Agenda packet — Lincoln City Council, April 14, 2026 (part 1 of 3)

2026 REGULAR MEETING - CITY COUNCIL / LINCOLN REDEVELOPMENT

SUCCESSOR AGENCY / LINCOLN PUBLIC FINANCING AUTHORITY
April 14, 2026

CITY OF LINCOLN
2026 REGULAR MEETING - CITY COUNCIL /

LINCOLN REDEVELOPMENT SUCCESSOR AGENCY
/ LINCOLN PUBLIC FINANCING AUTHORITY
April 14, 2026

AS A COURTESY, PLEASE TURN OFF ALL CELL PHONES & ELECTRONIC DEVICES DURING THE MEETING -COUNCIL MEETING AGENDA-
6:00 PM
Mayor Richard Pearl
Mayor Pro Tem Whitney Eklund Councilmember Holly Andreatta Councilmember Ben Brown Councilmember John Reedy City Hall (Extremely Limited Seating Capacity)
3rd Floor Council Chambers
600 Sixth Street
Lincoln, CA 95648
or attend via
ZOOM
register by using this link:
https://us06web.zoom.us/webinar/register/WN_BuE0s3EcQD-zsbFvqIr9eQ or participate by calling US: +1 (669) 900-6833
use ID #867 6709 0429
and use *9 to raise hand to speak
600 Sixth Street
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Lincoln, CA 95648
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www.lincolnca.gov

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916-434-2400 1

1. CLOSED SESSION - 5:00pm

2. CALL TO ORDER

EXECUTIVE TEAM

Sean Scully, City Manager
Douglas White, Special Counsel
Nita Wracker, Asst. City Manager / Finance Director
Matt Alves, Police Chief
Jennifer Brown, Chief Innovation & Tech. Officer
Vin Cay, City Engineer
Erin Frye, Econ. Dev. & Communication Specialist
Kathryn Hunt, Library Services Director
Hope Ithurburn, City Clerk
Matthew Medill, Public Works Director
Veronica Rodriguez, Human Resources Director
Anthony Mejia, Fire Chief
MISSION STATEMENT:

To provide the highest level of service responsive to our community’s expectations and to enhance the quality of life and economic vitality.

THE FOLLOWING INFORMATION IS PROVIDED TO ASSIST WITH PUBLIC PARTICIPATION:

Americans with Disabilities Act (ADA):

In compliance with the ADA, if you need special assistance to participate in this meeting or other services in conjunction with this meeting, please contact the City Clerk’s Office at (916) 434-2490. The meeting room is wheelchair accessible and disabled parking is available. Notification at least 48 hours prior to the meeting or time when services are needed will assist City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting or service.

Agenda Availability:

The main posting location of the City Council Agenda pursuant to the Brown Act, Government Code § 54954.2(a) is on the public kiosk outside the entrance of City Hall, 600 6th Street, Lincoln, California. City Council Agenda Packets are available for review at the City Clerk’s Office, 600 6th Street, Lincoln, California, and “Live and Archived” meetings, minutes and videos are available on the City’s website at www.Lincolnca.gov. City Council Meetings are televised live 6:00PM on Cable channel 18.

Public Input:

Persons wishing to address the City Council are asked to voluntarily complete and submit a speaker card to City staff. Speaker cards are available near the entrance of the meeting location. Persons wishing to address the City Council on an item appearing on this agenda will be called upon at the appropriate time during the item’s consideration. Persons wishing to address the City Council on an item not appearing on the agenda will be called upon during “Public Comment on Non-Agenda Items.” In either case, please stand to be recognized by the Mayor when your name is called. Please note:
comments from the audience without coming to the podium may be disregarded or ruled out of order. All speakers' time will be limited to three (3) minutes, unless extended by the Mayor. All comments or questions should be addressed to the Mayor and in most cases, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda, but may engage in brief discussion, provide direction to City staff, or schedule items for future meetings.

Special Meeting Public Input:

Only issues listed on a special meeting agenda may be addressed pursuant to the Brown Act’s regulation of Special Meetings.

Consent Agenda
: All matters on the Consent Agenda are considered routine business and will be enacted by one motion.

There will be no separate discussion of these items unless a member of the City Council requests a specific item be removed from the Consent Agenda for separate action. Any items removed will be considered after the remainder of the Consent Agenda.

Judicial Review
: Pursuant to applicable laws and regulations, including without limitation, California Government Code § 65009 and/or California Public Resources Code § 21177, if you wish to challenge in court any of the decisions made by the City Council, including any action regarding planning, zoning or environmental decisions, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.

1.A

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code §54956.9
Name of Case: (City of Lincoln v. The Gathering Inn, et al., Placer Superior Court Case No. S- CV-0053711)

1.B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Gov. Code Section, §54956.9(d)(2):

One (1) Potential Case

600 Sixth Street
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Lincoln, CA 95648
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www.lincolnca.gov

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916-434-2400 2

3. ROLL CALL

4. PUBLIC COMMENT (CLOSED SESSION AGENDA ITEMS ONLY)

5. CALL TO ORDER

6. ROLL CALL

7. REPORT FROM CLOSED SESSION (if any)

8. PLEDGE OF ALLEGIANCE

9. CONFLICT OF INTEREST

10. AGENDA MODIFICATIONS

11. PRESENTATIONS

12. PUBLIC COMMENT ON NON-AGENDA ITEMS WITHIN THE SUBJECT MATTER JURISDICTION OF THE COUNCIL *
All speakers' time will be limited to three (3)
minutes, unless extended by the Mayor. All comments or questions should be addressed to the Mayor and in most cases, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda, but may engage in brief discussion, provide direction to City staff, or schedule items for future meetings.

13. CONSENT

14. PUBLIC HEARINGS

15. GENERAL BUSINESS

GENERAL SESSION - 6:00pm

INSPIRATION OR INVOCATION

13.A
Approval of Meeting Minutes of March 24, 2026 Regular City Council Meeting. (Hope Ithurburn)

13.B
Adopt a Resolution Authorizing the Acceptance of a Donation from the Lincoln Public Safety Foundation of a 2024 Suzuki DRZ400 Dual Purpose Motorcycle and Four (4) Automated External Defibrillators for Use by the Lincoln Police Department. (Brett Schneider)

13.C
Adopt a Resolution Authorizing the City Manager to Execute a Contract with Francisco & Associates (F&A) for District Engineering Services. (Angela Frost)

14.A
Waive Full Reading and Introduce by Title Only an Ordinance of the City of Lincoln Amending Certain Sections of Lincoln Municipal Code Chapter 3.24 - Contracts and Purchasing and Chapter 3.26 - Public Projects Subject to the Public Contract Code and Further Finding the Ordinance is Exempt From Environmental Review Under the California Environmental Quality Act (CEQA). (Nita Wracker)

15.A
Adopt a Resolution Accepting a Fiscal Impact Analysis of Community Facility District (CFD) 2018-2 and Authorizing a Maximum Tax within the CFD Project Area. (Nita 600 Sixth Street
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Lincoln, CA 95648
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www.lincolnca.gov

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916-434-2400 3

16. CITY MANAGER REPORTS

17. COUNCIL INITIATED BUSINESS

18. COMMITTEE REPORTS

19. INFORMATION ITEMS

20. ADJOURNMENT
Wracker)

15.B
Adopt a Resolution Authorizing the Issuance of the City of Lincoln Community Facilities District No. 2005-1 Special Tax (Sorrento Village) Special Tax Refunding Bonds, Series 2026. (Nita Wracker)

NOTE:

Materials related to an item on this Agenda submitted to the Council/Redevelopment Successor Agency after distribution of the agenda packet are available for public inspection in the City Clerk's office at 600 Sixth Street, Lincoln, CA during normal business hours. Such documents are also available on the City of Lincoln's website at
https://www.lincolnca.gov/
subject to staff's availability to
post the documents before the meeting.

In compliance with the American with Disabilities Act, the City will provide special assistance for disabled members of the public. The meeting room is wheelchair accessible and disabled parking is available. If you have a disability and need a disability-related modification or accommodation to participate in the meeting, please contact the City Clerk's Office at (916) 434-2490. As a courtesy, please make every effort to inform the Clerk of your needs at least 24 hours prior to the meeting so the City may make reasonable arrangements to ensure accessibility to this meeting.

Pursuant to applicable laws and regulations, including without limitation, California Government Code Section 65009 and/or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisions (including any action regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.

Levine Act Provisions --
The Levine Act requires a party (or the party's agent(s)) to a proceeding before the City of Lincoln that involves any action or consideration to their contract, license, permit, or other entitlement for use, to disclose any campaign contribution made to City elected or appointed officer totaling more than $500 within the 12 months before the City decision. This includes contributions to Councilmembers, Planning Commissioners and members of other City boards and commissions.
600 Sixth Street
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Lincoln, CA 95648
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www.lincolnca.gov

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916-434-2400 4
SUBJECT:

Approval of Meeting Minutes of March 24, 2026 Regular City Council Meeting. (Hope Ithurburn)
SUBMITTED BY:

City Clerk
DEPARTMENT:

City Clerk's Office
DATE:

April 14, 2026

Item Number 13.A

ATTACHMENTS:

1.DRAFT - MEETING MINUTES, 3.24.2026.docx

STAFF REPORT
5 MINUTES

CITY OF LINCOLN CITY COUNCIL,

PUBLIC FINANCE AUTHORITY
and REDEVELOPMENT SUCCESSOR AGENCY
Regular Meeting
March 24, 2026

1. CLOSED SESSION MEETING – 4:30pm

1.A CONFERENCE WITH LABOR NEGOTIATORS:

Pursuant to Government Code Section §54957.6 City Designated Representative: Veronica Rodriguez Employee Organization: Classified, Local 39 Employee Group

1.B CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov. Code Section, §54956.9(d)(2): Two (2) Potential Cases

2. CALL TO ORDER -The meeting was called to order by Mayor Pearl at 4:31pm at City Hall, 600 6 th Street, Lincoln, CA and offered virtually on Zoom with a Live Strea m on the City of Lincoln YouTube Channel and WAVE Channel 18.

3. ROLL CALL Councilmembers present:

Mayor Richard Pearl
Holly Andreatta
Ben Brown
Whitney Eklund *arrived at 4:37pm
John Reedy *arrived at 4:43pm

4. PUBLIC COMMENT ON CLOSED SESSION
There was no public comment.

GENERAL SESSION – 6:00pm
The meeting was conducted in person at City Hall, 600 6 th Street, Lincoln, CA, and virtually on Zoom with a Live Stream on the City of Lincoln YouTube Channel and WAVE Channel 18.

5. CALL TO ORDER by Mayor Pearl at 6:02pm.

6. ROLL CALL: Councilmembers present: Mayor Richard Pearl Holly Andreatta
Ben Brown
Whitney Eklund
John Reedy

7. REPORT FROM CLOSED SESSION (if applicable) – by vote of 5-0, Council authorized a settlement with Hartford Insurance Company in the amount of $40,000 related to former landfill site. Council provided direction to staff regarding all other Closed Session matters.

8. PLEDGE OF ALLEGIANCE – led by Linda Derosier.

9. AGENDA MODIFICATIONS
Staff noted the following modifications:

12.E – Agenda title was amended as follows: Adopt a Resolution Approving Liberty at Lincoln

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City Council, Public Finance Authority and
Redevelopment Successor Agency
Regular Meeting Minutes
March 24, 2026

Village 1 Improvement Plans, Liberty at Lincoln Village 1A and 1B Final Maps, Authorizing the Execution of the Subdivision Improvement Agreements for Liberty at Lincoln Village 1A and 1B, And Authorizing the Recording of Final Map and the Subdivision Improvement Agreements for Village 1A and 1B.

12.I – Due to an administrative error, the Memorandum of Understanding was not attached to the agenda packet; copies were disseminated to Council and available to the public.

10. PRESENTATIONS

10.A Presentation of the Fiscal Year 2024 Annual Comprehensive Financial Report (ACFR)

Nita Wracker, Assistant City Manager introduced Justin Williams of Muncpas who presented to Council.

The following provided public comment:

Sela Greenhouse, Lincoln resident (via Zoom)
Byron Chapman, Lincoln resident

11. PUBLIC COMMENT ON NON-AGENDA ITEMS WITHIN THE SUBJECT MATTER

JURISDICTION OF THE COUNCIL

The following provided public comment:

Stan Nader, Lincoln resident
Linda Derosier, Lincoln resident and Friends of the Lincoln Public Library Eric Johnson, Lincoln resident/Planning Commissioner
Fran Neves, Lincoln resident (via Zoom)

12. CONSENT

Mayor Pearl asked if any members of the City Council or staff would like to pull any items from the consent agenda – Item 12.I was pulled.

12.A Approval of Meeting Minutes of March 16, 2026, Special City Council Meeting.

12.B Approval of Meeting Minutes of March 10, 2026, Regular City Council Meeting.

12.C Adopt Resolution 2026-032 Appointing Assistant City Manager Nita Wracker (or designee) as the Real Property Negotiator Relative to the Sale of a Vacant Parcel located at the Southwest Intersection of Joiner Parkway and 1st Street in Lincoln.

12.D Adopt Resolution 2026-033 Approving Auburn Ravine Center Parcel Map.

12.E *MODIFIED AGENDA TITLE - Adopt Resolution 2026-034 and Resolution 2026-035 Approving Liberty at Lincoln Village 1 Improvement Plans, Liberty at Lincoln Village 1A and 1B Final Map, Authorizing the Execution of the Subdivision Improvement Agreement for Liberty at Lincoln Village 1A and 1B, and Authorizing the Recording of the Final Map and the Subdivision Improvement Agreements for Village 1A and 1B.

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City Council, Public Finance Authority and
Redevelopment Successor Agency
Regular Meeting Minutes
March 24, 2026

12.F Adopt Resolution 2026-036 Approving Liberty at Lincoln Village 2 Improvement Plans, Liberty at Lincoln Village 2 Final Map, Authorizing the Execution of the Subdivision Improvement Agreement for Liberty at Lincoln Village 2, and Authorizing the Recording of the Final Map and the Subdivision Improvement Agreement.

12.G Adopt Resolution 2026-037 Approving the Liberty at Lincoln Village 3B Final Map.

12.H Adopt Resolution 2026-038 Approving the Liberty at Lincoln Village 4B Final Map.

Mayor Pearl opened public comment.

The following provided public comment:

Sela Greenhouse, Lincoln resident (via Zoom)

Seeing no further public comment, Mayor Pearl called for a motion of approval. Councilmember Andreatta motioned to approve (including modifications as noted for Item 12.E ), motion was seconded by Councilmember Brown. Passed by the following voice vote:

Ayes: Andreatta, Brown, Eklund, Pearl, Reedy
Noes: None

Absent: None
Abstain: None

12.I Adopt Resolution 2026-039 Authorizing the City Manager to Enter into a Memorandum of Understanding with the Friends of the Lincoln Public Library to Issue a Restricted Award of Funds Available from the City's Carnegie Corporation of New York Gift to Support Library Projects and Services.

Kathryn Hunt, Library Director presented to Council.

Mayor Pearl opened public comment.

Seeing no public comment, Mayor Pearl called for a motion of approval. Councilmember Reedy motioned to approve, motion was seconded by Councilmember Brown. Passed by the following voice vote:

Ayes: Andreatta, Brown, Eklund, Pearl, Reedy
Noes: None

Absent: None
Abstain: None

13. PUBLIC HEARINGS

13.A Adopt Resolution 2026-040 Approving the Tentative Parcel Map with Project Specific and Typical Conditions of Approval for the Proposed Leavell North Project.

Staff requested this item be presented following General Business. 8

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City Council, Public Finance Authority and
Redevelopment Successor Agency
Regular Meeting Minutes
March 24, 2026

Tom Cruickshank, Associate Planner presented to Council; a brief discussion followed.

Project Applicant Tony Frayji, Frayji Design Group provided comments to Council.

