Agenda packet — Lancaster City Council, March 24, 2026 (part 2 of 4)

COL Quality Assurance Program – General Procedures 10/17/2019

Page 2 ends

COL Quality Assurance Program – General Procedures 10/17/2019

CONTENTS

Section/Description Page

1.0 INTRODUCTION 3

2.0 GENERAL PROCEDURES 3

2.1Preliminary Tests 3

2.2Acceptance Sampling and Testing 4

2.3Source Inspection 4

2.4 Reporting Test Results 4

2.5 Independent Assurance Program 5

3.0 PUBLIC WORKS PROJECTS AND NON-NATIONAL HIGHWAY 5

SYSTEM PROJECTS

3.1Correlation Testing Program 5

3.2 Qualifying Laboratories 6

3.3 Sampling Testing Materials 6

3.4 Certification of Personnel 6

3.5 Laboratory Equipment Calibration Requirements 7

3.6 Manufactured and Assembled Materials 7

3.7 Certificate of Compliance 7

3.8 Performing Independent Assurance Sampling and Testing 8 Frequency of the testing 8

4.0 NATIONAL HIGHWAY SYSTEM PROJECTS 9

4.1 Correlation Testing Program 9

4.2 Qualifying Laboratories 9

4.3 Certification of Personnel 9

4.4 Laboratory Equipment Calibration Requirements 10

4.5 Use of Caltrans to Perform Equipment Calibration 11

4.6 Manufactured and Assembled Materials 11

4.7 Certificate of Compliance 12

4.8 Performing Independent Assurance Sampling and Testing 12

4.9 Frequency of the testing 15

5.0 FREQUENCY OF TESTING 15

6.0 RECORDS 16

7.0 PROJECT CERTIFICATION 17

8.0 EXHIBIT “A” MINIMUM TESTING FREQUENCY TABLE 18

Page 3 ends

COL Quality Assurance Program – General Procedures 10/17/2019

CITY OF LANCASTER

QUALITY ASSURANCE PROGRAM

1.0 INTRODUCTION

The City of Lancaster (City) Quality Assurance Program (QAP) is a sampling and testing program that will provide assurance that the materials and workmanship incorporated in each public works construction project are in conformance with the contract specifications. The three elements of a Quality Assurance Program are Acceptance Testing (AT), Independent Assurance Program (IAP), and Testing of Manufactured Materials.

Acceptance Testing (AT) is comprised of procedures for regular testing of materials entering a construction project to verify that the materials, or products, comply with contract specifications or standards. The IAP is comprised of procedures to verify that acceptance testing is performed correctly by verifying equipment calibration, witnessing sampling and testing by acceptance tester, and by comparing the test results between testers. The Testing of Manufactured Materials facilitates the review and acceptance of manufactured and prefabricated materials either by source inspection, job site inspection, or Certificate of Compliance. This QAP, as approved by the Director of Public Works, meets Caltrans requirements for all Federally funded National Highway System (NHS) and non-NHS transportation projects.

Until such time the City employs its own in-house quality assurance personnel and laboratory facilities, it shall contract with other qualified local Agencies or qualified private consulting laboratories, which must be approved for such work as described later in this document. Materials testing and sampling costs may be reimbursable through the construction engineering phase of a project. Local Programs Procedures will apply.

City construction projects shall be in general compliance with the currently adopted Caltrans Standard Specifications, unless otherwise specified in the plans and specifications. Laboratories are required to comply with this QAP when contracted to provide inspection and/or materials testing services on City administered Federally funded projects. All materials provisions that apply to the consulting laboratory shall apply to the subcontracted Consultant as well.

The QAP for all local Agency projects shall include Acceptance Tests (AT). AT results shall be used to determine the quality and acceptability of materials and workmanship incorporated into the project.

2.0 GENERAL PROCEDURES

The following criteria for sampling and testing shall be applied for both non-NHS and NHS projects:

2.1 Preliminary Tests

2.1.1 Preliminary Tests are tests prior to award of a contract. Construction personnel rarely sample for Preliminary Tests. Such tests are for design purposes or to provide data for the

Page 4 ends

COL Quality Assurance Program – General Procedures 10/17/2019

"Materials Information" package for prospective bidders. Samples and testing on potential sources sampled after award of the contract are typically called "Initial Samples and Tests," or "Process Control Samples and Tests." Normally, these samples and tests are performed on material proposed for use in the work by the Contractor to determine the ability of a material or product to meet specifications or to indicate to the Contractor the extent of processing and control required to produce a material that meets specifications.

2.2Acceptance Sampling and Testing

2.2.1 Tests of materials entering the work are called "Acceptance Tests" (AT). Acceptance sampling and testing of materials or work should start the first day a construction material is placed or work is performed. To obtain the greatest benefit, testing should be performed as soon as possible after samples are taken or segments of work are completed. This provides early test data for the Engineer's and Contractor's guidance.

2.2.2 The Engineer shall maintain a material and testing "Summary Log" for each material requiring multiple sampling and testing as defined in Exhibit “A” of this document. The "Summary Log" shall include appropriate date, station location, depth of test sample, approximate quantity of material represented by the test sample, test result, and tester.

Failing test results will require cross-referencing of the retest to the initial failing test result by a notation on each report.

2.2.3 Representative samples of all materials entering into the work shall be sampled at the location specified in the standard specifications, special provisions or as directed by the Engineer.

2.3Source Inspection

2.3.1 Source Inspection is acceptance testing of manufactured and prefabricated materials at a location other than the job site. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations.

2.4Reporting Test Results

2.4.1 The following are goals for reporting material tests results to the Engineer:

A. When the aggregate is sampled at the material plant, test results for Sieve Analysis, Sand Equivalent and Cleanness Value should be submitted to the Engineer within 24 hours after sampling.

B. When materials are sampled at the job site, test results for compaction and maximum density should be submitted to the Engineer within 24 hours after sampling.

Page 5 ends

COL Quality Assurance Program – General Procedures 10/17/2019

C. When soils and aggregates are sampled at the job site, test results for Sieve Analysis, Sand Equivalent and Cleanness Value should be submitted to the Engineer within 72 hours after sampling.

D. When soils and aggregates are sampled at the job site, test results for "R" Value and asphalt concrete extraction should be submitted to the Engineer within 72 hours after sampling.

2.4.2 When sampling products such as Portland Cement Concrete (PCC), cement-treated base (CTB), asphalt concrete (AC), and other such materials, the time of such sampling shall be varied with respect to the time of day insofar as is possible, in order to avoid a predictable sampling routine. The reporting of AT test results, for tests not performed by the Engineer’s staff, shall be done on an expedited basis, such as by fax or telephone, followed up with an e-mailed copy.

2.4.3 The reporting of acceptance test results shall be done on an expedited basis, such as by fax or telephone, followed up with an e-mailed copy.

2.5Independent Assurance Program

2.5.1 The primary purpose of the Independent Assurance Program is to:

A. Verify that project sampling and testing materials are performed correctly (i.e., the tester).

B. Verify certification and qualifications of Acceptance testers.

C. Ensure that equipment is properly calibrated.

3.0 PUBLIC WORKS PROJECTS AND NON-NATIONAL HIGHWAY SYSTEM PROJECTS All public works and Federal-Aid projects off the National Highway System shall abide by the following procedures:

3.1Correlation Testing Program

3.1.1 The laboratory utilized for acceptance testing must be a participant in one or more of the following Caltrans’ approved (Caltrans Office of Materials, Engineering and Testing Services) correlation testing programs:

A. The AASHTO Materials Reference Laboratory (AMRL)

B. Cement and Concrete Reference Laboratory (CCRL)

C. Caltrans’ own Reference Samples Program (RSP)

The Contractor shall provide proof of this association in a submitted bid proposal.

Page 6 ends

COL Quality Assurance Program – General Procedures 10/17/2019

3.2Qualifying Laboratories

3.2.1 A private consulting laboratory may be permitted to subcontract materials testing provided the test results are received by the Engineer within 7 days after materials are sampled. The subcontractor must be approved by the local Agency, and must be a participant in an approved correlation testing program. All materials provisions that apply to the consulting laboratory shall apply to the subcontracted Consultant.

3.2.2 Any laboratory providing testing services for projects located in California (except for products manufactured out of state) shall be under the responsible engineering management of a California registered Professional Engineer with experience in inspection and testing of construction materials. The Engineer shall certify the results of all tests performed by laboratory personnel under his supervision.

3.2.3 The Contractor shall not select or exercise any authority over the consulting laboratory.

3.3 Sampling and Testing Materials

3.3.1 The City will commonly hire a Consultant to perform sampling and testing of materials, however, the following are available options for testing:

A. Laboratory operated by another local Agency meeting the qualifications of this QAP.

B. Private Consultant laboratory meeting the requirements of this QAP.

C. Require a Certificate of Compliance from the supplier in lieu of testing manufactured products.

3.4Certification of Personnel

3.4.1 Any laboratory providing testing services for projects located in California (except for products manufactured out of state) shall be under the responsible engineering management of a California registered Professional Engineer with experience in inspection and testing of construction materials.

3.4.2 This Engineer shall individually certify personnel upon receiving evidence of training, experience, and/or certification by a non-Caltrans organization such as the “National Institute for Certification in Engineering Technologies” (NICET). This certification is required for all samplers and testers. Individual Acceptance Testers with a current “Certificate of Proficiency for an Acceptance Tester” issued by Caltrans are accepted as valid Acceptance Testers.

3.4.3 A copy of each person’s Certificate of Proficiency is to be on file in both contracted laboratories’ and the City Engineer’s project files.

3.4.4 Acceptance testers without valid identification for a specific test and/or sampling, so ordered to perform, shall not be allowed to perform that specific sampling and/or testing.

Page 7 ends

COL Quality Assurance Program – General Procedures 10/17/2019

3.5Laboratory Equipment Calibration Requirements

3.5.1 All laboratories shall maintain their laboratory testing equipment, at a minimum, in accordance with Section 2.4.2.2 of the Caltrans Independent Assurance Manual.

3.5.2 Local Agencies and/or private Consultants electing to use nuclear test equipment shall calibrate nuclear gauges on Caltrans’ standard density blocks. Calibration arrangements should be made by contacting a Caltrans authorized 3rd party calibrator, a Caltrans Independent Assurance Sampler and Tester, or a Caltrans Radiation Safety officer. A minimum of three (3) working days’ advance notice is required for nuclear gauge calibration.

3.6Manufactured and Assembled Materials

3.6.1 The City may waive material testing requirements and permit the use of certain manufactured products, materials or assemblies that are accompanied by a Certificate of Compliance, provided these products, materials or assemblies do not involve structural integrity or public safety. The manufacturer of the products, materials or assemblies shall sign the Certificate of Compliance and state the included materials and workmanship conform, in all respects, to the project specifications for the material.

3.7Certificate of Compliance

3.7.1 Acceptance of manufactured and prefabricated structural materials shall be based on either a Certificate of Compliance and/or source inspection by the City or its qualified Consultant.

Source inspection is acceptance testing of manufactured and prefabricated materials at locations other than the job site. The certified material lot number and project number shall be clearly identified on the certificate and on lot tags affixed or stenciled to the released materials. All materials accepted on the basis of a signed Certificate of Compliance shall be noted by project inspectors on daily inspection reports and laboratory releases.

3.7.2 The contract documents shall specify which materials require a Certificate of Compliance. In addition to the specifications, see listing of materials typically accepted by a Certificate of Compliance for projects advertised using Caltrans Standard Specifications, most current edition, for reference.

3.7.3 Manufactured products, materials or assemblies used on the basis of a Certificate of Compliance may be sampled again at the job site and tested at any time during the term of the contract. Items found not in conformance with contract requirements shall be subject to rejection whether in place or not.

3.7.4 It shall be the responsibility of the Contractor to protect and ensure the integrity of materials, products and assemblies upon delivery to the project site.

Page 8 ends

COL Quality Assurance Program – General Procedures 10/17/2019

3.8Performing Independent Assurance Sampling and Testing

3.8.1 The City may utilize an individually qualified local Agency or private Consultant testers to perform the work. Private Consultant testers used to perform Independent Assurance Sampling and Testing shall be free of conflicts of interest and shall not be performing the acceptance testing for the Contractor under contract for the given Federal-aid project.

3.8.2 It shall be at the discretion of the Engineer as to the need for and the extent of Independent Assurance Sampling and Testing.

3.8.3 Independent Assurance Sampling and Testing is to be done in a manner that shall avoid needless duplication.

3.9Frequency of the Testing

3.9.1 The Frequency of testing is noted in Exhibit “A” of this document and provides for sampling and testing as required for various materials and products. Close adherence to the sample size requirement avoids the unnecessary delay and expense of obtaining supplementary samples to complete the tests.

3.9.2 The frequency of sampling is intended as a guide under normal conditions. Material well within specifications and uniform in character may result in less frequent sampling and testing, whereas borderline materials may need an increase in the frequency of testing to assure specification compliance. Materials supplied from reliable sources and proven by frequent testing to be of uniform high quality may subsequently receive less sampling and testing than indicated in the frequency testing tables. However, any deviation from the prescribed frequency must be noted and explained in the material testing records. When materials are being furnished intermittently, with interruptions of several days or weeks, the frequency of sampling and testing should be increased to assure that specification materials are being incorporated into the work.

3.9.3 Whenever failures occur, sufficient additional acceptance tests should be taken to isolate the affected work. Documentation of the results of such additional tests shall be included in the records, including a description of the corrective measures taken.

3.9.4 Relatively minor quantities of construction materials may be accepted without testing provided acceptance conforms to the conditions stated below. Generally, this provides for accepting minor quantities of materials from a commercial source that is known to be a supplier of specification material.

3.9.5 The Engineer, on the basis of a visual examination, may accept minor quantities of materials without testing, provided the source of the supplies has recently furnished similar materials found to be satisfactory using Caltrans sampling and testing requirements.

3.9.6 Acceptance of a product may be established on the basis of certification by the manufacturer or supplier that the material furnished complies with all specification requirements.

Page 9 ends

COL Quality Assurance Program – General Procedures 10/17/2019

3.9.7 Documentation for acceptance of material as described above must be provided and included in the project records. The documentation should include statements in the project inspector's reports that clearly indicate conditions under which the material was accepted.

4. 0 NATIONAL AND STATE HIGHWAY SYSTEM PROJECTS

The City shall employ the following procedures for Federal-aid projects involving NHS and SHS roads:

4.1 Correlation Testing Program

4.1.1. The utilized laboratory for acceptance testing must be a participant in one or more of the following Caltrans' approved (Caltrans Office of Materials Engineering and Testing Services) correlation testing programs:

A. The AASHTO Materials Reference Laboratory (AMRL)
B. Cement and Concrete Reference Laboratory (CCRL)

C. Caltrans' Reference Samples Program (RSP)

4.2 Qualifying Laboratories

4.2.1 A private consulting laboratory may be permitted to subcontract materials testing provided the test results are received by the Engineer within 7 days after materials are sampled. The subcontractor must be approved by the local Agency and must be a participant in an approved correlation testing program. All materials provisions that apply to the consulting laboratory shall apply to the subcontracted Consultant.

4.2.2 Any laboratory providing testing services for projects located in California (except for products manufactured out of state) shall be under the responsible engineering management of a California registered Professional Engineer with experience in inspection and testing of construction materials. The Engineer shall certify the results of all tests performed by laboratory personnel under his supervision.

4.2.3 The Contractor shall not select or exercise any authority over the consulting laboratory.

4.3 Certification of Personnel

4.3.1 Acceptance sampling and testing shall be performed only by personnel who have been certified by the Caltrans District Materials Engineer, or other designated district authority, and deemed proficient in acceptance sampling and testing. These personnel shall possess a current "Certificate of Proficiency for an Acceptance Tester," (TL-0111) (old Form HC-I) (Exhibit I6-D) which is valid in all districts. This certificate is required for all samplers and testers, including Consulting laboratory employees and employees of sub-contracted laboratories.

Page 10 ends

COL Quality Assurance Program – General Procedures 10/17/2019

4.3.2 The Caltrans District Materials Engineer and/or Caltrans Independent Assurance Engineer shall individually certify personnel of local Agencies and Consultant employees upon receiving evidence of training, experience and/or certification by an authorized, non-Caltrans organization such as the "National Institute for Certification in Engineering Technologies" (NICET).

4.3.3 A copy of each person's Certificate of Proficiency is to be on file in both the District Materials Laboratory’s and the City Engineer's project files. The TL-0111 form lists the sampling and testing which the individual is authorized to perform.

4.3.4 A person possessing the TL-0111 Certification issued on the basis of a certification from NICET or other organizations recognized by Caltrans, if observed by qualified personnel, not to be performing materials sampling and testing in accordance with applicable test methods, shall have his or her T-0111 certification withdrawn or modified for the particular test method observed to have been incorrectly performed.

4.3.5 During witness and split sample testing, acceptance testers should carry adequate identification so Independent Assurance sampling and testing personnel can verify certification. Acceptance testers without valid identification shall not be allowed to perform sampling and testing.

4.3.6 A person whose certification has been withdrawn for a particular test method may have the certification revalidated upon demonstration that deficiencies have been eliminated to the satisfaction of the Caltrans District Materials Engineer.

4.3.7 In cases of extreme emergency, sampling and testing may be performed by someone not certified. The Engineer is to assure himself or herself of the person's competency and every effort should be made to obtain a certified person as soon as possible. These occasions should be limited to unforeseen circumstances. Prior arrangements shall be made to have certified personnel available for foreseeable occasions such as vacation, compensating time off, rotation, or separation.

4.4Laboratory Equipment Calibration Requirements

4.4.1 The laboratory utilized for acceptance testing shall calibrate all field and laboratory equipment prior to use on construction projects and re-calibrate as frequently as required per Section 2.4.2.2 of the Caltrans Independent Assurance Manual. The maximum interval between calibrations is one year.

4.4.2 The consulting laboratory, including any sub-consulting laboratory, shall provide written evidence of current calibration to the City prior to entering any contractual agreement to perform acceptance testing. In addition, the consulting laboratory, including any sub- consulting laboratory, shall re-calibrate at the request of the Engineer. All calibration evidence shall be provided to the Caltrans District Materials Engineer upon request.

4.4.3 Calibration of test equipment shall conform to Section 8-03, "Field Tests," of the Caltrans Construction Manual.

Page 11 ends

COL Quality Assurance Program – General Procedures 10/17/2019

4.4.4 When nuclear test equipment is used to determine soil, aggregate or asphalt concrete compaction, such equipment shall be calibrated on Caltrans' standard density blocks.

Calibration arrangements should be made by contacting a Caltrans authorized 3rd party calibrator, a Caltrans Independent Assurance Sampler and Tester, or a Caltrans Radiation Safety officer. A minimum of 3 working days advance notice is required for nuclear gage calibration. Nuclear gages not calibrated on Caltrans' standard density blocks shall not be accepted. Specified calibration tables for each device shall be used for all State and Federally- funded contracts on the NHS. All nuclear gage compaction tests conducted without Caltrans' calibration tables shall be reported "Unacceptable" by Caltrans' IA personnel authorized 3rd party calibrator.

4.4.5 Upon proper calibration, a decal shall be firmly affixed to each piece of calibrated equipment. Decal type and required information are specified on page 63, Appendix B, of the CaltransQuality Assurance Program Manual.A manufacturer's or service Contractor's decal is acceptable as long as the above-required information is readily available.

4.4.6 Should such decal become unreadable or lost, then the equipment is to be re-calibrated as soon as possible. Where such equipment either requires repair or cannot be repaired, a timely repair or replacement shall be secured.

4.4.7 All laboratories shall maintain their laboratory testing equipment in accordance with recognized national calibration standards.

4.5Use of Caltrans to Perform Equipment Calibration

4.5.1 Should the City choose to utilize a Caltrans laboratory to perform equipment calibration, the City and/or Caltrans District Local Assistance Engineer (DLAE) must furnish the following to the appropriate Caltrans District Materials Engineer:

A. A letter requesting required testing services (letter should note if ASTM methods shall be used in lieu of the California Test Method (CTM);

B. Specific instruction on how the Agency is to be billed;

C. An Engineering Authorization number provided by the Caltrans DLAE.

4.5.2 An advance deposit (procedures and amounts of advance deposits vary by Caltrans Districts) is required to cover the cost of calibration done by Caltrans. All such requests shall be made through the appropriate Caltrans DLAE.

4.6Manufactured and Assembled Materials

4.6.1 The City may permit the use of certain manufactured products, materials or assemblies accompanied by a Certificate of Compliance prior to sampling and testing, provided these products, materials or assemblies do not involve structural integrity or safety to the public.

Additionally, these items must have a history of having met specifications based upon

Page 12 ends

COL Quality Assurance Program – General Procedures 10/17/2019

previous sampling and testing. The manufacturer of the products, materials or assemblies shall sign the Certificate of Compliance and state that the included materials and workmanship conform in all respects to the project specifications.

4.7Certificate of Compliance

4.7.1 Acceptance of manufactured and prefabricated structural materials shall be based on either a Certificate of Compliance and/or source inspection by the City, qualified Consultant, or Caltrans authorized personnel.

4.7.2 The contract documents should specify which materials require a Certificate of Compliance.

For such specified materials, the Engineer is responsible for insuring that a Certificate of Compliance is furnished with each lot of these materials delivered to the work site. The certified material lot number and project number shall be clearly identified on the certificate and on lot tags affixed or stenciled to the released materials. All materials accepted on the basis of a signed Certificate of Compliance shall be referenced by project inspectors to daily inspection reports and laboratory releases. Certified materials such as Portland Cement and Asphalt products shall be sampled for testing as indicated in the "Size, Frequency and Location of Sampling and Testing Tables" (Exhibit “A”) (hereinafter referred to as "Frequency Tables").

4.7.3 Manufactured products, materials or assemblies used on the basis of a Certificate of Compliance may be sampled again at the job site and tested at any time during the life of the contract. Items found later not in conformance with contract requirements shall be subject to rejection whether in place or not. The form and distribution of Certificates of Compliance shall be acceptable to the DLAE. A Certificate of Compliance for each item shall be kept in the Engineer's file.

4.8Performing Independent Assurance Sampling and Testing

4.8.1 Independent Assurance sampling and testing is mandatory for all NHS projects. Caltrans shall perform the Independent Assurance Sampling and Testing. The Engineer shall schedule on a timely basis with the Caltrans Materials Engineer, the Independent Assurance testing of his/her personnel responsible for the Acceptance testing on the project. The frequency of Independent Assurance Sampling and Testing to be performed or witnessed by the Independent Assurance personnel are listed in the Caltrans Quality Assurance Manual.

4.8.2 Independent Assurance samples are taken at random for the purpose of making independent checks on the reliability of the Acceptance Test results. Both Independent Assurance Test samples and Acceptance Test samples should be taken from the same point in the material delivery process, and are split samples for purposes of comparing test results between Independent Assurance Sampling and Testing personnel and field laboratory (acceptance) tester. Independent Assurance Sampling and Testing does not have to be performed on materials actually incorporated into the work. The tests, however, shall be performed while a project is active and the same acceptance tester and testing equipment shall be used for the project. The split sample is to be tested separately by the field acceptance testing laboratory

Page 13 ends

COL Quality Assurance Program – General Procedures 10/17/2019

person and by the Independent Assurance laboratory person using separate equipment.

Independent Assurance samples are to be tested on equipment that is not assigned to the project.

4.8.3 All sampling by Independent Assurance testing personnel must be identified as an Independent Assurance sample even when the number of samples or tests may exceed the sampling schedule.

Such identity must be maintained throughout the testing procedure. Independent Assurance samples shall be kept under the direct control of the Independent Assurance sampler until they are shipped or delivered to the testing laboratory.

4.8.4 Acceptance tester results are compared with Independent Assurance results by the Caltrans District Materials Engineer. The Engineer is responsible to see that the frequency of Independent Assurance testing is conducted in accordance with the CaltransQuality Assurance Program Manual.The Caltrans District Materials Engineer is responsible for the resolution of testing differences and reporting results to the Engineer in a timely manner.

4.8.5 Poor correlation between Acceptance Testers' results and the Independent Assurance Testers' results indicate probable deficiencies with the job quality acceptance sampling and testing procedures. Independent Assurance samples and tests are not to be used for determining compliance with contract requirements. The frequency of Independent Assurance Sampling and Testing is described in the Caltrans Quality Assurance Program Manual,Section 3-13, "Performing Independent Assurance Sampling and Testing Functions."

4.8.6 The following are the procedures to follow for Independent Assurance Sampling and Testing when performed on all NHS local Agency contracts:

A. Independent Assurance Sampling and Testing is required for each Federal-Aid contract on NHS. The Caltrans DLAE is responsible for assuring that there is a continual process in the district where the Engineer and the Independent Assurance laboratory are notified prior to the start of work. This is accomplished by forwarding a copy of the PS&E package to the District Materials Engineer for review and determination of the required Independent Assurance requirements. The Independent Assurance requirements are then sent to the DLAE on Form MR-0102, “Independent Assurance Sampling and Testing.” The Independent Assurance requirements are determined from the CaltransQuality Assurance Program Manual and are recorded on either the “Report of Witness Test” (Form MR-0103) or the “Corroboration Report” (Form MR-104). Results are retained in summary on the “Independent Assurance Sampling and Testing Log Summary Sheet” (See the CaltransQuality Assurance Program Manual, Appendix C for examples of forms mentioned above). The frequency of Independent Assurance Sampling and Testing is specified in Table 1, “Frequency of Split Sample and Witness Tests” of the Caltrans Quality Assurance Program Manual. The DLAE is responsible for assuring that acceptance testing and Independent Assurance Activities are monitored by the Engineer during the construction phase of each Federal-Aid project on the NHS.

