidades prioritarias de desarrollo comunitario no relacionadas con la vivienda, las estrategias y acciones propuestas para promover afirmativamente una vivienda justa, el desarrollo de las actividades propuestas, una revisión de ejecución del programa y dar respuesta a propuestas o consultas.

Todas las personas están invitadas a la revisión y comentarios sobre el Reporte del CAPER 2023-2024. Los ciudadanos que deseen presentar comentarios por escrito durante el período de revisión y comentarios públicos pueden enviarlos por correo postal, sellados no más tarde del 10 de Septiembre de 2024, a donde se indica enseguida:

City of Lancaster
Attention: Lisa Anderson, Anlista de Vivienda
Departamento de Desarrollo Comunitario – División de Vivienda 44933 Fern Avenue
Lancaster, California 93534
En cumplimiento con la Ley de Americanos con Discapacidades (ADA), esta junta se llevará a cabo en una ubicación accesible para personas con discapacidades; si usted necesita asistencia especial para participar en esta junta pública, por favor comuníquese con el Secretario Municipal al (661) 723-6020. Usuarios de TDD pueden llamar al Servicio de Transmisión TDD de California (California TDD Relay Service) al 1-800-735-2922. Servicios tales como intérpretes de lenguaje de señas, un lector durante la junta, aparatos auxiliares, copias en letra grande de la agenda y/o asistencia de traducción para personas que no hablan inglés están disponibles siempre y cuando la petición sea razonable y oportuna. Para asegurar disponibilidad, se le aconseja que haga su petición por lo menos dentro de 72 horas antes de la junta/evento que desea asistir. Debido a las dificultades en asegurar intérpretes de lenguajes de señas, se recomienda un aviso de cinco (5) o más días hábiles . Para mayor información, por favor comuníquese con el Secretario Municipal al (661) 723-6020.
______________________________ FECHADO: Augusto 23, 2024

ANDREA ALEXANDER
Secretario Municipal
Ayuntamiento de la Ciudad de Lancaster
--------------------------------------------------------------------------------------------------------------------- Publicado: Domingo, Augusto 23, 2024 - Prensa de Antelope Valley (Avisos Públicos) - Sitio Web Ayuntamiento de la Ciudad de
Lancaster

LEGAL NOTICE

CITY OF LANCASTER

NOTICE OF PUBLIC HEARING

HUD COMMUNITY PLANNING AND DEVELOPMENT FUNDS

DRAFT CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT 2023-2024 PROGRAM YEAR
Notice is hereby given that the City of Lancaster (City) has prepared the Draft 2023-2024 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) programs. The CAPER provides an assessment of the City's performance in meeting Program Year (PY) 2023-2024 housing and community development goals as outlined in the previously adopted 2023-2024 Annual Action Plan. Additionally, as part of this public hearing, the City seeks feedback on community needs and gaps to inform future Annual Action Plans.

In compliance with the City’s approved Citizen Participation Plan and the Consolidated Plan implementing regulation 24 CFR 91.105, this notice is hereby given that the City has prepared the CAPER for PY 2023- 2024. A copy of the CAPER is required to be made available to the public for review and comment for no less than a fifteen (15) day period. The CAPER draft will be available for public review as follows:

PUBLIC COMMENT PERIOD: August 23, 2024, to September 10, 2024 PLACE OF REVIEW: Lancaster City Hall - Community Development Department – Housing Division and City Clerk’s Office
44933 Fern Avenue
Lancaster, CA 93534
NOTICE IS HEREBY FURTHER GIVEN that the CAPER will be presented to the City Council for approval on September 10, 2024, at 1:30 p.m. At this meeting, the City Council will receive public comments on the CAPER which will be submitted to the U.S. Department of Housing and Urban Development (HUD). In addition, the public hearing shall provide residents with an opportunity to express their views concerning housing and community development needs, priority non-housing community development needs, proposed strategies and actions for affirmatively furthering fair housing, the development of proposed activities, a review of program performance and respond to proposals or questions.