Mayor Pearl opened the public hearing with the following providing public comment:

Sela Greenhouse, Lincoln resident (via Zoom)

Seeing no additional public comment, Mayor Pearl called for a motion of approval for the item.

Councilmember Andreatta motioned to approve, motion was seconded by Councilmember Reedy. Passed by the following voice vote:

Ayes: Andreatta, Brown, Eklund, Pearl, Reedy
Noes: None

Absent: None
Abstain: None

14. GENERAL BUSINESS

14.A Train Town Discussion

City Manager Sean Scully presented to Council, a brief discussion followed.

14.B Adopt Resolution 2026-041 Approving the Successor Memorandum of Understanding between the International Association of Fire Fighters Local 522-Lincoln Professional Firefighters Association and the City of Lincoln and Related Salary Schedules.

Human Resources Director Veronica Rodriguez presented to Council with a brief discussion following. Mayor Pearl opened public comment.

Seeing no public comment, Mayor Pearl called for a motion of approval for the item.

Councilmember Brown motioned to approve, motion was seconded by Councilmember Andreatta. Passed by the following voice vote:

Ayes: Andreatta, Brown, Eklund, Pearl, Reedy
Noes: None

Absent: None
Abstain: None

14.C Adopt Resolution 2026-042 Authorizing the City Manager to Enter into a Legal Services Agreement with White Brenner, LLC.

Special Counsel Douglas White and Nubia Goldstein left Chambers during the discussion and vote.

City Manager Sean Scully presented to Council with a brief discussion following. Mayor Pearl opened public comment.

The following provided public comment:
9

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City Council, Public Finance Authority and
Redevelopment Successor Agency
Regular Meeting Minutes
March 24, 2026

Byron Chapman, Lincoln resident
Sela Greenhouse, Lincoln resident (via Zoom)

Seeing no further public comment, Mayor Pearl called for a motion of approval for the item.

Councilmember Reedy motioned to approve, motion was seconded by Councilmember Andreatta. Passed by the following voice vote:

Ayes: Andreatta, Brown, Eklund, Pearl, Reedy
Noes: None

Absent: None
Abstain: None

15. CITY MANAGER REPORTS
Douglas White, Interim City Attorney expressed gratitude to Council. City Manager Scully reported on the upcoming Council Strategic Planning Session, providing a tentative date; announced that as a result of the recent Community Development Department reorganization, Nita Wracker has been appointed as the Community Development Director and will no longer serve in the role of Director of Finance; with a newly established Deputy Director of Community Development position to be created. Scully also provided an update on the county tax renegotiations.

16. COUNCIL INITIATED BUSINESS
City Manager Scully responded to Councilmember Andreatta’s question regarding the possibility of establishing downtown as an entertainment zone and the opening of the Skate Park. Scully responded to Mayor Pro Tem Eklund’s inquiries regarding the Twelve Bridges traffic stoplight and the City’s Emergency Operations Plan. Councilmember Brown inquired as to the discussion of the changing of air traffic patterns.

17. COMMITTEE REPORTS
Councilmember Brown reported on an upcoming Placer County Transportation Planning Agency (PCTPA) board meeting and Placer County Flood Control District board meeting.

Councilmember Reedy reported on a recently attended Pioneer Community Energy board meeting, Economic Development Committee (EDC) meeting, and Western Placer Waste Management Authority (WPWMA) board meeting. Mayor Pearl reported on a recently attended Airport Committee meeting. Mayor Pro Tem Eklund commented on the recent Airport Committee meeting.

18. INFORMATION ITEMS
None.

19. ADJOURNMENT

The meeting was adjourned at 7:48 pm to the Regular City Council meeting on April 14th, 2026 at 6:00pm in the Council Chambers, 600 6th Street, Lincoln.

Respectfully submitted by Hope Ithurburn, City Clerk

________________________________________
Hope Ithurburn, City Clerk
10 SUBJECT:

Adopt a Resolution Authorizing the Acceptance of a Donation from the Lincoln Public Safety Foundation of a 2024 Suzuki DRZ400 Dual Purpose Motorcycle and Four (4) Automated
External Defibrillators for Use by the Lincoln Police
Department. (Brett Schneider)
SUBMITTED BY:

Brett Schneider
DEPARTMENT:

Police
DATE:

April 14, 2026

Item Number 13.B

STAFF RECOMMENDATION:

Staff recommends City Council adopt a Resolution to accept a donation of a 2024 Suzuki DRZ400 Dual Purpose Motorcycle and 4 Automated External Defibrillators, donated by the Lincoln Public Safety Foundation for Lincoln Police Department use.

BACKGROUND/INTRODUCTION:

The Lincoln Public Safety Foundation recently received a $5,000 grant from the Lincoln Hills Foundation to purchase Automated External Defibrillators (AEDs) for the Lincoln Police Department. Combined with additional funds from the Lincoln Public Safety Foundation, this allowed for the purchase of four Physio-Control LIFEPAK 1000 AEDs, which will be deployed in patrol vehicles. These units expand the department’s current inventory and help ensure that most, if not all, patrol vehicles are equipped to provide life-saving defibrillation during cardiac emergencies.

In addition, the Lincoln Public Safety Foundation has purchased a 2024 Suzuki DR-Z400 dual- purpose motorcycle for donation to the Police Department. This bike will enhance the department’s ability to access open spaces, off-highway areas, and walking trails, allowing officers to better support education, enforcement, and emergency response in areas not easily reached by traditional patrol vehicles or larger motorcycles.

Equipment such as this is already in use by the Police Department and has been used on multiple occasions. Most recently two officers assigned to the Dual Purpose Motorcycles located a missing at risk adult who was located far back on a walking trail. The Lincoln Public Safety Foundation, a registered 501(c)(3) non-profit entity, raised funds and purchased the Dual Purpose Motorcycle and the AED's and desires to donate the item to the Lincoln Police Department.

The Police Department has not budgeted, nor do we have available funds to purchase these

STAFF REPORT
11 items this fiscal year.

FINDINGS/ANALYSIS:

Accepting these donations will allow Lincoln Police Officers to provide rapid defibrillation when needed, thus enhancing our ability to provide medical care to those who require it. Adding the additional Dual Purpose Motorcycle will allow for increased training by staff and the ability to deploy more trained officers to incidents and events requiring access to areas not able to be reached by standard patrol vehicles. The value of these donations are listed at $5341.05 for the AED's and $6610.49 for the Dual Purpose Motorcycle.

FISCAL IMPACT:

The cost to maintain the AED's will be minimal and will be covered by existing budget for medical supplies. The cost to maintain the motorcycle will be covered through existing budget and is expected to be minimal based on known expenses for our current similar motorcycles.

ATTACHMENTS:

RESOLUTION_LPSF_Donation.docx
12 Resolution No. 2026-XXX

Page 1 of 1 ends

RESOLUTION NO. 2026 – XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINCOLN
AUTHORIZING THE ACCEPTANCE OF A 2024 SUZUKI DRZ400 DUAL PURPOSE MOTORCYCLE AND 4 AUTOMATED EXTERNAL DEFIBRILLATORS DONATED

BY THE LINCOLN PUBLIC SAFETY FOUNDATION FOR POLICE DEPARMENT USE.

WHEREAS, the Lincoln Public Safety Foundation is a registered 501(c)(3) organization (Tax ID 92-3337189); and

WHEREAS, the Lincoln Public Safety Foundation’s mission is to bridge the gap between limited budgets and the critical needs of Lincoln’s first responders; and

WHEREAS, the Lincoln Public Safety Foundation raised funds and purchased a Suzuki Dual Purpose Motorcycle and 4 AED’s; and

WHEREAS, the purchase price of the Suzuki Dual Purpose Motorcycle was $6610.49 and the 4 AED’s were $5341.05; and

WHEREAS, the Lincoln Public Safety Foundation desires to donate the Suzuki Dual Purpose Motorcycle and 4 AED’s to the Police Department for official use.

NOW THEREFORE BE IT RESOLVED:

Section 1. The City Council of the City of Lincoln accepts the donation of a 2024 Suzuki DRZ400 Dual Purpose Motorcycle and 4 Automated External Defibrillators , donated by the Lincoln Public Safety Foundation for police department use.

PASSED AND ADOPTED this 14th day of April, 2026 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

___________________________
Richard Pearl, Mayor

ATTEST:

Hope Ithurburn, City Clerk

13 SUBJECT:

Adopt a Resolution Authorizing the City Manager to Execute a Contract with Francisco & Associates (F&A) for

District
Engineering Services. (Angela Frost)
SUBMITTED BY:

Angela Frost
DEPARTMENT:

Public Works
DATE:

April 14, 2026

Item Number 13.C

STAFF RECOMMENDATION:

Staff recommend the City Council adopt a resolution authorizing the City Manager to execute a Professional Services Contract with Francisco & Associates (F&A) for District Engineering Services associated with Landscape and Lighting Assessment District No. 1, Benefit Assessment District No. 1, and various Community Facilities Districts within the City of Lincoln, for a five-year term ending June 30, 2031. This agreement includes an option to extend the contract for one additional five-year term, subject to renegotiation and City Council approval prior to expiration.

The total contract amount shall not exceed $800,352, inclusive of an annual three percent (3%) escalation and contingency amount applied each year.

BACKGROUND/INTRODUCTION:

The City requires specialized services from a qualified engineering firm to provide assessment engineering and special tax consulting services for Landscape and Lighting District (LLAD) No. 1, Benefit Assessment District (BAD) No. 1, and various Community Facilities Districts (CFDs). This focused work includes annual administration of the City’s seven (7) existing public services special financing districts, and includes administration and staff support, preparation of required documentation, coordination with legal counsel, and management of the overall process with City staff involvement. Francisco & Associates has been the incumbent provider of said services since 2015; however, their contract expired on January 14, 2026.

A list and brief explanation of the City’s existing assessment districts and community facilities districts currently being proposed for this contract is attached for reference, see Attachment C Summary of Assessment and Community Facility Districts.

Assessment of the Landscape and Lighting District (LLAD) No. 1 and Benefit Assessment District (BAD) No. 1 are typically initiated in the springtime with full submittal to the County in early July. The Community Facility Districts tax process is administered in the fall.

STAFF REPORT
14 FINDINGS/ANALYSIS:

The City’s existing contract for District Engineering Services expired on January 14, 2026.

Therefore, City staff initiated a formal Request for Proposals (RFP) for District Engineering Services on February 13, 2026 with a submittal deadline of March 2, 2026. A notice to bidders was placed in the Lincoln News Messenger, on PlanetBids.com, and posted on the City’s website.

A total of three (3) proposals were received from the following submitters – Francisco & Associates, NBS, and SCI Consulting Group.

Proposals were evaluated based on each consultant’s understanding of the project and ability to provide innovative solutions for the City of Lincoln, familiarity with applicable laws and procedures, qualifications of assigned staff, relevant experience, and the proposed methodology and schedule for compliance with the RFP. Proposals submitted in response to the RFP were evaluated by a panel comprised of staff from the Public Works and Engineering Departments. Based on the evaluation results, the panel unanimously recommended Francisco & Associates.

Francisco & Associates demonstrated a strong and comprehensive understanding of the City’s existing assessment and financing districts, supported by their experience as the current service provider. Their proposal demonstrated a highly qualified team, a clear ability to ensure a seamless transition, and included thoughtful recommendations that identified opportunities for program improvement.

The contract includes:

An annual 3% escalation on accepted prices with first implementation in Calendar Year 2, beginning January 1, 2027.

A starting contingency of $50,000 that receives an annual 3% escalator every year, beginning in Year 2 and effective on January 1, 2027. This may be used toward Prop 218 services or any additional work requested by the City Council.

The option for one additional five-year contract extension subject to renegotiation and City Council approval prior to expiration.

Consequently, staff recommend the City Council adopt a resolution authorizing the City Manager to execute a Professional Services Contract with Francisco & Associates for District Engineering Services for a total amount not to exceed $800,352, over a five-year term.

FISCAL IMPACT:

The proposed contract with Francisco & Associates for District Engineering Services will have a total fiscal impact of $800,352 over a five-year period. The anticipated costs for each year can be found in Attachment E.

There is sufficient funding within the current approved two-year budget to support these services. The Landscape and Lighting Assessment District Fund (2700) and Benefit Assessment District Fund (2770) have adequate appropriations to cover services through spring of FY 2025–2026.

The various Community Facilities District Funds (2750, 2760, 2780, 2850, and 2860) will each contribute their proportionate share to cover costs associated with this contract in FY 2026– 15 2027 and in subsequent budget cycles. Costs incurred for each District will be paid solely from that District’s respective fund. Detailed revenues and expenditures for each fund will be documented in the annual report prepared by F&A.

Current Fiscal Year (2025-2026)

Spring 2026 Services/Costs

LLAD Assessment & Administration = $34,950
BAD Assessment & Administration = $6,625
Administration Support/Contingency = $25,000

Current Available Funding
LLAD No. 1 / Staff Support & Contingency (Fund 2700)
Current balance available= $76,991

BAD No. 1 (Fund 2770)
Current balance available = $7,891

Fiscal Year 2026-2027

The approved FY 2026-2027 budget should be sufficient to cover all proposed charges with the exception of CFD 2018-2. There will be a minor budget augmentation needed in that fund line to cover an anticipated deficient amount of $3,163.47. This budget augmentation will be executed within the next fiscal year to reflect the updated charges required for administration of that CFD.

ATTACHMENTS:

Attachment_A_District_Engineering_Services_Resolution_AF.doc Attachment B Contract for Services.pdf
Attachment C Summary of Districts.docx
Attachment D District Engineering RFP.pdf
Attachment E Projected Annual Costs â€“ District Engineering Services (Five-Year Term).docx
16 Resolution No. 2026-XXX

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RESOLUTION NO. 2026 - XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINCOLN AUTHORIZING THE CITY

MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH FRANCISCO & ASSOCIATES FOR DISTRICT ENGINEERING SERVICES FOR A FIVE-YEAR TERM, ENDING APRIL 15, 2031. THE

AGREEMENT INCLUDES AN OPTION TO EXTEND THE CONTRACT FOR ONE ADDITIONAL FIVE-

YEAR TERM, SUBJECT TO RENEGOTIATION AND CITY COUNCIL APPROVAL PRIOR TO EXPIRATION. THE TOTAL CONTRACT AMOUNT SHALL NOT EXCEED $800,352, INCLUSIVE OF AN ANNUAL THREE PERCENT (3%) ESCALATION AND CONTINGENCY AMOUNT APPLIED EACH YEAR.

WHEREAS, the City requires a District Engineering Services Consultant to provide special assessment and tax district administration services for the Landscape and Lighting District No. 1, Benefit Assessment District No. 1, and for various Community Facilities Districts (CFD); and

WHEREAS, the City issued a Request for Proposal for Services for District Engineering Services on February 13, 2026 and received 3 proposals; and

WHEREAS, Francisco & Associates has been selected as the Consultant most qualified to provide this service and will also have the ability to assist with the formation and administration of future Community Facilities Districts and assist with any annexations needed; and

WHEREAS, the cost to have F rancisco & Associates provide district engineering services is estimated to be $800,352 (contingency and escalation included) for a five-year period ending June 30, 2031, with an option to extend the contract for one additional five-year term, subject to renegotiation and City Council approval prior to expiration.; and

WHEREAS, the funds to pay for District Engineering Services are available through the Lighting and Landscaping Assessment District No. 1, Benefit Assessment Distric t No. 1, various Community Facilities Districts (2004-1, 2004-2, 2010-1, 2018-1, 2018-2 and 2019-1) and future community facilities districts that may be formed during the term of this contract.

NOW THEREFORE BE IT RESOLVED, City Council does hereby find it is in the best interest of the city to enter into a professional services contract with Francisco & Associates for District Engineering Services for a five -year term, ending June 30 , 2031. The agreement includes an option to extend the contract for one additional five -year term, subject to renegotiation and city council approval prior to expiration. The total contract amount shall not exceed $800,352, inclusive of an annual three percent (3%) escalation and contingency amount applied each year.