B. The Engineer is responsible for the timely notification of the appropriate Material Laboratory when Independent Assurance Testing is needed.

Page 14 ends

COL Quality Assurance Program – General Procedures 10/17/2019

C. Independent Assurance samples are to be tested on a priority basis. Independent Assurance testing personnel are to promptly compare test results with Acceptance Tests performed by project personnel. Acceptability of the purpose of satisfying Independent Assurance requirements rests solely with comparing test results, not on meeting contract requirements. The District Materials Engineer is responsible for resolving differences when Independent Assurance sampling and testing results compare poorly with acceptance sampling and test results. The District Materials Engineer shall immediately report the poor comparison results to the Engineer by telephone or fax. He/she shall also transmit to the Engineer, the "Corroboration Report." A copy shall also be sent to the DLAE.

D. The District Materials Engineer shall immediately initiate follow-up actions whenever poor comparisons are noted between Independent Assurance and Acceptance Test results.

Independent Assurance Testing personnel's follow-up actions may include further Independent Assurance sampling and testing, and the results placed in the Engineer's file, with a copy furnished to the Caltrans DLAE. The District Materials Engineer shall continue follow-up actions until the discrepancies are resolved.

E. The appropriate Materials Laboratory shall retain the original "Independent Assurance Sampling and Testing Log Summary." If a Consultant Independent Assurance is used then a copy of the log summary for each acceptance tester shall be submitted to the Engineer upon project completion. This copy shall be retained in the construction project files.

Note: The use of the following Caltrans forms for local Agency projects is on an optional basis for reporting Independent Assurance activities and/or results and information relating to Independent Assurance. The local Agency or its Consultant testing organization may use any similar form that provides the same information as the forms listed below:

“Independent Assurance Sampling and Testing” (Form MR-0102) “Report of Witness Tests” (Form MR-0103)
“Corroboration Report” (Form MR-0104)
“Independent Assurance Sampling and Testing Log Summary” (Form MR0110)

F. Independent Assurance testing is to be done in a manner that shall avoid needless duplication. The construction sampling and/or testing person may be working on several different construction projects concurrently, utilizing the same equipment during the same time period. When this is the case, it is not necessary to make Independent Assurance tests for all projects. Instead, the results can be incorporated into each appropriate project file to show that the sampler and/or tester has been performing the job correctly, and that the testing equipment is in proper working order.

G. In order to provide required documentation for multiple construction projects as described above, each Independent Assurance sampling or test result shall be entered into the Independent Assurance Sampling and Testing Log Summary for the person tested. This

Page 15 ends

COL Quality Assurance Program – General Procedures 10/17/2019

summary is retained by the Independent Assurance personnel and shall be readily available for future reference. Applicable contracts, sample identification numbers, and tests performed can be traced to the Independent Assurance Sampling and Testing Log Summary. Copies of the Independent Assurance Sampling and Testing log summary for each acceptance sampler and tester shall be provided to each affected Engineer for inclusion in their respective files.

4.9Frequency of Testing

4.9.1 The frequency of testing is to be performed per the sampling and testing frequency tables within the most current California Department of Transportation Quality Assurance Program (QAP) Manual or the project specifications, whichever is most stringent.

4.9.2 Whenever failures occur, sufficient additional acceptance tests should be taken to isolate the affected work. Documentation of the results of such additional tests shall be included in the records, including a description of the corrective measures taken.

4.9.3 Relatively minor quantities of construction materials may be accepted without testing provided acceptance conforms to the conditions stated below. Generally, this provides for accepting minor quantities of materials from a commercial source that is known to be a supplier of specification material.

4.9.4 The Engineer, on the basis of a visual examination, may accept minor quantities of materials without testing, provided the source of the supplies has recently furnished similar materials found to be satisfactory using Caltrans sampling and testing requirements.

4.9.5 Acceptance of a product may be established on the basis of certification by the manufacturer or supplier that the material furnished complies with all specification requirements.

4.9.6 Documentation for acceptance of material as described above must be provided and included in the project records. The documentation should include statements in the project inspector's reports that clearly indicate conditions under which the material was accepted.

5.0 TESTING FREQUENCY

Exhibit “A” of this document provides a guide for sampling and testing required for various materials and products that are used on a Public Works Project or Non-National Highway System Project. For Projects that are State or National Highway Systems, the sampling frequency shall be as stated in the most current California Department of Transportation Quality Assurance Program (QAP) Manual or the project specifications, whichever is most stringent. Close adherence to the sample size requirement avoids the unnecessary delay and expense of obtaining supplementary samples to complete the tests.

The frequency of sampling is intended as a guide under normal conditions. Material well within specifications and uniform in character may result in less frequent sampling and testing, whereas borderline materials may need an increase in the frequency of testing to assure specification

Page 16 ends

COL Quality Assurance Program – General Procedures 10/17/2019

compliance. Materials supplied from reliable sources and proven by frequent testing to be of uniform high quality, may subsequently receive less sampling and testing than indicated in the Frequency Testing Tables; however, any deviation from the prescribed frequency must be noted and explained in the material testing records. When materials are being furnished intermittently, with interruptions of several days or weeks, the frequency of sampling and testing should be increased to assure that specification materials are being incorporated into the work.

Whenever failures occur, sufficient additional acceptance tests should be taken to isolate the affected work. Documentation of the results of such additional tests shall be included in the records, including a description of the corrective measures taken.

Relatively minor quantities of construction materials may be accepted without testing provided acceptance conforms to the conditions stated below. Generally, this provides for accepting minor quantities of materials from a commercial source that is known to be a supplier of specification material.

The Engineer, on the basis of a visual examination, may accept minor quantities of materials without testing provided the source of the supplies has recently furnished similar materials found to be satisfactory using normal sampling and testing requirements.

Acceptance of a product may be established on the basis of certification by the manufacturer or supplier that the material furnished complies with all specification requirements.

Documentation for acceptance of material as described in paragraphs 1 and 2 above must be provided and included in the project records. Documentation should include statements in the project inspector's reports that clearly indicate conditions under which the material was accepted (e.g., description, quantity, location, where placed, certification numbers and/or other accompanying data).

6.0 RECORDS

All material records of samples and tests, material releases and Certificates of Compliance for a given project shall be incorporated into the Engineer's project file. This file shall be organized as described in Section 16.8, "Project Files," of the Caltrans Local Assistance Procedures Manual. The complete project file shall be available at a single location for inspection by Caltrans and FHWA personnel at any time during the construction project. The file shall be available at the local Agency administrative office for at least three years following the date of final payment. The use of a "Summary Log," as described in “Acceptance Sampling of Testing,” facilitates reviews of material sampling and testing by Caltrans and FHWA reviewing personnel, and assists the Engineer in tracking the frequency of testing.

When two or more projects are being furnished materials simultaneously from a single plant, it is not necessary to secure separate samples for each project; however, individual test reports are to be supplied to complete the records for each project.

Page 17 ends

COL Quality Assurance Program – General Procedures 10/17/2019

7.0 PROJECT CERTIFICATION
Upon completion of the project, a "Materials Certificate" shall be completed by the Engineer. The City shall include a "Materials Certificate" in the Report of Expenditures submitted to the Caltrans District Director, Attention: District Local Assistance Engineer. A copy of the "Materials Certificate" shall also be included in the local Agency construction records. The Construction Manager in charge of the construction function for the City shall sign the certificate. All materials incorporated into the work which did not conform to specifications must be explained and justified on the "Materials Certificate," including changes by virtue of contract change order

REFERENCES

1. State of California, Department of Transportation LAPM Chapter 16. June 10, 2011 Edition

2. State of California, Department of Transportation QAP Manual, revised January 20, 2011

Page 18 ends

COL Quality Assurance Program – General Procedures 10/17/2019 EXHIBIT“A”

Minimum Testing Frequency
Concrete Aggregate:

Conformance Testing Verification (within 12 months)
Sieve Analysis CTM 202
Sand Equivalent (SE) ASTM D2419
CTM 217
LA Tattler ASTM C131
CTM 211
Sodium Soundness ASTM C88
Organic Impurities ASTM C40
Specific Gravity of Aggregate CTM 206/207
Durability of Aggregate CTM 229
Concrete:

Frequency: Initial and at least every 300CY
Slump CTM 556
Air Content CTM 504
Compressive Strength CTM 521
Making of Concrete Cylinder CTM 540
Density Test CTM 518
Temperature CTM 557

Asphalt Mix Design:

Frequency: 1 per mix per project
Sieve Analysis CTM 202
Sand Equivalent (SE) CTM 217
LA Rattler CTM 211
Specific Gravity (agg) CTM 206/207
Optimum Oil content CTM 367
Maximum Density (Hveem) CTM 304/308
Maximum Theoretical Density CTM 309
Paving Asphalt/Liquid Asphalt/Asphalt Emulsion:

Frequency: Certificate of Compliance
Rattler

Page 19 ends

COL Quality Assurance Program – General Procedures 10/17/2019 EXHIBIT“A”

Minimum Testing Frequency - Continued
Asphalt Concrete Mixture:

Frequency: Every 500 tons of Placement or 1 per day
Oil Content CTM 382
Gradation Analysis CTM 202
Maximum Density (Hveem) CTM 304/308
Maximum Theoretical Density CTM 309
HVEEM Stability CTM 366
Aggregate Base/Aggregate Subbase:

Frequency: Initial and 1 for every 3000 tons or source change Sieve Analysis CTM 202
DurabilityCTM 229
R-Value CTM 301
Sand Equivalent CTM 217
Moisture (1 daily if paid by weight) CTM 226
Relative Density (as necessary CTM 231
for acceptance)
Laboratory Relative Compaction CTM 216

Soil:

Frequency: Every Soil change (2 minimum per project)
Maximum Density/Optimum CTM 216
Moisture
Expansion Index ASTM D4829
Relative Compaction in place CTM 231
(as needed)
On-Call Construction Management & Inspection Services (Reference RFQ 739-21) SR-138 (SR-14) Avenue J Interchange Improvement Phase II (Reference PWCP 20-005) Exhibit 1-B, Page 1 of 1

EXHIBIT 1-B: SCOPE OF WORK

INTRODUCTION
DMR Team, Inc. will provide an updated Quality Management Plan for the City of Lancaster for approval by Caltrans District 7.

Under this Revised Task Order 2 the Consultant shall provide civil and electrical design plans for construction including the following:

1. Develop an updated and Approved Caltrans Quality Assurance Plan (QAP) and include the Source Inspection Quality Management Plan (SIQMP).

2. Contract and provide for the implementation and inspection per the amended and approved City of Lancaster, Caltrans Quality Assurance Plan (QAP) and Source Inspection Quality Management Plan (SIQMP).

A detailed outline of the scope of work by Task is included below.

Milestone tasks and schedule are included in Exhibit 2-B and payment and fees by tasks is included in Exhibit 3-B.

1.1 Payment
The payment for Task 1 and Task 2 will be made at a price that will not exceed the amount on EXHIBIT 3. This payment will be considered as full compensation for providing all the labor, equipment, materials, and other essentials needed to perform Task 1 and Task 2 as required in this Scope of Work.

On-Call Construction Management & Inspection Services (Reference RFQ 739-21) SR-138 (SR-14) Avenue J Interchange Improvement Phase II (Reference PWCP 20-005) Exhibit 1-C, Page 1 of 1

EXHIBIT 1-C: SCOPE OF WORK

INTRODUCTION
On August 26, 2022, the City executed a Task Order for On- Call Construction Management and Inspection Services with DMR Team, Inc.

On June 17, 2024, a Revised Task Order was executed for s ource inspection and quality management plan execution for Caltrans processing and testing preparation.

Under this Second Revised Task Order, the City shall authorize the contract contingency approved by Council on August 23, 2022, and request an additional amount for the completion of project.

The Consultant shall extend the period of services as indicated on Exhibit 2-C.

Milestone tasks and schedules are outlined in Exhibit 2- C, and the payment and fee structure are provided in the tasks and subtasks table included in Exhibit 3-C.

Except as expressly amended hereby, all the other terms and conditions of the Task Order shall remain unchanged and in full force and effect in accordance with their original terms.

On-Call Construction Management & Inspection Services (Reference RFQ 739-21) SR-138 (SR-14) Avenue J Interchange Improvement Phase II (Reference PWCP 20-005) Exhibit 1-D, Page 1 of 1
EXHIBIT 1-D: SCOPE OF WORK
On August 26, 2022, the City executed a Task Order for On-Call Construction Management and Inspection Services with DMR Team, Inc.

On June 17, 2024, a Re vised Ta sk Orde r was exec uted for source inspecti on and quality management plan execution for Caltrans processing and testing preparation.

On January 7, 2025, a Second Revised Task Order was executed to authorize the use of the contract contingency approved by Council on August 23, 2022 and May 28, 2024, and approved additional funding to extend the period of services as indicated on Exhibit 2-C.

Under this Third Revised Task Order, the Consultant shall extend the period of services indicated on Exhibit 2-D.

Milestone tasks and schedules are outlined in Exhibit 2-D, and the payment and fee structure are provided in the tasks and subtasks table included in Exhibit 3-D.

Except as expressl y amended hereby, all the other terms and conditions of the Task Order shall remain unchanged and in full force and effect in accordance with their original terms.

On-Call Construction Management & Inspection Services (Reference RFQ 739-21) SR-138 (SR-14) Avenue J Interchange Improvement Phase II (Reference PWCP 20 -005) Exhibit 1-E, Page 1 of 4

EXHIBIT 1-E: SCOPE OF SERVICES

On August 26, 2022, the City executed a Task Order for On -Call Construction Management and Inspection Services with DMR Team, Inc.

On June 17, 2024, a Revised Task Order was executed for source inspection and quality management plan execution for Caltrans processing and testing preparation.

On June 4, 2025, a Third Revised Task Order was executed to extend the period of services indicated on Exhibit 2-D.

Under this Fourth Revised Task Order, the City shall authorize additional funding to cover an increase of Services due to unforeseen additional work required to complete the project.

Milestone tasks and schedules are outlined in Exhibit 2 -D, and the payment and fee structure are provided in the tasks and subtasks table included in Exhibit 3-E.

Except as expressly amended hereby, all the other terms and conditions of the Task Order shall remain unchanged and in full force and effect in accordance with their original terms.

E
XHIBIT “2”

SCHEDULE
A. Task Order 2 – Schedule
B. Revised Task Order 2 – Schedule
C. Second Revised Task Order 2 – Schedule
D. Third Revised Task Order 2 – Schedule
E. Fourth Revised Task Order 2 – Schedule
On-Call Construction Management & Inspection Services (Reference RFQ 739-21) SR-138 (SR-14) Avenue J Interchange Improvements Phase II (Reference PWCP 20-005) Exhibit 2-A, Page 1 of 1
EXHIBIT 2-A: SCHEDULE
Time for Commencement and Completion
CONSULTANT shall commence performance of the work no later than three (3) calendar days following issuance of Notice to Proceed. It is anticipated that performance of the work will be completed thirty (30) after the contract completion date for PWCP 20-005, SR-138 (SR-14) Avenue J Interchange Improvements Phase II . In no event shall performance of the work be completed later than ninety (90) days after the contract completion date for PWCP 20-005 without the prior written authorization of the City. If Consultant fails to complete the work in this time period, City may avail itself of any and all remedies provided for in this Agreement.

On-Call Construction Management & Inspection Services (Reference RFQ 739-21) SR-138 (SR-14) Avenue J Interchange Improvement Phase II (Reference PWCP 20-005) Exhibit 2-B, Page 1 of 1

EXHIBIT 2-B: SCHEDULE
Milestone tasks and tentative schedule based on grant funding are included in Exhibit 2-A and 2-B. The schedule is a critical timeline that must be adhered to due to the deadline constraints required by the grant, therefore, all the following tasks must be completed on or before the due dates listed.

In order to preserve grant funding, time is of the essence. Immediately following selection, the selected Consultant will be advised with a Notice to Proceed. Task Order will be processed and executed as soon as possible following selection, and shall be in place prior to Notice to Proceed.

City review periods, as noted in Exhibit 1-A and 1-B are included in this schedule; no additional time will be granted for allowable time with the City.

With submittal of a Proposal, the Consultant acknowledges full understanding and awareness of the proposed schedule. No price adjustments will be permitted for acceleration.

MILESTONE COMPLETED BY
Executed Revised Task Order 2 May 29, 2024
Notice to Proceed June 1, 2024
Construction June 1, 2024

On-Call Construction Management & Inspection Services (Reference RFQ 739-21) SR-138 (SR-14) Avenue J Interchange Improvement Phase II (Reference PWCP 20-005) Exhibit 2-C, Page 1 of 1

EXHIBIT 2-C: SCHEDULE
Milestone tasks and tentative schedule based on grant funding are included in Exhibit 2-A, 2-B and 2-C.

The schedules are a critical timeline that must be adhered to due to the deadline constraints required by the grant.

In order to preserve grant funding, time is of the essence.

The Task Order will be processed and executed as soon as possible shall be in place prior to Notice to Proceed. It is anticipated that the work will be completed no later than May 15, 2025.

With submittal of a Proposal, the Consultant acknowledges full understanding and awareness of the proposed schedule. No price adjustments will be permitted for acceleration.

On-Call Construction Management & Inspection Services (Reference RFQ 739-21) SR-138 (SR-14) Avenue J Interchange Improvement Phase II (Reference PWCP 20-005) Exhibit 2-D, Page 1 of 1

EXHIBIT 2-D: SCHEDULE
Milestone tasks and tentative schedule based on grant funding are included in Exhibit 2-A, 2-B, 2-C and 2-D. The schedules are a critical timeline that must be adhered to due to the deadline constraints required by the grant.

In order to preserve grant funding, time is of the essence.

The Task Order will be processed and executed as soon as possible shall be in place prior to Notice to Proceed. It is anticipated that the work will be completed no later than December 30, 2025.

With submittal of a Proposal, the Consultant acknowledges full understanding and awareness of the proposed schedule. No price adjustments will be permitted for acceleration.

On-Call Construction Management & Inspection Services (Reference RFQ 739-21) SR-138 (SR-14) Avenue J Interchange Improvement Phase II (Reference PWCP 20- 005) Exhibit 2-E, Page 1 of 1

EXHIBIT 2-E: SCHEDULE
There is no change to the schedule per this revised Task Order.

EXHIBIT “3”

FEE SCHEDULE

The Consultant shall maintain separate costs and shall identify the specific costs. The costs under this task order shall include:

A. Task Order 2 – Payment and Fee

B. Revised Task Order 2 – Payment and Fees

C. Second Revised Task Order – Payment and Fees

D. Third Revised Task Order – Payment and Fees

E. Fourth Revised Task Order – Payment and Fees

Original Authorization: $ 346,510.00
Previous Addt’l Authorizations: $ 1,548,470.00
Authorization No. 4: $ 159,315.00
Total Not To Exceed: $ 1,707,785.00

On-Call Construction Management & Inspection Services (Reference RFQ 739-21) SR-138 (SR-14) Avenue J Interchange Improvements Phase II (Reference PWCP 20-005) Exhibit 3-A, Page 1 of 1
EXHIBIT 3-A: FEE SCHEDULE*
TASK
NO. DESCRIPTION
EST
QTY

UNIT UNIT
PRICE$
TOTAL
PRICE$

1. Construction Management General
Services 1 LS __________

2. Construction Management Services 1 LS __________

3. Construction Inspection Services 1 LS __________

4. Construction Closeout Activities 1 LS __________
__________TOTAL COST NOT TO EXCEED

TOTAL COST AMOUNT WRITTEN IN
In support of Exhibit 3, Consultant shall provide, and submit with their proposal, a Fee Grid.

The Fee Grid shall be itemizied by Task and shall list Personnel, Hours**, Rates and any other costs.
*Payment shall be considered full compensation for furnishing all labor, equipment, materials and incidentals for performing Construction Management and Inspection Services as required in Exhibit 1. No separate payments shall be made for hourly rates, minimums, travel/mileage, subconsultants, outside services, preparation, per diem, reviews/signature, postage/freight, reproduction, etc.; unit prices as shown on EXHIBIT 3 shall be all-inclusive. ** Hours are for progress tracking purposes only. This is a lump sum not to exceed contract to provide services as described in Exhibit 1, complete. Additional hours and associated costs will only be considered for change in scope and must be authorized in writing prior to expenditure Ver.07-07-20
$39,045.00
$103,430.00
190,995.00
$12,940.00
__________
__________
__________
__________
$39,045.00
$103,430.00
190,995.00
$12,940.00
$346,510.00
Three hundred forty six thousand five hundred ten dollars and zero cents

7 PWCP 20-005, AVE J INTERCHANGE IMPROVEMENTS, PH II

construction

PROPOSED FEE

The following fee estimate is based on 200 calendar days of construction duration, and consulting services extending for an additional 30 calendar days after completion of construction as specified in the RFP.

Material testing has been assumed to require 8 field days and supporting laboratory testing and reporting.

Proposed fee for the construction survey and staking has been included under Task 3.

Tasks:

Resident
Engineer/
Program
Manager:

Hourly
Rate: $185
Office
Engineer:

Hourly
Rate: $130
Assistant
Office
Engineer:

Hourly
Rate: $115
General
Field
Observation:

Hourly Rate:
$110
Geotechnical
Inspection:
(L.S.):

Construction
Staking:
(L.S.):

Clerical &
Admin:

Hourly
Rate: $60
Sub Task
Sub Total
Task 1: Construction
Management General
Services

1.1 - Project Control System
Development 11 2 6 $2,655

1.2 - Weekly, Monthly
Project Progress Meetings
and Reports
70 22 14 58 $20,900

1.3 - Document
Management Systems 3 4 $1,075

1.4 - Sub-Consultant
Management 33 10 18 $8,485

1.5 - Construction
Management Plan 5 3 4 $1,555

1.6 - Pre-construction Walk
Through 3 16 12 6 $4,375
Task 1 Subtotals: $23,125 $7,410 $2,990 $0 $0 $0 $5,520 $39,045

8 PWCP 20-005, AVE J INTERCHANGE IMPROVEMENTS, PH II
construction
Tasks:

Resident
Engineer/
Program
Manager:

Hourly
Rate: $185
Office
Engineer:

Hourly
Rate:
$130
Assistant
Office
Engineer:

Hourly
Rate:
$115
General Field
Observation:

Hourly Rate:
$110
Geotechnical
Inspection:
(L.S.):

Construction
Staking:
(L.S.):

Clerical
&
Admin:

Hourly
Rate:
$60
Sub Task
Sub Total
Task 2: -Construction
Management Services

2.1 - Preconstruction
Conferences 11 3 3 3 $2,950

2.2 - Communications and
Correspondence 20 12 36 28 $11,080

2.3 - Project Changes and
Construction Change Order
Management
24 5 5 10 $6,265

2.4 - Monthly Construction
Progress Reports 42 8 24 $10,250

2.5 - Schedule Monitoring 36 6 10 $8,040

2.6 - Cost Monitoring 36 6 6 $7,800

2.7 - Progress/Coordination
Meetings 44 12 30 $11,500

2.8 - Monthly Construction
Progress Reports 6 8 12 18 $4,610

2.9 - Safety 48 14 $10,700

2.10 - Submittal
Management and Review 9 10 12 $3,685

2.11 - Request for
Information (RFI)
Management and Review
20 20 12 $6,720

2.12 - Document
Management 32 80 28 $16,800

2.13 - Review Certified
Payrolls 6 10 12 $3,130
Task 2 Subtotals: $61,790 $12,220 $17,940 $0 $0 $0 $11,580 $103,530

9 PWCP 20-005, AVE J INTERCHANGE IMPROVEMENTS, PH II

construction
Tasks: Resident
Engineer/
Program
Manager:

Hourly Rate:
$185
Office
Engineer:

Hourly
Rate: $130
Assistant
Office
Engineer:

Hourly
Rate: $115
General Field
Observation:

Hourly Rate:
$110
Geotechnical
Inspection:
(L.S.):

Construction
Staking:
(L.S.):

Clerical &
Admin:

Hourly
Rate:
$60
Sub Task
Sub Total
TASK 3 -
Construction
Inspection Services

3.1 - Inspection and
Documentation
48 28 1160 L.S.
($8,500.00)
$145,560

3.2 - Material
Testing,
Construction
Testing & Quality
Assurance Program
(QAP)

*
SEE A
($18,040.00)
$18,040

3.3 - Review and
Maintain” As
Constructed
Schedule”
16 12 16 18 $7,440

3.4 - Maintain
Photographic and
Video Records of
Construction
Progress
12 18 20 18 $7,940

3.5 - Review and
Maintain “As Built”
Drawings
20 12 10 $6,410

3.6 - Final
Inspection and
Punch List
9 12 3 $3,405

3.7 - Final
Acceptance-Punch
List Assistance
6 7 3 $2,200
Task 3 Subtotals: $11,655 $14,170 $8,510 $127,600 $18,040 $8,500 $2,520 $190,995

10 PWCP 20-005, AVE J INTERCHANGE IMPROVEMENTS, PH II

construction
Tasks:

Resident
Engineer/
Program
Manager:

Hourly Rate:
$185
Office
Engineer:

Hourly
Rate: $130
Assistant
Office
Engineer:

Hourly Rate:
$115
General
Field
Observation:

Hourly Rate:
$110
Geotechnical
Inspection:
(L.S.):

Construction
Staking: (L.S.):

Clerical &
Admin:

Hourly
Rate: $60
Sub Task
Sub Total
TASK 4 -
Construction
Closeout
Activities

4.1 -
Contract
Closeout
16 12 9 $5,060

4.2 - Project
As-Built
Drawings
12 9 $3,390

4.3 - Final
Payment,
Final Report
of
Expenditure
Checklist
16 9 6 $4,490

4.4 - Audit
Support T & M AS NEEDED (Cost TBD)
Task 4
Subtotals: $8,140 $3,900 $0 $0 $0 $0 $900 $12,940
Total: $104,710 $37,700 $29,440 $127,600 $18,040 $8,500 $20,520 $346,510

Notes:

A. See attached Geotechnical proposal.

(RFQ 739-21) ON CALL CM & INSPECTION
August 28, 2021
RE: FEE RATE - ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE TERM OF JULY 2021 TO JUNE 2023
We appreciate to have been selected as part of the City’s construction management and inspection team. DMR Team, Inc. (DMR), is pleased to submit our consulting team’s fee rate below as requested.