All interested persons are invited to review and comment on the 2023-2024 PY CAPER. Citizens wishing to submit written comments during the public review and comment period may mail them, postmarked no later than September 10, 2024, to the following:

City of Lancaster
Attention: Lisa Anderson, Housing Analyst
Community Development Department – Housing Division
44933 Fern Avenue
Lancaster, California 93534
In compliance with the Americans with Disabilities Act, this meeting will be held at a location accessible to persons with disabilities; if you need special assistance to participate in this public meeting, please contact the City Clerk at (661) 723-6020. TDD users may call the California TDD Relay Service at 1-800-735-2922. Services such as American Sign Language interpreters, a reader during the meeting, auxiliary aids, large print copies of the agenda and/or translation assistance for non-English speakers are available upon reasonable and timely request. To ensure availability, you are advised to make your request at least 72 hours prior to the meeting/event you wish to attend. Due to difficulties in securing sign language interpreters, five (5) or more business days’ notice is strongly recommended. For additional information, please contact the City Clerk at (661) 723-6020.
______________________________ DATED: August 23, 2024

ANDREA ALEXANDER
City Clerk
City of Lancaster
--------------------------------------------------------------------------------------------------------------------- Published: Friday, August 23, 2024 - Antelope Valley Press (Public Notices) - City of Lancaster website

STAFF REPORT
City of Lancaster
NB 1
9/10/2024
TN
Date: September 10, 2024
To: Mayor Parris and City Council Members
From: Chenin Dow, Assistant Director – Community Development Sam McNutt, Assistant Manager – Community Preservation
Subject: Professional Services Agreement for Community Preservation Consulting & Supplementary Services – Willdan
Recommendations:

2. Annual task orders will be for an amount not-to-exceed $704,000, with a grand total not to exceed $3,520,000 for the entirety of the contract.

3. Authorize the City Manager or his designee to finalize and execute all related documents, including up to two one-year extensions upon confirming satisfactory performance during the initial term.

G.C. Section 84308: No
Fiscal Impact:

Sufficient funds are available in the FY 2024-2025 approved budget. Funding for future years will be allocated during the budget process.

Background:

In an effort to increase efficiencies and maximize available resources, the City conducted a competitive Request for Proposals (RFP) for various services to develop and enhance the new Community Preservation division. These included acting as a force multiplier to existing staff to cover Lancaster’s 94-square-mile service area, training in best practices for staff new to Community Preservation, caseload analysis and recommendations for optimal staffing levels as well as productivity metrics, and preparation of updated policies and procedures to reflect current best practices. These services are designed to optimize the Community Preservation division and its positive impact on local residents.

Through the RFP process, Willdan was selected as one of two providers for the above-outlined services. Services will be billed on an as-needed basis in accordance with the proposed rate schedule. Annual costs will not exceed $704,000.

SM/js
Attachments:

1. Professional Services Agreement

2. Levin Act Disclosure Statement

3. Proposal
- 1 -
Rev 1/2019

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES “ A g r e e m e n t ” is made and entered into this 1 0 t h day of September, 2024, by and between the CITY OF LANCASTER, a municipal corporation and charter city, (“City”), and Willdan, a California corporation (“Consultant”) (collectively, sometimes referred to hereinafter as the “Parties”).

RECITALS
WHEREAS, the City desires to engage Consultant to perform certain technical and professional services, as provided herein, identified as:

RFP 833-24 COMMUNITY PRESERVATION CONSULTING & SUPPLEMENTARY SERVICES (THE “SERVICES”)
WHEREAS, the principal members of Consultant are qualified and duly registered/licensed under the laws of the State of California, and Consultant desires to accept such engagement; NOW, THEREFORE, the parties agree as follows:

1. Parties to the Agreement.

The parties to this Agreement are:

A. CITY: City of Lancaster
B. CONSULTANT: Willdan

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: Community Development –
Community Preservation
44933 North Fern Avenue
Lancaster, California 93534
CONSULTANT Willdan
424 East Vanderbilt Way, Suite A
San Bernardino, California 92408

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 -
Rev 1/2019

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

5. Obligations of the City.

A. The City shall pay Consultant an amount not to exceed $704,000 annually for all work necessary to complete the Services, as described in the Proposal. Payments shall be due within thirty (30) days following submittal of an invoice detailing the services performed, at the hourly rates set forth in Exhibit A.

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

6. Obligations of the Consultant.

A. Consultant shall perform as required by this Agreement and in accordance with the Proposal set forth in Exhibit A.

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

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

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

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

9. Non-Discrimination and Equal Employment Opportunity.

A. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, physical or mental disability or age.

Affirmative action relating to employment shall include, but not be limited to the following:
- 3 -
Rev 1/2019
employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.