PASSED AND ADOPTED this 14th day of April, 2026 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
17 Resolution No. 2026-XXX

Page 2 of 2 ends

ABSTAIN: Councilmembers:

____________________________________
Richard Pearl, Mayor
ATTEST:

__________________________________
Hope Ithurburn, City Clerk

18 CONTRACT FOR SERVICES

THIS CONTRACT is made on April 14, 2026, by and between the CITY OF LINCOLN (“City”), and FRANCISCO & ASSOCIATES, INC. (“Consultant/Contractor”).

WITNESSETH:

WHEREAS, the City proposes/desires a contract with FRANCISCO & ASSOCIATES, INC. for District Engineering Servi ces for Landscaping and Lighting District (LLAD) No.1; Benefit Assssment District (BAD) No. 1; Community Facilities Districts (CFDs) No. 2004-1, 2004-2, 2010- 1, 2018-1, and 2018-2; and the formation of and anne xation into Community Facilities Districts and various Community Facilities Districts (CFDs) under an on-call agreement effective July 1, 2026.

WHEREAS, the Consultant/Contractor has presented a proposal for such services to the City, dated March 2, 2026, attached hereto and incorporated herein as Exhibit A, and is duly licensed, qualified and experienced to perform those services;

NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF SERVICES:

A. Consultant/Contractor shall do all work, a ttend all meetings, produce all reports and carry out all activities necessary for the completion of the services described in Exhibit A (“Scope of Work”). This Contract and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict betwee n terms contained in th ese Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract.

B. Consultant/Contractor enters into this Cont ract as an independent contractor and not as an employee of the City. The Consultant/Contr actor shall have no power or authority by this Contract to bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant/Contractor are employees, ag ents, contractors or subcontractors of the Consultant/Contractor and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant/Contractor by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract.

C. The Consultant/Contractor agrees it has satis fied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.

2. TERM OF CONTRACT:

A. The services of Consultant/Contractor are to commence upon execution of this Contract by the City, and shall be undertaken an d completed in accordance with the Schedule of Performance, attached hereto and incorporated herein by this reference as Exhibit B.

B. Consultant/Contractor’s failure to complete work in accordance with the Schedule 19 of Performance may result in delayed compensation as described in Section 3.

C. The City Manager or his or her designee may, by written instrument signed by the Parties, extend the duration of this Contract for an additional five-y ear term at the discretion of the City.

3. COMPENSATION:

A. The Consultant/Contractor shall be paid at the completion of services for the actual fees, costs and expenses for all time and materials required and expended, but in no event shall total compensation exceed Eight Hundred Thousand Three Hundred Fifty Two ($800,352.00) without City’s prior written approval.

B. Said amount shall be paid upon submittal of a(n) as work is performed billing showing completion of the tasks. Consultant/Contractor shall furnish City with invoices for all expenses as well as for all materials authorized by this Contra ct. The invoice(s) shall be submitted with the final billing. If Consultant/Contractor’s performance is not in conformity with the Schedule of Performance, payments may be delayed or denie d, unless the Consultant/Contractor’s failure to perform in conformity with the Schedule of Performance is a documented result of the City’s failure to conform to the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 5.

C. If the work is halted at the request of the City, compensation shall be based upon the proportion that the work performed bears to the total work required by this Contract, subject to Section

4. 4. TERMINATION:

A. This Contract may be terminated by either party, provided that the other party is given not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate.

B. The City may temporarily suspend this Contract, at no additional cost to City, provided that the Consultant/Contractor is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant/Contractor shall immediately suspend its activities under this Contract.

C. Notwithstanding any provisions of this C ontract, Consultant/Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant/Contractor, and th e City may withhold any payments due to Consultant/Contractor until such time as the exact amount of damages, if any, due the City from Consultant/Contractor is determined.

D. In the event of termination, the Consulta nt/Contractor shall be compensated as provided for in this Contract, except as provided in Section 4C. Upon termination, the City shall be entitled to all work, including, but not limited to, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date in accordance with Section 7 hereof.

5. AMENDMENTS, CHANGES OR MODIFICATIONS:

20 Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.

6. EXTENSIONS OF TIME:

Consultant/Contractor may, for good cause, reques t extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the City in writing and shall be incorporated in written amendments to this Contract or the attached Scope of Work in the manner provided in Section 5.

7. PROPERTY OF CITY:

A. It is mutually agreed that all materials prepared by the Consultant/Contractor under this Contract shall become the property of the Ci ty, and the Consultant/Cont ractor shall have no property right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the Consultant/Contractor shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Consultant/Contractor in performing this C ontract which is not C onsultant/Contractor’s privileged information, as defined by law, or Co nsultant/Contractor’s personnel information, along with all other property belonging exclusively to the City which is in the Consultant/Contractor’s possession.

B. Additionally, it is agreed that the parties intend this to be a contract for services and each considers the products and results of the services to be rendered by Consultant/Contractor hereunder (the “Work”) to be a work made for hire. Consultant/Contractor acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of the City.

8. COMPLIANCE WITH ALL LAWS; PREVAILING WAGES:

A. Consultant/Contractor shall comply with all applicable laws, ordinances, and codes of federal, state and local governments, as applicab le, and shall commit no trespass on any public or private property in performing any of the work author ized by this Contract. If necessary, it shall be City’s responsibility to obtain all rights of way a nd easements to enable Consultant/Contractor to perform its services hereunder. Consultant/Contractor shall assist City in providing the same.

B. Some or all of the work herein may be a “public work” within the meaning of Labor Code section 1720, subject to the payment of pr evailing wages under Labor Code sections 1720 et seq. Accordingly, Consultant/Contractor shall cause all such work, as applicable, to be performed as a “public work” in compliance with California prevailing wage laws, including the payment of prevailing wages, as applicable. In the event it is determined that the Consultant/Contractor is required to pay prevailing wages for the work performed under this Agreement, but failed to do so, the Consultant/Contractor shall pay all applicable penalties, costs, fees, wages, and wage differential. To the extent the project is subject to the requirement of payment of prevailing wages pursuant to California Labor Code sections 1720 et seq, then the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Copies of the prevailing rate of per diem wages are on file at the City’s offices, which shall be made available to any interested party on request.

Consultant/Contractor shall cause a copy of the determination of the director of the prevailing rate of per diem wages to be posted at each job site, as well as all related notices required by applicable law 21 and regulation. In the event that the work performed requires payment of prevailing wages, contractor shall be required to be register ed with Department of Industria l Relations as a Public Works Contractor at all times during performance of the contract. Contractor shall also be required to submit Certified Payroll reports to the City of Lincoln as a condition of any payment under this contract.

9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT/CONTRACTOR:

A. Consultant/Contractor agrees, represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required for Consultant/Contractor to practice its profession and to properly provi de the services set forth in Exhibit A in a manner which is consistent with the generally accepted standards of Consultant/Contractor’s profession. Consultant/Contractor represents and warrants to City that Consultant/Contractor shall, at its sole cost and ex pense, keep in effect or obtain at all times during the term of this Contract any licenses, permits and approvals which are legally required for Consultant/Contractor to practice its profession at the time the services are performed.

B. Consultant/Contractor agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, state and local law in accordance with Section 17A hereof.

C. Consultant/Contractor shall designate a project manager who at all times shall represent the Consultant/Contractor before the City on all matters relating to this Contract. In the event that City, in its sole discretion, at any time during the term of this Contract, desires the removal of any person or persons assigned by Consultant/Contractor, including but not limited to the project manager, to perform services pursuant to this Contract, Consultant/Contractor shall remove any such person immediately upon receiving notice from City of the desire of City for the removal of such person or persons.

D. Except as set forth in Exhibit D, Consultant/Contractor shall, at its sole cost and expense, furnish all facilities, equipment, and other materials which may be required for furnishing services pursuant to this Agreement. City shall furnish to Consultant/Contractor only the facilities, equipment, and other materials listed in Exhibit D according to the terms and conditions set forth in Exhibit D.

E. Consultant/Contractor shall provide corrective services without charge to the City for services which fail to meet the above professiona l and legal standards and which are reported to Consultant/Contractor in writing within sixty (60) days of discovery. Should Consultant/Contractor fail or refuse to perform promptly its obliga tions, the City may render or undertake performance thereof and the Consultant/Contractor shall be liable for any expenses thereby incurred.

10. SUBCONTRACTING:

None of the services covered by this Contract shall be subcontracted without the prior written consent of the City, which will not be unreasonably withheld. Consultant/Contractor shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Consultant/Contractor.

11. ASSIGNABILITY:

22 Consultant/Contractor shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City which will not be unreasonably withheld. However, claims for money due or to b ecome due to Consultant/Contractor from the City under this Contract may be assigned to a financia l institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or tr ansfer whether voluntary or involuntary shall be furnished promptly to the City.

12. INTEREST IN CONTRACT:

Consultant/Contractor covenants that neither it, nor any of its employees, agents, contractors, subcontractors have any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which w ould conflict in any manne r or degree with the performance of its services hereunder. Consultant/C ontractor shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Consultant/Contractor’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Consultant/Contractor also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant/Contractor in writing that Consultant /Contractor’s duties under this Contract warrant greater disclosure by Consultant/Contractor than was originally contemplated. Consultant/Contractor shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

13. MATERIALS CONFIDENTIAL:

All of the materials prepared or assembled by Consultant/Contractor pursuant to performance of this Contract are confidential and Consultant/Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

14. LIABILITY OF CONSULTANT/CONTRACTOR-NEGLIGENCE:

Consultant/Contractor shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of the Consultant/Contractor’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Consultant/Contractor or its employees, agents, contractors or subcontractors.

15. INDEMNITY AND LITIGATION COSTS:

To the greatest extent allowed by law and within the construct of Civil Code § 2782, Consultant/Contractor shall indemn ify, defend, and hold harmless the City, its officers, officials, agents, employees and volunteers (the “indemnifie d parties”) from and agai nst any and all claims, damages, demands, liability, costs, losses and expenses, including court costs and reasonable attorneys’ fees, arising in any manner out of its performance of this Contract or by reason of negligent acts or omissions, recklessness, or willful misconduct incident to the performance of this Contract on the part of Consultant/Contractor except such lo ss or damage which wa s caused by the active negligence, sole negligence, or willful misc onduct of the City. Without limiting the foregoing indemnity obligation, Consultant/Cont ractor further shall indemnify, defend and hold harmless the indemnified parties from and against any and all damages, liability, costs, losses, expenses, 23 contributions and penalties, including court costs and reasonable attorneys’ fees, arising from Consultant/Contractor’s misclassifi cation of itself or its employee s’ status as an independent contractor. The provisions of this paragraph shall survive termination or suspension of this Contract.

16. CONSULTANT/CONTRACTOR TO PROVIDE INSURANCE:

A. Consultant/Contractor shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this Contract the policies of insurance specified in this Section. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII (or in the case of Worker’s Compensation insurance, with the State Compensation Insurance Fund of California).

The Consultant/Contractor agrees to furnish one copy of each required policy to the City, and additional copies as requested in writing, certified by an authorized representative of the insurer. The failure of Consultant/Contractor or of any of its contractors or su bcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Contract. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant/Contractor.

C. In addition to any other remedy the City ma y have, if Consultan t/Contractor fails to maintain the insurance coverage as required in this Section, the City may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as is required herein, and the City may deduct the cost of such insurance from any amounts due or which may become due Consultant/Contractor under this Contract.

D. No policy required by this Contract shall be endorsed to suspended, voided, canceled, terminated by either party, or reduced in covera ge or in limits unless the Consultant/Contractor has provided thirty (30) days’ prior written notice by certified mail, return receipt requested, to the City.

E. Any deductibles, aggregate limits, pending claims or lawsuits which may diminish the aggregate limits, or self-insured retentions, must be declared to, and approved by, the City.

F. Aggregate Limits/Impairment

i. If any of the insurance coverages requi red by this section contain annual aggregate limits, the Consultant/Contractor must give the City notice of any pending claim or lawsuit which may diminish the aggregate. The Consultant/Contractor must take steps to restore the impaired aggregates or provide replacement insurance prot ection. The City has the option to specify the minimum acceptable aggregate limit for each line of coverage required. No substantial reductions in scope of coverage which may affect City’s pr otection are allowed wit hout City’s prior written consent.

G. The requirement as to types, limits, and the City’s approval of insurance coverage to be maintained by Consultant/Contractor are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Consultant/Contractor under the Contract. 24 H. The Consultant/Contractor and its contract ors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. Th e maintenance by Consul tant/Contractor and its contractors and subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of Consultant/Contractor or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Contract.

I. Worker’s Compensation and Employer’s Liability Insurance.

i. Worker’s Compensation Insurance to protect the Consultant/Contractor, its contractors and subcontractors from all claims under Worker’s Compensation and Employer’s Liability Acts, including Longshoremen’s and Harbor Worker’s Act (“Acts”), if applicable. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable state and federal statutes and regulations. The Consultant/Contractor shall execute a certificate of compliance with Labor Code Section 3700, on the form provided in the Contract Documents.

ii. Consultant/Contractor shall provide a Wa iver of Subrogation endorsement in favor of the City, its officers, officials, employees, agents and volunteers for losses arising from work performed by the Consultant/Contractor

J. Commercial General Liability Insurance

i. The insurance shall be provided on form CG0001, or its equivalent, and shall include coverage for claims for bodily injury or property damage arising out of premises/operations, products/completed operations, cont ractual liability, and subconsu ltant’s work and personal and advertising injury resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000.00 per occurrence and $2,000,000.00 general and products/completed operations aggregates.

ii. The commercial general liability insurance shall also include the following:

a) Endorsement equivalent to CG 2010 1185 naming the City, its officers, officials, employees, agents, and volunteers as additional insureds. The endorsement shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.

b) Endorsement stating insurance provided to the City shall be primary as respects the City, its officers, officials, employees and any insurance or self-insurance maintained by the City, its officers, officials, employees or vo lunteers shall be in excess of the Consultant’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss, or judgment.

c) Provision or endorsement stating that the Consultant’s insurance shall apply separately to each insured against whom cla im is made or suit is brought, except with respect to the limits of the insurer’s liability.

25 d) Provision or endorsement stating that any failure to comply with reporting or other provisions of the policies including breaches of representations shall not affect coverage provided to the City, its officers, officials, employees, or volunteers.

e) Provision or endorsement st ating that such insurance, subject to all of its other terms and conditions, applies to the liability assumed by the Consultant/Contractor under the Contract, including, without limitation, set forth in Section 15, Indemnity and Litigation Costs.

K. Commercial Automobile Liability Insurance.

i. The commercial automobile liability insurance shall include, but shall not be limited to, protection against claims for death, bodily or personal injury, or property damage for owned, non-owned, and hired automobiles resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured.

The amount of insurance coverage shall not be less than $1,000,000 per occurrence.

ii. The commercial automobile liability insurance shall include the same endorsements as required for Commercial General Liability Insurance (16.J.ii above.)

L. Professional Liability.

The Consultant/Contractor and its contractors and subcontractors shall secure and maintain in full force, during the term of this Contract and for five years thereafter, professional liability insurance policies appropriate to the respective professions and the work to be performed as specified in this Contract. The limits of such professional liability insurance coverage shall not be less than $1,000,000.00 per claim.

17. MISCELLANEOUS PROVISIONS:

A. Compliance With Laws. Consultant/Contractor shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decree s which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work, including laws relating to prevailing wages pursuant to Labor Code section 1771 et seq.

B. Non-Discrimination. Consultant/Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marita l status, gender, citizenshi p, or sexual orientation.

Consultant/Contractor shall comply with Section 122(a) of the State and Local Fiscal Assistance Act of 1972.

C. Inspection of Records. Consultant/Contractor shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any time until six (6) months after the final payments under this Contract are made to the Consultant/Contractor.

26 D. Entirety of Agreement. This Contract constitutes the entire agreement between the parties relative to the services specified herein and no modification hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this Contract. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.