Our team of professionals stands ready and eager to assist the City of Lancaster with its construction management needs. Should you have any questions, please don’t hesitate to contact the undersigned.

Respectfully,
Sam Talebian
Sam Talebian, PE, MSCE, A-Lic. Engineering Contractor
President
9536 Topanga Canyon Blvd.

Chatsworth, CA 91311
(310) 384-5575
Function Hourly Rate
Resident Engineer/
Program Manager $185.00
Office Engineer $130.00
Assistant Office Engineer $115.00
Concrete, Masonry, Rebar,
Epoxy, Anchor Bolt, Wood
Framing Inspections
$120.00
Structural steel, Deputy
Welding, Erection, Bolting,
Plant Fabrication
Inspections
$120.00
General Field Observation $110.00
Geotechnical, Soils &
Material Testing
Cost + 10% Admin Fee
(See Attached Sladden Engineering Fee Rate)
Clerical & Admin $60.00
DocuSign Envelope ID: D079F3E8-67BD-4FFD-AEF8-32AE7E9CC840 Sladden Engineering
● Indio ● Beaumont ● Buena Park 2021-Schedule of Fees rev 20.4 45090 Golf Center Parkway, Suite F, Indio, California 92201 (760) 863-0713 6782 Stanton Avenue, Suite C, Buena Park, CA 90621 (714) 523-0952 450 Egan Avenue, Beaumont, CA 92223 (951) 845-7743 Fax (951) 845-8863 www.sladdenengineering.com
2021 SCHEDULE OF FEES

GENERAL SCOPE OF SERVICES
Sladden Engineering provides professional services in the field of soil mechanics, geology, foundation design and earthwork engineering in accordance with generally accepted practices at the time of service. No warranty, either expressed or implied, is granted as a part of the performance of our work. Sladden Engineering does not provide services related to construction safety and shall be held harmless from any liability related to safety issues.

In the event that the client requests termination of work prior to completion, we reserve the right to complete (at the client's expense) any analysis or testing considered necessary to complete our records and protect our professional reputation.

PROFESSIONAL SERVICES
Principal Engineer/Geologist ......................................................................... $200.00 per hour Principal Engineer/Geologist (Expert Witness) ............................................. $300.00 per hour Project Engineer/Geologist ........................................................................... $150.00 per hour Staff Engineer/Geologist ................................................................................ $120.00 per hour

TESTING AND INSPECTION SERVICES
Soil Technician ............................................................................................... $95.00 per hour Senior Soil Technician ................................................................................. $100.00 per hour Soil Technician – Prevailing Wage ............................................................... $115.00 per hour Deputy Grading Inspector ............................................................................... $99.00 per hour Special Inspection ............................................................................................ $95.00 per hour Special Inspection – Prevailing Wage ........................................................... $120.00 per hour Administration/Secretarial ................................................................................ $75.00 per hour Report Preparation ......................................................................................... $95.00 per hour Travel Time ..................................................................................................... $95.00 per hour TESTING AND INSPECTION SERVICES (NIGHTS* AND WEEKENDS)
Soil Technician ....................... .................................. ....................................... $142.50 per hour Soil Technician – Prevailing Wage ................................................................. $172.50 per hour Special Inspection ................. .................................. ....................................... $142.50 per hour Special Inspection – Prevailing Wage................................ ............................. $180.00 per hour Deputy Grading Inspector ............................................................................. $148.50 per hour Travel Time ................................................................................................... $142.50 per hour *5:00PM – 7:00AM
** Sunday and Holidays Double Time
Minimum Charges: A minimum of two hours will be charged for field testing and show up time even if no testing is performed. Reimbursable expenses incurred will be billed at cost plus 15%.

Cancellation Charges: A minimum of four hours at the applicable billing rate will be charged for cancellations received within 12 hours of scheduled testing/inspection.

Prices are subject to change without notice.

Any increase to the Statewide general prevailing wage determination will be added to the above listed prevailing wage rate.

DocuSign Envelope ID: D079F3E8-67BD-4FFD-AEF8-32AE7E9CC840 Sladden Engineering
● Indio ● Beaumont ● Buena Park 2021-Schedule of Fees rev 20.4

LABORATORY TESTING (ASTM / CALTRANS) & FIELD SERVICES
Maximum Density/Optimum Moisture (ASTM 1557 - Method A) ................... $150.00 per test Maximum Density/Optimum Moisture (ASTM 1557 - Method C) ................... $175.00 per test Maximum Density/Optimum Moisture (California Impact) ............................. $175.00 per test Maximum Density/Theoretical (Reis Method) ................................................ $125.00 per test Sieve Analysis (without 200 wash) ............................................................... $100.00 per test Sieve Analysis (with 200 wash) ..................................................................... $120.00 per test Expansion Index (UBC 18-2) ......................................................................... $135.00 per test R-Value Determination ................................................................................... $275.00 per test Sand Equivalent (Average of three) ............................................................... $110.00 per test Liquid Limit .....................................................................................................$75.00 per test Plastic Limit ....................................................................................................$75.00 per test Plasticity Index (Liquid limit & Plastic limit) ................................................... $140.00 per test Direct Shear Test .......................................................................................... $225.00 per test Marshall Max A/C/HVEEM Max ..................................................................... $180.00 per test Soluble Sulfate Content Determination ..........................................................$60.00 per test Resistivity Testing ............................................................................................$85.00 per test Corrosion Series Determination ..................................................................... $160.00 per test Asphalt Extraction Gradation ......................................................................... $185.00 per test Concrete, Grout, Mortar Compression Tests……………………………………$35.00 per test Core and Shotcrete Compression Tests ........................................................$35.00 per test Lab Technician Sample Preparation ............................................................. $95.00 per hour Excavator with Operator ................................................................................. $150.00 per hour DocuSign Envelope ID: D079F3E8-67BD-4FFD-AEF8-32AE7E9CC840 On-Call Construction Management Inspection Services (Reference RFQ 739-21) SR-138 (SR-14) Avenue J Interchange Improvement Phase II (Reference PWCP 20-005) Exhibit 3-B, Page 1 of 1
TASK
NO. DESCRIPTION
EST
QTY

UNIT UNIT
PRICE$
TOTAL
PRICE$

1. Preparation and Submittal of the
revised Quality Assurance Plan (QAP)
including the projects specifice Source
Inspection Quality Management Plan
(SIQMP)
1 LS $12,000.00 $12,000.00

2. Implementation and Inspection
Requirements of the SIQMP for the
Avenue J Project.
1 LS $188,000.00 $188,000.00
$200,000.00
Two Hundred Thousand Dollars
EXHIBIT 3-B: FEE SCHEDULE*

TOTAL COST NOT TO EXCEED

TOTAL COST AMOUNT WRITTEN IN
*Payment shall be considered full compensation for furnishing all labor, equipment, materials and incidentals for performing Construction Management and Inspection Services as required in Exhibit 1-B. No separate payments shall be made for hourly rates, minimums, travel/mileage, subconsultants, outside services, preparation, per diem, reviews/signature, postage/freight, reproduction, etc.; unit prices as shown on EXHIBIT 3 shall be all-inclusive. ** H
ours are for progress tracking purposes only. This is a lump sum not to exceed contract to provide services as described in Exhibit 1, complete. Additional hours and associated costs will only be considered for change in scope and must be authorized in writing prior to expenditure.

On-Call Construction Management Inspection Services (Reference RFQ 739-21) SR-138 (SR-14) Avenue J Interchange Improvement Phase II (Reference PWCP 20-005) Exhibit 3-C, Page 1 of 1
TASK
NO. DESCRIPTION
EST
QTY

UNIT UNIT
PRICE$
TOTAL
PRICE$

1. Continued Construction Management
Services
1 LS $56,595.00 $56,595.00

2. Continued Construction Inspection
Services
1 LS $174,720.00 $174,720.00

3. Continued Construction Closeout
Activities
1 LS $12,940.00 $12,940.00

4. Continued Implementation and
Inspection Requirements of the
SIQMP for the Avenue J Project.
1 LS $150,000.00 $150,000.00
$394,255.00
EXHIBIT 3-B: FEE SCHEDULE*

TOTAL COST NOT TO EXCEED

TOTAL COST AMOUNT WRITTEN IN
*Payment shall be considered full compensation for furnishing all labor, equipment, materials and incidentals for performing Construction Management and Inspection Services as required in Exhibit 1-B. No separate payments shall be made for hourly rates, minimums, travel/mileage, subconsultants, outside services, preparation, per diem, reviews/signature, postage/freight, reproduction, etc.; unit prices as shown on Exhibit 3 shall be all-inclusive. ** H
ours are for progress tracking purposes only. This is a lump sum not to exceed contract to provide services as described in Exhibit 1, complete. Additional hours and associated costs will only be considered for change in scope and must be authorized in writing prior to expenditure.

Three Hundred Ninety-Four Thousand
Two Hundred Fifty-Five Dollars
On-Call Construction Management Inspection Services (Reference RFQ 739-21) SR-138 (SR-14) Avenue J Interchange Improvement Phase II (Reference PWCP 20-005) Exhibit 3-D, Page 1 of 1
TASK
NO. DESCRIPTION
EST
QTY

UNIT UNIT
PRICE$
TOTAL
PRICE$

1. Continued Construction Management
Services
1 LS $89,755.00 $89,755.00

2. Continued Construction Inspection
Services
1 LS $245,775.00 $245,775.00

3. Continued Construction Closeout
Activities
1 LS $32,175.00 $32,175.00

4. Continued Implementation and
Inspection Requirements of the
SIQMP for the Avenue J Project.
1 LS $240,000.00 $240,000.00
$607,705.00
EXHIBIT 3-D: FEE SCHEDULE*

TOTAL COST NOT TO EXCEED

TOTAL COST AMOUNT WRITTEN IN
*Payment shall be considered full compensation for furnishing all labor, equipment, materials and incidentals for performing Construction Management and Inspection Services as required in Exhibit 1-D. No separate payments shall be made for hourly rates, minimums, travel/mileage, subconsultants, outside services, preparation, per diem, reviews/signature, postage/freight, reproduction, etc.; unit prices as shown on Exhibit 3 shall be all-inclusive. ** H
ours are for progress tracking purposes only. This is a lump sum not to exceed contract to provide services as described in Exhibit 1, complete. Additional hours and associated costs will only be considered for change in scope and must be authorized in writing prior to expenditure.

Six Hundred Seven Thousand
Seven Hundred Five Dollars
(RFQ 739‐21) ON CALL CM & INSPECTION
March 14, 2025
RE: FEE RATE ‐ EXTENSION OF CM & I, AND SOURCE INSPECTION BUDGET PWCP 20‐005, Ave J Interchange Improvements Project
As requested, please find the following budget extension request for Construction Management and Inspection, as well as source inspection. The proposed budgets are based on the projected construction completion time of December 30, 2025.

The current CM & I budget for DMR, and source inspection for our subcontractor Earth Systems, was established based on revised completion time of March 15, 2025. Discovery of the proposed storm drain system profile conflict with the existing utilities has required modifications to the project design that is expected to push the completion time to December 30, 2025.The projected budget amendment required to take the project through the completion time of December 30, 2025, is shown below. In our projection we have forecasted Earth System utilization for source and specialty inspection to finish by November 30, 2025.
(RFQ 739‐21) ON CALL CM & INSPECTION
Task
s:

Resident
Engineer
/
Program
Manager
: Hourly
Rate:
$185
Office
Enginee
r
: Hourly
Rate:
$130
General Field
Observation:

Hourly Rate:
$110
Clerical &
Admin:

Hourly
Rate:
$60
Sub Total
Task 2: ‐
Construction
Management
Services

2.2 ‐
Communications and
Correspondence
60 25 15 $15,2
50 2.3 ‐ Project Changes and
Construction Change
Order Management 45 30 20 $13,4
25 2.4 ‐ Monthly
Construction
Progress Reports
60 15 30 $14,8
50 2.5 ‐ Schedule Monitoring 30 15 8 $7,98 0

2.6 ‐ Cost Monitoring 30 15 8 $7,98 0

2.7 ‐
Progress/Coordination
Meetings
45 30 30 $14,0
25 2.10 ‐ Submittal
Management and
Review
22 12 $5,63
0 2.11 ‐ Request for
Information (RFI)
Management and Review 35 30 4 $10,6
15 Task 2 Subtotals: $60,495 $22,360 $0 $6,900 $89,755.00 (RFQ 739‐21) ON CALL CM & INSPECTION
Tasks: Resident
Engineer/
Program
Manager: Hourly
Rate:
$185
Office
Engineer:

Hourly
Rate:
$130
General Field
Observation:

Hourly Rate:
$110
Clerical &
Admin:

Hourly
Rate:
$60
Subtotal
TASK 3 ‐
Construction
Inspection
Services

3.1 ‐ Inspection
and
Documentation
55 45 1620 $194,225

3.3 ‐ Review
and Maintain”
As Constructed
Schedule”
50 30 25 $14,6
50 3.4 ‐ Maintain
Photographic
and Video
Records of
Construction
Progress
70 80 25 $24,8
50 3.5 ‐ Review
and Maintain
“As Built”
Drawings
30 50 $12,0
50 Task 3
Subtotals: $37,925 $26,650 $178,200 $3,000 $245,775.00 (RFQ 739‐21) ON CALL CM & INSPECTION
Task
s:

Resident
Engineer/
Program
Manager:

Hourly Rate:
$185
Office
Engineer:

Hourly
Rate:
$130
General Field
Observation:

Hourly Rate:
$110
Clerical
&
Admin:

Hourly
Rate:
$60
Sub Total
TASK 4 ‐
Construction
Closeout
Activities

4.1 ‐
Contract
Closeout
40 25 15 $11,550

4.2 ‐ Project
As‐Built
Drawings
25 15 $6,575

4.3 ‐ Final
Payment,
Final Report
of
Expenditure
Checklist
50 30 15 $14,050

4.4 ‐ Audit
Support
Task 4
Subtotals: $21,275 $9,100 $0 $1,800 $32,175
Total DMR: $ 367,705
Specialty &
Source
Inspection
T & M AS NEEDED, forecasted for 8 months at $30,000 based on the average level of effort utilized so far $240,000 Total Earth
Systems
$240,000
GRAND TOTAL $607,705.00
Our team of professionals stands ready and eager to assist the City of Lancaster with its construction management needs. Should you have any questions, please don’t hesitate to contact the undersigned.

Respectfully,
Sam Talebian, PE, MSCE, A & B‐Lic. Contractor
President
9536
Topanga Canyon Blvd.

Chatsworth, CA 91311
(310) 384‐5575

On-Call Construction Management Inspection Services (Reference RFQ 739-21) SR-138 (SR-14) Avenue J Interchange Improvement Phase II (Reference PWCP 20-005) Exhibit 3-E, Page 1 of 1
TASK
NO. DESCRIPTION FEE

1. Continued Construction Management
Services
$40,300.00

2. Continued Construction Inspection
Services
$52,695.00

3. Continued Construction Closeout
Activities
$38,320.00

4. Continued Implementation and
Inspection Requirements of the
SIQMP for the Avenue J Project.
$28,000.00
$159,315.00
** These services will be completed on a time and materials basis as items are requested by the City as described in Exhibit 1, complete. Hours are for payment of services. This is a time and material not to exceed contract. Additional hours and associated costs must be authorized in writing prior to expenditure.

EXHIBIT 3-E: PAYMENT AND FEES *
TOTAL COST**

TIME AND MATERIALS NOT TO EXCEED
Three Hundred and Fifteen Dollars and Zero Cents
* In support of Exhibit 3, Consultant shall provide and submit with their proposal, a Fee Grid. The Fee Grid shall be itemizied by Task and shall list Personnel, Hours**, Rates and any other costs.

One Hundred Fifty Nine ThousandTOTAL COST AMOUNT WRITTEN IN WORDS

(RFQ 739-21) ON CALL CM & INSPECTION
December 4, 2025

RE: EXTENSION OF CM & I, AND SOURCE INSPECTION BUDGET PWCP 20-005, Ave J Interchange Improvements Project

As discussed, a review of the project construction schedule, as well as Construction Management and Inspection, including source inspection budgets was conducted to establish the associated budgetary needs for completion of the project. Discovery of 3 additional storm drain conflicts at 3 different storm drain systems, multiple fiber optic and electrical line profile issues; as well as resolution of design inconsistencies for Avenue J ramp geometry, width of the JPCP, and scheduling coordination with the neighboring Caltrans project on the FWY has required additional efforts that have depleted the budget earlier than it was forecasted. After the billing for the month of September, the CM & I budget would be exhausted.

The projected budget amendment required to take the project through the completion time of December 20, 2025, is shown herewith. Since the major improvements are installed or in process, there are no other unforeseen conditions that can be forecasted to impact the CM & I efforts beyond what is shown. Additionally, the slope failure caused by Caltrans project lack of proper temporary and permanent BMP on Ave J Offramp is going to be handled at a later date after geotechnical recommendations for the repair are provided by KH/EMI.As instructed, we have assumed that field inspection will be provided by the City, while we have included the associated material testing and construction management efforts in this proposal. Therefore, the projection below to provide for the necessary CM & I budget for DMR, and Source & Specialty inspection budget for Earth Systems for completion of the project is not expected to be exceeded to close out the construction activities.

(RFQ 739-21) ON CALL CM & INSPECTION

Tasks:

Resident
Engineer
/
Program
Manager
: Hourly
Rate:
$185

Office
Engineer
: Hourly
Rate:
$130
Assistan
t Office
Engineer
: Hourly
Rate:
$115
General
Field
Observatio
n: Hourly
Rate: $110
Clerical
&
Admin:

Hourly
Rate:
$60
Sub Task
Sub Total
Task 2: -
Construction
Management
Services

2.2 -
Communications and
Correspondence
50 10 5 $2,500

2.3 - Project Changes
and Construction
Change Order
Management
18 12 8 $3,620

2.4 - Monthly
Construction
Progress Reports
18 6 8 $3,775

2.5 - Schedule
Monitoring 12 6 2 $2,120

2.6 - Cost Monitoring 24 6 2 $2,120

2.7 -
Progress/Coordinatio
n Meetings
50 10 8 $3,740
Task 2 Subtotals: $31,824 $6,500 $0 $1,980 $40,300.00

(RFQ 739-21) ON CALL CM & INSPECTION
Tasks: Resident
Engineer/
Program
Manager:

Hourly
Rate:
$185
Office
Engineer:

Hourly
Rate:
$130
Assistant
Office
Engineer:

Hourly
Rate:
$115
General
Field
Observation:

Hourly Rate:
$110
Clerical
&
Admin:

Hourly
Rate:
$60
Sub Task Sub
Total
TASK 3 -
Construction
Inspection
Services

3.1 - Inspection
and
Documentation
20 380 $44,400

3.3 - Review
and Maintain”
As Constructed
Schedule”
12 10 5 $3,820

3.4 - Maintain
Photographic
and Video
Records of
Construction
Progress
5 25 5 $4,475
Task 3
Subtotals: $3,145 $7,150 41,800 $600 $52,695.00

(RFQ 739-21) ON CALL CM & INSPECTION
Tasks:

Resident
Engineer/
Program
Manager:

Hourly
Rate:
$185
Office
Engineer:

Hourly
Rate:
$130
Assistant
Office
Engineer:

Hourly
Rate:
$115
General
Field
Observation:

Hourly Rate:
$110
Clerical
&
Admin:

Hourly
Rate:
$60
Sub Task
Sub Total
TASK 4 -
Construction
Closeout
Activities

4.1 -
Contract
Closeout
45 35 8 $13,355

4.2 - Project
As-Built
Drawings
45 30 $12,225

4.3 - Final
Payment,
Final Report
of
Expenditure
Checklist
50 25 4 $12,740
Task 4
Subtotals: $25,900 $11,700 $0 $0 $720 $38,320
Total DMR: $131,315

Specialty &
Source
Inspection
T & M AS NEEDED $28,000
Total Earth
Systems
$28,000

GRAND TOTAL $159,315.00

Respectfully,
ftÅ gtÄxu|tÇ
Sam Talebian, PE, MSCE, A & B-Lic. Engineering Contractor President
9536 Topanga Canyon Blvd.

Chatsworth, CA 91311
(310) 384-5575
For use with Licenses, Permits, POs, and RFPs
California Levine Act Statement
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Lancaster official from participating in any action related to a contract or application if he or she receives any political contributions totaling more than $250 within the previous twelve months, and for twelve months following the date a final decision is rendered.

The Levine Act also requires a Lancaster City official who has received such a contribution to disclose the contribution on the record of the proceeding.

Current Lancaster City Council Members are listed at:
https://www.cityoflancasterca.org/government/city-officials/city-council-copy Current Planning Commissioners are listed at:
https://www.cityoflancasterca.org/government/commissions-appointments/planning Proposers are responsible for accessing this link to review the names prior to answering the following questions.

1. Have you or your company, or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $250 to any Lancaster City Council Member or other city official in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action?
YES If yes, please identify the Council Member(s)/city official(s):

2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $250 to any Lancaster City Council Member or other city official in the 12 months following any Council action related to your proposal or application? YES If yes, please identify the Council Member(s) /city official(s):

NO (Please note that if this is a contract lasting more than one (1) year that you must update this form if there are any contributions made after the contract is awarded) Answering yes to either of the two questions above does not preclude the Lancaster City Council from awarding a contract or approving an application or any subsequent action. It does however, preclude the identified Council Member (s) from participating in any actions related to your proposal or application. _________________ _____________________________
Date Signature of authorized individual
_____________________________
Company/Applicant Name
X
X
1/6/2026
DMR Team Inc.

STAFF REPORT
City of Lancaster
CC 8
3/24/2026
TN
Date: March 24, 2026
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director - Public Works
Nicholas Godin, Assistant Director – PW City Engineering Subject: Extension of Safe Routes to School Community Engagement Program Services Contract (Request for Proposal No. 797-24)
Recommendation:

Approve the extension of the professional services agreement with Antelope Valley Partners for Health (AVPH) of Lancaster, California, from June 30, 2026, to August 31, 2027, for an additional amount of $225,411.00, ($846,261.00 total contract value), for professional services to provide community engagement services to support an active transportation safety non-infrastructure project that focuses on students K-12.

G.C. Section 84308: No
Fiscal Impact:

There is no fiscal impact. Local funds were allocated upon the acceptance and appropriation of the Active Transportation Program (ATP) grant funds from the California Department of Transportation (DOT) for the Safe Routes to School (SRTS) Refresh, Rebuild, Recruit, Sustain non-infrastructure program on October 24, 2023.

Background:

In 2022, the City submitted the application, SRTS Refresh, Rebuild, Recruit, Sustain, to the ATP, Cycle 6, as a result of the community feedback received during the process of refreshing its SRTS Master Plan (2021-2022), as it relates to Lancaster’s public elementary and middle schools.

SRTS Refresh, Rebuild, Recruit, Sustain is an overarching non-infrastructure project that will enlist the expertise and resources of a local community-based organization to serve as Lancaster's SRTS Coordinator, to recruit and train the cadre of local volunteers needed to champion SRTS in the neighborhoods, and staff the various education and encouragement programs needed to reestablish 2 3
2 6
active and healthy habits after three years of disruption. It also builds and markets the City’s national award-winning See And Be Seen program, which includes active transportation-themed Science, Technology, Engineering, Arts, and Mathematics (STEAM) lessons in webinar format, with downloadable supporting materials for teachers and family-based activities.

The City received the Allocation Notification letter from the DOT on July 28, 2023. The Request for Proposals from community-based/non-profit organizations wishing to provide community engagement services to support this program was posted to the City’s website and Public Purchase on August 29, 2023, with a due date of September 12, 2023. One proposal was received from AVPH. A staff review committee evaluated the proposal and deemed it both responsive and highly qualified. AVPH is a long-standing partner with the City on transportation safety projects and programs, including the community engagement conducted for both the original and recently updated SRTS Master Plan, as well as the See And Be Seen program.

AVPH began working with the Lancaster school districts in the spring of 2024 to coordinate the program's launch at the start of the 2024-2025 school year. Since that time, the AVPH team has had great success delivering the project; and stakeholders have expressed interest in extending it as long as possible. Based on current budget projections, AVPH and City staff determined that, with some scope modifications to the project budget, the project can be extended through the 2026- 2027 school year. Using these calculations, City staff secured DOT approval for this scope modification on February 2, 2026.

For these reasons, City staff requests that the City Council extend the project contract with AVPH to support its continuation through the 2026-2027 school year, ending on August 31, 2027.

NG/cvh
Attachment:

Acknowledgement Letter from AVPH

Mailing Address | 4083 W. Ave L #370, Lancaster, CA 93536 | (661) 942-4719 | www.avph.org Community Collaborative Promoting Health and Wellness

Date: February 4, 2026

Candice Vander Hyde
The City of Lancaster
44933 Fern Avenue
Lancaster, California 93534.