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

10. Term; Effective Date. This Agreement shall become effective and shall be in full force and effect upon the execution of the Agreement by the City and the Consultant. This Agreement shall continue in full force and effect for three (3) years, with two (2) optional one (1)-year extensions for a cumulative total of up to five (5) years, unless the Agreement is sooner terminated in accordance with this Agreement; provided, however, that the City and the Consultant may mutually agree in writing to extend the Term of this Agreement.

11. Termination.

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

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

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

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

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

13. Insurance.

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

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
- 4 -
Rev 1/2019
(Coverage shall be at least as broad as ISO form CG2010 11/85 or CG2010 07/04 and CG2037 07/04 combined, or an equivalent providing ongoing and completed operations) Commercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $1,000,000
(Coverage shall be at least as broad as ISO form CA00 01) Workers Compensation
As Required by the State of California Statutory Limits Employers’ Liability
Each Accident $1,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000
(A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation & Employers’ Liability policies)
Professional Liability
Each Occurrence $1,000,000
General Aggregate $1,000,000
B. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured’s liability.

C. Professional liability and/or cyber insurance written on a “claims made” basis must be renewed for a period of three (3) years after this contract expires or is terminated. Such insurance must have the same coverage and limits as the policy that was in effect during the term of this contract and will cover Consultant for all claims made by the City insured entities arising out of any acts or omissions of Consultant or its officers, employees, or agents during the time this Agreement was in effect. - 5 -
Rev 1/2019
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 Consultant’s insurance and shall not contribute with it.

E. Consultant shall furnish the City with Certificates of Insurance and with original endorsements effecting coverage required by this Agreement. Certificates of Insurance shall meet the following requirements:
(1) Show that the insurance policy has been endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after 30 days’ prior written notice (10 days’ written notice for non-payment) to the City of Lancaster.
(2) List in the “Descriptions of Operations/Locations/Vehicles” section:
“COMMUNITY PRESERVATION CONSULTING & SUPPLEMENTARY
SERVICES”
The City of Lancaster, its elected officials, officers, employees and volunteers are included as additional covered parties, but only insofar as the operations under this contract are concerned.”
(3) List in the “Certificate Holder” section:

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

14. Commencement of Work. The execution of this Agreement by the parties does not constitute an authorization to proceed. The services of Consultant shall commence when the OWNER, acting by and through its Department Director or his or her designee, has issued the Task Order. Consultant shall have no claim for compensation for any services or work which has not been authorized by the City’s Task Order.

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

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

17. Consultant’s Warranties and Representations.

Consultant warrants and represents to City as follows:

A. Consultant has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. - 6 -
Rev 1/2019
F. Consultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the execution of this Agreement. Upon any breach or violation of this warranty, 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.

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

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

18. Resolution of Disputes.

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

B. If the parties cannot resolve the dispute through good faith negotiations, either party may give Notice of Dispute to the other party. The Notice of 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” Proposal

20. Governing Law.
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Rev 1/2019
This Agreement shall be governed by the laws of the State of California.

21. Effective Date.

This Agreement shall become effective as of the date set forth below on which the last of the parties, whether City or Consultant, executes said Agreement. [Signatures begin on next page.]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.

CITY OF LANCASTER

LANCASTER, CALIFORNIA
By:

Trolis Niebla, City Manager
Dated:

WILLDAN
By:
(Name, Title)
Dated:

ATTEST:

Andrea Alexander, City Clerk
APPROVED AS TO FORM:

City Attorney
CONTRACT SUBMISSION APPROVAL:

Department Head
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EXHIBIT A

PROPOSAL
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LEVINE ACT DISCLOSURE
California Government Code section 84308 (“Levine Act”) requires a party to a contract other than competitively bid, labor, or personal employment contract, to disclose any contribution of more than $250 that the party (or their agent) has made to a member of the City Council or any other officer of the City as defined in the Levine Act within the prior 12 months. The Levine Act also prohibits for 12 months following a final decision, a party (or their agent) from making a contribution of more than $250 to any member of the City Council or any other officer as defined in the Levine Act who may participate in the making of this Agreement.

A. By its signature on this Agreement, [COMPANY NAME] represents and warrants [select one]:
□ Neither [COMPANY NAME] nor any agent acting on behalf of [COMPANY NAME] TO} has, within the 12 months preceding the commencement of negotiations of this Agreement, made any political contribution of more than $250 to any member of the City Council or any other officer as defined in the Levine Act who may have participated in the making of this Agreement.