E. Notices. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:

CITY: City of Lincoln
Attn: City Manager
600 Sixth Street
Lincoln, CA 95648

CONSULTANT/CONTRACTOR: Francisco & Associates, Inc.
5963 La Place Court, Suite 110
Carlsbad, CA 92008

F. Governing Law. This Contract shall be interpreted and governed by the laws of the State of California.

G. Venue. Any action arising out of this Contr act shall be brought in Placer County, California, regardless of where else venue may lie.

H. Attorneys’ Fees. In any action brought by either party to enforce the terms of this Contract, each party shall be bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.

I. Counterparts. The parties may execute this Contract in two or more counterparts, which shall, in the aggregate, be signed by all the parties, each counterpart shall be deemed an original instrument as against any party who has signed it.

J. Severability. If any term, provision, covenant, or condition of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the Contract shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

27 CONSULTANT/CONTRACTOR CITY OF LINCOLN, Francisco & Associates, Inc. a municipal corporation _______________________________ _____________________________ Eduardo R. Espinoza, P.E., Sean Scully, City Manager Managing Partner

_______________________________ _____________________________ D a t e d D a t e d
[email protected]
Email address
APPROVED AS TO FORM:
______________________________
Douglas White, Interim City Attorney
______________________________
Dated
ATTEST:
_______________________________
Hope Ithurburn, City Clerk
_______________________________
Dated
City Accountability:

Department responsible for contract: Public Works Department Staff responsible for contract:

Matthew J. Medill, P.E., Public Works Director | Christian Punsal, Senior Analyst ATTACHMENTS:
9 Contract for Services (signed by Consultant/Contractor) 9 Current Insurance Certificate (applicable to the contract & naming City as additional insured)
9 Detailed Scope of Work & Specifications, including hourly rates, etc. (Exhibit A) 9 Amount: $800,352.00 & Account/Fund: Professional Services – Various | TBD 9 Copies of Proposals
April 1, 2026
28 EXHIBIT A

SCOPE OF WORK

Francisco & Associates, Inc. (FAI) shall provide various services for each Financing District that may include, but are not limited to: preparation of the Annual District Engineer’s Reports for both Annual Maintenance and Annexation Proceedings, drafting of City Council Staff Re ports and Resolutions, Initiating Proceedings, Declaring Intent to Levy, Approving Engineer’s Reports and Setting Public Hearings, Amending and/or Approving the Final Engineer’s Reports and Ordering the Levy and Collection of Assessments and Ta xes. FAI will also submit final levies to the Placer County Assessor’s Office in accordance with filing deadlin es established by the County for annual levy including providing a Final Engineer’s Report and an “Applied” Report confirming assessments and taxes to be placed for the tax roll to the City of Lincoln. FAI will provide continuous administrative support throughout the year to both the City of Li ncoln and Placer County Assessor’s Office in the administration of the City’s levies. FAI shall also provide on-call expert guidance on assessment and special tax restrictions, and advisement on expenditure analysis.

District Engineering Services entail a large magnitude of services that can include, but are not limited to: formation and administrati on of; bonded infrastructure assess ment districts and community facilities districts, formation and administration of maintenance assessment districts and community facilities districts, annexation of future developments into existing financing districts and assistance with increasing existing assessments pursuant to the requirements of Proposition 218.

FAI Services will involve all ma intenance-related financing di stricts and Community Facilities District No. 2019-1 since it overlaps with territory in CFD Nos. 2018-1 and 2018-2. Having Francisco & Associates administer this district will minimize th e duplication of effort involved with City staff and the developer related to gathering data and addressing questions. Therefore, under this initial contract it will include all of, the administrative, and engineering work for the LLAD No. 1, BAD No. 1, and CFD Nos. 2004-1, 2004-2, 2010-1, 2018-1, 2018-2 and 2019-1. If there is a need to form additional bonded and/or ma intenance-related districts, includi ng the formation of, and annexation into, various Community Facilities Districs (CFD) under an on-call agreement effective July 1, 2026, City staff will negotiate a fee with one of the two approved consultants. All additional consulting fees associated withthe formation of new financing districts or the annexation into existing financing districts will be funded by the property owner who is developing their property.

The following is a listing of the City’s existing assessment districts and community facilities districts currently under this contract:

x LLAD No. 1
x BAD No. 1
x CFD No. 2004-1
x CFD No. 2004-2
x CFD No. 2010-1
x CFD No. 2018-1
x CFD No. 2018-2
29 Lighting and Landscaping Assessment District (LLAD) No. 1 To insure the proper flow of funds for the ongoing construction, operation, maintenance and servicing of specific improvements within the boundaries of the City of Lincoln, the City Council, through the Landscaping and Lighting Act of 1972, previously approved the formation of the LLAD No. 1 that includes an Original Zone of Benefit and thirty-two (32) Zones of Benefit. Services and improvements provided within these zones include, but are not limited to; maintenance of parks, open space, landscaping and lighting improvements, traffic signals, and community related facilities. These services are financed through the LLAD asse ssment. The Landscaping and Lighting Act of 1972 requires an Engineer’s Report be prepared annual ly to assess the current level services, required maintenance, anticipated improvements, and project the necessary budget for the upcoming fiscal year. Staff is involved in this annual process, howe ver, District Engineering services are needed to assist with the preparation of the annual Engineer’s Report, and the levy and collection of assessments for all zones of benefit within the District.

Benefit Assessment District (BAD) No. 1
In June 2005, the City Council adopted a resolution to form the BAD No. 1 to help recover costs associated with the operation and maintenance of storm drainage (detenti on basins), flood control improvements, and associated improvements within the public rights-of-way and public areas of the developments within the City. There are currently active zones within the BAD: Zone 1 (Lincoln Crossing), Zone 2 (Sorrento), Zone 3 (Cresleigh Grove), Zone 4 (Dissolved), and Zone 5 (Lincoln Highlands).

Each year, the City has a written report prepared and filed with the City Clerk, which will be performed by Francisco & Associates, Inc. This report provides a general description of the services provided and how the services will be financed through the revenue collected from the assessments.

The methodology of assessment collection is included along with the total number of parcels within the zones.

Community Facilities District (CFD) 2004-1 (Storm Water Retention Basin Maintenance) The City Council approved a resolution in 2004 to form the Community Facilities District (CFD) No. 2004-1 for Storm Water Retention Basin Maintenance. This CFD was created to provide a financing mechanism to fund the pro-rata portion of the annual cost to operate and maintain the Regional Storm Water Retention Basin (RSWRB) which services the parcels directly within the CFD. This CFD includes portions of Del Webb, Twelve Bridges, St erling Pointe and Three D South Developments.

The City is responsible for the administration of the levy and collection of the special taxes, fees, and all other costs incurred for the work performed in this District. FAI will assist in the preparation of this report and the levy and collection of taxes within the District.

Community Facilities District (CFD) 2004-2 (Auburn Ravine Improvement/McBean Park Open Space/Rodeo Grounds Open Space Preserve Maintenance District) City Council approved another reso lution in 2004 to form the Comm unity Facilities District No. 2004-2 for Auburn Ravine Improvements/McBean Park, Open Space, Rodeo Grounds, and the Open Space Preserve Maintenance District. This CFD was created to provide a financing mechanism to fund the annual cost to mitigate storm water runoff which services parcels within the CFD. The City is responsible for the administration of the levy and collection of the special taxes, fees, and all other costs incurred for the work performed in this District. FAI will assist in the preparation of this report 30 and the levy and collection of taxes within the District.

Community Facilities District (CFD) 2010-1 (Police and fire Services) The City Council approved a resolution in 2010 to form the Community Facilities District 2010-1 for Police and Fire Services. This CFD was created specifically for the Lincoln Highlands area. The CFD tax collected from this area would as sist the services of Police and Fire. The City is responsible for the administration of the levy and collection of the special taxes, fees, and all other costs incurred for the work performed in this District. FAI will assist in the preparation of this report and the levy and collection of taxes within the District.

Community Facilities District (CFD) 2018-1 (City Maintenance Services) The City Council approved a resolution in 2018 to form the Community Facilities District 2018-1 for City Maintenance Services. The CFD was formed for the Twelve Bridges Village 11 development and was created to provide a financing mechanism to fund the maintenance of City infrastructure such as landscaping, parks, open space, street lighting, and storm water quality and drainage facilities. This specific tax is separated into two components, “Citywide Services” and “Localized Services.” Citywide Service improvements to be funded under this tax include costs associated with Community Parks, Regional Parks, Major Roadway Street Lighting and Traffic Signals, Stormwater Facilities, Major Roadway Landscaping, and Open Space ar eas. Localized Services funded under this tax include: Neighborhood Parks, Neighborhood Landscaping, Local Street Maintenance, Local Street Lighting, and Storm water Improvements. The CFD is comprised of seven (7) developments for the FY 19-20 tax levy and each development was assigned their own special tax zone. FAI will assist in the required annual tax calculations, preparation of the special tax reports, and coordination with the County for the annual levy and collection of special taxes.

Community Facilities District (CFD) 2018-2 (City Public Services) The City Council approved a resolution in 2018 to form the Community Facilities District 2018-2 for Public Services. The CFD tax will be levied annually to fund additional public services resulting from increased demand from new development. These se rvices include police, fire, and lighting and maintenance of parks, parkways, streets, roads, and open space. Police and Fire services are the primary purpose of this CFD. FAI will assist in the required annual tax calculations, preparation of the special tax reports, and coordination with the County for the annual levy and collection of special taxes.

Additional Work / Prop 218
FAI shall continue to provide the City with engi neering support in the administration of the City’s special tax and assessment levies. FAI shall also provide on-call expert guidance on assessment restrictions, laws, and advise on expenditure analysis. FAI will ensure the City is compliant with Prop 218. Any work performed on Prop 218 efforts will be approved through a task order or contract amendment by the City Manager. Staff has ensured Prop 218 work is included in the Scope of Work and accounted for in the cost table.

FAI shall provide services for the annual administration of the City’s Landscape and Lighting District Number One, Benefit Assessment District Number One, Community Facilities District No’s 2004-1, 2004-2, 2010-1, 2018-1, and 2018-2, as well as the form ation of and annexation into Community Facilities Districts (CFDs) under an on-call agreement effective July 1, 2026. 31 For each Assessment District (the Landscape and Lighting Assessment District Number One, the Benefit Assessment District Number One), District administration services will include, but not be limited to:

• Apportion the special assessment of each parcel w ithin each particular Benefit Zone consistent with the Method of Apportionment established for each Benefit Zone and for the overall District. • Preparation of the Annual Upda te documents including but not limited to District Engineer’s Reports (to be stamped and signed by Consultant’s registered engineer) for both Annual Maintenance and Annexation Proceedings, drafting staff reports and resolutions, noticing, attendance of public hearings and presentations as needed, presentatio n scripts, preparation or amendment of boundary maps, preparation of Improvement Diagrams (showing the locations of each type of infrastructure maintained by each zone), etc. Consulting Firm will also submit final levies to the Placer County Assessor’s Office in accordance with filing deadlines established by the Streets and Highway’s Code for annual levy including providing a Final Engine er’s Report and an “Applied” Report confirming assessments placed on the tax roll to the City of Lincoln. • Create the tax roll application of parcel’s annual special assessment in a format acceptable to the Auditor/Controller-Recorder.
• Perform adjustments and corrections for rejected parcels by resubmitting levies as necessary. • Provide a toll-free communications platform (phone, email or website) for use by the City, other interested parties, and all property owners, and be available to answer questions regarding the districts and ongoing collection as sessments. Offer interpretative services to Spanish speaking property owners.
• The City will initiate proceedings for the distri cts at the first City Council meeting in April, and the Consultant Firm will submit the annual property tax roll to the Auditor’s Office by June 30 th.
• An electronic copy of the assessor’s tax roll will be made available to the selected consultant through the City of Lincoln upon selection and contract execution.

Apportionment of Infrastructure Assessment Districts.

For each of the Community Facilities Dist ricts’s (2004-1, 2004-2, and 2010-1, 2018-1, 2018-2, and newly formed CFDs), District administration services will include, but not be limited to:

• Apportion the special taxes of each parcel within each particular CFD consistent with the Rate and Method of Apportionment established for each CFD.
• Preparation of the Staff Report/Resolutions Or dering the Levy and Collection of Assessments, review and modifications to Met hod of Apportionment, preparation of public noticing, preparation and/or amendments to District Boundary Maps. Consulting Firm will also submit final levies to the Placer County Assessor’s Office in accordance with filing deadlines. • Create the tax roll application of parcel’s annual special taxes in a format acceptable to the Auditor/Controller-Recorder.
• Perform adjustments and corrections for rejected parcels by resubmitting levies as necessary. • Provide a toll-free communications platform (phone, email or website) for use by the City, other interested parties, and all property owners, and be available to answer questions regarding the districts and ongoing collection assessments. Offe r interpretative services to Spanish speaking property owners.
• An electronic copy of the Special Tax roll will be made available to the selected consultant through the City of Lincoln upon selection and contract execution.

Community Facilities District (CFD) Formation or annexation (On-Call Agreement Effective 32 July 1, 2026):
• Provide the City with a formation process a nd annexation process to minimize the City’s effort.
• Consultant should create all doc uments for the formation or annexation for the City and legal team to review and approve.
• Consultant shall provi de all the documents necessary for recordation with the County. • Consultant shall perform all CFD formation and annexation duties with minimal assistance from staff.

• The district engineering services needed for future CFD formations will be utilized as needed.

Additional Engineering Services:

Provide additional services as needed to assist with the ongoing administration of the Districts. This is to be billed on a time and materials basis.
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SCHEDULE OF PERFORMANCE

All work shall be completed by June 30, 2031. This Agreement may be extended for one additional five-year term, subject to renegotiation and approva l by the City Council prior to the Agreement’s expiration.

35 EXHIBIT C
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
Labor Code § 1861
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

CONSULTANT/CONTRACTOR
By:______________________________
Title: Managing Partner
Eduardo R. Espinoza, P.E.

Print Name
_________________________________
Date
April 1, 2026
36 EXHIBIT D

FACILITIES, EQUIPMENT, OTHER MATERIALS

Consultant/Contractor shall be re sponsible for providing all nece ssary facilities, equipment and personnel to undertake the necessary task(s) outlined in Exhibit A.

37 Attachment C

Summary of Assessment and Community Facility Districts

Landscape and Lighting District No. 1 (LLAD)
The City of Lincoln formed Landscape and Lighting District No. 1 in 1982 with the adoption of Resolution 82-071. The LLAD provides maintenance funds for parks, landscape areas, in -tract streetlights, parkway lighting and maintenance, open space management/maintenance and administration costs associated with the coordination and management of District services, operations an d incidental expenses. The District has an Original Zone of Benefit and 32 additional Benefit Zones.

Benefit Assessment District No.1 (BAD)
Benefit Assessment District No. 1 was formed to provide funding for the maintenance of storm drain facilities required in new subdivisions as they were constructed within the City of Lincoln.

There are 4 Areas of Benefit and they are listed as:
 Zone 1 Lincoln Crossing Phases II, IIIA and IIIB
 Zone 2 Aiken Ranch/Sorrento
 Zone 3 Cresleigh Grove
 Zone 5 Lincoln Highlands

CFD No. 2004-1 (Storm Water Retention Basin Maintenance) CFD No. 2004-1 was formed to provide for the operation and maintenance costs associated with a Storm Water Retention Basin (including capital replacement).

 There are approximately 8 different subdivisions around the City of Lincoln that participate in the CFD.

CFD No. 2004 -2 (Auburn Ravine Improvement/McBean Park Open Space/Rodeo Grounds/Open Space Preserve Maintenance District)
CFD No. 2004-2 was formed to provide for the operation and maintenance costs associated with a mitigating storm water runoff that occurs within Auburn Ravine, and also includes for assuring gates, fencing and signage at the areas are maintained, trash removal, coordination of Biological Inspections of the Preserve Areas).