To the Whom it May Concern,

This acknowledgment confirms the mutual agreement between City of Lancaster and Antelope Valley Partners for Health regarding modifications to the original budget and an extension to the project timeline.

Project Name: ATP Safe Routes to School
Original Agreement Date: October 25, 2023 – June 30, 2026 Original Budget Amount: $620,850.00

New Agreement Date: October 25, 2023 – August 31, 2027
New Budget Amount: $846,261.00

Thank you for your partnership and support of our mission.

Sincerely,

Michelle Fluke
Executive Director
Antelope Valley Partners for Health

For use with Licenses, Permits, POs, and RFPs

California Levine Act Statement
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Lancaster oﬃcial from participating in any action related to a contract or application if he or she receives any political contributions totaling more than $250 within the previous twelve months, and for twelve months following the date a ﬁnal decision is rendered.

The Levine Act also requires a Lancaster City oﬃcial who has received such a contribution to disclose the contribution on the record of the proceeding.

Current Lancaster City Council Members are listed at:
https://www.cityoﬂancasterca.org/government/city-oﬃcials/city-council-copy

Current Planning Commissioners are listed at:
https://www.cityoﬂancasterca.org/government/commissions-appointments/planning

Proposers are responsible for accessing this link to review the names prior to answering the following questions.

1. Have you or your company, or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $250 to any Lancaster City Council Member or other city oﬃcial in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action?

YES If yes, please identify the Council Member(s)/city oﬃcial(s):

2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $250 to any Lancaster City Council Member or other city oﬃcial in the 12 months following any Council action related to your proposal or application?

YES If yes, please identify the Council Member(s) /city oﬃcial(s):

NO (Please note that if this is a contract lasting more than one (1) year that you must update this form if there are any contributions made after the contract is awarded)

Answering yes to either of the two questions above does not preclude the Lancaster City Council from awarding a contract or approving an application or any subsequent action. It does however, preclude the identiﬁed Council Member (s) from participating in any actions related to your proposal or application.

_________________ _____________________________
Date Signature of authorized individual

_____________________________
Company/Applicant Name
02/03/26
Michelle Fluke, Antelope Valley Partners for Health

STAFF REPORT
City of Lancaster
CC 9
3/24/2026
TN
Date:March 24, 2026
To: Mayor Parris and City Council Members
From:Patti Garibay, Director - Community Development
Becky Bartlett, Manager – Housing
Subject:Amendment No. 1 to Agreement with LDM Associates, Inc. to Assist in the Administrative Services for the HOME- American Rescue Plan Project Recommendation:

1. Approve Amendment No. 1 to Professional Services Agreement with LDM Associates, Inc. (LDM) to assist in the Administrative Services for the HOME- American Rescue Plan (ARP) Application Plan and Policies until the project is completed.

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

G.C. Section 84308: No
Fiscal Impact:

An amount of $89,964 was originally awarded under the initial agreement and appropriated in account 30022000.5656 HOME-ARP .MISCGRANT. Of this amount, $9,972.13 has been expended to date, leaving a remaining balance of $79,991.87. The proposed amendment will extend the agreement term to allow the remaining funds to be utilized for continued program administration until project activities are completed. No additional funds are being requested.

Background:

City of Lancaster qualified for an annual HOME Program allocation for Fiscal Year (FY) 2021 and received HOME-ARP funds through the American Rescue Plan Act to address homelessness and housing instability among vulnerable populations. Eligible populations include individuals and families who are homeless, at risk of homelessness, fleeing domestic violence or human trafficking, veterans and their families meeting these criteria, and other populations at greatest risk of housing instability. HOME-ARP funds may be used for activities including the 2 3
2 8
development or preservation of affordable housing, tenant-based rental assistance, supportive services, and the development or acquisition of non-congregate shelter.

The City’s original HOME-ARP allocation was $2,450,524.00. During recent quality control efforts, the U.S. Department of Housing and Urban Development (HUD) identified an administrative error that resulted in the City being under-allocated by $3,662.00. HUD has corrected the error, increasing the City’s total HOME-ARP award to $2,454,186.00.

Since 2022, the City has utilized LDM as a consultant to assist with the administration and compliance requirements of the HOME-ARP program. LDM is familiar with HUD regulations and the City’s policies and has provided ongoing support to ensure proper program administration and compliance. The proposed amendment will allow LDM to continue providing these services under the revised funding amount.

BB/ah
Attachment:

Amendment No. 1 for Professional Consulting Services LDM Administration of HOME ARP Program
Rev 1/2019
AMENDMENT NO. 1 FOR PROFESSIONAL CONSULTING SERVICES
This Amendment (“Amendment No. 1”) is hereby entered into effective _______ ___, 2026 by and between the City of Lancaster, a Municipal Corporation, in the State of California, and LDM Associates, Inc., a California Corporation (“CONTRACTOR”) with respect to the Professional Services Agreement dated March 2, 2022 between the Parties.

The Parties agree as follows:

1. The “Term; Effective Date” is amended to be in effect until the project is completed (SEPTEMBER 30, 2030), unless the Agreement is sooner terminated in accordance with this Agreement.

2. All other terms and provisions of the Agreement are hereby reaffirmed.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.

CITY OF LANCASTER LDM ASSOCIATES, INC.
_______________________ _______________________________ Trolis Niebla, City Manager Rudy Munoz, Senior Executive Vice President
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney RM APPROVED

DEPARTMENT HEAD APPROVAL
Department Director
Rev 1/2019

Exhibit A
Scope of Services

Docusrgn Envelope lD FgAsFA9A-A42F -42F4-82AF-0FBAC7A79CDg THIS PROFESSIONAL SERVICES AGREEMUNl' (hereinafter "Agrccment") is made and entered into as of this 2'd day of March, 2022, by and between CITY OF LANCASTER. a municipal corporation and Charter City, (hereinalier referred to as "City") and LDM Associates. lnc., a California Corporation. (hereinafter referred to as "Consultant"). City and Consuhant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the "Parties."

RECITALS
NOW. THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as tbllows:

I SERVICESOF'CONSULTANT
l.l. Scone ofServices. Consultant shall provide the Services described in the Scope of Services, subject to the terms and conditions ol'this Agreement. Consultant acknowledges that lunds awarded to City under the IIOME progranr will be used to pay forthc Services. Consuhant services are funded bytheCityof Lancaster's IIOME (CFDA 14.239) grant programs. Contractor agrees to and shall provide the Services in accordance with all applicable HOME program regulations, including Pan 92 of Title 24 of the Code of Federal Regulations. lf HOME program funds will be used to fund only a certain portion ofthc Services. those Services shall be designated or identified on thc Scopc ofServices.

CI'fY OI] I,AN('AS]'ER
ITEQIJEST t:OIt I'ttOI'OSAt_ 757-22
PI{oF-I.]SSIONA I, SI]ITV IC' I]S AGItEEM EN1'
A. City has determined that there is a need lbr a HOME - American Rescue Plan (ARP) Allocation Plan and Policies,/Procedures Manual, (hereinafler the "Projcct").

B. Consultant has submitted to City a proposal to provide certain professional services ("Services") related to the Project, as more particularly described in the Scope ofServices. located on page 9 ofthc Consultant's Proposal, which is attachcd hcreto as Exhibit "A" and incorporated herein ("Scope of Services") for the Project.

C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide the Services and agrees to provide the Services pursuant and subject to the terms and conditions ofthis Agreement.

D. The term ("Term") of this Agreement is one ( l) year, commencing on March 2"d.2022.

Consultant is subject to the requircments in 24 CFR Part 92 that are applicable to the City, except d92.505 (Uniform Administrativc Requirements) and 992.506 (Audit) do nol apply, and Consultant cannot assume the participating jurisdiction responsibilities for environmental review. decision making. and action under \92-352- Consultant is responsible for providing services in accordance with 92.350 Other Federal requirements and nondiscrim ination.

92.351 Affimative marketing; minority outreach program: 92.353 Displacement. relocation, and I
Docusron Envelope lD F9A5F89&A42F-42F4-82AF-0FBAC7A79CD9 acquisition; 92.355 Lead-based paint; and 92.356 Conflict of Interest. lf the scope of work includes administration ofTBRA or rental housing and City requires Consultant to be responsible for any notice obligations and any obligations under the emergency transfer plan, the VAWA requirements under $92.359 shall apply.

Consultant represents and warrants to City that Consultant is a provider of first- class work and professional services, and thal Consultant is experienced in performing the Scrvices contemplated herein and, in light ofsuch status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Services required hereunder. For purposes ofthis Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced professionals performing similar work under similar circumstances.

Project deliverables shall be reviewed and approved by City to determine acceptable completion. City shall have the right to review and inspect the Services during the course of its performance at such times as may be determ ined by City. 1,2. Contract flocuments. This Agreement consists of and incorporates all of the following (which are collectively rel'errcd to as the "Contracl Documents"): (l) this Agreement (including all exhibits): (2) City's Reques( for Proposals; and (3) Consultant's signed. original proposal submitted to Cit)' ("Consultant's Proposal"). All provisions ofthe Contract Documents shall be binding on thc Parties. Should any conflict or inconsistency exist between or anrong Contract Documents. the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document. which shall be determined in the following order of priority: ( I st) the provisions ofthe Scope of Senices; (2nd) the provisions of City's Request for Proposal; (3rd) the provisions of this Agreemen(: and, (4th) the provisions ofConsultant's Proposal.

1.3. Comnliance with Law. Consultant represents and warrants to C ity that all Services rendercd hereunder shall bc pcrfornred in accordance with all applicablc fbderal, state, and local laws. stalutes. and ordinances and all lawful orders, rules. and regulations promulgated thereunder.

1.4. @. Consuhant rcprcsents and warrants to
City that it has obtained all licenses (including a City Business License), permits, qualilications. and approvals of whatever nature that arc legally required to practice its profession and perlbrm the Scrvices required by this Agrcemcnt. Consultant represents and warrants Io City that Consultant shall, at its sole cost and expcnsc. keep in etlect at all times during the term ol'this Agreement, any license. permit. qualilication. or approval that is legally required lbr Consultant Io perform the Services under this AgrecmBnt. Consultant shall have the solc obligation to pay for any fees. assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant's perfonnance ofthe Services required by this Agreement. and shall indemnify, def'end, and hold harmlcss City against any such t'ees. assessments. taxes, penalties. or interest lcvied. assessed. or imposed against City hereunder.

1.5. Familiaritv r['ith Work. Consultant repre sents and waraants to C ity that Consu ltant (a) has thoroughly investigated and considered the Services to be performed. (b) has carefllly considered how the Scrviccs should be perfbrmed, and (c) lully understands the thcilities, )
DocuSign Envelope lD FgA5F898-A42F-42F4-82AF-0FBAC7A79CDg difficulties, and restrictions attending performance of the Services under this Agreement. If thc Services involve work upon any site. Consultant represents and warrants to City that Consul(ant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should Consultant discover any latent or unknown conditions that will materially atfect the performance of the Services hereunder, Consultant shall immediately inforrn City ofsuch fact and shall not proceed except at Consultant's risk until written instructions are received from City. l 6. CeEjf-lYjIX. Consultant shall adopt reasonable methods during the term of the Agreement to lurnish continuous protection to any site where the Services are performed and the equipment, materials, papers. documents, plans, studies, and/or other components thereof to prevent losses or damages. and shall be responsible for all such damages, to persons or property, until acceptance ofthe Services by City. except such losses or damages as may be caused by City's own negligence.

1.7. Further Resnonsibilities ofParties. The Parties agree to and shall use reasonable carc and diligence to pcrform their respective obligations under this Agreement. The Parties agree to and shall act in good lhith to execute all instruments, prepare alldocuments. and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. t.8. AdditiO6l-Sgfig9& City shall have the right at any time during the performance ofthe Services, without invalidating this Agreement. to order extra work beyond that spccificd in the Scope ofServices or nrakc changes by altering, adding to, or deducting liom the Scope of Services. No such extra work may bc undertaken unless a written order is first given by City to Consultant, incorporating therein any adjustment in (i) the Maximum Contract Amount. as dellncd belou and/or(ii) the time to perlbrm this Agreement, which adjustments are subject to the written approval of Consultant. Any increase in compensation of up to ten percent (10%) of the Maximum Contract Amount, as set tbrth in Section 2.1 of this Agreement, may be approved by the City Manager, or his or her dcsignee, as may be needed to perform any exlra work. Any increases. occurring either separately or cumulatively which exceed the City Manager's approval authority must be approved by the Lancaster City Council. lt is expressly understood by Consultant thal the provisions of this section shall not apply to Services specifically set forth in the Scope ofServices or reasonably contemplated therein. regardless of whether the time or materials required to complete any such Services exceeds any time or material amounls or estimates provided therein. 2 COMPENSATION

2.1. @ For the Services rendered pursuant lo this
Agreement, Consultanl shall be compensated by City in accordance with the Schedule of Compensation ("Schcdulc of Compcnsation"), located on page 28 ofthe Consultant's Proposal, which is attached hereto as Exhibit "B" and is incorporated herein: provided, however. that the amount paid to Colltractor undcr this Agrcem ent shall not exceed tlre amount ol- eighty-nine lhousand. ninc hrrnrlrcrl arrrl s xlv-four Dollars. (589.964.00 1 l"Maximunr ('ontract Arnount"). except as may be provided pursuant to Section 1.8 above. The method ofcompensation shall be as set forth in the Schedule of Conrpensation. Compensation for necessary expenditures lbr reproduction costs. telephone cxpenses, and transportation expenses must be approved in advance 3 DocuSign Envelope lD F9A5FA98.A42F 42F 4-82AF-0FBAC7A79C Dg by the Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance ofConsultant at all Project meetings reasonably deemed necessary by City. Consultant shall not be entitled to any increase in the Maximum Conlract Amount for attending such meetings. Consultant hereby acknowledges that it accepts the risk that the Services identified in the Scope of Services may be more costly and/or time-consuming than Consultant anticipates. that Consultant shall not be entitled to additional compensation theretbre. and that the provisions ofSection 1.8 shall nol be applicable to the Services identified in the Scope ofServices.

The Maximum Contract Amount shall be the maximum amount of City's payment obligations under this Agreement. lf the Maxinrum Contract Amount is reachcd before Consultant's Services undcr this Agreement are completed, Consultant shall nevertheless complete the Services without liability on City's parl for further payment.
2,2. Method of Pavment. Consultant shall submit to City, in a form approved by the Contract Officer. an invoice for Services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the Services perlormed by Consultant and accompanied by such reporting data including an itemized breakdorvn of all costs incurred and tasks performed during the period covered by the invoice, as may be required by City. City shall use reasonable efforts to make payments to Consultant within thirty (30) days after receipt ofthe invoice or a soon thereafter as is reasonably practical. There shall be a maximum ofone payment per month.

2.3. Chanses in Scone. ln the event any change or changes in the Scope of Services is requested by City or Consultant, the Parties shall execute a writlen amendment to Ihis Agreement seuing lbrth with particularity all terms of such amendment. including, but not limited to, any additional compensation. An amendment shall be entered into: (a) to provide lor revisions or modilications to documents or other work product or work when documents or other work product or u,ork is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide lbr additional serviccs not included in this Agreemenl or not customarily lurnished in accordance with generally accepted practice in Consultant's protbssion.

2.4. Apfppfietiq1!. This Agreement is subject to and contingent upon funds being appropriated thercfor by the Lancaster City Council for each fiscal year covered by this Agreement. If such appropriations are not made. this Agreement shall automatically terminate without penalty or any liability whatsoever to City.

3.1. IiUS-iLqI-lh$.$SnCe. Timc is of the essence in the performance of this Agreement. The tirne lbr completion olthe Services to be performcd by Consultant is an essential condition ofthis Agrcement. Consultant shall prosecute regularly and diligently the Services of this Ag,rcement according to the agreed upon Schedule of Performance described in Section 3.2.

3.2. lfXfddC-qL&f&IIilS,C. Consultant shall conrmence the Services pursuanl to this Agreement upon receipt of a written notice to proceed given by City, and shall perform all Services within one (l) year. When requestedrby Consultant, cxtensions 10 the time period(s) 3 SCIIEDT]I.E 0F PE RFORMANCE
OocuSign Envelope lD FgAsF89&A42F-42F4-82AF-0FBAC7479CDg

3.3. Force Maieure. The time period(s) specilied in the Schedule of Performanoe fbr performance ofthe Services rendered pursuant to this Agrcement shall be extended because ofany delays due to unforeseeable causes beyond the control and without (he fault or negligcnce of Consultant (financial inability cxccpted). including. but not limited to, acts ofCod or ofthe public enemy, unusually severe weather, fires, ea(hquakes. Iloods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acls ofany governmental agency. including City, if Consultant, within ten ( l0) days of the commcncement ol'such delay. notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and lhe extent of delay, and extend the time for perfbrming thc Services fbr the period of the enforced delay when and if in the judgment of the City Manager such dclay is justified. The City Managcr's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against City lbr any delay in the performance of this Agreement, however caused. Consultant's sole remedy being extension ofthe Agreement pursuant to this section.

3.4. fggjq. Unless earlier terminated as provided elsewhere in this Agreement. this Agreement shall commence upon the eft-ectivc date of this Agreemcnt and continue in full force and effect (br one ( I ) year for Scrviccs.

3.5. Terminalion Prior lo Exniralion of Tcrm. City may tcrminate this Agreement in lor its convcnience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Where lermination is due to the fault ol'Consuhant and constilutes an immediate danger to health, safety, and general welfarc, the period of notice shall be such shorter time as may be determined by City. Upon such notice. City shall pay Consultanl for Services performed through the date of termination. Upon rcceipt of such notice, Consultant shall immediately cease all work under this Agreement. unless stated otherwise in the notice or by written authorization ofthe Contract Officer. After such notice. Consultant shall have no furthcr claims against City under this Agreement. Upon termination of the Agreement under this section, Consultant shall submit to City an invoice lbr work and Services performed prior to the date of te rmination. Consultant may terminate this Agreement. with or withoul cause. upon sixty (60) days written notice to City, except thal u,here termination is due to material default by City. the period of noticc may be such shorter time as Consultant may detcrmine. 4 COORDINATION OF WORK

4.1. Renresentative of Consultant, The following representative of Consultant rs hereby designated as being the nrain point ofcontact ofConsultant authorized to act on its behalf with respect to the Services lo be perfomed under this Agreement and make all decisions in connection therewith: Rudy Munoz. lt is exprcssly understood that the experience. knowledge, cducation, capability, expertise, and reputation of the lbregoing representalive is a substantial inducemcnt fbr City trr enter into this Agreement. Thcrcfore. the foregoing representative shall be responsible during the term ol'lhis Agreement for dirccting all activities ol' Consultant and 5 specified in the Schedulc ofPerformance may be approved in writing by the Contract Of{icer. but such extensions shall not exceed one hundred eighty ( I 80) days cumulatively; howcver, City shall not be obligated to grant such an cxtension.

DocuSign Envelope lD F9A5FA9EM2F 42F 4-62AF-0FBAC 7A79CD9

4.2. Contract Officer. The "Contract Officer" shall be such person as may be designated by the City Manager, and is subject to change by the Housing Manager. It shall be the Consultant's responsibility to ensure that the Contract Ofl'icer is kept fully informed ofthe progress of the perfbrmance of the Services, and the Consultant shall refer any decisions which must be made by City to (he Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Olficer. The Contract Officer shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.

4.3. Prohibition Aqainst Subcontracting or Assipnments. The experience. knowledge. capability, cxpertise, and reputation ofConsultant. its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the perlbrmance of this Agreement, nor any paft thereof, nor any monies due hereunder. voluntarily or by operation of'law. without the prior written consent of City. Consultant shall not contract with any other cntity to perform the Services required under this Agreement without the prior written consent of Cily. IfConsultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City lor the acts and omissions of its subcontractor(s) in the sanre manner as it is for persons directly employed. Nothing contained in this Agreenrent shall create any contraclual relationships between any subcontractor and City. All persons engaged in the Scope ot Services will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition. neither this Agreement nor any interest herein may be transfcrred, assigned. convel'cd, hypothecated. or encumbered voluntarily or by operation of law. whethcr for the benefit of creditors or otherwise. without the prior written consenl of Cit1,. Transfers restricted hereunder shall include the transfer to any person or group ofpersons acting in concert of more lhan twenty five percent (25%) ofthc present ownership and/or control of Consultant, taking all transfers into accounl on a cumulative basis. In the event of any such unapproved transl'er. including any bankruptcy proceeding. this Agreement shall be void. No approved transfer shall release Consultant or any surety ofConsultant from any liability hereunder without the express written consent of City.

A. The legal relationship between lhe Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreenrent, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services under this Agreenrent on behalf of Consultanl shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, excep( as set forth in this Agreement. Consultant, its officers, enrployees, or agents shall not maintain an oflice or any other type offlxcd business location at City's ol'fices. City shall have no voice in the selection, discharge, supen,ision, or control ofConsultant's employees, servants, representatives. 6 devoting sufficient time to personally supervise the services performed hereunder. The foregoing representative may not be changed by Consultant without prior written approval of the Contract C)fficer-

4.4. IndenendentContractor.

DocuSign Envelope lD F 9A5F A9&A42F 42F 4-82AF-0FBAC 7A79CD9 or agents, or in fixing their number. compensation, or hours of service. Consultant shall pay all wages. salaries, and other amounts due its employees in connection with this Agrecment and shall be responsible fbr all reports and obligations respecting them. including but not limited to social security income tax withholding, unemployment conrpensation, workcrs' conrpensation, and other similar matters. City shall not in any way or for any purpose be decmed to be a partner of Consultant in ils business or otherwise a joint venturer or a member of any joint entcrprise with Consultant.

B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.

C. No City benefits shall be available to Consultant. i1s officers, entployees, or agents in connection with any perlormance under this Agreement. Except for professional fecs paid to Consultant as provided for in this Agrcement. City shall not pay salaries. wages, or other compensation to Consultant for the performance of the Scope of Services undcr this Agreement.

City shall not be liable lbr compensation or indemnification to Consultant. its officers, employees. or agents, for injury or sickness arising out of perfomring the Scope of Services hereunder. 5 INS(]I{ANCE

5.1. Tvocs of Insurance. Consultanl shall procure and maintain, at its sole cost. and expense. in a form and content satislhctory to City, the insurance describcd hercin for the duration of,this Agreement, including any extension lhereof, or as otherwise spccified herein, against claims which may arise lrom or in connection with the perlonnance of tlre Scope of Services hcreunder by Consultant. its agents, representatives. or employees. In the event the City Manager determines that the Scope ofServices to be perlbrmed underthis Agreenrent creates an increased or decreased risk of loss 10 (he City. the Consultant agrees that the minimum limits of the insurance policies may be changcd accordingly upon receipt ofwritten notice fionr the City Manager or his designec.

Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. [ixcept as otherwise authorized below for prolessional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. 'fhc minimum amount of insurance required hereunder shall be as follows:

Insurance shall be maintained for the length ofthe contract rvith insurers listed "A-. VIII" or better in the Best's Key Rating Guidc, for the amounts listed below:

Commercial Gcneral Liability
Each Occurrence
Per Project General Aggregate
Including Products/Completed Operations
Including Contractual Liability/lndependent Contractors Including Broad Form Property Damage
Commercial Automobile Liability
Conrbined Singlc Linrit per Accident for Bodily lnjury and Propcrty Darnage $ r .000.000
$2.000.000
s | ,000.000
7 DocuSgn Envelope lD F9ASF 898-442F42F4-82AF-0FBAC7A79CD9 Workers Compensation
As Required by the State of California
Employer's Liability
Each Accident
Bodily Injury by Disease
Professional Liability/Cybcr Liabitity (Errors and Omissions) Each 0ccurrencc
General Aggregate
Statutory
$ 1,000,000
$ | .000.000
$ r .000.000
$ I .000,000
Covcrage needs to be on a per project hasis. Not per policy unless waivcd by Risk Management. Insurance shall be at leasl as broad as ISO tbrm CG 20 I 0 I I 85 or CG 20 l0 07 04 and CG 20 37 07 04 (or equivalent) covering Commercial General Liahility.

Commercial Automobile coverage shall be at least as broad as ISO form CA 00 01.

A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation/Employers Liability policies and must accompany the certificate.

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.

List in the "Certilicate Holder" section:

The City of Lancaster
44933 Fern Avenue. Lancasler, Calitbmia 93534
List in the "Description of Operations" box (unless it fits in the Certificate Holder section):
"1-he City of l,ancaster. its elected offlcials. officers. enrployees. and volunteers are included as additional covered parties, but only insolar as the operations under this contracl are concerned." List in the "Cancellation" section:

Should any of the above described policies be cancelled befbre the expiration date thereof, the issuing company will mail 30 written notice (10 days written notice for non-payment) to the Certificate Holders named to the left.
6 INDEMNIFICATION
To the fullest extent permitted by law. Consultant shall indemnify. defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officcrs, employees. agents. attorneys, and volunteers and all other public agencies whose approval of the Project is required, (individually "lndemnified Party"; collectively "lndemnified Parties") against any and all liabilities. claims, judgments, arbitration awards, settlements, costs. demands. orders, and penalties (collcctively "Claims"), including but not limitcd to Claims arising from injuries or death ofpersons (Consultant's employees included) and damage to property. which Claims arise out ol. pertain to, or are related to the negligence. rccklessness, or willful misconducl of 8 DocuSgn Envelope lD FgA5F89&A42F-42F4-82AF-0FBAC7A79CDg Consultant, its agcnts. employces. or subcontractors, or arise from Consultant's negligent. reckless, or willful performance ofor failure to perform any term. provision. covenant, or condition of this Agreement ("Indemnified Claims"). but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the sole negligence or willful misconduct of City. its elected olticials, officers, enrployees, agents, attorneys and volunteers.