OR
□ [COMPANY NAME] (or an agent acting on behalf of [COMPANY NAME]) has made a political contribution of more than $250 to:

Identify the person(s) or agent(s) who made the contribution:
____________________
____________________
____________________
Identify the City officer(s) who received the contribution:
____________________
____________________
____________________
B. By its signature on this Agreement, [COMPANY NAME] further represents and warrants [select one]:
□ Neither [COMPANY NAME] nor any agent acting on behalf of [COMPANY NAME] intends, within the 12 months following the execution of this Agreement, to make any political contribution of more than $250 to any member of the City Council or any other officer as defined in the Levine Act who may have participated in the making of this Agreement.

OR
□ [COMPANY NAME] (or an agent acting on behalf of [COMPANY NAME] ) intends to make a political contribution of more than $250 to:

Identify the person(s) or agent(s) who will make the contribution:
____________________
____________________
____________________
Identify the City officer(s) who will receive the contribution:
____________________
____________________
____________________

STAFF REPORT
City of Lancaster
NB 2
9/10/2024
TN
Date: September 10, 2024
To: Mayor Parris and City Council Members
From: Chenin Dow, Assistant Director - Community Development Sam McNutt, Assistant Manager – Community Preservation
Subject: Professional Services Agreement for Community Preservation Consulting & Supplementary Services – 4LEAF, Inc.

Recommendations:

2. Annual task orders will be for an amount not-to-exceed $704K, with a grand total not to exceed $3,520,000 for the entirety of the contract.

3. Authorize the City Manager or his designee to finalize and execute all related documents, including up to two one-year extensions upon confirming satisfactory performance during the initial term.

G.C. Section 84308: No
Fiscal Impact:

Sufficient funds are available in the FY 2024-2025 approved budget. Funding for future years will be allocated during the budget process.

Background:

Through the RFP process, 4LEAF, Inc. was selected as one of two providers for the above-outlined services.

Services will be billed on an as-needed basis in accordance with the proposed rate schedule. Annual costs will not exceed $704,000.

SM/js
Attachments:

Professional Services Agreement
Levine Act Disclosure Statement
Proposal
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES “ A g r e e m e n t ” is made and entered into this 1 0 t h day of September, 2024, by and between the CITY OF LANCASTER, a municipal corporation and charter city, (“City”), and 4LEAF, Inc., a California corporation (“Consultant”) (collectively, sometimes referred to hereinafter as the “Parties”).

RECITALS
WHEREAS, the City desires to engage Consultant to perform certain technical and professional services, as provided herein, identified as:

1. Parties to the Agreement.

The parties to this Agreement are:

A. CITY: City of Lancaster
B. CONSULTANT: 4LEAF, Inc.

CITY City of Lancaster
Attn: Community Development –
Community Preservation
44933 North Fern Avenue
Lancaster, California 93534
CONSULTANT 4LEAF, Inc.
424 East Vanderbilt Way, Suite A
San Bernardino, California 92408

5. Obligations of the City.

6. Obligations of the Consultant.

A. Consultant shall perform as required by this Agreement and in accordance with the Proposal set forth in Exhibit A.

C. Consultant 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 Consultant.

9. Non-Discrimination and Equal Employment Opportunity.

11. Termination.

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

13. Insurance.

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

17. Consultant’s Warranties and Representations.

Consultant warrants and represents to City as follows:

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” Proposal

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

21. Effective Date.

CITY OF LANCASTER

LANCASTER, CALIFORNIA
By:

Trolis Niebla, City Manager
Dated:
4LEAF, INC.

By:
(Name, Title)
Dated:

ATTEST:

Andrea Alexander, City Clerk
APPROVED AS TO FORM:

City Attorney
CONTRACT SUBMISSION APPROVAL:

Department Head
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EXHIBIT A

PROPOSAL
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OR
□ [COMPANY NAME] (or an agent acting on behalf of [COMPANY NAME]) has made a political contribution of more than $250 to:

OR
□ [COMPANY NAME] (or an agent acting on behalf of [COMPANY NAME] ) intends to make a political contribution of more than $250 to:

Lancaster City CouncilSeptember 10, 2024

Lancaster City Council
September 10, 2024