 There is 1 subdivision within the City of Lincoln that participates in the CFD.

CFD No. 2010-1 (Public Safety Services)
CFD No. 2010-1 was formed to provide for the increased level of police and fire services required with new development.

 There is 1 subdivision within the City of Lincoln that participates in the CFD.

CFD No. 2018-1 (Citywide Maintenance Services)
CFD No. 2018-1 was formed to provide maintenance funding for operations and maintenance services throughout the City for open space, parks, landscaping, detention and stormwater quality facility, drainage, street lighting, water costs, street maintenance, administration costs, etc.

38  There are currently 7 subdivisions within the City that participate in the CFD.

CFD No. 2018-2 (Public Services)
CFD No. 2018-2 was formed to provide funding for public safety services, facilities improvements, library services, and Citywide services.

 There is 1 subdivision within the City that participates in this CFD. Additional annexations will occur.

39 REQUEST FOR PROPOSALS

TO PROVIDE

DISTRICT ENGINEERING SERVICES
FOR
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO.1
BENEFIT ASSESSMENT DISTRICT NO.1 AND VARIOUS COMMUNITY FACILITIES

DISTRICTS

FOR THE

CITY OF LINCOLN

PUBLIC WORKS DEPARTMENT

Release Date: February 13, 2026
Questions Due: February 18, 2026
Submittal Deadline: 3:00 P.M. March 2, 2026

I. DESCRIPTION OF SERVICES

The City of Lincoln is accepting proposals from qualified engineering/financial consulting firms to provide special assessment di strict administration services for the Landscape and Lighting District No. 1, Benefit Assessment District No. 1 , and the Community Facility Districts , as well as the formation of future Community Facility Districts or annexation into existing Community Fac ility Districts . To be consider ed for these services, your firm must meet the qualifications and satisfy the requirements as stated in this Request for Proposals (RFP).

Requested services for each District may include, but are not limited to : preparation of the Annual District Engineer’s Reports for both Annual Maintenance and Annexation Proceedings, drafting of City Council Staff Reports and R esolutions, initiating proceedings, declaring Intent to Levy, approving Engineer’s Reports and setting Public Hearings, amending and/or approving the final Engineer’s Reports and Ordering the Levy and Collection of Assessments. Consulting Firm will also submit final levies to the Placer County Assessor’s Office in accordance with filing deadlines established by the Streets and Highway’s Code for annual levy including providing a Final Engineer’s Report and an “Applied” Report confirming assessments placed on the tax roll to the City of Lincoln. Consulting Firm will provide continuous administrative support throughout the year to both the City of Lincoln and Placer County Assessor’s Office in the administration of the District’s tax levy. Consultant shall also provide on -call expert guidance on assessment restrictions, and advisement on expenditure analysis.

40 II. BACKGROUND

Landscape and Lighting District No. 1 (LLAD)
The City of Lincoln formed Landscape and Lighting District No. 1 in 1982 with the adoption of Resolution 82 -071. The LL AD provides maintenance funds for parks, landscape areas, in -tract streetlights, parkwa y lighting and maintenance, open space management/maintenance and administration costs associated with the coordination and management of District services, operations and incidental expenses. The District has an Original Zone of Benefit and 32 additional Benefit Zones.

It is unlikely that additional subdivisions will be annexed into this district.

There are approximately 10,048 parcels included in the Original Zone of Benefit and the 32 Benefit Zones for a total of $3,848,224.96 estimated in assessment revenue.

There are 4 Areas of Benefit and they are listed as:
• Zone 1 Lincoln Crossing Phases II, IIIA and IIIB
• Zone 2 Aiken Ranch/Sorrento
• Zone 3 Cresleigh Grove
• Zone 5 Lincoln Highlands

The City does not anticipate additional annexations into this District.

There are ap proximately 2,855 parcels included for a total of roughly $93,105.44 in revenue.

Various Infrastructure Assessment Districts
There are several existing infrastructure Assessment Districts that require apportionment after subdivisions occur. This item is also included for advisement that new infrastructure assessment districts may be included in future development in the City and should be considered in the RFP.

Existing & Upcoming Community Facility Districts
The City currently has five Community Facilities Districts (CFD’s) for maintenance and one CFD for Public Safety Services described below:

CFD No. 2004-1 (Storm Water Retention Basin Maintenance) CFD No. 2004 -1 was formed to provide for the operation and maintenance costs associated with a Storm Water Retention Basin (including capital replacement).

• There are approximately 8 different subdivisions around the City of Lincoln that participate in the CFD.
• The City does not anticipate additional annexations into this district. • There are approximately 3,145 parcels for a total of $268,081.20 in revenue.

41 CFD No. 2004 -2 (Auburn Ravine Improvement/McBean Park Open Space/Rodeo Grounds/Open Space Preserve Maintenance District)
CFD No. 2004 -2 was formed to provide for the operation and maintenance costs associated with a mitigating storm water runoff that occurs within Auburn Ravine, and also includes for assuring gates, fencing and signage at the areas are maintained, trash removal, coordination of Biological Inspections of the Preserve Areas).

• There is 1 subdivision within the City of Lincoln that participates in the CFD. • The City does not anticipate additional annexations into this district. • There are approximately 223 parcels for a total of $47,695.24 in revenue.

CFD No. 2010-1 (Public Safety Services)
CFD No. 2010-1 was formed to provide for the increased level of police and fire services required with new development.

• There is 1 subdivision within the City of Lincoln that participates in the CFD. • There are approximately 180 parcels for a total of roughly $45,313.20 in revenue.

• There are currently 7 subdivisions within the City that participate in the CFD. • There are approximately 4,683 parcels in these subdivisions and ov er $4,448,483.54 in revenue. Additional annexations will occur.

CFD No. 2018-2 (Public Services)
CFD No. 2018-2 was formed to provide funding for public safety services, facilities improvements, library services, and Citywide services.

• There is 1 subdivision within the City that participates in this CFD. Additional annexations will occur.
• There are approximately 2,237 parcels in these subdivisions and over $1,051,585.66 in revenue.

Various Infrastructure CFDs
This item is included for advisement that there are various infrastructure CFDs and the formation of new infrastructure community facility districts may be required with future development in the City and should be considered in the RFP proposal.

III. SCOPE OF SERVICES

The City is seeking requests for proposals to provide consulting services for the annual administration of the City’s Landscape and Lighting District No.1, Benefit Assessment District No.1, CFD No’s 2004 -1, 2004 -2, 2010 -1, 2018-1, and 2018 -2, as well as the formation of and annexation into Community Facilities Districts.

42 For each Assessment District (the Landscape and Lighting Assessment District Number One, the Benefit Assessment District Number One ), District administration services will include, but not be limited to:

• Apportion the special assessment of each parcel within each particular Benefit Zone consistent with the Method of Apportionment established for each Benefit Zone and for the overall District.
• Preparation of the Annual Update documents including but not limited to District Engineer’s Reports (to be stamped and signed by Consultant’s registered engineer) for both Annual Maintenance and Annexation Proceedings, drafting staff reports and resolutions, noticing, attendance of public hearings and presentations as needed, presentation scripts , preparation or amendment of boundary maps, preparation of Improvement Diagrams (showing the locations of each type of infrastructure maintained by each zone), etc. Consulting Firm will also submit final levies to the Placer County Assessor’s Office in accordance with filing deadlines established by the Streets and Highway’s Code for annual levy including providing a Final Engineer’s Report and an “Applied” Report confirming assessments placed on the tax roll to the City of Lincoln. • Create the tax roll application of parcel’s annual special assessment in a format acceptable to the Auditor/Controller-Recorder.
• Perform adjustments and corrections for rejected parcels by resubmitting levies as necessary.
• Provide a toll-free communications platform (phone, email or website) for use by the City, other interested parties, and all property owners, and be available to answer questions regarding the districts and ongoing collection assessments.

Offer interpretative services to Spanish speaking property owners. • The City will initiate proceedings for the districts at the first City Council meeting in April, and the Consultant Firm will submit the annual property tax roll to the Auditor’s Office by June 30th.
• An electronic copy of the assessor’s tax roll will be made available to the selected consultant through the City of Lincoln upon selection and contract execution.

Apportionment of Infrastructure Assessment Districts.

For each of the CFD’s (2004 -1, 2004 -2, and 2010 -1, 2018-1, 2018 -2, and newly formed CFDs), District administration services will include, but not be limited to:

Consulting Firm will also submit final levies t o the Placer County Assessor’s Office in accordance with filing deadlines.
• Create the tax roll application of parcel’s annual special taxes in a format acceptable to the Auditor/Controller-Recorder.
• Perform adjustments and corrections for rejected parcels by resubmitting levies as necessary.
• Provide a toll-free communications platform (phone, email or website) for use by the City, other interested parties, and all property owners, and be available to 43 answer questions regarding the districts and ongoing coll ection assessments.

Offer interpretative services to Spanish speaking property owners. • An electronic copy of the Special Tax roll will be made available to the selected consultant through the City of Lincoln upon selection and contract execution.

Community Facilities District (CFD) Formation or annexation:
• Provide the City with a formation process and annexation process to minimize the City’s effort.
• Consultant should create all documents for the formation or annexation for the City and legal team to review and approve.
• Consultant shall provide all the documents necessary for recordation with the County.
• Consultant shall perform all CFD formation and annexation duties with minimal assistance from staff.

The district engineering services needed for futur e CFD formations will be utilized as needed.

Additional Engineering Services:

Provide additional services as needed to assist with the ongoing administration of the Districts. This is to be billed on a time and materials basis.

IV. CONTRACT TIME
The City of Lincoln intends to award a five-year contract with an option to extend the contract for an additional five-year term at the discretion of the City.

V. AGREEMENT
The selected Consultant must execute a Professional Services Agreement (See Attachment B, Sample Professional Services Agreement).

All Proposers are directed to particularly review all indemnification, Hold Harmless and Insurance requirements set forth in this agreement.

Progress payments will be made monthly on completed work based on approved a nd accepted invoices that include signed timecards of special inspector(s), unit prices or as otherwise agreed. City will make payment to Consultant, less any retained amounts, within 30 days of receipt by the City of a correct and complete invoice.

No work is authorized and no payments will be made prior to execution of a Professional Services Agreement.

VI. INSURANCE REQUIREMENTS
The Consultant shall possess and maintain insurance in accordance with contract requirements (See Attachment B, Sample Professio nal Services Agreement), including commercial general liability insurance, automobile liability and professional liability to cover any claims arising out of the performance of this contract.

Original certificates of insurance evidencing the required coverage must be submitted on or before execution of the contract.
44 VII. GENERAL REQUIREMENTS

The successful proposer will be required to work closely with the designated Project Manager for the City of Lincoln Development Engineering Division and Public Works Director/Department Analyst . Similarly, the successful proposer will be expected to identify an individual who will serve as the key contact person and to specify other staff that will perform key roles and various tasks. Any substitutions of staff during the course of the contract must be agreed upon by the Project Management Team in writing, in advance of such substitution.

Required Contents of Proposal
Submit an electronic copy of the proposa l on the PlanetBids Vendor Portal . Proposals should be concise a nd specific to this RFP , shall include 1) a cover letter, 2) the cost proposal and 3) full resumes and sample documents (specifically described below) included in appendices. Proposals must be in the following format:

1. Consultant Identification and Qualifications:

Provide the legal name of the firm, the firm’s mailing and physical address, the names and contact information (phone number and email address) of the legally responsible principal and the primary contact person (Project Manager) for this project. Provide a brief summary of the firm’s (or team’s) qualifications specific to this project.

2. Statement of Project Understanding : Describe an understanding of the process and steps to occur to complete the requirements of the Districts after the contract is awarded.

3. Proposed Schedule : Prepare a schedule for the estimated time to complete annual requirements of the Districts, formation of Districts, or Annexations to Districts.

4. Qualification of the Firm/Team: Include a background of the firm/team, number of professionals (by discipline) and support staff, major focus of practice, range of services and references. Where the collaborative approach is proposed, this narrative must also include all sub-consultants involved.

5. Examples of Comparable Services: Briefly describe three (3) comparable contracts that best exhibit the firm’s experience in each of the required services.

Include the contract name, location, scope of services, approximate value of the annual administration , key project staff involved a nd description of their role.

Include the client contact person, title, organization, address, current telephone number and E-mail address.

6. Resumes of Key Staff : List staff members and their titles, of those in key roles for this project. Provide a brief bio of each key staff member, include background and involvement with contracts of similar scope, requirements, and deliverables.

Also include lead staff in each discipline required for this professional service.

7. Authority to Bind:

Include a statement that the Proposer acknowledges all the terms and conditions of the RFP and that the Proposal is valid for a period of ninety (90) days from the 45 Proposal submittal date. It must be signed by a firm principal authorized to bind the organization.

8. Conflict of Interest/Collusion Statement/Levine Act Disclosure Statement a. Disclose any financial, business or other relationship with the City that may have an impact upon the outcome of this contract or the related construction project. b. The Proposer shall state they have made no agreement, written or verbal, and have no connection with any other proposer submitting an independent proposal for this project.
c. The Proposer shall also name and disclose:
a. all current clients which may have a financial interest in the outc ome of this contract or the related construction contract.
b. any financial interest or relationship with any construction company qualified to submit a bid for the related construction project.
d. California Government Code Section 84308 (the "Levine Act") pro hibits any officer of the City of Lincoln (defined as an elected or appointed officer, alternate, and any candidate for elected office) from participating in any consideration or action related to a proceeding if they receive political contribution(s) from a party or its agent(s) totaling more than $500 within the previous 12 months, while a proceeding is pending, and for 12 months following the date of a final decision in a proceeding concerning a license, permit, other entitlement for use, franchise, or contract (collectively, “proposal or application”).

City officers are listed here:

Members of the City Council: https://www.lincolnca.gov/en/our- government/council.aspx

Boards and Com mission Members: https://www.lincolnca.gov/en/our- government/boards-commissions-and-committees.aspx

Parties and their agent(s) are responsible for reviewing and disclosing their applicable contributions to City officers on the record of a proceeding.

9. Exceptions
List any exceptions to any portion of this RFP including the sample contract attached. The City will consider the exception(s) and may or may not re ject the RFP as non-responsive.

10. Estimated Fee for Services : In a separate document (entitled COST PROPOSAL FOR DISTRICT ENGINEERING SERVICES) , provide costs of engineering, administrative and financial services i ncluded in the proposal which shall include the billing rates of all project personnel and any other costs that the proposer expects to bill to complete the project requirements. Break down the costs by type of district work (i.e. LLAD annual update, CFD formation, CFD annexation, etc.). Include annual escalation or inflation.

VIII. SUBMISSION OF THE PROPOSAL

Submit an electronic copy of the proposal on the PlanetBids Vendor Portal.

46 PROPOSALS MUST BE RECEIVED at the time and date stated on the cover sheet of this proposal. Proposals received after this time or at any other location will be deemed unresponsive and rejected.

IX. CONSULTANT SELECTION PROCESS AND CRITERIA
The City will evaluate and rank the proposals using the following scoring:

Project Understanding & Unique Ideas to Assist Lincoln 25 Points Familiarity with Laws and Procedures 20 Points
Quality of Staff 20 Points
Relevant Experience 25 Points
Proposed Methodology & Schedule & Compliance with RFP 10 Points Total Points Possible 100 Points

At the discretion of the City, one or more of the top ranked teams may be interviewed based upon the relative ranking by total score. Interviews will be for the purpose of meeting the project team, discussion of the scope of work, and review of the factors considered in the preparation of the proposal. The teams may also be requested to provide further clarification of submitted materials and/or submit additional materials for consideration.

After the interviews and review of any additional requested materials, the City will begin negotiations with the prime consultant of the top ranked team. Any contract tendered will be in the form of Attachment B - Sample Professional Services Agreement.

All proposals may become public information subsequent to the award of a contract.

The Proposer may describe any sensitive or potentially proprietary information in general terms.