Consultant shall reimburse the Indemnified Parties for any reasonable expenditurc, including reasonable attomeys' lces. expert fees, litigation costs, and expenses that cach Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party. Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the lndemnified Party that may arise out of. pertain to, or relate to Indemnified Claims, whether or not Consultant is nanred as a party to the Claim proceeding. The determination whether a Claim "may arise out of, perlain (o, or relate to Indenrnilled Clainrs" shall be based on the allegations made in the Claim and the facts known or subsequently discovered by the Parties.

In the event a final judgment. arbitration award, order, setllement, or other final resolution expressly determines that CIaims did not arise out o1, pertain to, nor rclale to the negligence, recklessness, or willful misconduct of Consultant to any extent, then City shall reimburse Consultant for the reasonable costs of defending the Indemnified Parties against such Claims, except City shall not reinrburse Consultant for attorneys' fees, expert fees, litigation costs, and expenses that were incurred defending Consultant or any parties other than Indenrnified Parties against such Claims.
7 RIiPOIITS ANI) II.ECORI)S
7,2. BSUA3|!. Consultant shall periodically prepare and submit to thc Contracl Ofllcer such reports concerning the performance of the Serviccs required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that City is greatly concerned about the cost of the Services Io be performed pursuant to this Agreement. For this reason.

Consultant agrees that if Consultant becomes aware of any facts, circumstances, Lechniques. or events that may or will materially increase or decrease lhe cost ofthe Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Oficer of such fac(. circumstance. technique, or event and thc g
Consultant's indcmnification obligation hereundcr shall survive the expiration or earlier termination of this Agreement until all actions against the lndcmnificd Parties for such matters indemnitled hereunder are I'ully and finally barrcd by the applicablc statute of limilations or. if an action is timely filcd. unlil such action is final. 'lhis provision is intended for the bcnefit of third party lndemnificd Parties not otheru,ise a party lo lhis Agreement.

7.1. Accountins Records. Consultanl shall keep complete, accurate, and detailed accounts of all tinre. costs. expenses. and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perlbrm the Services required by this Agreement and to enable the Contract Oflicer to evaluate the pertbrmance of such Services. The Contract Oflicer shall have lull and free access to such books and records at all reasonable tirnes. including lhe right to inspect. copy, audit, and nrake records and transcripts from such records.

DocuSgn Envelope lD FgA5F898.A42F-42F4-82AF-oFBAC7A7scog estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate lor the project being designed.

7.3, flwnershin of Documents, AII drawings. specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subcontractors. and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request ofthe Contract Officer or upon the termination of this Agreement. and Consultant shall have no claim for further employment or additional compensation as a resull of the exercise by City of its full rights of ownership oflhe documents and materials hereunder. Any use ofsuch completed documents for othcr projects and/or use of incomplete documents without specific rvritten authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall cnsure that all its subcontractors shall provide lbr assignment to City ofany docunrents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnift City for all damages resulting therefrom. ?.4. BSIS3$JI!9SC@$. All drauings. specifications. reporls. records. documcnts. and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gaincd by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization.

7.s.@Afterreceiptofreasonablenoticeandduring
the regular business hours of City. Consultant shall provide City, or other agents of City, such access to Consultant's books. records, payroll documents. and facilities as City dcems necessary to examine, copy, audit. and inspect all accounting books. records. work data. documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books. records. data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during thc term o,'this Agreemcnt and for a period ofthree (3) years from the date ofllnal payment by City hereunder.

It ENFORCEMENT OF AGREEME,NT

8.1. f.ali&f4ia-laU-aglJgrc. This Agreement shall be construed and interpreted both as to validity and as to performance ofthe Parties in accordance with the laws ofthe State of Califomia.

8.2. LUIf,IDEte$e[. This Agrcement shall bc construed as a whole according to its lair language and common meaning to achieve the objectives and purposes of the Panies. The terms of this Agreement are contractual and the resul[ of negotiation between thc Parties. Accordingly, any rule ot'construction olcontracts (including. without limitation. Calitbrnia CivilCode Section 1654) that ambiguities are (o be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of t0
DocuSEn Envelope lDr F gA5F898-A42F-42F4-82AF-0FBAC7A79COg this Agreement are for convenience and identification purposes only and shall not be deemed to lim it, expand, or define the contenls of the respective sections or paragraphs.

8.3. I)efault of Consultant.

A.
constitute a default.

Consultant's lailure to comply with any provision of this Agreement shall B. I lthe City Manager. or his designee, determ ines that Consultant is in defau lt in the performance of any of the lerms or conditions of this Agreement, he/she shall notifo Consultant in writing of such default. Consultant shall have ten ( l0) days, or such longer period as City may designate, to cure the default by rendering satisfactory pertbrmance. In the event Consultanl t'ails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement. to tenninate this Agreement without further noticc and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result ofsuch default. Compliance with the provisions ofthis section shall not constilute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 3.5.

C. If termination is due to the failure ofthe Consultanl to fulfill its obligations under (his Agreement, City may, aftcr compliance with the provisions of Section 8.3. 8., lake over the Services and prosecute the same to completion by contract or otherwise, and the Consuhanl shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that City shall use reasonable efforts to mitigate such damages). and City may withhold any payments to the Consultant for the purpose ofset-off or partial payment of the amounls owed City as previously stated. The withholding or lhilure to withhold payments to Consultant shall not limit Consultant's Iiability for completion of the Services as provided herein.
8,4. ldaiygt, No waiver ofany provision of this Agreement shall be effective unless rn writing and signed by a duly authorized reprcsentative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties ofany default or breach ofany covenant, condition, or term contained in this Agreenrent, shall not be construed to be a waiver ofany subsequent or other default or breach. nor shall failure by the Panies to require exact, full. and complete compliance with any of the covenants, conditions. or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hcreof.

8.5. Riphts and Remcdies Cumulativc. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Partics are cumulative and the exercise by either Pa(y of one or morc of such rights or remedies shall not preclude the exercise by it, at the same or dift'ercnt times. of any other rights or remedies for the same default or any other default by the other Party.

II
OocuSrgn Envelope lD F 9A5F A9*A42F42F 4-82AF-0FBAC7A79CD9 9 CITY OFFTCE,RS AND EMPLOYEF],S: NON.DISCRIMINATION

9.1. NonJiahilitv of Citv Officers and Emolovees. No olficer or employee of City shall be personally liable to Consultant, or any successor-in-interest. in the event ofany default or breach by City or lbr any amount which may beconre due to Consultant or to its successor, or for breaoh ofany obligation ofthe terms ofthis Agreement.

9.2. Conflict of Interest. No officer or employee of City shall have any financial interest. direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest ofany corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.
9,3. Covenant Asainst Discrimination. In connection rvith its performance undcr this Agreement, Consultant shall not discriminate against any employee or applicant for employment because ol'race, religion. color. sex, age. marital status, ancestry. disability, medical condition, sexual orientation. or national origin. Consuhant shall ensurc that applicants are employed. and that employees are treated during their employment. without regard to their race, religion, color, sex. age, marital status. ancestry, or national origin. Such actions shall include, but not be limited to. the lbllowing: employment, upgrading. denrotion or transfer; recruitment or recruitment advertising; layof'f or termination; rates ofpay or other tbrms ofcompensation; and selection lbr training. inc ludints apprenticesh ip.

9.4, Equal Emplovment Opportunitv. Exce pt as otherwise provided under 4l CFR Part 60. all contracls thal meet the dcfinition of "federally assisted construction contract" in 4l CFR Part 60-1.3 must include the equal opportunity clause provided undcr 4l CFR 60-1.4(b). in accordance wilh Exccutivc Ordcr I l246. "Equal Employmcnt Opportunity" (30 FR 12319, I2935, I CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order ll375, "Amending Executive Order | 1246 Relating to Equal Employment Opportunity," and implementing rcgulations at 4l CFR part 60, "Oftice of Fcderal C()ntract Compliance Programs, Equal Employment Opportunity, Department o l- l.abor."

IO NIISCELLANH,OUSPIIOVISIONS
l)
8,6. Lesal Action. In addition to any other rights or remedies. either Party may take legal action, in law or in equity. to cure. correct or remedy any dcfault. to recover damages tbr any dcfault. to compel spccific perlbrmancc ol'this Agreement. to obtain declaratory or injunctive reliel, or to obtain any other remedy consistent with the purposes of'this Agreement.

DocuSrgn Envelope lD FgA5F89&A42F-42F4-82AF-0FBAC7A79CDg A. To the fullest extcnt permissible under law. and in lieu ofany other warranty by City or Consultanl against patent or copyright infringcment, statutory or otherwise, it is agreed lhat Consultant shall del'cnd at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out ofthc performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultanl shall pay all costs and danrages finally awarded in any such suit or claim. provided that Consultant is promptly notilled in writing of the suit or claim and given authority. information and assistance at Consultant's expense lbr the defense of sanre. l-lowever.

Consultant will not indemnily City if the suit or claim results from: ( I ) City's alteration of a dclivcrable. such thal City's altcration of such deliverablc crcatcd the infringcnrent upon any prescntly existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other nralerial not provided by Consultant when it is such use in combination which inliinges upon an existing U.S. letters patent or copyright.

B. Consultant shall not be obligated to indcmnify City under any settlement made without Consultant's consent or in thc event City fails to cooperate in thc defense ofany suit or claim, provided, however, that such defense shall be at flonsultant's expense. Ifthe use or sale of such itenr is enjoined as a result of the suit or claim, Consultant, at no expense to City. shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to Cily and extend this patent and copyright indenrnity thereto.

I0.2. layi5;pAg1!gg. When required by Federal program legislation. Contractor shall comply with the Davis-Bacon Act (40 U.S.C. 3l4l-3144. and 3146-3148) as supplemented by I)cpartment ol l.abor regulations (29 Ch'R Part 5, "Labor Standards Provisions Applicahle to Contracts Covering Federall,v Financed and Assisted Construction"). In accordance with the statute. Contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition. conlractors must be required to pay wages nol less than once a week. The non-Federal entity must place a copy ofthe current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. City shall report all suspected or reported violations to the HUD. The Contractor shall comply with thc Copcland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department o[ I-abor regulations (29 CFR Pan 3, "Conlractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the lJnited States"). The Act provides that the Contractor shall be prohibited from inducing. by any means. any person employed in lhe construction. completion. or repair ofpublic work, to give up any part of the compensation to which he or she is otherwisc entitled. City shall report all suspected or reported violations to the HUD.

10.3. Where applicable, contracts in
excess of $100,000 that involve the employment of meclranics or laborers shall comply with the provision tbr compliance with 40 U.S.C. 8$ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 LJ.S.C. $ 3702 o{'the Act, the Contractor shall compute thc wages of every mechanic and laborer on the basis of a standard work wcek of 40 hours. Work in excess of the standard work rvcek is permissible provided that the worker is compensated at a rate ofnot lcss than one and a halftimes the basic rate ofpay for all hours worked l-l
OocuSgn Envelope lD F9ASF A9&442F 42F4-82AF-0F BAC 7A79C Dg in excess of 40 hours in the work week. The requirements of 40 U.S.C. $ 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases ofsupplies or materials or articles ordinarily available on the open market, or contracts for transponation or transmission ofintelligence.

10.4, Rishls to InvcntionrM4de llndela Contract or Agrecmcnt. If the IIOME award meets the definition of"funding agreement" under 37 CFR $401.2 (a) and the recipient or subrecipient wishes to enter into a contract wi(h a small business firm or nonprofit organization regarding the substitution ofparlies, assignment or performance ofexperimental. developmental, or research work under that "f'unding agreement," the recipient or subrecipient must comply with the requirements of37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements." and any implementing regulations issued by the awarding agency.

10.5. Clcan Air Act and the Fcderal Watcr Pollution Control Act. Clontracts and subgrants ofamounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant lo the Clean Air Act (42 U.S.C.7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. l25l-1387). Violations must be reported to the Federal awarding agency and the Regional Office ofthe Environmental Protection Agency (EPA).

10.6. DS!e1ry!_e!gjg54qiq. A contract award (see 2 CFR $ 180.220) must not be made to pa(ies listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. I 89) and 12689 (3 CL-R part 1989 Comp., p. 235), "l)ebarment and Suspension." SAM Exclusions contains the names ofparties debarred, suspended, or othenvise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

10.7. Bvrd Anti-Lobbvins Amendment. Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an ofllcer or employee of any agency, a member of Congress. officer or employee ofCongress, or an employee ofa member ofCongress in connection with obtaining any Federal contract. grant or any other award covered by 3l U.S.C. $ 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

A. As appropriate and to the extent consistent with law, the non-Federal entity should. to the greatest extent practicable under a Federal award, provide a preference for the purchase. acquisition. or use of goods. products. or materials produccd in the [Jnited States (including but not limited to iron. aluminum. steel. cement. and other manufactured products). The requirements ofthis section must be included in all subawards including all conlracts and purchase t4

10.8.@
DocuSign Envelope lD: FgA5F89&A42F-42F4-82AF-0FBAC7A79CDg orders for work or products under this award.

B. l"or purposes of this section:
( I ) "Produced in thc United States'' nreans, tbr iron and steel products. that all nranufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) "Manufactured products" nreans itenrs and construction materials composed in whole or in pan ofnon-ferrous nretals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass. including optical fiber; and lumber.

10.9. !q!ESCl. All notices or other conrmunications required or permitted hereunder shall be in writing, and shall be personally delivered. sent by pre-paid First Class U.S. Mail. registered or certified mail. postage prepaid, return receipt requestcd. or delivered or sent by facsimile with atlached evidcnce ol'completcd transmission. and shall be deemed received upon the earlier of (i) the date ol'delivery to the address of'the person to receive such notice if delivered personally or by messenger or overnight courien (ii) five (5) business days alter the date ofposting by the United Stales Post Office if by mail; or (iii) when sent if given by facsimile. Any notice. request. demand, direction. or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailcd or delivered. Other lornrs ofclectronic transmission such as e-mails. text messages, and instant messages are not acceptable manners of notice required hereunder. Noticcs or other communications shall be addressed as tbllows:

To ('itv City of Lancaster
Attention: ChristopherAune
44933 Fern Ave
Lancaster. Califomia 935 34
Telephone: (661\723-5870
'fo Consultant:[.DM Associates .lnc
Attention: Rudy Munoz
10722 Arrow Roule. Suite 822
Rancho Cucamonga, CA 91730
Telephone: (909)476-9696

10.10. E11lifS;|gfS9lgll. This Agreement, including all Contract Documents, constitutcs the entire agreement between thc Pa(ies and supersedes all prior negotiations. arrangements. agreements. representations, and u ndersl.and in gs, ifany, made by or among (he Parties with respcct to the subject matter hereof. No amendments or other nrodifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respectivc succcssors. assigns, or grantees.
l0.ll. Scverabilitv. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be ef'fective and valid under applicable law. but ifany provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of l5
DocuSrgn Envelope lD F9A5F898-A42F-42F4-82AF-0FBAC7A79CDg competent jurisdiction, such provision shall be ineffective only to the extent ofsuch prohibition or invalidity. without invalidating the reminder ofthat provision, or the remaining provisions ofthis Agreement unless the invalid provision is so material that its invalidity deprives either Party ofthe basic benefit oftheir bargain or renders this Agreement meaningless.

10.12. $.USS4I; iLIilg;S$. This Agreernent shall be binding upon and inure to the benelit of the Panies' successors and assignees.

10.13. I[!f.1!-hf1[-Bege!!Sie1a. llxcept as may bc expressly provided for herein, nothing contained in this Agreement is intcnded to confer. nor shall this Agreement be construed as conferring. any rights, including. without limitation, any rights as a third-party beneficiary or otherwise. upon any entity or person not a party hereto.

10.14. Bgfi$b. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledge and agree that such Party is bound, for purposes of this Agreement, by the same.

10.15. Cq1[q13&3$tg1ig,. Each of the undersigned represents and warrants that:

A. the Pany for which he or she is executing this Agreement is duly authorized and existing,
B. he or she is duly authorized Io execute and deliver this Agreement on behalfofthe Party for which he or she is signing.

C. by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement. and
D. the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.

ISIGNATARES ON FOLLOWING PAGEI
t6
DocuSrgn Envelope lD: F9A5F A9&A42F 42F 4-82AF-0FBAC7A79CDg IN WITNESS WIIEREOF, the parties hereto have caused Ihis AGREIIMENT to be executcd and attested by their respective officers lhercunto duly authorized.

CITY OF LANCASTER
LANCASTER. CALIFORNIA
Bv: a;#ru @
Jason Caudle, City Manager
Dut"d, ,u..h 8, 2022 | 2:57:s3 PM Psr
I,DM ASSOCIA'IES. INC.

RANCO CUCAMONGA. CALIITORNIA
By, G*jv,
Rudy Munoz, Senior Executive Vice President
uarch 7, 2022 I 5:01:09 Pl4 PsT
Dated:

ATTEST:
lffia*a'-.*"
Andrea Alexander, City Clerk
APPROVt]D AS 'fO FOII,M:
aT :e->
city Attorney
G
I oL,.)
TY G

STAFF REPORT
City of Lancaster
CC 10
3/24/2026
TN
Date: March 24, 2026
To: Mayor Parris and City Council Members
From: Patti Garibay, Director - Community Development
Justin Hillemann, Manager – Community Preservation
Subject: Approval of Professional Services Agreement with Dapeer, Rosenblit & Litvak, LLP for Community Preservation Legal Services (RFP No. 873-26) Recommendation:

1. Approve a Professional Services Agreement with Dapeer, Rosenblit & Litvak, LLP for Community Preservation Legal Services in an amount not to exceed $150,000 annually, total NTE of $1,050,000 for the entirety of the agreement over the five (5) years, 3 months and option to extend the Agreement for one (1) additional two-year period upon mutual written agreement.

2. Authorize the City Manager to execute the Agreement, subject to City Attorney approval as to form.

G.C. Section 84308: No
Fiscal Impact:

The Agreement authorizes expenditures in an amount not to exceed $150,000 annually, total NTE of $1,050,000 for the entirety of the agreement over the five (5) years, 3 months and additional option for one (1) two-year period. Funding is included in the Community Preservation/Code Enforcement legal services budget and will be subject to annual budget appropriations by the City Council. No additional General Fund appropriation is requested at this time.

Background:

On January 5, 2026, the City issued a Request for Proposals (RFP) No. 873-26 for Community Preservation Legal Services. The purpose of the RFP was to secure qualified municipal legal counsel with expertise in code enforcement prosecution, nuisance abatement, administrative hearings, civil enforcement actions, ordinance drafting, and related municipal litigation support. 2 3
2 1
Proposals were evaluated by a staff committee using the criteria identified in the RFP, including:
Quality and effectiveness of proposed services
Relevant municipal experience and staff qualifications Cost to the City
Following evaluation, Dapeer, Rosenblit & Litvak, LLP was determined to be the most qualified firm based on demonstrated experience representing California municipalities, extensive expertise in municipal code enforcement and nuisance abatement litigation, and the ability to provide responsive and strategic legal support aligned with the City’s Community Preservation objectives.

The selected firm will provide legal services including administrative enforcement, civil nuisance actions, cost recovery proceedings, ordinance drafting, and litigation support necessary to advance the City’s neighborhood preservation, housing compliance, and public safety initiatives.

Attachment:

Professional Services Agreement_Dapeer, Rosenbilt and Litvak LLP_2026 14 AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made and entered into this 24th day of March, 202 6, by and between the CITY OF LANCASTER, a municipal corporation and charter city, (“City”), and Dapeer Rosenblit & Litvak, LLP , a California Limited Liability Partnership (“Consultant”) (collectively, sometimes referred to hereinafter as the “Parties”).

RECITALS
WHEREAS, th e Cit y desires t o en gage Consultant t o perfor m certai n technic al an d professional services, as provided herein, identified as:

Community Preservation Legal 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: Dapeer Rosenblit & Litvak, LLP

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: Trolis Niebla, City Manager
44933 North Fern Avenue
Lancaster, California 93534
CONSULTANT Dapeer Rosenblit & Litvak, LLP
Attn: William Litvak
11500 W Olympic Blvd Ste 550
Los Angeles, CA 90064-1528
15 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.

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

5. Obligations of the City.

A. The City shall pay Consultant an amount not to exceed $1,050,000 for all work necessary to complete the Services, as described in the Scope of Services and Rates Schedule. Payments shall be due within thirty (30) days following submittal of an invoice detailing the services performed, at the 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 Scope of Services and Rates Schedule 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. 16 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: 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 non-discrimination 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 five (5) years, three (3) months plus the option for one (1) additional two-year period , 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.

Consultant shall provide all documents to the City that have no t 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. 17 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
(Coverage shall be at least as broad as ISO form CG2010 11/85 or CG2010 07/04 and CG2037 07/04 combined, or an equivalent providing ongoing and completed operations) Commercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $1,000,000
(Coverage shall be at least as broad as ISO form CA00 01) Workers Compensation
As Required by the State of California Statutory Limits Employers’ Liability
Each Accident $1,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000
(A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation & Employers’ Liability policies)
Professional Liability
Each Occurrence $2,000,000
General Aggregate $2,000,000
B. The 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 ef fect during the term of this contract and will cover Consultant for all claims made by the City insured entities arising out of any acts or omissions of Consultant or its officers, employees, or agents during the time this Agreement was in effect.

D. Any deductibles or self-insurance retentions must be declared and approved by the City.

At the City’s option, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as 18 respects the City insured entities or the insurer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

E. All insurance shall be primary and non -contributory as respects the City insured entities.

Any insurance or self -insurance maintained by the City insured entities shall be in excess of the Consultant’s insurance and shall not contribute with it.

F. Consultant shall furnish the City with Certificates of Insurance and with 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:
“[Name of the Project/Services/Title & Date of Event]
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 and Completion of Work. The Services to be provided by Consultant pursuant to this Agreement shall commence immediately after execution of this Agreement, and shall be completed prior to the expiration of the Agreement ; provided however, that the Parties may agree to extend the time for completion upon mutual written agreement.

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

C. 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.

D. Upon the execution of this Agreement, Consultant has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner hinder the performance of services and work required by this Agreement, nor shall any su ch 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:
20 Exhibit “A” Scope of Services and Rate Schedule

20. Governing Law.

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.]
21 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:
_________________________________
By:

William Litvak, Managing Partner
Dated:

ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Dapeer Rosenblit & Litvak, LLP
DEPARTMENT HEAD APPROVAL:
**COMPLETE & RETURN THIS PAGE**

CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
In 2022, California SB1439 extended requirements under Government Code Section 84308, also known as the "Levine Act", to prohibit County "officers" from participating in any action related to a contract if such member receives political contributions totaling more than $250 within the previous twelve months, and for three months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract.

Section 84308( a)( 4) of the Levine Act defines an "officer" as follows: "Officer" means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term "officer" is further defined 2 Cal. Code Regs. Section 18438. l, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency of officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position; (2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Stanislaus County Board Members can be found online at: Board of Supervisors - Stanislaus Countv (stancount, .com). The party making this certification is responsible for determining whether a recipient of a political contribution is a County officer prior to answering the following questions:

1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any County officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Board action related to this contract?
_Il_YES ...@_NO
If YES, please identify the person(s) or agent(s) making the contribution:

IfYES, please identify the County officer receiving the contribution:

2. Do you, or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contribution of more than $250 to any County officer in the three (3) months following any Board action related to this contract? ... O..YES _.IZ)_N0
IfYES, please identify the person(s) or agent(s) making the contribution:

IfYES, please identify the County officer receiving the contribution:

Answering YES to either of the questions above does not preclude Stanislaus County from awarding a contract to your firm or taking any subsequent action related to the contract. It does, however, preclude the identified County officer from participating in any actions related to such contract.

Levine Act Disclosure Statement -1-

I HEREBY CERTIFY
THE FOREGOING I~ •
Signature:
,' ·..-.J ..... ...-: ...,. .. ~·-,_,,·-t:i·
PrintName:William Litvak
Title: Managing Partner
7 ,... - ...

ERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT
Date Signed: 1 /27 /26
Company: DAPEER ROSENBLIT LITVAK, LLP
Levine Act Disclosure Statement -2-
11 EXHIBIT “A”

SCOPE OF SERVICES AND RATE SCHEDULE
The selected firm shall provide full-service municipal legal counsel, including but not limited to the following:

A. Code Enforcement Legal Services
The selected firm shall provide robust support for the City’s enforcement programs, including:

1. Administrative & Civil Enforcement
• Review and advise on notices of violation, administrative citations, abatement orders, warrants, and hearing procedures.
• Prepare and prosecute administrative hearings, nuisance abatement cases, and appeals.
• Pursue cost recovery, liens, special assessments, and legal remedies available under state law and the City Municipal Code.
• Represent the City in civil nuisance actions (injunctions, receiverships, abatement actions).

2. Criminal Enforcement (if applicable)
• File and prosecute misdemeanors or infractions under the Municipal Code. • Coordinate with the City Prosecutor (if separate) or District Attorney. • Assist with settlement negotiations, plea agreements, and court appearances.