The Proposal should reflect the most favorable terms available to the City, as the City may make award on the Proposal alone without interviews or any further contact with the Proposer.

X. TIMELINE
The City of Lincoln has designated the following activities and dates as key to the project schedule:

1. RFP available for download February 13, 2026

2. RFP advertised in Local Newspaper February 13, 2026

3. Questions Due February 18, 2026

4. Responses to Questions February 20, 2026

5. Proposal Due by 3 PM March 2, 2026

6. City Council Award of Contract March 24, 2026
**The City of Lincoln reserves the right to change the schedule.

XI. DOCUMENTS AND QUESTIONS
The full co ntent of the RFP is available throug h PlanetBids https://vendors.planetbids.com/portal/48920/bo/bo-search.

Direct any questions regarding this RFP to Christian Punsal, Senior Analyst by Email at [email protected]. All questions and requests for clarification must be 47 received no later than 5 pm on the date noted in the Time line above. Responses may be provided via an Add endum. Do not contact any other City staff or consultants to the City.

Addenda to this RFP will be posted onto PlanetBids and can be downloaded for free of charge from the following location: https://vendors.planetbids.com/portal/48920/bo/bo- search

Failure of the proposer to be aware of addenda or failure to return signed addenda with the Proposal in a timely manner as a complete responsive proposal may be cause for rejection at the sole discretion of the City. Verbal conversations with any person will not modify any term or obligation of this RFP.

XII. RESPONSIVENESS OF PROPOSALS All proposals must be in writing and fully responsive to this RF P. Non -responsive proposals or proposal s found to be irregular or not in conformance with the requirements and instructions contained herein will not be considered or evaluated. Other conditions which may lead to the selection committee’s decision not to evaluate a proposal include obvious lac k of experience, expertise or adequate resources to perform the required work, and/or failure to perform or meet financial obligations on previous contracts. The City reserves the right to reject any and all proposals for any reason whatsoever.

XIII. Waivers. The City may waive informalities or irregularities in proposals received where such is merely a matter of form and not substance, and the correction or waiver of which is not prejudicial to other proposals.

ATTACHMENTS:

A. Additional Information
B. Sample Professional Services Agreement

48 ATTACHMENT A

CONTRACT FOR SERVICES

The firm selected to produce and execute the recommended scope of services in this RFP will be required to execute a Contract for Services with the City.

CONFLICT OF INTEREST

Consultant warrants and covenants that no official or employee of the City, nor any business entity in which an official of the City has an interest, has been employed or retained to solicit or assist in the procuring of the resulting contract, nor that any such person will be employed in the performance of such contract without immediate divulgence of such fact to the City.

ASSIGNMENT

Any contract resulting from this bid and any amendments or supplements thereto shall not be assignable by the successful b idder either voluntarily or by operation of law, without the written approval of the City, and shall not become an asset in any bankruptcy, receivership or guardianship proceedings.

COSTS INCURRED IN RESPONDING

This Request for Proposals does not commit the City to pay any costs incurred by any individual, firm, partnership or corporation in the submission of the proposals or to make necessary studies or designs for the preparation thereof, or to procure or contract for any articles or services.

INSURANCE REQUIREMENTS

The successful proposer shall provide a Certificate of Insurance naming the City of Lincoln as additional insured for the following:

A. Worker's Compensation

B. General Liability and Property Damage with a combined limit of $2,000,000.00

C. Automobile Liability Insurance in an amount not less than $1,000,000.00

D. The policy shall not be cancelable without thirty (30) days advance written notice to the City, and shall be in a form and by a surety approve d by the City.

E. In the event the policy is canceled prior to the completion of the project and the Consultant does not furnish a new Certificate of Insurance prior to cancellation, the City may obtain the required insurance and deduct the premium(s) from contract monies due to the Consultant.

49 F. If the policy is a claims ’ made policy, the policy shall contain language providing coverage up to six (6) months following the completion of the contract in order to provide insurance coverage for the hold harmless provisions herein.

G. As used above, the term "Consultant" includes the Consultant, and its officers, agents or employees.

INDEMNIFICATION

A. Consultant agrees to save harmless and to indemnify the City from every claim or demand which may be made for any injury or death, or damage to property caused by Consultant in the performance of this contract.

B. Such duty shall be irrespective of the date upon which the claim or demand is asserted.

C. If an y judgment is rendered against the City for any injury, death or damage caused by consultant in the performance of this contract, Consultant shall, at his own expense, satisfy and discharge any judgment.

D. None of the foregoing paragraphs shall b e applicable if the injury, death or damage is caused solely by the City negligence.

E. Consultant agrees that it shall immediately notify City and Consultant’s insurance carriers of any incident occurring during performance of this contract which may result in a claim of liability.

F. As used above, the term "City" means the City of Lincoln, or its officers, agents or employees.

G. As used above, the term "Consultant" includes Consultant and Consultant’s officers, agents or employees.

50 ATTACHMENT B

CONTRACT FOR SERVICES

THIS CONTRACT is made on ___________, by and between the CITY OF LINCOLN (“City”), and ____________________ (“Consultant/Contractor”).

WITNESSETH:

WHEREAS, the City proposes/desires a contrac t with _______________ to________

WHEREAS, the Consultant/Contractor has presented a proposal for such services to the City, dated ________, attached hereto and incorporated herein as Exhibit A, and is duly licensed, qualified and experienced to perform those services;

NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF SERVICES:

A. Consultant/Contractor shall do all work, attend all meetings, produce all reports and carry out all activities necessary for the completion of the service s described in Exhibit A (“Scope of Work”). This Contract and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract.

B. Consultant/Contractor enters into this Contract as an independent contractor and not as an employee of the City. The Consultant/Contractor shall have no power or authority by this Contract to bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant/Contractor are employees, agents, con tractors or subcontractors of the Consultant/Contractor and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant/Contractor by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract.

C. The Consultant/Contractor agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.

51 2. TERM OF CONTRACT:

A. The services of Consultant/Contractor are to commence upon execution of this Contract by the City, and shall be undertaken and completed in accordance with the Schedule of Performance, attached hereto and incorporated herein by this reference as Exhibit B.

B. Consultant/Contractor’s failure to complete work in accordance with the Schedule
of Performance may result in delayed compensation as described in Section 3.

C. The City Manager or his or her designee may, by written instrument signed by the Parties, extend the duration of this Contract for __________________.

3. COMPENSATION:

A. The Consultant/Contractor shall be paid at the completion of services/monthly for the actual fees, costs and expenses _______________________, without City’s prior written approval.

B. Said amount shall be paid upon submittal of a final/monthly billing.

Consultant/Contractor shall furnish City with invoices for all expenses a s well as for all materials authorized by this Contract. The invoice (s) shall be submitted with the final/monthly billing. If Consultant/Contractor’s performance is not in conformity with the Schedule of Performance, payments may be delayed or denied, unl ess the Consultant/Contractor’s failure to perform in conformity with the Schedule of Performance is a documented result of the City’s failure to conform to the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 5.

C. If the work is halted at the request of the City, compensation shall be based upon the proportion that the work performed bears to the total work required by this Contract, subject to Section 4.

4. TERMINATION:

A. This Contract may be terminated by either part y, provided that the other party is given not less than _ calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate.

B. The City may temporarily suspend this Contract, at no additional cost to City, provide d that the Consultant/Contractor is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant/Contractor shall immediately suspend its activities under this Contract.

C. Notwithstanding any provisions of this Contract, Consultant/Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant/Contractor, and the City may wi thhold any 52 payments due to Consultant/Contractor until such time as the exact amount of damages, if any, due the City from Consultant/Contractor is determined.

D. In the event of termination, the Consultant/Contractor shall be compensated as provided for in this Contract, except as provided in Section 4C. Upon termination, the City shall be entitled to all work, including, but not limited to, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date in accordance with Section 7 hereof.

5. AMENDMENTS, CHANGES OR MODIFICATIONS:

Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.

6. EXTENSIONS OF TIME:

Consultant/Contractor may, for good cause, request extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the City in writing and shall be incorporated in w ritten amendments to this Contract or the attached Scope of Work in the manner provided in Section 5.

7. PROPERTY OF CITY:

A. It is mutually agreed that all materials prepared by the Consultant/Contractor under this Contract shall become the property of the Ci ty, and the Consultant/Contractor shall have no property right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the Consultant/Contractor shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Consultant/Contractor in performing this Contract which is not Consultant/Contractor’s privileged information, as defined by law, or Consultant/Contractor’s personn el information, along with all other property belonging exclusively to the City which is in the Consultant/Contractor’s possession.

Consultant/Contractor acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) belongs to an d shall be the sole and exclusive property of the City.

8. COMPLIANCE WITH ALL LAWS; PREVAILING WAGES:

A. Consultant/Contractor shall comply with all applicable laws, ordinances, 53 and codes of federal, state and local governments, as applicable, and shall commi t no trespass on any public or private property in performing any of the work authorized by this Contract. If necessary, it shall be City’s responsibility to obtain all rights of way and easements to enable Consultant/Contractor to perform its services her eunder.

Consultant/Contractor shall assist City in providing the same.

B. Some or all of the work herein may be a “public work” within the meaning of Labor Code section 1720, subject to the payment of prevailing wages under Labor Code sections 1720 et seq. Accordingly, Consultant/Contractor shall cause all such work, as applicable, to be performed as a “public work” in compliance with California prevailing wage laws, including the payment of prevailing wages, as applicable. In the event it is determined that the Consultant/Contractor is required to pay prevailing wages for the work performed under this Agreement, but failed to do so, the Consultant/Contractor shall pay all applicable penalties, costs, fees, wages, and wage differential. To the extent the proje ct is subject to the requirement of payment of prevailing wages pursuant to California Labor Code sections 1720 et seq, then the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Copies of the prevailing rate of per diem wages are on file at the City’s offices, which shall be made available to any interested party on request. Consultant/Contractor shall cause a copy of the determination of the director of the prevailing rate of per diem wages to be posted at each job site, as well as all related notices required by applicable law and regulation. In the event that the work performed requires payment of prevailing wages, contractor shall be required to be registered with Department of Industrial Relations as a Public Works Contractor at all times during performance of the contract.

Contractor shall also be required to submit Certified Payroll reports to the City of Lincoln as a condition of any payment under this contract.

9. WARRANTIES AND RESPONSIBILITIES -
CONSULTANT/CONTRACTOR:

A. Consultant/Contractor agrees, represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required for Consultant/Contractor to practice its profession and to properly provide the services set forth in Exhibit A in a manner which is consistent with the generally accepted standards of Consultant/Contractor’s profession. Consultant/Contractor represents and warrants to City that Consultant/Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Contract any licenses, permits and approvals which are legally required for Consultant/Contractor to practice its profession at the time the services are performed.

B. Consultant/Contractor agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, state and local law in accordance with
Section 17A hereof.

C. Consultant/Contractor shall designate a project manager who at all times shall represent the Consultant/Contractor before the City on all matters relating to this 54 Contract. In the event that City, in its sole discretion, at any time during the term of this Contract, desires the removal of any person or persons assign ed by Consultant/Contractor, including but not limited to the project manager, to perform services pursuant to this Contract, Consultant/Contractor shall remove any such person immediately upon receiving notice from City of the desire of City for the removal of such person or persons.

D. Except as set forth in Exhibit D, Consultant/Contractor shall, at its sole cost and expense, furnish all facilities, equipment, and other materials which may be required for furnishing services pursuant to this Agreement. Cit y shall furnish to Consultant/Contractor only the facilities, equipment, and other materials listed in Exhibit D according to the terms and conditions set forth in Exhibit D.

E. (Consultant/Contractor shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Consultant/Contractor in writing within sixty (60) days of discovery. Should Consultant/Contractor fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Consultant/Contractor shall be liable for any expenses thereby incurred.)

10. SUBCONTRACTING:

None of the services covered by this Contract shall be subcontracted without the prior written consent of the City, which will not be unreasonably withheld.

Consultant/Contractor shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by the m, as it is for the negligent acts and omissions of persons directly employed by Consultant/Contractor.

11. ASSIGNABILITY:

Consultant/Contractor shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City which will not be unreasonably withheld. However, claims for money due or to become due to Consultant/Contractor from the City under this Contract may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.

12. INTEREST IN CONTRACT:

Consultant/Contractor covenants that neither it, nor any of its employees, agents, contractors, subcontractors have any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Consultant/Contractor shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Consultant/Contractor’s duties are more limited in scope than is warranted by the 55 category designated by the City code and that a narrower disclosure category should apply. Consultant/Contractor also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant/Contractor in writing that Consultant/Contractor’s duties under this Contract warrant greater disclosure by Consultant/Contractor than was originally contemplated. Consultant/Contractor shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

13. MATERIALS CONFIDENTIAL:

All of the materials prepared or assembled by Consultant/Contractor pursuant to performance of this Contract are confidential and Consu ltant/Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

14. LIABILITY OF CONSULTANT/CONTRACTOR-NEGLIGENCE:

Consultant/Contractor shall be responsib le for performing the work under this Contract in a manner which is consistent with the generally -accepted standards of the Consultant/Contractor’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contr actors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Consultant/Contractor or its employees, agents, contractors or subcontractors.

15. INDEMNITY AND LITIGATION COSTS:

To the greatest extent allowed by law and within the construct of Civil Code § 2782, Consultant/Contractor shall indemnify, defend, and hold harmless the City, its officers, officials, agents, employees and volunteers (the “indemnified parties”) from and against any and all claims, damages, demands, liability, costs, losses and expenses, including court costs and reasonable attorneys’ fees, arising in any manner out of its performance of this Contract or by reason of negligent acts or omissions, recklessness, or willful misconduct incident to the performance of this Contract on the part of Consultant/Contractor [except such loss or damage which was caused by the active negligence, sole ne gligence, or willful misconduct of the City ]. Without limiting the foregoing indemnity obligation, Consultant/Contractor further shall indemnify, defend and hold harmless the indemnified parties from and against any and all damages, liability, costs, losses, expenses, contributions and penalties, including court costs and reasonable attorneys’ fees, arising from Consultant/Contractor’s misclassification of itself or its employees’ status as an independent contractor. The provisions of this paragraph shall survive termination or suspension of this Contract.

16. CONSULTANT/CONTRACTOR TO PROVIDE INSURANCE:

A. Consultant/Contractor shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this Contra ct 56 the policies of insurance specified in this Section. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII (or in the case of Worker’s Compensation insurance, with the State Compensation Insurance Fund of California).

B. Prior to execution of this Contract and prior to commencement of any work, the Consultant/Contractor shall furnish the City with certificates of insurance and copies of ori ginal endorsements providing evidence of coverage for all policies required by the Contract. The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. The Consultant/Contractor agrees to furnish one copy of each required policy to the City, and additional copies as requested in writing, certified by an authorized representative of the insurer. The failure of Consultant/Contractor or of any of its contractors or subcontractors to maintain or renew coverage or to p rovide evidence of renewal may be treated by the City as a material breach of this Contract.

Approval of the insurance by the City shall not relieve or decrease any liability of Consultant/Contractor.

C. In addition to any other remedy the City may have, if Consultant/Contractor fails to maintain the insurance coverage as required in this Section, the City may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as is required herein, and the City may deduct th e cost of such insurance from any amounts due or which may become due Consultant/Contractor under this Contract.

D. No policy required by this Contract shall be endorsed to suspended, voided, canceled, terminated by either party, or reduced in coverage or i n limits unless the Consultant/Contractor has provided thirty (30) days’ prior written notice by certified mail, return receipt requested, to the City.

E. Any deductibles, aggregate limits, pending claims or lawsuits which may diminish the aggregate limits, or self -insured retentions, must be declared to, and approved by, the City.