3. Specialized Code Enforcement Areas
The firm should demonstrate experience in:
• Property maintenance and nuisance abatement
• Vacant property programs
• Substandard buildings and unsafe structures
• Zoning and land-use violations
12 • Business licensing, illegal operations, and permitting violations • Cannabis regulation enforcement
• Housing code enforcement
• Environmental, solid waste, and public health enforcement B. Litigation & Claims Management
• Represent the City in federal, state, and appellate courts. • Manage defense of tort claims, civil rights actions, land-use challenges, and CEQA lawsuits.
• Coordinate with outside counsel when authorized.

C. Special Projects & Legislative Support
• Draft new ordinances and update existing municipal code provisions. • Provide legal strategy for major City initiatives and intergovernmental relationships. • Advise on federal and state regulatory changes impacting City operations.

REQUIRED QUALIFICATIONS
Proposers must demonstrate:
• Minimum 5–10 years practicing municipal law.
• Significant experience representing California cities. • Proven expertise in code enforcement prosecution, nuisance abatement, administrative law, and civil enforcement.
• Experience advising City Councils, Planning Commissions, and other municipal bodies. • Availability to provide timely advice and urgent response as needed. • Ability to attend evening meetings and respond promptly to staff inquiries.

DAPEER ROSENBLIT LITVAK LLP

LAWYERS
WILLIAM LITVAK*
STEVEN H. ROSENBUT
KENNETH B. DAPEER
JAMES C. ECKART
ERIC P. MARKUS

JOCELYN CORBETT

LILY KEENAN
I 1500 W. OLYMPIC BLVD. SUITE 550
LOS ANGELES, CA 90064-1 S24
TELEPHONE (3 I 0) 477-5575
FACSIMILE (310) 477-7090

SARAH EDMISTON

DEEPTA JANARDHAN

DERICK MANOUKIAN
WRrTER'S EMAIL
[email protected]
*MANAGING PARTNER
January 27, 2026
City of Lancaster
Community Development Department - Community Preservation Re: Response to Request for Proposal for Legal Services (No. 873-26) Dear Selection Committee:

Thank you for allowing Dapeer, Rosenblit & Litvak, LLP ("DRL" or the "Firm") to respond to your Request for Proposal RFP NO. 873-26 for Community Preservation Legal Services. ("RFP").

We hereby submit our statement of qualifications and proposal to provide the services requested.

1. Proposal Summary:

Although DRL has represented all departments and divisions in the City as community preservation attorneys and City Prosecutors since 2006, we seek to continue providing legal services to Community Preservation as full-service legal counsel.

While maintaining independent prosecutorial discretion and functions, DRL's operating philosophy is to be a part of the "City team" - and not that of merely an "outside" consultant. Senior Partner James Eckart would be Community Preservation's designated contact and representative from the Firm, and he would be available as needed by Staff (in person, virtually, or via e-mail and telephone) to review new and pending matters, provide direction and advice (as needed) to ensure the most efficient and beneficial result for the City, to oversee all services rendered to the City by the Firm, and to ensure assigned work is completed in a timely manner.

Mr. Eckart is regarded as the finest code compliance and community preservation lawyer in California. His commitment to serving cities throughout California is unsurpassed.

Not only does he have an astounding understanding of municipal law, he also devotes himself to teaching and educating the next generation of Code Enforcement leaders. His classes and seminars are routinely filled to capacity and often are "standing room only".

Mr. Eckart will have access to all of the Firm's lawyers and the full capabilities of the Firm to address the City's concerns.

City of Lancaster
Re: Response to Request for Proposal for Legal Services January 27, 2026

Page 2 of 15 ends

DAPEER, ROSENBLIT & LITVAK LLP
Since commencing representation of the City of Lancaster in 2006, we have successfully achieved Code compliance in almost 100% of all cases assigned to us - whether by voluntary compliance or through the use of administrative, civil, or criminal enforcement remedies. We have handled some of the most controversial and complicated matters for the City - including, but not limited to, abating "slumlord" properties, narcotics nuisances, "party houses", illicit nightclubs, and illegal adult care facilities, as well as defending the City in a variety of civil lawsuits (including one brought by the Mongols Motorcycle Club).

Since our representation of municipalities in 1979, DRL has handled more prosecutions than arguably any private law firm in this state. Staff also provides education and training to not only our clients, but we also take pride in providing educational seminars to the Code Enforcement and Law Enforcement communities throughout California.

The Firm's lawyers have more experience and expertise in the area of Code Enforcement and community preservation law and remedies than any other law firm in this specialty area oflaw. The Firm's partners collectively have over 180 years of experience in this specialty area. And, the Firm is currently training the next generation of lawyers and providing them the supervised experience to become leaders in the field for years to come.

DRL's expertise is not limited to the use of criminal prosecution, but also extends to reviewing existing ordinances and amending or crafting new ordinances to provide clients with more diverse and efficient regulatory and enforcement tools; obtaining search warrants, inspection warrants, and abatement warrants; representing Staff in a variety of administrative enforcement proceedings (including hearings to suspend or revoke business licenses, regulatory permits, and land-use entitlements); and civil litigation and receivership actions. Perhaps of most importance, the Firm can provide training to Staff that is tailored to the needs and desires of the City in a more economic manner than utilizing outside forums.

Given the long-standing relationship with the City, DRL has extensive institutional knowledge of the City of Lancaster and its Staff, including the City Attorney's Office with whom Firm lawyers enjoy an excellent working relationship. This knowledge and experience also translate into substantial cost savings for the City. Our firm will not have any learning curve, as it is already familiar with the City's municipal code and the various initiatives that have been historically important for the City. Also significant is that the depth of the firm's lawyers' experience in the field of Code Enforcement, and an experienced support staff that allows the Firm to deliver the highest level of services efficiently and without waste.

DRL is extremely proud to already represent all departments and divisions in the City of Lancaster (including Community Preservation) and has undertaken an objective and comprehensive review of the services that it provides the City and the manner in which it City of Lancaster
Re: Response to Request for Proposal for Legal Services January 27, 2026

Page 3 of 15 ends

DAPEER, ROSENBLIT & LITVAK LLP
provides those services. In doing so, we recognized that our skill set and quality of services continue to be superlative. However, the stresses on the legal community related to recruiting and retaining qualified lawyers has never been more challenging. We have revised our business plan to emphasize quality vs. quantity. Thus, it is the Firm's strategy to emphasize its more prolific clients with whom we believe we can partner to foster and sustain a successful program to improve the quality oflife for its community. To achieve our goals, we have designated a select number of Cities as "primary partners" and the City of Lancaster is included among the cities that we will prioritize when allocating resources. Thus, we intend to insulate the City of Lancaster from the effects of the limit on qualified candidates seeking work in this area of law. We have also instituted a moratorium restricting the onboarding of new municipal clients unless we have qualified staff on board prior to accepting representation.

Contacts for this proposal are as follows:

James Eckart (Designated contact and Prosecutor for the City) Mobile Tel: (323) 3 75-4 731
Email: [email protected]
William Litvak (Managing Partner)
Mobile: (310) 968-5244
Email: [email protected]

2. Firm Profile and Qualifications:

During the past 45 years, our firm has prosecuted more misdemeanors and code enforcement actions throughout southern California than any other private law firm. We have literally prosecuted thousands of criminal and civil cases for numerous cities, including the City of Lancaster. We enjoy excellent relationships with criminal courts throughout southern California. In multiple courts, we have in place arrangements with public defenders and the Courts to have our cases heard on specific days of the week and/or before specially assigned judges in order to facilitate efficient handling of our clients' matters. In the Antelope Valley Superior Court, we are well known by all of the judges adjudicating criminal cases and, most importantly, we enjoy excellent relationships with the clerks of these courts. It should be understood that the clerks of the court are the judges' gate keepers, and their assistance is an integral part of obtaining access to the courts and to make our time there most efficient.

We already have procedures in place to address not only filings, but we are also well versed in dispositions typically approved by the courts, familiar with the unique characteristics of the bench officers and their preferences. We are also knowledgeable in all new legislation affecting the administration of justice.

City of Lancaster
Re: Response to Request for Proposal for Legal Services January 27, 2026

Page 4 of 15 ends

DAPEER, ROSENBLIT & LITVAK LLP
Our experience is not limited to trial court practice. We have handled hundreds of misdemeanor appeals, leading all the way to the California State Supreme Court. Our attorneys are also admitted before all courts of this state, and our senior lawyers are also admitted to all California Federal Courts, the Ninth Circuit Court of Appeals, and the United States Supreme Court.

We estimate that our track record at all levels of criminal proceedings demonstrates a success rate of over 99%. We humbly suggest that this is even more impressive with the current liberal approach taken by the California legislature to the administration of criminal justice in this state. Admittedly, it has become more difficult to secure rulings today that achieve the deterrent effect than earlier times when punishment and deterrence were the central focus of criminal law enforcement - however, we have continued to maintain a success rate that generally avoids repeat violations by defendants. We strive to advocate that the successes of the past should be included in how criminal law is prosecuted and what appropriate punishments should be applied to misdemeanors. We recognize that the "broken window" theory has proven to be an effective tool to forestall lawlessness in communities. By handling misdemeanors seriously, we avoid proliferation of felonies.

The result is an enhanced quality oflife and feeling of safety in our communities. We have proven that this strategy is effective when applied to municipal misdemeanor prosecution and seek to continue applying our knowledge, skills, and experience to benefit the City of Lancaster.

In handling your City's municipal law enforcement, we have advocated "voluntary compliance" as the chief goal of code enforcement programs. This makes them cost effective and gives the community confidence that the programs are fair resulting in overall support by the community at large. While many judges believe that "abatement" is the sole goal of Code Enforcement prosecutions, punishment for wrongdoing (whether through financial sanctions, community service and/or labor, etc.) is also an important aspect of Municipal Code prosecutions - and assists in deterring future unlawful conduct by the defendant and other potential violators within the City. Thus, from the initial filing through the final stage of every court case, we strive to educate the bench and bar of the impacts of these types of crimes and the City's community preservation program and efforts.

Our Firm brochure and profile are available upon request.

3. Services
DRL has been providing code enforcement services throughout Southern California since 1979 - and, more specifically, we have been acting as the City Prosecutor for Lancaster since 2006. During that time, we have assisted the City of Lancaster and other City clients with a variety of legal services designed to facilitate and expedite compliance with a multitude of local and State laws, rules, and regulations.

Our services to your City have historically included the following:

City of Lancaster
Re: Response to Request for Proposal for Legal Services January 27, 2026

Page 5 of 15 ends

DAPEER, ROSENBLIT & LITVAK LLP
a) Review existing City codes, regulations, rules, resolutions, policies, and practices, and provide recommendations and/or draft amendments, modifications, and/or updates to said codes, regulations, rules, resolutions, policies, and practices. 1 b) Conduct meetings with City Staff to discuss pending investigations or other matters, and to provide guidance and recommendations for enforcement actions - including the use of notices of violation, administrative citations, nuisance abatement orders, and other administrative, civil, and/or criminal enforcement proceedings.
c) When appropriate, draft correspondence to and conduct meetings with violators in an effort to obtain voluntary compliance without the need for formal legal enforcement proceedings.
d) Assist City Staff with the preparation and acquisition of inspection warrants, search warrants, and abatement warrants.
e) Represent the City in all courts and before all regulatory bodies. This would include all state and federal trial courts, appellate courts, including the California Supreme Court and the United States Supreme Court.
f) Initiate and prosecute criminal actions. Including probation revocation and diversion programs.
g) Initiate and prosecute civil enforcement actions, including Health and Safety Receiverships.
h) Assist staff in initiating administrative remedies, including administrative abatement, license revocation, CUP and special land-use permit revocations; Prepare City Staff for administrative hearings and, when appropriate, represent City Staff before a hearing officer or other appellate or reviewing authority (including the Permits and Licenses Committee and Administrative Hearing Officer - or any other appropriate committee, commission, and/or the City Council). i) Provide educational trainings to City Staff, as needed and as requested by the City. j) Collaborate and confer with City Staff as needed, including consulting with the City Attorney regarding current and proposed State and Federal legislation and/or judicial cases and decisions that may relate to or impact the City. k) Perform any other duties or functions as requested and/or approved by the City Manager, City Attorney, and/or City Council.
1 Our office strives to ensure that the laws, regulations, and policies the City uses are not only Constitutionally enforceable, but that they are also practical and efficient for enforcement officers. 2 In many instances, our office appears before a reviewing authority and represents Staff in presenting its case in an effort to avoid a potential conflict of interest that could result if a representative of the City Attorney's Office represents Staff and serves as legal counsel to the reviewing authority.

City of Lancaster
Re: Response to Request for Proposal for Legal Services January 27, 2026

Page 6 of 15 ends

DAPEER, ROSENBLIT & LITVAK LLP
Through the use of these tools, DRL has amassed an overwhelming record of success in helping Cities achieve their goals to improve and maintain the quality of life for their residents and businesses. 3
Although a majority of matters can be resolved through voluntary compliance, some cases require legal action to cause the termination ofillegal activities, uses, and/or conduct. With the approval of the City (and, as appropriate, the City Manager, City Attorney, and/or City Council), such legal actions might include, but would not be limited to, (i) the filing of civil injunctive actions to obtain orders from a Court for a violator either to cease an illegal use or activity or to proactively perform an abatement action; (ii) seeking the appointment of a receiver by the Superior Court to cause the abatement of an illegal condition, use, or activity if a responsible party is unable or unwilling to do so; and/or (iii) the filing of a misdemeanor complaint against responsible parties. 4
DRL prides itself on working collaboratively with City Attorneys to assure that our work integrates seamlessly into the work that they perform for their cities.

4. Primary Professionals:

Although every attorney at DRL would be available to serve your Community Preservation requirements, Senior Partner James Eckart would serve as your designated City Prosecutor.

He would primarily oversee and handle matters and interact with City staff on all matters being handled by the firm for the City. William Litvak will serve as the administrative partner for the City's contract.

James Eckart, Senior Partner, has spent almost 30 years (both as a City Prosecutor and with the Los Angeles County District Attorney's Office) criminally prosecuting individuals who violate State and local laws. He has assisted our municipal clients on innumerable cases serving in the capacity as legal counsel representing either Staff in administrative proceedings to seek the termination of various public nuisances - including, but not limited to, properties that are used for illegal narcotics, gambling, and prostitution. Mr. Eckart has also served as a hearing officer for administrative proceedings where a conflict of interest exists with a local City Attorney or other legal counsel. He has further been an instructor, guest speaker, and/or lecturer for numerous Police Departments, the Los Angeles County Sheriff's Department, Code Enforcement Officer associations, Los Angeles County Health Department, and other governmental personnel on techniques for general and specialized investigations - including those involving short term rentals, transient occupancy taxes, search & seizure issues, report writing, and procedures and testimony for administrative, civil, and criminal proceedings. Mr. Eckart serves as an adjunct faculty member of In addition to the helping Cities achieve the primary goal of compliance with applicable laws, DRL has assisted Cities in obtaining in excess of $5,000,000 in delinquent transient occupancy taxes, business license taxes and fees, and other miscellaneous fees.

City of Lancaster 0APEER, ROSENBLIT & LITVAK LLP
Re: Response to Request for Proposal for Legal Services January 27, 2026

Page 7 of 15 ends

Santiago Canyon College, teaching courses on public policy and legal aspects of law enforcement. Mr. Eckart has also authored and presented training to over 300 City Attorneys (through the League of California Cities) on how to successfully prosecute municipal code violations. Additionally, Mr. Eckart regularly drafts ordinances and/or revisions to municipal code provisions to ensure clients have the most up-to-date tools available to tackle issues arising within their jurisdiction. Mr. Eckart received his Bachelor of Arts degree from the University of California and his Juris Doctorate from Loyola School of Law. He also attended the National Institute for Trial Advocacy.

Bar Admissions: Admitted to the California State Bar in 1997. State Bar No. 192078.

Also admitted to the United States Supreme Court, 2012; United States District Court for the Central District of California, 1997.

William Litvak, Managing Partner, has been a trial lawyer for over 40 years, the past thirty of which have included code enforcement and municipal litigation services. He has tried numerous cases, both jury and non-jury, both generally and specifically related to code enforcement services. He has appeared before the California State Supreme Court, the California Courts of Appeal, the United States Districts Courts, the Ninth Circuit Court of Appeals. He is licensed by the California State Bar, the Federal District Courts for all districts in California, the Ninth Circuit Court of Appeals, and the United States Supreme Court. He has been awarded an "AV" rating from the Martindale-Hubbell, a peer reviewed lawyer registry and has been designated a "Super Lawyer" for Southern California. He has additionally served as an arbitrator, settlement officer, and judge pro tern for the Los Angeles Superior Court, and has been an instructor, guest speaker, and/or lecturer on such topics as medical marijuana dispensaries, "red light" (gambling and prosecution) nuisance abatement, narcotics nuisance abatement, injunctions and receiverships, and red-light photo enforcement. Mr. Litvak was selected to represent all of the member cities of the California Contract Cities Association in a contractual dispute with the County of Los Angeles related to a multimillion-dollar contract for sheriff services. Mr. Litvak is a graduate of the University of California where he received a Bachelor of Arts Degree and California Western School of Law where he received his Juris Doctorate degree. He also attended the National Institute for Trial Advocacy. Published appellate decisions include:

City of Sierra Madre v. SunTrust Mortgage, Inc. (2019) 32 Cal App 5th; People v. Gray (2014) 58 Cal 4th 901; D&M Financial v. City of Long Beach (2006) 136 Cal App 4th; City of Norco v. Mugar (2020) 59 Cal App 5th 786; People v. Goldsmith (2014) 59 Cal 4th25
II
II
Bar admissions: Admitted to the California State Bar, 1979, State Bar No. 90533; Also admitted to the United States Supreme Court, 2004; United States Court of Appeals for the 9th Circuit; United States District Court for the Northern, Central, Eastern and Southern District of California. Also admitted pro hac vice in various state courts and federal judicial districts.

City of Lancaster
Re: Response to Request for Proposal for Legal Services January 27, 2026

Page 8 of 15 ends

5. Work Plan Proposal:

DAPEER, ROSENBLIT 0c LITVAK LLP
Mr. Eckart and the Firm's lawyers will be available for consultation at any time and will provide guidance on any inquiry made. As to cases that are referred to our Firm, we will provide Staff with a case referral form that would be used by Staff when submitting a matter to DRL for handling. This will provide a method for Staff to request specific action, as well as to facilitate the tracking of case referrals. Furthermore, Staff will also be provided with a checklist of information that should, if available, be transmitted with the referral form to facilitate and expedite case review by DRL.

Once received by the Firm, the referral will be acknowledged. Unless another time frame is requested, the referral will typically be reviewed by Mr. Eckart or his designee within 10 days. This review will consider all of the facets and all legal remedies that may apply.

Thus, despite the nature of the referral, our attorneys will re-evaluate the matter to determine if there is a more beneficial and efficient mode of enforcement. Thus, a matter initially referred for criminal prosecution may ultimately be recommended for receivership or civil enforcement depending upon the specific facts and circumstances applicable to that matter. In some instances, additional information may be necessary to complete the analysis - and, in such instances, we will make the necessary request of the designated Community Preservation Officer.

Once a recommendation for the manner of enforcement has been relayed to the City, Staff will be provided an opportunity to discuss the recommendation with Mr. Eckart and to provide additional input prior to the Firm taking any additional action. Provided, however, if criminal prosecution is the chosen remedy, the Firm is legally required to and will exercise its independent judgment and discretion with regard to the prosecution and its scope.

Once an enforcement method is confirmed, the Firm will work with City Staff to ensure that all necessary information (including an investigation report and supporting evidence) is prepared, and DRL will prepare any necessary legal documents (including any necessary notices, civil or criminal complaints, and/or other legal pleadings).

For cases where there is an imminent hazard to the public, or where Staff requires more immediate action, timetables for the Firm will be shortened - and DRL will also consider the availability of temporary restraining orders and preliminary injunctions will depending upon the circumstances and the information available.

If such preliminary civil relief is appropriate, all moving papers will be prepared at the same time as the pleading and will be filed simultaneously. Additionally, where a receivership is being sought, we will coordinate with the receiver to determine the plan for remediation and consult with Staff regarding that plan and adjust as they deem appropriate.

City of Lancaster
Re: Response to Request for Proposal for Legal Services January 27, 2026

Page 9 of 15 ends

DAPEER, ROSENBLIT & LITVAK LLP
Please keep in mind that the Firm must adhere to all timeframes mandated by law, as well as the filing procedures set by the Los Angeles County Superior Court - which may cause some delays beyond the control the Firm.

During the pendency of an action, Firm lawyers will continue to monitor the progress of remediation by a receiver or the responsible party. They will also interact with Staff to make certain that they are fully apprised of progress and to confirm that the City's goals are being met with respect to the subject property or activity. This review will occur on a weekly basis during the first two months of the action and thereafter adjusted as appropriate but in no event less than monthly.

Once the action has been commenced it is our practice to provide updates on developments as they occur. We will upon request provide a monthly or quarterly summary of all cases being handled by the firm.

The Firm is presently working on a client portal. Once established Staff will be able to access the Firm's case files. At present the Firm is functionally "paperless" and all case files are stored in the cloud. We estimate that the client portal will be operational in April 2026.

The Firm will also provide additional services as approved by the City. These would include, among other things, the following:

Regular office hours (virtual and/or in-person)
"All-hands" meetings for all lawyers and Staff
Ordinance review and preparation.
"Pitchess" motion defense.

Public Record Request review and consultation.

Work-Flow consulting and analysis.

Training and instruction.

Written resources and manuals.

Emergency Services available "24/7", including holidays.

Notwithstanding the commencement of legal enforcement proceedings, DRL will seek a voluntary settlement that preserves City resources while still achieving the City's goals of Code compliance, deterrence, and punishment, where such a resolution is not possible, DRL will take all necessary action to increase the likelihood of the enforcement action's success. Moreover, while not available in criminal proceedings, DRL will typically seek restitution for the City's enforcement costs and legal fees in administrative and civil enforcement proceedings.

II
II
II
City of Lancaster DAPEER, ROSENBLIT & LITVAK LLP
Re: Response to Request for Proposal for Legal Services January 27, 2026

Page 10 of 15 ends

6. Staffing:

In addition to James Eckart (Responsible Partner and Primary Contact) and William Litvak (Managing Partner), the following team members will be assigned to serve the City of Lancaster:

Kenneth Dapeer, admitted to California State Bar, 1976 [SBN 70575] Steven Rosenblit, admitted to California State Bar, 1976 [SBN 72435] Eric Markus, admitted to California State Bar, 2012 [SBN 281971] Lily Keenan, admitted to California State Bar, 2005 [SBN 240362] Sarah Edmiston, admitted to California Bar, 2024 [SBN 356745] Derick Manoukian, Associate, admitted to California Bar, 2025 [SBN 363906] Deepta Janardhan, admitted in New Jersey Bar, 2020 [SBN 309022020], and California Bar, 2025 [SBN 363213]
Jocelyn Corbett, Hearing officer designee [SBN 234086]
Wendy Kim, Paralegal
Sarah Chi, Administrative Assistant
Linda Hernandez, Administrative Assistant
Maria L. Martinez, Finance
State Bar License status for all team members serving the City are attached as Exhibit A.

7. Cost Proposal:

In order to allow the City to better allocate its resources, DRL does not require a monthly retainer. Rather, we would propose providing legal services to the Community Preservation Department on an hourly fee basis at the same rate as set forth in the current contract we have with the Cilv o(Lancaster (renewed in January 2025) - specifically, $245 per hour for all legal services. Paralegals, supervised by staff attorneys, are utilized when appropriate to reduce litigation expense to the city and are charged at the rate of $195.00 per hour.

Additionally, we would be reimbursed for any out-of-pocket expenses associated with our assignments as follows:

Attornev Service Charges: As incurred by DRL for the personal service of notices upon defendants or other parties to litigation matters, the filing of pleadings in court and the procurement of public records from governmental agencies or court reporters, when needed, for a particular case.

Commercial Data Base Providers: $25.00 per request/search, plus actual charges of the service provider.

City of Lancaster
Re: Response to Request for Proposal for Legal Services January 27, 2026

Page 11 of 15 ends

On-Line Legal Research Charges:

Postage and Courier Charges:

Copier Charges:

DAPEER, ROSENBLIT & LITVAK LLP
As incurred.

As incurred.

B& W $0.05/page; color $0.10/page.

Third Partv Expert Witness or Consulting Fee: As incurred.

As incurred.

Court Reporter or Transcript Fees:

Exhibit Preparation or Photograph Expense:

We do not add a surcharge to costs incurred with third parties. Advance approval is sought for all charges for experts, court reports, transcripts and other trial related expenses. A surcharge may be incurred in unique cases in the amount of $45.00 per hour upon request and with the approval of the City Manager/City Attorney.

8. Exceptions to Professional Services Agreement: The Firm has no exceptions.

9. Conflict oflnterest. DRL has no reportable conflict of interest with the City of Lancaster.

10. Insurance
DRL maintains and will maintain at all times insurance coverage required under the Request for Proposals with coverage limits as required by the City.

Levine Act Statement We have nothing to report under the California Levine Act. The California Levine Act Statement is attached as Exhibit B.

11. Firm Claims Experience:

We have no claims, past or present, to report.