F. Aggregate Limits/Impairment

i. If any of the insurance coverages required by this section contain annual aggregate limits, the Consultant/Contractor must give the City notice of a ny pending claim or lawsuit which may diminish the aggregate. The Consultant/Contractor must take steps to restore the impaired aggregates or provide replacement insurance protection. The City has the option to specify the minimum acceptable aggregate limi t for each line of coverage required. No substantial reductions in scope of coverage which may affect City’s protection are allowed without City’s prior written consent.

G. The requirement as to types, limits, and the City’s approval of insurance coverage to be maintained by Consultant/Contractor are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Consultant/Contractor under the Contract.
57 H. The Consultant/Contractor and its contractors and subcontracto rs shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to th e City. The maintenance by Consultant/Contractor and its contractors and subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of Consultant/Contractor or of any of its contractors or subcontra ctors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Contract.

I. Worker’s Compensation and Employer’s Liability Insurance.

i. Worker’s Compensation Insurance to protect the
Consultant/Contractor, its contractors and subcontractors from all claims under Worker’s Compensation and Employer’s Liability Acts, including Longshoremen’s and Harbor Worker’s Act (“Acts”), if applicable. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable state and federal statutes and regulations.

The Consultant/Contractor shall execute a certificate of compliance with Labor Code Section 3700, on the form provided in the Contract Documents.

ii. Consultant/Contractor shall provide a Waiver of Subrogation endorsement in favor of the City, its officers, officials, employees, agents and volunteers for losses arising from work performed by the Consultant/Contractor

J. Commercial General Liability Insurance

i. The insurance shall b e provided on form CG0001, or its equivalent, and shall include coverage for claims for bodily injury or property damage arising out of premises/operations, products/completed operations, contractual liability, and subconsultant’s work and personal and adv ertising injury resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than [$1,000,000.00] per o ccurrence and [$2,000,000.00] general and products/completed operations aggregates.

ii. The commercial general liability insurance shall also include the following:

b) Endorsement stating insurance provided to the City shall be primary as respects the City, its officers, officials, employees and any insurance or self - insurance maintained by the City, its officers, officials, employees or volunteers shall be 58 in excess of the Consultant’s insurance and shall not contribute wit h it, to the payment or satisfaction of any defense expenses, loss, or judgment.

c) Provision or endorsement stating that 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 insurer’s liability.

d) Provision or endorsement stating that any failure to comply with reporting or other provisions of the policies including breaches of representations shall not affect coverage provided to the City, its officers, offi cials, employees, or volunteers.

e) Provision or endorsement stating that such insurance, subject to all of its other terms and conditions, applies to the liability assumed by the Consultant/Contractor under the Contract, including, without limitation, set f orth in Section 15, Indemnity and Litigation Costs.

K. Commercial Automobile Liability Insurance.

i. The commercial automobile liability insurance shall include, but shall not be limited to, protection against claims for death, bodily or personal injury, or property damage for owned, non -owned, and hired automobiles resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage sh all not be less than [$1,000,000] per occurrence.

ii. The commercial automobile liability insurance shall include the same endorsements as required for Commercial General Liability Insurance (16.J. ii above.)

L. Professional Liability.

The Consultant/Contractor and its contractors and subcontractors shall secure and maintain in full force, during the term of this Contract and for five years thereafter, professional liability insurance policies appropriate to the respective professions and the work to be perform ed as specified in this Contract. The limits of such professional liability insurance coverage shall not be less than [$1,000,000] per claim.

17. MISCELLANEOUS PROVISIONS:

A. Compliance With Laws . Consultant/Contractor shall keep itsel f fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work, Commented [GS1]: Per Kristine, if only doing construction this section can be deleted; professional liability insurance is for designers, architects or actual engineering work
59 including laws relating to prevailing wages pursuant to Labor Code section 1771 et seq.

B. Non-Discrimination. Consultant/Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, or sexual orientation. Consultant/Contractor shall comply with Section 122(a) of the State and Local Fiscal Assistance Act of 1972.

C. Inspection of Records . Consultant/Co ntractor shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any time until six (6) months after the final payments under this Contract are made to the Consultant/Contractor.

D. Entirety of Agreement . This Contract constitutes the entire agreement between the parties relative to the servi ces specified herein and n o modification hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this Contract. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to thi s Contract, except those contained in or referred to in the writing.

E. Notices. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or en closed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:

CITY: City of Lincoln
Attn: City Manager
600 Sixth Street
Lincoln, CA 95648

CONSULTANT/CONTRACTOR: ______________

F. Governing Law. This Contract shall be interpreted and governed by the laws of the State of California.

G. Venue. Any action arising out of this Contract shall be brought in Placer County, California, regardless of where else venue may lie.

I. Counterparts. The parties may execute this Contract in two or more counterparts, which shall, in the aggregate, be signed by all the parties, each counterpart 60 shall be deemed an original instrument as against any party who has signed it.

CONSULTANT/CONTRACTOR CITY OF LINCOLN, a municipal corporation
____________________

_______________________________ _____________________________ (Authorized Signature)
_______________________________ _____________________________ Print Name Dated

_______________________________
Email address

APPROVED AS TO FORM:

_____________________________
Kristine Mollenkopf, City Attorney

____________________________
Dated

61 ATTEST:

_______________________________
Hope Ithurburn, City Clerk

_______________________________
Dated

City Accountability:

Department responsible for contract: _____________________ Staff responsible for contract: ___________________

ATTACHMENTS:
 Contract for Services (signed by Consultant/Contractor)  Current Insur ance Certificate (applicable to the contract & naming City as additional insured)
 Detailed Scope of Work & Specifications, including hourly rates, etc.  Amount____________________ & Account/Fund
_________________________________
 Current City Business License (required if working in Lincoln)  Copies of Quotes

62 EXHIBIT A

SCOPE OF WORK
63 EXHIBIT B

SCHEDULE OF PERFORMANCE
64 EXHIBIT C

CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
Labor Code § 1861

I am aware of the provisions of Sect ion 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

CONSULTANT/CONTRACTOR

By:___________________________
___
Title

_________________________________
Print Name

_________________________________
Date

65 EXHIBIT D

FACILITIES, EQUIPMENT, OTHER MATERIALS

Consultant/Contractor shall be responsible for providing all necessary facilities, equipment and personnel to undertake the necessary task(s) outlined in Exhibit A.

66 Attachment E
Projected Annual Costs – District Engineering Services (Five-Year Term) Year 1 Year 2 Year 3 Year 4 Year 5
District Engineering
Services
Descriptions
Effective
April 15,
2026
Effective
January 1,
2027
Effective
January
1, 2028
Effective
January 1,
2029
Effective
January
1, 2030
5-Year
Total
Landscape and
Lighting District No. 1
Admin Fee $34,950 $35,998.50 $37,078 $38,190.81 $39,337 $185,554 Benefit Assessment
District Admin Fee $6,625 $6,823.75 $7,028 $7,239.32 $7,456 $35,173 CFD 2004-1 Admin
Fee $3,550 $3,656.50 $3,766 $3,879.18 $3,996 $18,847
CFD 2004-2 Admin
Fee $2,150 $2,214.50 $2,281 $2,349.36 $2,420 $11,415
CFD 2010-1 Admin
Fee $2,150 $2,214.50 $2,281 $2,349.36 $2,420 $11,415
CFD 2018-1 Admin
Fee*
$1,175 per Tax Zone
plus $1.20 per taxable
parcel $34,800 $35,844.00 $36,919 $38,026.90 $39,168 $184,758 CFD 2018-2 Admin
Fee*
$1,175 per Tax Zone
plus $1.20 per taxable
parcel $16,525 $17,020.75 $17,531 $18,057.31 $18,599 $87,733 Administration
Support/Contingency $50,000 $51,500.00 $53,045 $54,636.35 $56,275 $265,457 Totals (Annual/Grand
Sum): $150,750 $155,273 $159,931 $164,729 $169,670 $800,352 *Based on conservative estimates for number of Tax Zones and Taxable Parcels.

The actual fee amount will depend on the final number of Tax Zones and Taxable Parcels placed on the property tax roll each year.

67 SUBJECT:

Waive Full Reading and Introduce by Title Only an Ordinance of the City of Lincoln Amending Certain Sections of Lincoln Municipal Code Chapter 3.24 - Contracts and Purchasing and Chapter 3.26 - Public Projects Subject to the Public Contract Code and Further Finding the Ordinance is Exempt From
Environmental Review Under the California Environmental Quality Act (CEQA). (Nita Wracker)
SUBMITTED BY:

Nita Wracker
DEPARTMENT:

Finance
DATE:

April 14, 2026

Item Number 14.A

STAFF RECOMMENDATION:

Staff recommends the City Council of the City of Lincoln conduct a public hearing, waive the full reading and introduce by title only, an ordinance of the City of Lincoln amending certain sections of the Lincoln Municipal Code Chapter 3.24 – Contracts and Purchasing and Chapter

3.26 – Public Projects Subject to the Public Contract Code, and further finding the Ordinance
is exempt from environmental review under the California Environmental Quality Act (CEQA) .

BACKGROUND/INTRODUCTION:

Chapter 3.24 – Contracts and Purchasing was originally enacted in 1988 (Ordinance 515B) and has been amended in 1993 (Ordinance 599B), 2001 (Ordinance 711B), 2019 (Ordinance 983B), 2020 (Ordinance 1012B) and it was repealed in re-enacted in 2022 (Ordinance 1049B).

Chapter 3.26 – Public Projects Subject to the Public Contract Code was originally enacted in 1988 (Ordinance 515B), and has been amended in 1993 (Ordinance 596B), 2001 (Ordinance 711B), 2019 (Ordinance 983B), and it was repealed in re-enacted in 2022 (Ordinance 1049B).

FINDINGS/ANALYSIS:

From time to time, it is a good practice to review and revise the Chapters 3.24 - Contracts and Purchasing as Chapter 3.26 - Public Project Subject to the Public Contract Code to update purchasing limits and processes in line with federal standards and government code. The City complies with Office of Management and Budget (OMB) 2 CFR 200 et seq. and Federal Acquisition Regulation (FAR) 48 CFR, Government Code sections 1090, 54202, 54203, 65402, 65401, Section 22000 et seq. of the Public Contract Code, 20101 of the California Public Contract Code. Revisions have been made to bring authorization thresholds closer to those allowed by Federal Acquisition Regulation, to provide clean up and edits to certain sections, and to ensure the city remains compliant with changes in laws and regulations.

STAFF REPORT
68 ATTACHMENTS:

Purchase code 3.24 3.26 Clean version.docx
Purchase_code_3.24_3.26_redline_revisions.rfc.docx
Purchasing_Code_updates_-_Ordinance__Introduction.doc
69 Lincoln, California Code of Ordinances

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Title 3 ‐ REVENUE AND FINANCE
CHAPTER 3.24 CONTRACTS AND PURCHASING

CHAPTER 3.24 CONTRACTS AND PURCHASING

Article I. General

3.24.010 Purpose and intent.

The ordinance codified in this chapter is enacted pursuant to the provisions of Government Code Sections 54202 and 54203 to establish policies and procedures governing purchases of goods and procurement of services.

It is the city's policy to establish efficient policies for the purchase of goods, procurement of services, and construction of public works at the lowest possible cost commensurate with the quality needed; to exercise effective and efficient financial control over such transactions; to clearly define authority for the purchasing and contracting function; and to assure the quality of purchases, services, and public works.

3.24.015 Applicability.

The provisions of this chapter, as well as any applicable state or federal laws, shall apply to (1) the purchase of equipment, supplies, products or materials ("goods"), (2) the procurement of services, (3) the procurement of professional services; and (4) public works projects, funded by the City of Lincoln.

3.24.200 Standards of conduct and general requirements.

The provisions of this chapter, as well as any applicable state or federal laws, shall apply to all purchases funded by the City of Lincoln.

A. Fair Competition. City employees must discharge their duties impartially to assure fair and open competition for city business by responsible vendors. In addition, they shall conduct themselves in a manner that will create confidence in the integrity of the city's purchasing operations. City employees will treat all vendors equally and fairly.

B. Conflicts of Interest. No city council member, employee, officer, or agent of the city may participate in the selection, award, or administration of a contract if he or she has a real or apparent conflict of interest. A conflict of interest includes any circumstances under which the city council member, employee, officer, or agent, or any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of those parties, has a financial interest in or a tangible personal benefit from a vendor considered for a contract. No officer, employee, or agent of the city may solicit or accept gratuities, favors, or anything of monetary value from vendors or parties to subcontracts. Disciplinary actions, up to and including termination for cause, will apply to any violation of these conflict of interest standards, in accordance with city policy, and/or, as applicable, a collective bargaining agreement, employment contract, or contract for services.

C. Economical Approach. All procurements must be undertaken in a manner that will avoid acquisition of unnecessary or duplicative items, which may include consideration of consolidating or breaking out procurements, lease alternatives, and other appropriate analysis to determine the most economical approach, subject to the limits of applicable law, including prohibitions against bid‐splitting. 70 Lincoln, California Code of Ordinances

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D. Oversight. Each department must maintain oversight over its procurements to ensure that vendors perform in accordance with the terms, conditions, and specifications of the contracts or purchase orders.

E. Dispute Resolution. Any and all protests, disputes, claims, and the like, arising from a procurement will be addressed promptly in accordance with good administrative practice and so und business judgment, and in compliance with all applicable legal or contractual requirements.

F. Specifications. All procurement solicitations should incorporate a clear and accurate description of the technical requirements or functions of the goods or services to be procured. However, such descriptions should not be drafted to unduly restrict competition among qualified vendors.

G. Business License. Pursuant to Municipal Code Chapter 5.04, Business Tax Certification, vendors are required to obtain a City of Lincoln business license if the vendor is conducting business in the city whether or not they are located in the city limits. This requirement may be waived by the city manager or designee when determined to not be applicable to the type of business being conducted by the vendor.

H. Legal Compliance and Interpretation. All city procurements subject to state or federal laws will be made in compliance with currently applicable state or federal laws and regulations. To the extent there is any conflict or inconsistency between such state or federal law or regulation, the more restrictive requirements will apply.

3.24.250 Exempt contracts.

Except as set forth below, and notwithstanding any other provision of law, the following purchases or contracts shall not be subject to this chapter:

A. Annual Membership Dues. Membership dues for professional and civic organizations to which the city is a member, including, without limitation, the League of California Cities, the Chamber of Commerce, and such similar professional and civic organizations that may charge an annual or other membership fee. Such contracts may be entered into and/or membership fees paid at the direction of the city manager, without prior city council approval, provided there is adequate funding allocated in the city budget.

B. Public Works Contracts. Contracts for public projects (public works) governed by the California Public Contracts Code, except that the provisions in this Chapter 3.26 of the Lincoln Municipal Code shall apply to such contracts.

C. Any contract or purchase that is otherwise authorized to be made without competitive procurement under applicable provisions of the California Public Contract Code, Government Code, or other applicable federal or state laws.

D. When, upon the majority vote of all of the members of the City Council, it is determined that it is in the best interests of the City to suspend formal bidding procedures for any purchase or contract .

E. Provided there is adequate funding allocated in the city budget the following purchase are specifically exempt from the purchasing and contracting procedures set forth in this chapter: advertisement and notice, courier/delivery/messenger, insurance claims and premiums, medical payments, court fees, payments to other governmental units, petty cash replenishment, property rentals, subscriptions, trade circulars or books, travel expense/advance.

F. Pursuant to Public Contracting Code § 10335.5(c), the following contracted services are exempt from advertising and public bidding requirements, unless otherwise required by specific grant obligations which fund such services:

1. Contracts solely for the purpose of obtaining expert witnesses for litigation;

2. Contracts for legal defense, legal advice, or legal services; 71 Lincoln, California Code of Ordinances

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3. Contracts that can only be performed by a public entity as defined in subdivision (b) of Section 605 of the Unemployment Insurance Code.

Contracts designated as exempt shall be subject to review and verification of exempt status by the City Attorney. Exempt contracts for temporary, short term, or emergency services may be approved and execute by the City Manager. Exempt contracts for long-term services or non-emergency services exceeding $50,000 shall be approved by the City Council.