12. Sample Relevant Clientele:

The following is a sample of the Firm's current client roster:

City of Agoura Hills, 1992 to the present
City of Bell Gardens, 2003 to the present
City of Beverly Hills, 1994 to the present
City of Big Bear Lake, 1997 to the present
City of Calabasas, 2002 to the present
City of Covina, 2008 to the present
City of Culver City, 2001 to the present
City of Lancaster
Re: Response to Request for Proposal for Legal Services January 27, 2026

Page 12 of 15 ends

City of Diamond Bar, 2003 to the present
City of Downey, 2005 to the present
City of Huntington Park, 1979 to the present
City of Inglewood, 2024 to the present
City of Montclair, 2006 to the present
City of Norwalk, 2004 to the present
City of Pomona, 1995 to the present
City of Rancho Cucamonga, 2021 to the present
City of Redlands, 2024 to the present
City of South Gate, 1991 to the present
City of West Hollywood, 1986 to the present
City of Westlake Village, 2004 to the present
List of References:

DAPEER, ROSENBLIT & LITVAK LLP
In accordance with the City's Request for Proposal, we hereby submit a partial list of references, including contact information.

CITY OF BEVERLY HILLS
Nestor Otazu
Code Enforcement Manager
Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
(310) 285-1173
[email protected]
Larry Wiener, Esq.

City Attorney
455 N. Rexford Drive
Beverly Hills, CA 90210
(213) 626 8484
[email protected]

CITY OF BIG BEAR LAKE
Erik Sund
City Manager
39707 Big Bear Blvd.

Big Bear Lake, CA 92315
(909) 866-5832
[email protected]

CITY OF CALABASAS
Sparky Cohen
Building Official
City of Lancaster
Re: Response to Request for Proposal for Legal Services January 27, 2026

Page 13 of 15 ends

Building and Safety - Code Enforcement
100 Civic Center Way
Calabasas, CA 91302
(818) 224-1708
[email protected]

CITY OF COVINA
Brian Lee
Community Development Director
125 E. College Street
Covina, CA 91 723
(626) 384-5400
[email protected]

CITY OF CULVER CITY
Heather Baker, Esq.

City Attorney
9770 Culver Boulevard
Culver City, CA 90232
(310) 253-6000
heather. [email protected]

CITY OF DIAMOND BAR
GregGubman
Community Development Director
21810 Copley Drive
Diamond Bar, CA 91765
(909) 839-7030
GGubman@DiamondBarCA. Gov

CITY OF DOWNEY
Irma Huitron, Director of Community Development
11111 Brookshire A venue
Downey, CA 90241
(562) 904-7151
[email protected]
Vince Rosario,
Lieutenant (Downey Police Department)
10911 Brookshire A venue
Post office Box 7016
Downey, CA 90241
(562) 904-2321
[email protected]

DAPEER, ROSENBLIT & LITVAK LLP
City of Lancaster
Re: Response to Request for Proposal for Legal Services January 27, 2026

Page 14 of 15 ends

CITY OF HUNTINGTON PARK
Ricardo Reyes
City Manager
6550 Miles A venue
Huntington Park, CA 90255
(323) 582-6161
[email protected]

CITY OF MONTCLAIR
Edward Starr, City Manager
5111 Benito Street
Montclair, CA 91763
(909) 625-9474
[email protected]
Brandon Kumanski, Lieutenant
Montclair Police Department
4870 Arrow Highway
Montclair, CA 91763
(909) 448-3605
[email protected]

CITY OF NORWALK
Ozzie Ramos
Deputy City Manager/Public Safety Director (Norwalk)
112700 Norwalk Blvd.

Norwalk, CA 90650
(562) 929-5732
[email protected]

CITY OF RANCHO CUCAMONGA
Lori Price,
Community Improvement Supervisor
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
(909) 774-4259
[email protected]
Zack Neighbors,
Director of Building and Safety Services Department
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
(909) 774-4214
[email protected]

DAPEER, ROSENBLIT & LITVAK LLP
City of Lancaster
Re: Response to Request for Proposal for Legal Services January 27, 2026

Page 15 of 15 ends

Additional references are available upon request.

DAPEER, ROSENBLIT & LITVAK LLP
We thank you for your consideration and sincerely hope that we may remain as the dedicated community preservation attorneys and City Prosecutor for Community Preservation for years to come, and we look forward to an expanding role in the City's efforts to improve the quality of life in its community. We welcome any questions you may have.

Respectfully Submitted,
By: ___ ~-----
Wi. iam Litvak
Managing Partner
Acceptance of Designation as Responsible Partner:

The undersigned agrees to act as the responsible attorney for all code enforcement services for the City of Lancaster an ccept management of all matters referred to the Firm.

A
J~, Senior Partner
2 3
2 9
Date: March 24, 2026

STAFF REPORT
City of Lancaster
CC 11
3/24/2026
TN
To: Mayor Parris and City Council Members
From: Patti Garibay, Director – Community Development
Becky Bartlett, Manager – Housing
Subject:Professional Services Agreement with LDM Associates, Inc. to Assist in the Administrative Services for the Housing Rehabilitation Program Recommendations:

1. Approve a Professional Services Agreement with LDM Associates, Inc. (LDM) to assist in the Administrative Services for the Housing Rehabilitation Program for a period of three (3) years with the option of two (2) one-year extensions.

2. Allocate $970,000 in Community Development Block Grant (CDBG) account 310.22000.5656 and $30,000 from General Fund account 101.22000.5312, for the contract not to exceed amount of $1,000,000 over the three-years plus optional two (2) one-year extensions.

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

G.C. Section 84308: No
Fiscal Impact:
$970,000 from 310.22000.5656 and $30,000 from 101.22000.5312, for the total contract amount not to exceed amount of $1,000,000 over the three-years plus optional two (2) one-year extensions, with an annual cap of $200,000 per year. Current fiscal year funding is available in listed accounts. Future years will be appropriated at budget. The Professional Services Agreement with LDM qualifies as an allowable administrative expense under United States Department of Housing and Urban Development (HUD) guidelines.

Background:

The City recognizes the importance of ensuring that residents live in safe, functional, and well- maintained homes. The Housing Rehabilitation Program (HRP) provides loans and grants to eligible low-income homeowners for essential repairs and improvements that enhance safety, accessibility, 2 3
2 9
long-term housing stability, and neighborhood appearance. Eligible activities include emergency and minor repairs, mobile home repairs, accessibility modifications, major system replacements, turf replacement, and exterior property improvements, helping preserve housing quality and support residents in remaining safely in their homes.

To secure professional program administration services, the City conducted a formal Request for Proposals (RFP) process. Proposals were reviewed and evaluated by an evaluator panel in accordance with the City’s procurement policies. Following a thorough evaluation of qualifications, experience, approach, and overall value, the panel determined that LDM was the most qualified and responsive firm, and the best option to administer the HRP.

The proposed Professional Services Agreement with LDM will enable the City to utilize LDM’s expertise to administer the HRP. LDM has served as the consultant for the HRP since 2023 and is highly familiar with the program’s structure, requirements, and day-to-day operations, as well as the City’s policies, procedures, and organizational processes. This experience ensures continuity, efficiency, and effective program delivery.

LDM’s responsibilities will include, but are not limited to, managing application intake and processing, monitoring and reporting program data, ensuring compliance with applicable grant requirements, and attending meetings as necessary to properly administer the program.

Funding for the proposed agreement, as well as program implementation, will be supported through grant funds designated for affordable housing and housing rehabilitation activities.

BB/ ah
Attachment:

Agreement for Professional Services LDM Administration of Housing Rehabilitation Program

- 1 -

Professional Services Agreement; 2023

AGREEMENT FOR PROFESSIONAL SERVICES

THIS AGREEMENT FOR PROFESSIONAL SERVICES is made and entered into this 24 day of March, 2026, by and between the CITY OF LANCASTER, a municipal corporation and charter city, (“City”), LDM Associates, 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:

Administration of Housing Rehabilitation Program (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: LDM Associates, Inc.

CITY City of Lancaster
Attn: Trolis Niebla, City Manager
44933 North Fern Avenue
Lancaster, California 93534

CONSULTANT LDM Associates, Inc.

Attn.: Rudy Munoz, Senior Executive Vice President
10722 Arrow Route, Suite 822
Rancho Cucamonga, CA 91730

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 -

Professional Services Agreement; 2023

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

5. Obligations of the City.

A. The City shall pay Consultant an amount not to exceed $1,000,000 ($200,000 per year) for all work necessary to complete the Services, as described in the Scope of Services and Rates Schedule. Payments shall be due within thirty (30) days following submittal of an invoice detailing the services performed, at the hourly rates set forth in Exhibit A.

6. Obligations of the Consultant.

A. Consultant shall perform as required by this Agreement and in accordance with the Scope of Services and Rates Schedule 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.

- 3 -

Professional Services Agreement; 2023
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.

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) additional 1-year terms to extend, 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.

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 ex pressly 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

- 4 -

Professional Services Agreement; 2023
Including Products/Completed Operations; Contractual Liability/Independent Contractors; Property Damage
(Coverage shall be at least as broad as ISO form CG2010 11/85 or CG2010 07/04 and CG2037 07/04 combined, or an equivalent providing ongoing and completed operations)

Commercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $1,000,000
(Coverage shall be at least as broad as ISO form CA00 01)

Workers Compensation
As Required by the State of California Statutory Limits

Employers’ Liability
Each Accident $1,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000
(A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation & Employers’ Liability policies)

Professional Liability
Each Occurrence $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.

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

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

- 5 -

Professional Services Agreement; 2023
(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:
“Administration of Housing Rehabilitation Program”
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 and Completion of Work . The Services to be provided by Consultant pursuant to t his Agreement shall commence immediately after execution of this Agreement and shall be completed within the next three to five years ; provided however, that the Parties may agree to extend the time for completion upon mutual written agreement.

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.

B. Consultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the execution of this Agreement. Upon any breach or violation of this warranty, 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.

- 6 -

Professional Services Agreement; 2023

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

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.

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

19. Exhibits.

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

Exhibit “A” Scope of Services and Rates Schedule

20. Governing Law.

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.]

- 7 -

Professional Services Agreement; 2023

- 8 -

Professional Services Agreement; 2023
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:

LDM ASSOCIATES, INC.

By:

Rudy Munoz, Senior Executive Vice President

Dated:

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney RM APPROVED

DEPARTMENT HEAD APPROVAL

Department Director

- 9 -

Professional Services Agreement; 2023

EXHIBIT A

SCOPE OF SERVICES

AND RATES SCHEDULE

STAFF REPORT
City of Lancaster
CC 12
3/24/26
TN
Date: March 24, 2026
To: Mayor Parris and City Council Members
From: Rodrick Armalin, Chief of Police - Lancaster Police Department Subject: Acceptance of California Board of State and Community Corrections - California Community Violence Intervention & Prevention Cohort 5 (CalVIP) Grant Award Recommendations:

1. Accept California Board of State and Community Corrections - CalVIP Cohort 5 grant award in the amount of $1,996,592.00, appropriating funds to revenue account LPDCALVIP.STATEOTHER.23030000.4998.

2. Appropriate funds to the following project expense strings for implementation of the CalVIP programs:
$708,992.00 to LPDCALVIPP.SAL 23030000.5101
$1,287,600.00 to LPDCALVIPP.MISCGRANTS 23030000.5656

3. Authorize the City Manager, or his designee, to execute the grant agreement including all necessary documents and provisions, subject to City Attorney approval.

G.C. Section 84308: No
Fiscal Impact:

No impact to the General Fund. The City has been awarded $1,996,592 through the BSCC California Community Violence Intervention and Prevention grant program. No matching funds or in-kind contributions are required.

Background:

In 2017, the California Board of State and Community Corrections (BSCC) established the California Community Violence Intervention and Prevention (CalVIP) grant program as an evidence-based violence reduction initiative. Over the past eight years, BSCC has awarded 4 cohorts.
2 3
3 1
As of July 2024, the program has benefited from an excise tax on the retail sales of firearms and ammunition, established by AB 28 (Gun Violence Prevention and School Safety Act). The first $75 million collected annually from this tax will be continuously appropriated to the BSCC for CalVIP, ensuring a dedicated and potentially substantial funding source for violence intervention initiatives.

In 2025, Cohort 5 opened to receive proposals. The City of Lancaster, through the Lancaster Police Department, developed a comprehensive grant application. The proposed project titled “The ECO System“ includes funding for a Focused Deterrence Officer and expands intervention programs for youth and targeted adults who may be vulnerable to gang and gun violence.

On February 12, 2026, the BSCC Board approved the Lancaster Police Department grant application and awarded funding in the amount of $1,996,592.00.

The Lancaster Police Department will use these funds to provide an integrated approach to safe passage services, outreach, credible messengers, case management, and focused deterrence. The proposed Community Violence Intervention (CVI) strategy will directly address the root causes and immediate threats of violence. With the CalVIP grant funding, Lancaster can enhance the ecosystem that reduces violence today while laying the foundation for long-term resilience and opportunity.

This report focuses on accepting and allocating funds in the amount of $1,996,592.00 from the California Board of State and Community Corrections for community violence intervention services.

RA/cm
Attachment:

Sample BSCC Standard Agreement

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID:

STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORIITY NUMBER (If Applicable) STD 213 (Rev 03/2019) BSCC XXX- 26

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTOR NAME
XXX

2. The term of this Agreement is:

START DATE
January 1, 2026

THROUGH END DATE
June 30, 2029

3. The maximum amount of this Agreement is:
$000,000.00

4. The parties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which are by this reference made a part of the Agreement.

EXHIBITS TITLE PAGES
Exhibit A Scope of Work x
Exhibit B Budget Detail and Payment Provisions x
Exhibit C General Terms and Conditions (04/2017) 4
Exhibit D

Special Terms and Conditions x
Attachment 1* California Violence Intervention & Prevention (CalVIP) Request for Proposals * Attachment 2 CalVIP Grant Proposal xx
Appendix A

CalVIP Executive Steering Committee x
Appendix B Criteria for Non-Governmental Organizations Receiving BSCC Program Funds x * This item is hereby incorporated by reference and can be viewed at: https://www.bscc.ca.gov/s_cpgpcalvipgrant/ IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)

GRANTEE NAME

CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
xxx xxx xx xxx

PRINTED NAME OF PERSON SIGNING TITLE
xxx xxx

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED


STATE OF CALIFORNIA

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Suite 200 Sacramento CA 95833

PRINTED NAME OF PERSON SIGNING TITLE
COLLEEN CURTIN Deputy Director

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED


CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL: EXEMPT PER SCM, VOLUME 1, CH. 4.06

1. GRANT AGREEMENT – California Violence Intervention & Prevention (CalVIP) Grantee
BSCC xxx-20

Page 2 of 4 ends

EXHIBIT A: SCOPE OF WORK
This Grant Agreement is between the State of California, Board of State and Community Corrections (hereafter referred to as BSCC) and Grantee Name (hereafter referred to as the Grantee or Contractor).

2. PROJECT SUMMARY AND ADMINISTRATION
A. The purpose of the CalVIP Grant is to improve public health and safety by supporting effective violence reduction initiatives in communities that are disproportionately impacted by community gun violence, as defined. (Pen. Code, § 14131, subd. (b).) B. Grantee agrees to administer the project in accordance with Attachment 1: California Violence Intervention & Prevention (CalVIP) Request for Proposals (incorporated by reference) and Attachment 2: CalVIP Grant Proposal, which are attached and hereto and made part of this agreement.

3. PROJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC's representative for administration of the Grant Agreement and shall have authority to make determinations relating to any controversies that may arise under or regarding the interpretation, performance, or payment for work performed under this Grant Agreement.

B. The Grantee’s project officials shall be those identified as follows:

Authorized Officer with legal authority to sign:

Name: xxx
Title: xxx
Address: xxx
Phone: xxx

Designated Financial Officer authorized to receive warrants:

Name: xxx
Title: xxx
Address: xxx
Phone: xxx
Email: xxx

Project Director authorized to administer the project:

Name: xxx
Title: xxx
Address: xxx
Phone: xxx
Email: xxx

C. Either party may change its project representatives upon written notice to the other party.

D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or she has full legal authority to bind the entity for which he or she signs.

4. DATA COLLECTION
Grantee
BSCC xxx-20

Page 3 of 4 ends

EXHIBIT A: SCOPE OF WORK
Grantees will be required to comply with all data collection and reporting requirements as described in Attachment 1: California Violence Intervention & Prevention Request for Proposals and Attachment 2: CalVIP Grant Proposal.

5. REPORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule:

Quarterly Progress Report Periods Due no later than:

1. January 1, 2026 to March 31, 2026 May 15, 2026

2. April 1, 2026 to June 30, 2026 August 15, 2026

3. July 1, 2026 to September 30, 2026 November 15, 2026

4. October 1, 2026 to December 31, 2026 February 15, 2027

5. January 1, 2027 to March 31, 2027 May 15, 2027

6. April 1, 2027 to June 30, 2027 August 15, 2027

7. July 1, 2027 to September 30, 2027 November 15, 2027

8. October 1, 2027 to December 31, 2027 February 15, 2028

9. January 1, 2028 to March 31, 2028 May 15, 2028

10. April 1, 2028 to June 30, 2028 August 15, 2028

11. July 1, 2028 to September 30, 2028 November 15, 2028

12. October 1, 2028 to December 31, 2028 February 15, 2029

Note: Project activity period ends December 31, 2028. The period of January 1, 2029 to June 30, 2029 is for completion of Final Local Evaluation Report and Program-Specific Compliance audit only.

B. Evaluation Documents Due no later than:

1. Local Evaluation Plan June 30, 2026

2. Final Local Evaluation Report June 30, 2029

C. Other Due no later than:

Program-Specific Compliance Audit Report June 30, 2029

6. PROJECT RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actions taken with respect to the project, including copies of this Grant Agreement, approved program/budget modifications, financial records and required reports.

B. The Grantee shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds, including grant funds and any matching funds by the Grantee and the total cost of the project.

Source documentation includes copies of all awards, applications, approved modifications, financial records and narrative reports.

C. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the grant, whether they are employed full -time or part-time. Time and effort reports are also required for all subcontractors and consultants.

Grantee
BSCC xxx-20

Page 4 of 4 ends

EXHIBIT A: SCOPE OF WORK
D. The grantee shall maintain documentation of donated goods and/or services, including the basis for valuation.

E. Grantee agrees to protect records adequately from fire or other damage. When records are stored away from the Grantee’s principal office, a written index of the location of records stored must be on hand and ready access must be assured.

F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the grant project and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and audit ing by the BSCC or designees. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records must be retained until the completion of the action and resolution of all issues which arise from it or until the end of the regular three-year period, whichever is later.

7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the CalVIP Executive Steering Committee (See Appendix A) from receiving funds from the CalVIP grants awarded under this RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the CalVIP ESC membership roster (see Appendix A) and ensuring that no grant dollars are passed through to any entity represented by the members of the Grant CalVIP ESC.

B. In cases of an actual conflict of interest with an ESC member, the Board may revoke the grant award and legal consequences could exist for the parties involved, including, but not limited to, repayment of the grant award.

8. STATE AUDIT REQUIREMENTS
Grantees are required to provide the BSCC with a program-specific compliance audit that covers the three-year service delivery period of the grant from January 1, 2026 to December 31, 2028. The audit report will be due no later than the end of the contract term, June 30, 2029. The program- specific compliance audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county’s or city’s project financial management functions. Expenses for this final audit may be reimbursed for actual costs up to $25,000.

Grantee
BSCC xxx-20

Page 1 of 4 ends

EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS

1. ADVANCE PAYMENTS
A. Grantees must be registered with the State Controller’s Office, complete a Government Agency Taxpayer ID Form, and any other required documentation before any advance payment can be issued. Within 45 days of the execution date of this agreement or a later date mutually agreed to by the parties, the BSCC shall disburse 20 percent of the total awarded funds to Grantee.

B. Grantee shall deposit grant funds into a banking account established by Grantee. Grant funds shall not be commingled with any other funds. Grantee must implement and maintain adequate financial tracking systems in accordance with generally accepted accounting principles, as set forth in the 2023 BSCC Grant Administration Guide, to ensure that the receipt, use, and disposition of grant funds can be fully and accurately documented and audited.

C. Any interest earned on the account must be reported. Earned interest is project income and may only be used for allowable expenses during the grant period. Grantee shall only use grant funds for allowable costs (see Exhibit B, “Project Costs”).

D. Grantee shall provide statements of expenditures and supporting documentation to the BSCC upon request and on a regular basis as set forth in the schedule below.

2. INVOICING AND PAYMENTS [GRANTEE SHALL CHOOSE MONTHLY OR QUARTERLY INVOICING]
A. The Grantee shall be paid in monthly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.

Monthly Invoicing Periods: Due no later than:

1. January 1, 2026 to January 31, 2026 March 15, 2026

2. February 1, 2026 to February 28, 2026 April 15, 2026

3. March 1, 2026 to March 31, 2026 May 15, 2026

4. April 1, 2026 to April 30, 2026 June 15, 2026

5. May 1, 2026 to May 31, 2026 July 15, 2026

6. June 1, 2026 to June 30, 2026 August 15, 2026

7. July 1, 2026 to July 31, 2026 September 15, 2026

8. August 1, 2026 to August 31, 2026 October 15, 2026

9. September 1, 2026 to September 30, 2026 November 15, 2026

10. October 1, 2026 to October 31, 2026 December 15, 2026

11. November 1, 2026 to November 30, 2026 January 15, 2027

12. December 1, 2026 to December 31, 2026 February 15, 2027

13. January 1, 2027 to January 31, 2027 March 15, 2027

14. February 1, 2027 to February 28, 2027 April 15, 2027

15. March 1, 2027 to March 31, 2027 May 15, 2027

16. April 1, 2027 to April 30, 2027 June 15, 2027

17. May 1, 2027 to May 31, 2027 July 15, 2027

18. June 1, 2027 to June 30, 2027 August 15, 2027
Grantee
BSCC xxx-20

Page 2 of 4 ends

EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS

19. July 1, 2027 to July 31, 2027 September 15, 2027

20. August 1, 2027 to August 31, 2027 October 15, 2027

21. September 1, 2027 to September 30, 2027 November 15, 2027

22. October 1, 2027 to October 31, 2027 December 15, 2027

23. November 1, 2027 to November 30, 2027 January 15, 2028

24. December 1, 2027 to December 31, 2027 February 15, 2028

25. January 1, 2028 to January 31, 2028 March 15, 2028

26. February 1, 2028 to February 28, 2028 April 15, 2028

27. March 1, 2028 to March 31, 2028 May 15, 2028

28. April 1, 2028 to April 30, 2028 June 15, 2028

29. May 1, 2028 to May 31, 2028 July 15, 2028

30. June 1, 2028 to June 30, 2028 August 15, 2028

31. July 1, 2028 to July 31, 2028 September 15, 2028

32. August 1, 2028 to August 31, 2028 October 15, 2028

33. September 1, 2028 to September 30, 2028 November 15, 2028

34. October 1, 2028 to October 31, 2028 December 15, 2028

35. November 1, 2028 to November 30, 2028 January 15, 2029

36. December 1, 2028 through December 31, 2028 February 15, 2029

Final Invoicing Period*: Due no later than:

37. January 1, 2029 to January 31, 2029 March 15, 2029

38. February 1, 2029 to February 28, 2029 April 15, 2029

39. March 1, 2029 to March 31, 2029 May 15, 2029

40. April 1, 2029 to April 30, 2029 June 15, 2029

41. May 1, 2029 to May 31, 2029 July 15, 2029

42. June 1, 2029 to June 30, 2029 August 15, 2029

*Note: Only expenditures associated with completion of the Final Local Evaluation Report and the Program-Specific Compliance Audit may be included on these invoices.

A. The Grantee shall be paid in quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.

Quarterly Invoicing Periods: Due no later than:

1. January 1, 2026 to March 31, 2026 May 15, 2026

2. April 1, 2026 to June 30, 2026 August 15, 2026

3. July 1, 2026 to September 30, 2026 November 15, 2026

4. October 1, 2026 to December 31, 2026 February 15, 2027

5. January 1, 2027 to March 31, 2027 May 15, 2027

6. April 1, 2027 to June 30, 2027 August 15, 2027

7. July 1, 2027 to September 30, 2027 November 15, 2027

8. October 1, 2027 to December 31, 2027 February 15, 2028

9. January 1, 2028 to March 31, 2028 May 15, 2028

10. April 1, 2028 to June 30, 2028 August 15, 2028
Grantee
BSCC xxx-20

Page 3 of 4 ends

EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS

11. July 1, 2028 to September 30, 2028 November 15, 2028

12. October 1, 2028 to December 31, 2028 February 15, 2029

Final Invoicing Periods: Due no later than:

13. January 1, 2029 to March 3, 2029 May 15, 2029

14. April 1, 2029 to June 30, 2029 August 15, 2029
*Note: Only expenditures associated with completion of the Final Local Evaluation Report and the Program-Specific Compliance Audit may be included on these last two invoices.

B. All project expenditures (excluding costs associated with the completion of the Final Local Evaluation Report and the Program -Specific Compliance audit) and all obligated match contributions must be incurred by the end of the grant project period, December 31, 2028 , and included on the invoice due February 15, 2029. Project expenditures incurred after December 31, 2028 will not be reimbursed.

C. The Final Local Evaluation Report is due to BSCC by June 30, 2029. Expenditures incurred for the completion of the Final Local Evaluation Report during the period of January 1, 2029 to June 30, 2029 must be submitted during the Final Invoicing Period(s), with the final invoice due on August 15, 2029. Supporting fiscal documentation will be required for all expenditures claimed on during the Final Invoicing Periods and must be submitted with the final invoice.

D. The program-specific compliance audit report is due to BSCC by June 30, 2029. Expenditures incurred for the completion of the program-specific compliance audit during the period of January 1, 2029 to June 30, 2029 must be submitted during the Final Invoicing Periods, with the final invoice due on August 15, 2029. Supporting fiscal documentation will be required for all expenditures claimed during the Final Invoicing Periods and must be submitted with the final invoice.

E. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not expended or requested during the invoicing period.

F. Upon the BSCC’s request, supporting documentation must be submitted for project expenditures.

Grantees are required to maintain supporting documentation for all expenditures on the project site for the life of the grant and make it readily available for review during BSCC site visits. See Exhibit A. Scope of Work, Item 6. Project Records.

3. ADVANCE PAYMENT RECONCILATION POLICY
A. For Grantees that receive an advance payment, the BSCC shall recover the outstanding advance payment balance over the first two years of the grant program. Recovery shall occur on a [quarterly/monthly] basis with fifty percent of the invoiced amount applied toward the outstanding advance payment balance. The remaining fifty percent of each invoiced amount will be reimbursed to the grantee for eligible expenses as set forth in this agreement. This recovery process shall continue until the total advance payment has been recouped and no later than 24 months after the execution of the grant agreement.

B. Grantees are expected to spend 50% of the advance payment in the first twelve months of the grant period. If a grantee has not spent and accounted for at least 30 percent of the advance payment within the first twelve months of the grant, grantees will be required to take corrective action. If the issue is unresolved after a reasonable period of time, the BSCC may apply 100 percent of claimed expenditures in subsequent invoices towards the advance payment until the full amount of the advanced payment is recovered.

Grantee
BSCC xxx-20

Page 4 of 4 ends

EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
C. If a grantee has not spent and accounted for 60 percent of the advance payment within the first eighteen months of the grant, the BSCC will withhold 100 percent of subsequent invoices until the full amount of the advanced payment is recovered.

D. If a grantee has not spent and accounted for 100 percent of the advance payment by the end of the second year of the grant, the BSCC will withhold 100 percent of subsequent invoices until the full amount of the advanced funds is recovered.

4. GRANT AMOUNT AND LIMITATION
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award. Grantee waives any and all claims against the BSCC, and the State of California on account of project costs that may exceed the sum of the grant award.

B. Under no circumstance will a budget item change be authorized that would cause the project to exceed the amount of the grant award identified in this Grant Agreement.

5. BUDGET CONTINGENCY CLAUSE
A. This grant agreement is valid and enforceable only if sufficient CalVIP funds are made available from the annual allocation from the Gun Violence Prevention and School Safety Fund , which is generated from the excise tax on the sale of guns and ammunition by gun manufacturers and dealers. (Rev. & Tax. Code, § 36005.) The Grantee agrees that the BSCC’s obligation to pay any sum to the grantee under any provision of this agreement is contingent upon the availability of sufficient funding in the Gun Violence Prevention and School Safety Fund. It is mutually agreed that if the Gun Violence Prevention and School Safety Fund of the current year and/or any subsequent years covered under this Grant Agreement does not allocate sufficient funds for the CalVIP program, this Grant Agreement shall be of no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement.

B. If CalVIP
funding is reduced or falls below estimates contained within the CalVIP Request for Proposals, the BSCC shall have the option to either cancel this Grant Agreement with no liability occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a reduced amount.

C. If BSCC cancels the agreement pursuant to Paragraph 5(B) or Grantee does not agree to an amendment in accordance with the option provided by Paragraph 5(B), it is mutually agreed that the Grant Agreement shall have no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shal l not be obligated to perform any provisions of this Grant Agreement except that Grantee shall be requir ed to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement.

6. PROJECT COSTS
A. Grantee is responsible for ensuring that actual expenditures are for eligible project costs. “Eligible” and “ineligible” project costs are set forth in the July 2023 BSCC Grant Administration Guide, which can be found under Quick Links here:
https://www.bscc.ca.gov/s_correctionsplanningandprograms/ Grantee
BSCC xxx-20

Page 5 of 4 ends

EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
B. The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein.

To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail.

C. Grantee is responsible for ensuring that invoices submitted to the BSCC claim actual expenditures for eligible project costs.

D. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions or commitments of this Grant Agreement.

E. Grant funds must be used to support new program activities or to augment existing funds that expand current program activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose. Violations can result in recoupment of monies provided under this grantor suspension of future program funding through BSCC grants.

7. PROMPT PAYMENT CLAUSE Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

8. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement.

B. At such time as the balance of state funds allocated to the Grantee reaches five percent (5%), the BSCC may withhold that amount as security, to be released to the Grantee upon compliance with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final progress report; and 3) submittal and approval of any additional required reports, including but not limited to the Final Local Evaluation Report and the Program-Specific Compliance audit.

C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee.

D. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding.

9. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with Grantee
BSCC xxx-20

Page 6 of 4 ends

EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

10. PROJECT BUDGET
Budget Line Item Grant Funds

1. Salaries and Benefits $0

2. Services and Supplies $0

3. Professional Services/Independent Contractors $0

4. Public Agency Subcontractors $0

5. Non-Governmental Organization (NGO) Subcontractors
Providing Direct Services $0

6. Equipment/Fixed Assets $0

7. Other (Travel, Staff Training, etc.) $0

8. Indirect Costs $0
TOTAL $0
Grantee
BSCC xxx-20

Page 1 of 4 ends

EXHIBIT C: GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement.

Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State rega rdless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

Grantee
BSCC xxx-20

Page 2 of 4 ends

EXHIBIT C: GENERAL TERMS AND CONDITIONS

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing A ct (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135- 11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.

Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the norm al business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.

B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of Grantee
BSCC xxx-20

Page 3 of 4 ends

EXHIBIT C: GENERAL TERMS AND CONDITIONS
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action aros e and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.

See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION A ND DVBE PARTICIPATION REPORTING REQUIREMENTS:

A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt.

Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment Grantee
BSCC xxx-20

Page 4 of 4 ends

EXHIBIT C: GENERAL TERMS AND CONDITIONS
under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVB E(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defi ned in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
Grantee
BSCC xxx-20
Page x of x
EXHIBIT D: SPECIAL TERMS AND CONDITIONS

1. GRANTEE’S GENERAL RESPONSIBILITY
A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and approval by the BSCC are solely for the purpose of proper administration of grant funds and shall not be deemed to relieve or restrict the Grantee’s responsibility.

B. Grantee is responsible for the performance of all project activities identified in Attachment 1:

CalVIP Request for Proposals and Attachment 2: CalVIP Grant Proposal.

C. Grantee shall immediately advise the BSCC of any significant problems or changes that arise during the course of the project.

2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable State laws, rules and regulations, and all applicable local ordinances.

B. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: CalVIP Request for Proposal and Attachment 2: CalVIP Grant Proposal, documents, amendments, approved modifications, and communications filed in support of its request for grant funds.

C. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work.

3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, t he Grantee may subcontract for services needed to implement and/or support program activities. Grantee agrees that in the event of any inconsistency between this Grant Agreement and Grantee’s agreement with a subcontractor, the language of this Grant Agreement will prevail.

B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the BSCC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in the CalVIP RFP and described in Appendix B.

D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained.

E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee’s subcontractors to:

1) Books and Records
Grantee
BSCC xxx-20
Page x of x
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in s uch detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under t he Grant Agreement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees.

2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated represen tatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records relat ed to the grant -funded project.

4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant period.

5. ACCOUNTING AND AUDIT REQUIREMENTS
A. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant Agreement shall be in accordance with generally accepted accounting principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail. Supporting documentation shall permit the tracing of transactions from such documents to relevant accounting records, financial reports and invoices.

B. Grantees are required to provide the BSCC with a program-specific compliance audit that covers the three-year service delivery period of the grant from January 1, 2026 to December 31, 2028. The audit report will be due no later than the end of the contract term, June 30, 2029.

The program-specific compliance audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county’s or city’s project financial management functions. Expenses for this final audit may be reimbursed for actual costs up to $25,000.

C. The BSCC reserves the right to call for a program or financial audit at any time between the execution of this Grant Agreement and three years following the end of the grant period. At any time, the BSCC may disallow all or part of the cost of the activit y or action determined to not be in compliance with the terms and conditions of this Grant Agreement or take other remedies legally available.

6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to grantees that have been:

Grantee
BSCC xxx-20
Page x of x
EXHIBIT D: SPECIAL TERMS AND CONDITIONS

1. debarred by any federal, state, or local government entities during the period of debarment; or

2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.

Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.

BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consi der a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.

All Grantees must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required as Attachment E of the original Proposal Package).

7. MODIFICATIONS No change or modification in the project will be permitted without prior written approval from the BSCC. Changes may include modification to project scope, changes to performance measures, compliance with collection of data elements, and other significant changes in the budget or program components contained in Attachment 1: CalVIP Request for Proposal and Attachment 2: CalVIP Grant Proposal.

A. TERMINATION
This Grant Agreement may be terminated by the BSCC at any time after grant award and prior to completion of project upon action or inaction by the Grantee that constitutes a material and substantial breech of this Grant Agreement. Such action or inaction includes but is not limited to:
1) substantial alteration of the scope of the grant project without prior written approval of the BSCC;
2) refusal or inability to complete the grant project in a manner consistent with Attachment 1:

CalVIP Request for Proposal and Attachment 2: CalVIP Grant Proposal , or approved modifications;
3) failure to provide the required local match share of the total project costs; and 4) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and reporting requirements of the Grant Agreement.

B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the Grantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Grantee may appeal the termination decision in ac cordance with the instructions listed in Exhibit D: Special Terms and Conditions, Number 8. Settlement of Disputes.

8. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Grant Grantee
BSCC xxx-20
Page x of x
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Programs Division Deputy Director a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Grant Agreement. Grantee’s written demand shall be fully supported by factual information. The BSCC Corrections Planning and Grant Programs Division Deputy Director shall have 30 days after receipt of Grantee’s written demand invoking this Section “Disputes” to render a written decision. If a written decision is not rendered within 30 days after receipt of the Grantee’s demand, it shall be deemed a decision adverse to the Grantee’s contention. If the Grantee is not satisfied with the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30- day period in the event no decision is rendered), to the BSCC Executive Director, who shall have 45 days to render a final decision. If the Grantee does not appeal the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in court, or with the Victims Com pensation Government Claims Board, for failure to exhaust Grantee’s administrative remedies.

B. Pending the final resolution of any dispute arising under, related to or involving this Grant Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agr eement. Grantee’s failure to diligently proceed in accordance with the State’s instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement.

C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Executive Director, if an appeal was made. If the Executive Director fails to render a final decision within 45 days after receipt of the Grantee’s appeal for a final decision, it shall be deemed a final decision adverse to the Grantee’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.

D. The dates of decision and appeal in this section may be modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction.

9. UNION ACTIVITIES
For all agreements, except fixed price contracts of $50,000 or less, the Grantee acknowledges that applicability of Government Code §§16654 through 16649 to this Grant Agreement and agrees to the following:

A. No State funds received under the Grant Agreement will be used to assist, promote or deter union organizing.

B. Grantee will not, for any business conducted under the Grant Agreement, use any State property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the State property is equally available to the general public for holding meetings.

C. If Grantee incurs costs or makes expenditures to assist, promote or deter union organizing, Grantee will maintain records sufficient to show that no reimbursement from State funds has been sought for these costs, and that Grantee shall provide those records to the Attorney General upon request.

Grantee
BSCC xxx-20
Page x of x
EXHIBIT D: SPECIAL TERMS AND CONDITIONS

10. WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.

Grantee
BSCC xxx-20
Page x of x
APPENDIX A: CalVIP EXECUTIVE STEERING COMMITTEE ROSTER

2024 CalVIP Executive Steering Committee for Cohort 5

Name Title & Organizational Affiliation From
1 Janet Gaard, Chair Retired Judge & Board Member, BSCC Sacramento 2 Mike Villegas Lieutenant, Palm Springs Police Department Palm Springs 3 Ari Freilich Director, Office of Gun Violence Prevention, CA Department of Justice Sacramento
4 Mike McLively Policy Director, Giffords Center on Violence Intervention San Francisco
5 Refujio “Cuco” Rodriguez Hope And Heal Fund San Louis Obispo
6 Thaddeus Smith III African American Black Parent Advisory Chairperson, Stockton Unified School District Stockton
7 Dr. David Richardson Retired Los Angeles
8 Greg Fidell Combating Crimes and Guns Initiative Senior Manager, Brady Center to Prevent Gun Violence Los Angeles
9 Brian Barnes Assistant Sheriff, San Joaquin County San Joaquin County
10 Elena Costa Violence Prevention Program Section Chief California Department of Public Health Sacramento
11 Keycha Gallon CEO & Founder, Keyz 2 The Future Non-Profit Organization Bay Area
12 Dr. Adrienne Hillman Program Officer, Trauma Prevention Partnerships, California Community Foundation Los Angeles

STAFF REPORT
City of Lancaster
CC 13
3/24/2026
TN
Date:March 24, 2026
To: Mayor Parris and City Council Members
From:Andrea Alexander, City Clerk
Subject:Adoption of Resolution Regarding Regular City Council Meetings Recommendation:

1. Adopt Resolution No. _______, setting the regular meeting day and time of the Lancaster City Council.

2. Authorize the City Manager, or his designee, to execute and sign all documents necessary to implement this change.

G.C. Section 84308: No
Fiscal Impact:

None.

Background:

The proposed resolution cancels the May 5, 2026 City Council meeting and establishes a regular meeting on April 28, 2026 at 1:30 p.m. The proposed date change allows for the elections official to certify the results to the governing body prior to the fourth Friday after the April 14, 2026 election as required by California Elections Code §10262 (a). The proposed date also allows for the installation of a new Vice Mayor and appointment to various boards and committees.

On December 8, 2015, the City Council approved Resolution 15-67, which continued to eliminate the second meetings in November and December due to the Thanksgiving and Christmas holidays. Resolution 15-67 also eliminated the need to take future action of canceling the second meeting in April during election months by establishing the City Council meeting for April to only take place on the fourth Tuesday. Additionally, holding the City Council meeting on the fourth Tuesday of April provided for a break during the Easter season each year.

Adoption of Resolution No. 21-60 allowed the City of Lancaster to continue cancellation of the second meeting in April during non-election years. It also allowed adjustments during election years to include the cancellation of April meetings for Joint Power Authority Members to attend the April scheduled Antelope Valley Fair. Furthermore, during election years, this resolution allowed for the holding of a meeting on the first and fourth Tuesday in May. Resolution No. 21- 60 continued the cancellation of the second meeting in November and December, allowed the cancellation of the second meeting in September in observance of the Antelope Valley Fair, and the cancellation of the second meeting in July to allow for a summer break.

Adoption of Resolution No. 24-25 allowed the City of Lancaster to continue its established practices regarding meeting schedules, including the cancellation of the second meetings in November and December, the April adjustments during election years, and the additional cancellations during the summer and in observance of local events.

Adoption of Resolution No. 24-68 established the regular City Council meeting time of 1:30 p.m. on the 2nd and 4th Tuesday of each month. In addition, the proposed resolution changed the time of the December City Council meeting from 1:30 p.m. to 5:00 p.m. The proposed time change allowed the opportunity to recognize students within the community and present the annual bike giveaway. Furthermore, in order to observe Veterans Day, the proposed resolution changed the date and time of the November 2025 City Council meeting to the third Tuesday of the month at 1:30 p.m. instead of the 2nd Tuesday of November 2025 at 5:00 p.m.

Staff recommends adopting this resolution to change the meeting day and time to avoid placing these items before Council each year. A special meeting of the City Council may be called at any time by the Mayor, or by three members of the City Council, as established in the Ralph M.

Brown Act.

Attachment:

Resolution No.

RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA, REPEALING RESOLUTION NO. 24-25

AND ESTABLISHING THE MEETING DAY AND TIME OF THE

LANCASTER CITY COUNCIL
WHEREAS, Government Code Section 54954(a) provides that the legislative body of a local agency shall provide, by ordinance, resolution, bylaws, or by whatever other rule is required for the conduct of business by that body, the time and place for holding regular meetings; and WHEREAS, the City Council of the City of Lancaster (the “City Council”) did duly pass and adopt Resolution No. 86-175 on November 3, 1986 and did thereby establish a City Council Procedure which, among other things, established the date and time for holding regular meetings of the City Council; and
WHEREAS, the City Council did duly pass and adopt Resolution No. 98-91 on June 9, 1998 repealing Resolution No. 86-175 and established City Council Procedures including the date and time for holding regular meetings of the City Council; and WHEREAS, the City Council did duly pass and adopt Resolution No. 08-48 on June 10, 2008 and did thereby establish the meeting time of the City Council; and WHEREAS, the City Council did duly pass and adopt Resolution No. 13-50 on September 10, 2013 and did thereby establish the meeting time of the City Council; and WHEREAS, the City Council did duly pass and adopt Resolution No. 15-67 on December 18, 2015 and did thereby establish the meeting time of the City Council; and WHEREAS, the City Council did duly pass and adopt Resolution No. 21-60 on December 14, 2021, and did thereby establish the meeting time of the City Council; and WHEREAS, the City Council did duly pass and adopt Resolution No. 24-25 on June 11, 2024, and did thereby establish the meeting time of the City Council; and WHEREAS, the City Council did duly pass and adopt Resolution No. 24-68 and amend the regular meeting time from 5:00 p.m. to 1:30 p.m. on the 2nd and 4th Tuesday of each month to enhance accessibility and participation in City Council meetings; and WHEREAS, the City Council did duly pass and adopt Resolution No. 24-68 in order to provide that, beginning with the City Council meeting to be held January 14, 2025:
a. regular meetings of the City Council shall be held at 1:30 PM on the 2nd and 4th Tuesday of January, February, June, August and October; b. for the month of March, regular meetings of the City Council shall be held on the second Tuesday of the month at 5:00 PM and on the fourth Tuesday of the month at 1:30 PM;
c. regular meetings of the City Council shall be held at 1:30 PM only on the second Tuesday of the month for the months of July, September and November; 6 2
0 1
d. for the month of December, the regular meeting of the City Council shall be held at 5:00 PM on the second Tuesday of the month;
e. during election years, no regular meetings of the City Council shall be held during the month of April but will be held on the first and fourth Tuesday in May at 1:30 PM (and there will be no meeting on the second Tuesday in May); f. in non-election years, regular meetings of the City Council shall be held at 1:30 PM only on the second Tuesday of the month for the month of April and the second and fourth Tuesdays in May.
g. the City Council shall hold a regular meeting on November 18, 2025, at 1:30PM.

WHEREAS, the City Council wishes to repeal Resolution No. 24-68 in order to provide that:
a. regular meetings of the City Council shall be held at 1:30 PM on the 2nd and 4th Tuesday of January, February, June, August and October; b. for the month of March, regular meetings of the City Council shall be held on the second Tuesday of the month at 5:00 PM and on the fourth Tuesday of the month at 1:30 PM;
c. regular meetings of the City Council shall be held at 1:30 PM only on the second Tuesday of the month for the months of July, September and November; d. for the month of December, the regular meeting of the City Council shall be held at 5:00 PM on the second Tuesday of the month;
e. during election years, no regular meetings of the City Council shall be held during the month of April but will be held on the first and fourth Tuesday in May at 1:30 PM (and there will be no meeting on the second Tuesday in May); f. in non-election years, regular meetings of the City Council shall be held at 1:30 PM only on the second Tuesday of the month for the month of April and the second and fourth Tuesdays in May.
g. Notwithstanding paragraph e, above, the City Council shall hold a regular meeting on April 28, 2026 at 1:30 PM.
h. The City Council shall cancel the regularly scheduled meeting of May 5, 2026.

WHEREAS, this change aims to ensure that City Council meetings are more convenient and productive for all attendees, aligning with the City’s commitment to inclusive and effective governance; and

NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, STATE OF CALIFORNIA:

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

Section 2. That Resolution No. 24-68 is hereby repealed in its entirety. 6 2
0 1
Section 3. Commencing with the regular City Council meeting to be held April 28, 2026:
a. regular meetings of the City Council shall be held at 1:30 PM on the 2nd and 4th Tuesday of January, February, June, August and October; b. for the month of March, regular meetings of the City Council shall be held on the second Tuesday of the month at 5:00 PM and on the fourth Tuesday of the month at 1:30 PM;
c. regular meetings of the City Council shall be held at 1:30 PM only on the second Tuesday of the month for the months of July, September and November; d. for the month of December, the regular meeting of the City Council shall be held at 5:00 PM on the second Tuesday of the month;
e. during election years, no regular meetings of the City Council shall be held during the month of April but will be held on the first and fourth Tuesday in May at 1:30 PM (and there will be no meeting on the second Tuesday in May); f. in non-election years, regular meetings of the City Council shall be held at 1:30 PM only on the second Tuesday of the month for the month of April and the second and fourth Tuesdays in May.
g. Notwithstanding paragraph e, above, the City Council shall hold a regular meeting on April 28, 2026 at 1:30 PM.
h. The City Council shall cancel the regularly scheduled meeting of May 5, 2026.

Section 4. That the provisions of this Resolution shall become effective upon adoption.

Section 5. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. 6 2
0 1
6 2
0 1
PASSED, APPROVED and ADOPTED this 24th day of March, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ ______________________________ ANDREA ALEXANDER, CMC R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
6 2
0 1
6 2
0 1
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }ss
CITY OF LANCASTER }

CERTIFICATION OF RESOLUTION

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

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

STAFF REPORT
City of Lancaster
CC 14
3/24/2026
TN
Date: March 24, 2026
To: Mayor Parris and City Council Members
From: Rodrick Armalin, Director of Public Safety
Subject:Approval of the purchase of 10 Portable and 9 Mobile Motorola Radios Recommendation:

Approve the purchase of 10 Portable and 9 Mobile Motorola Radios from Motorola Solutions using the Los Angeles County contract number 18105, LA COUNTY, CA MA-IS-2240228.

Fiscal Impact:
$236,123.09 as per the attached Motorola Solutions Quote #2209536 to be paid from account 10130000.8100.

Background:

Lancaster Police Department will be taking on traffic enforcement operations and will be hiring additional officers which will require 10 additional Motorola portable radios and 9 mobile radios. These radios are the same radios the City standardized on in 2024 for the new police department. The Motorola APX8000 series radios are compatible with the Los Angeles Sheriff Department and Los Angeles Regional Interoperable Communication System (LARICS) which operates the communications towers used by the Police Department. This radio communication allows for staff to work seamlessly with the Sheriff and provide better safety services to the City’s residents.

Staff leveraged the Los Angeles County contract number 18105, MA-IS2240228, to achieve the best possible value for the City of Lancaster.

RA:CR :jah
Attachement:

Motorola Solutions Quote #3531362

QUOTE-3531362

LANCASTER, CITY OF
10 APX8000 & 9 APX8500
03/04/2026

The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entity providing this quote (“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola.

MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved.

03/04/2026

LANCASTER, CITY OF
44933 N FERN AVE
LANCASTER, CA 93534

RE: Motorola Quote for 10 APX8000 & 9 APX8500
Dear Joe Haggard,

Motorola Solutions is pleased to present LANCASTER, CITY OF with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulfill your communications needs.

This information is provided to assist you in your evaluation process. Our goal is to provide LANCASTER, CITY OF with the best products and services available in the communications industry. Please direct any questions to Jeff Ashton at [email protected].

We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote.

Sincerely,

Jeff Ashton
Senior Account Manager

QUOTE-3531362

Billing Address:

LANCASTER, CITY OF
44933 N FERN AVE
LANCASTER, CA 93534
US

Shipping Address:

LANCASTER, CITY OF
44933 N FERN AVE
LANCASTER, CA 93534
US

Quote Date:03/04/2026
Expiration Date:05/03/2026
Quote Created By:

Jeff Ashton
Senior Account Manager
jeff.ashton@
motorolasolutions.com
954-605-3762
End Customer:

LANCASTER, CITY OF
Joe Haggard
[email protected]
661-723-6060

Contract: 18105 - LA COUNTY, CA MA-
IS-2240228

Summary:

Any sales transaction resulting from Motorola's quote is based on and subject to the applicable Motorola Standard Terms and Conditions, notwithstanding terms and conditions on purchase orders or other Customer ordering documents.

Motorola Standard Terms and Conditions are found at www.motorolasolutions.com/product-terms.

Line #

Item Number

Description

Qty

List Price

Sale Price

Ext. Sale Price

APX™ 8000 Series

APX8000

1 H91TGD9PW7AN

PORTABLE RADIO APX 8000
ALL BAND MODEL 3.5

10 $8,651.00

$6,315.23

$63,152.30

QA09012AA

ADD: MISSION CRITICAL

GEOFENCING

10 $177.00

$129.21

$1,292.10

Q806CB

ADD: ASTRO DIGITAL CAI

OPERATION

10 $607.00

$443.11

$4,431.10

Q361AN

ADD: P25 9600 BAUD

TRUNKING

10 $353.00

$257.69

$2,576.90

QA00580AA

ADD: TDMA OPERATION

10 $530.00

$386.90

$3,869.00

Q15AJ

ADD: AES/DES-XL/DES-OFB

ENCRYPTION AND ADP

10 $941.00

$686.93

$6,869.30

QA03400AA

DEL: FCC NARROWBANDING

MANDATE

10 $0.00

$0.00

Q887AU

ADD: 5Y ESSENTIAL SERVICE

10 $306.00

$306.00

$3,060.00

QA09008AA

ADD: GROUP SERVICES

10 $177.00

$129.21

$1,292.10

QA09007AA

ADD: OUT OF THE BOX WIFI

PROVISIONING

10 $0.00

$0.00

QUOTE-3531362
10 APX8000 & 9 APX8500

Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 3 ends

Lancaster City CouncilMarch 24, 2026

Lancaster City Council
March 24, 2026