Nothing in this section shall be interpreted to exempt the City from compliance with any competitive procurement requirement imposed by applicable federal or state law. Where such laws require competiti ve procedures, those requirements shall control.

3.24.030 Definitions.

The following terms, whenever used in this chapter, shall be construed as follows:
"Best value" means the best value to the city based on all factors, including: cost, contractor's ability, capacity or skill; ability to perform within the time required; character, integrity, reputation, judgment, experience and efficiency; quality of contractor's performance on previous purchases or contracts, if applicable; and the ability of the contractor to provide future maintenance, repair, parts and services, if necessary. "Bid" means a written offer, more formal than a quote, to furnish supplies, equipment, material, services or the construction of public works, in conformity with the specifications, delivery terms, and conditions required, at a guaranteed maximum cost.
"Bid bond" means financial security provided to guarantee that a bidder will enter into a contract with the city if a bid is awarded. It may be in the form of cash, cashier's check, certified check, or surety bond, in an amount not less than ten percent of the aggregate amount of the bid. "Goods" means supplies, equipment, and materials, including any and all articles, things or personal property furnished to or used by the city department or agency.
“Informal Competitive Process” shall include collecting a minimum of three (3) written quotes from qualified vendors.
"Professional services" means work performed by architectural, landscape architectural, engineering, environmental, land surveying, construction project management, and specialized professional services such as financial, economic, accounting, legal, (or administrative matters) lobbying firms, and by other specially trained persons. The selection of persons or firms to provide such professional services shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. Price may be considered after making a determination based upon professional qualifications.
"Public works project" means any of the following: (1) construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility; or (2) painting or repainting of any publicly owned, leased, or operated facility. A "public works project" does not include maintenance work. For purposes of this policy, "maintenance work" includes all of the following: (1) routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes; (2) minor repainting; (3) resurfacing of streets and highways at less than one inch; (4) landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems; or (5) work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs , power plants, and electrical transmission lines of 230,000 volts and higher. (See Public Contract Code Section 22002). "Purchase order (PO)" means a document memorializing a purchase or service transaction with a vendor and/or authorizing the payment of funds for a purchase or service. "Quote" means a verbal or written promise from a vendor/contractor guaranteeing to provide certain goods, supplies, or services for a fixed price.
72 Lincoln, California Code of Ordinances

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“Qualified Vendors” means vendors previously identified through an RFQ proce ss. Qualified Vendors may also be identified as “on-call vendors”. Additionally, Qualified Vendors may be identified through online research, previous city contract work, referrals from other departments or public agencies. "Request for proposal" and "RFP" mean a solicitation for a competitive proposal that states the technical requirements for the services desired. "Request for qualifications" and "RFQ" means a request seeking a written presentation of the professional qualifications and experience of a proposed contractor. "Services" means the furnishing of labor, time or effort (sometimes parts are included) to perform or complete a designated task. Some examples of services include janitorial, landscaping, pest control, and refuse disposal. The emphasis is on physical, rather than professional/intellectual capabilities. Services do not include public works projects, utility services, insurance services, professional services, services rendered by city officers or employees, or another governmental agency, or contractual services which are in their nature unique or not subject to competition.
"Vendor" means a supplier of goods, services or professional services.

3.24.040 Purchasing officer.

The city manager, or designee, shall be the city's purchasing officer, and generally supervises the purchasing and contracting functions described in this chapter. The purchasing officer, or designee, is responsible for the overall administration of the policies codified in this chapter.

3.24.600 Authorization limits and competitive bid requirements.

The following authorization limits shall apply to All purchases except Public Works Projects, which are covered by the Public Contract Code section 20161, et seq.

A. Micro‐Purchases —$15,000 or Less.

1. Authority. A department manager, or designee, is authorized to purchase goods or services for an amount up to $15,000 if adequate funds have been appropriated by the city council in the budget.

2. Micro‐purchases (as defined by 2 CFR § 200.67 & FAR 48 CFR Subpart 2.1) shall be completed using simplified acquisition procedures. Micro‐purchases may be completed without soliciting competitive price or rate quotations, purchase card or Cal‐cards may be used for micro‐ purchases. The current micro‐purchase threshold is $15,000 and may be periodically adjusted for inflation by Federal Acquisition Regulation (FAR). Should an adjustment by FAR occur, the micro‐ purchase shall automatically be adjusted by the City without consideration of amendments to this chapter.

B. Open Market Purchases ‐ $15,000 and up to $50,000.

1. Authority. A department head, or designee, is authorized to purchase goods or services for an amount up to $50,000 if adequate funds have been appropriated by the city council in the budget.

2. Open Market Purchases may be completed using the informal solicitation process for purchases of $15,000 and up to $50,000. Informal Solicitation Processes includes acquiring oral or written competitive price or rate quotations. A minimum of three oral or written quotes is preferred however, in some situations, it may not be possible to obtain three quotes. The vendor offering the best value shall be selected. If the lowest price quote is not selected, the department shall document in the file the basis for the selection of the vendor. The purchase off icer, or designee, may waive the requirement for bid solicitation, if waiving the requirement is in the best interest of the city. The reason for the waiver of any purchasing requirement must be documented and retained by the department.
73 Lincoln, California Code of Ordinances

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C. Purchases —$50,000 and up to $100,000.

1. Authority. The city manager, or designee, is authorized to purchase goods or services for an amount up to $100,000, if adequate funds have been appropriated by the city council in the budget.

2. Informal competitive process. —For purchases of $50,000 and up to $100,000, the department must complete an informal competitive process, in the manner set forth in this chapter, informal requests for proposals. A contract will be fully executed with signatures by the selected vendor and the contract administrator. The contract will be in a standardized format approved by the city attorney, unless an exception is made by the city attorney, and will be attested by the city clerk. City council may waive this process if they find by resolution that it is in the best interest of the city to do so or in the case of an emergency purchase.

D. Purchases exceeding $100,000.

1. Authority. Purchases exceeding $100,000 must be approved by the city council. City council appropriation of funds is required prior to or concurrently with city council approval.

2. Formal Bids—Competitive Sealed Bids. For purchases of more than $100,000, the department must seek competitive sealed bids, in the manner set forth under in this chapter, formal bids—competitive sealed bid process. A contract for goods will be fully executed with signatures by the selected vendor and the manager, or designee. The contract will be in a standardized format approved by the city attorney, unless an exception is made by the city attorney, and will be attested by the city clerk. City council may waive the formal bidding requirement if they find by resolution that it is in the best interest of the city to do so or in the case of an emergency purchase.

E. Professional Services

1. The department using a professional may award a contract for services in accordance with the purchasing authorizations and limitations of this policy.

2. Authority. If adequate funds have been appropriated by the city council in the budget, department heads are authorized to procure professional services for an amount up to $50,000, and the city manager, or designee, is authorized to procure professional services for an amount up to $100,000. Professional services in excess of $100,000 require city council approval.

Amendments to contracts which result in the total annual contract amount to exceed the authority of the city manager or designee shall require city council approval.

3. No Competitive Bid Process. For the procurement of professional services by a department head in an amount of $50,000 or less, no competitive bid process or request for proposals is required, but the department shall endeavor to procure services at the lowest cost commensurate with the quality needed. The department shall retain evidence of the organizations that were considered and the reason for choosing the selected organization. The city’s terms and conditions shall be forwarded to selected vendor(s) for review and approval.

4. Informal Request for proposals. For procurement of professional services more than $50,000 and up to $100,000 by a department head, the department must perform an informal Request for proposals, in the manner set forth in this chapter. A contract for services will be fully executed with signatures by the selected vendor and the manager or designee. The contract for services will be in a standardized format approved by the city attorney, unless an exception is made by the city attorney, and will be attested by the city clerk. Any waiver of requirements included in this section shall be approved by the city council by resolution.

5. Authority. Purchases exceeding $100,000 must be approved by the city council. City council appropriation of funds is required prior to or concurrently with city council approval.

6. Formal Bids—Competitive Sealed Bids. For purchases of more than $100,000, the department must seek competitive sealed bids, in the manner set forth under in this chapter, formal bids — 74 Lincoln, California Code of Ordinances

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competitive sealed bid process. A contract for goods will be fully executed with signatures by the selected vendor and the manager, or designee. The contract will be in a standardized format approved by the city attorney, unless an exception is made by the city attorney, and will be attested by the city clerk. City council may waive the formal bidding requirement if t hey find by resolution that it is in the best interest of the city to do so or in the case of an emergency purchase.

F. Third Party Deposit Contracts.

1. Notwithstanding the above limits, the city manager, or designee, is authorized to execute a contract for professional services without city council approval if a third party, including but limited to a developer or utility company has deposited funds sufficient to cover the full amount of the contract with the city (as verified by the director of finance or designee and community development director or designee), and such funds are held in a deposit account that restricts the use of the funds to pay for city‐managed professional services contracts. Any contract entered into pursuant to this paragraph shall be entered into in accordance with state law, city ordinances and adopted city policies, as applicable, including the same competitive process as would be required for a city‐funded contract for professional services. The selection of a contractor to provide professional services shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. Selection based upon price alone is prohibited; however, price is a factor that may be considered.

3.24.800 Formal bids—Competitive sealed bid process shall be used for purchases of more than $100,000, the limit for public works projects has been set forth in Chapter

3.26 Public Projects Bidding Procedures.

The formal bid (competitive sealed bid) process, shall proceed as described below:

A. Invitation and Notice. A bid invitation and the public notice inviting bids shall be issued and shall state the project to be done, including a general description of the work to be bid, where bidding forms a nd project documents, including final plans and specifications may be obtained, whether there will be a mandatory pre‐bid conference, site visit, etc. Public notice of the invitation for bids shall be given at least fifteen (15) calendar days prior to the date set for the opening of bids. Such notice may include a publication in a newspaper of general circulation within ten (10) days prior to bid opening. The public notice and all invitations to bid shall state the place, date and time of bid opening and sh all state the date and time by which the bids are due and that the bids should be submitted to the City Clerk or designee.

B. Bid Opening. Bids shall be opened publicly in the presence of one or more witnesses at the noticed place and not earlier than the time designated in the invitation for bids. The tabulation of all bids received shall be open to public inspection after the bid opening.

C. Bid Evaluation and Acceptance. Bids received at or prior to the time set for bid opening shall be unconditionally accepted without alteration or correction, except as authorized in this policy. Bids shall be evaluated to determine the lowest responsive and responsible bidder. The process includes a determination of: (1) which bidder is the lowest monetary bidder; (2) whet her the lowest monetary bidder submitted a responsive bid; and (3) whether or not the lowest monetary bidder is responsible.

1. To be responsive, the bid must conform to the material terms of the bid package. The requirements set forth in the invitation for bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total or life cycle costs. The invitation for bids shall set forth the evaluation criteria to be used. No criteria 75 Lincoln, California Code of Ordinances

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may be used in bid evaluations that are not set forth in the invitation for bids. City may waive any informality, irregularity, immaterial defects or technicalities in any response.

D. Correction or Withdrawal of Bids. Subject to any provisions of federal or state granting authorities to the contrary, correction or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of awards or contracts based on such bid mistakes, shall be in accordance with this section. Mistakes discovered before bid opening may be modified or withdrawn by written notice received in the office designated in the invitation for bids prior to the time set for bid opening. After bid opening, no corrections to bid or provisions shall be permitted but, in lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if: (a) the mistake is clearly evident on the face of the bid document, or (b) the bidder submits evidence that clearly and convincingly demonstrates that a mistake was made. All decisions to permit the correction or withdrawal of bids shall be supported by a written determination made by the city.

E. In addition to price, the lowest bidder must be a responsible bidder, meaning that the bidder must demonstrate the attributes of trustworthiness, quality, fitness, capacity and experience to satisfactorily perform the contract. Factors to be considered may include performance history, reliable financial information, bonding and insurance capacity, public works experience, personnel, litigation history, the ability, capacity, and skill to perform the contract, experience to perform the contract, the bidder must have the facilities and financial resources necessary to perform the contract within the time specified, without delay or interference; and, the bidder must have a record of satisfactory performance of prior contracts and a record of compliance with laws and ordinances applicable to the contract.

1. If a responsive bidder who otherwise would have been awarded a contract is found to not be responsible, a written determination of non‐responsibility, setting forth the basis of the finding, shall be prepared by the city manager, or designee. The unreasonable failure of a bidder to supply promptly information in connection with an inquiry with respect to responsibility may be grounds for a determination of the bidder not being responsible. A copy of the determination shall be sent promptly to the non‐responsible bidder and shall be made part of the contract file.

F. Award. The contract shall be awarded to the lowest responsive and responsible bidder. The process of selecting the lowest bidder includes a determination of which bidder is the lowest monetary bidde r, whether or not the lowest monetary bidder submitted a responsive bid, and whether or not the lowest monetary bidder is also a responsible bidder.

G. Cancellation of Invitations. An invitation for bids may be cancelled, or any or all bids or proposals may be rejected in whole or in part as may be specified in the solicitation. Each solicitation issued by the city shall state that the solicitation may be cancelled and that any bid or proposal may be rejected in whole or in part at the city's discretion with or without a showing of good cause.

H. Bonds.

1. The city may require a bid bond with any bid, or a performance bond before entering into a contract, in such amount as it finds reasonably necessary to protect the best interests of the city.

The form and amount of any bond shall be described in the notice inviting bids.

3.24.801 Informal Requests for proposal—Competitive process shall be used for purchases of more than $50,000 and up to $100,000.

The informal request for proposal process is as follows:

A. Should a Qualified Vendors list be available for the service or products to be procured, a notice requesting proposals ("RFP") may be issued to qualified vendors and include a general description of the services or products to be procured, shall state the form of proposal an d specifications and the time and place for the delivery of proposals. Electronic notice of the informal RFP shall be given at least ten calendar days prior to the date set for the delivery of proposals. 76 Lincoln, California Code of Ordinances

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B. If a Qualified Vendors list is not available, qualified vendors may be identified through online research, previous city contract work, referral from other departments or public agencies.

C. Evaluation Factors. The RFP shall identify all evaluation factors that will be used by the city, and the relative importance of the evaluation factors, including price.

D. Interviews with Responsible Vendors and Revisions to Proposals. The city may conduct interviews and negotiations with vendors whose proposals are responsive to the RFP, for the purpose of gaining full understanding of the proposal contents. Vendors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. Such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of the identity of competing vendors, or any information derived from proposals submitted by competing vendors.

E. Award. Award shall be made to the responsible vendor whose proposal is determined in writing to be the most advantageous to the city, taking into consideration the evaluation factors, including price, set forth in the RFP. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made.

3.24.910 Request for proposal—Competitive sealed proposal process shall be used for the procurement of general or professional services in an amount more than $100,000, excepting legal services.

The request for proposal competitive sealed proposal process ("RFP" process) is as follows:

A. Request for Proposals and Notice. A notice requesting proposals ("RFP") shall be issued and shall include a general description of the services to be procured, shall state where proposal forms and specifications may be obtained and the time and place for the delivery of proposals. Public notice of the RFP shall be given at least ten calendar days prior to the date set for the delivery of proposals.

B. Evaluation Factors. The RFP shall identify all evaluation factors that will be used by the city, and the relative importance of the evaluation factors, including price.

C. Interviews with Responsible Vendors and Revisions to Proposals. The city may conduct interviews and negotiations with vendors whose proposals are responsive to the RFP, for the purpose of gaining full understanding of the proposal contents. Vendors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. Such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of the identity of competing vendors, or any information derived from proposals submitted by competing vendors.

D. Award. Award shall be made to the responsible vendor whose proposal is determined in writing to be the most advantageous to the city, taking into consideration the evaluation factors, including price, set forth in the RFP. No other factors or criteria shall be used in the evaluation. The contract fil e shall contain the basis on which the award is made.

E. Determination of Non‐responsibility; Cancellation of Invitations; Bonds. The provisions set forth under Section 3.24.080.E., formal bids—competitive sealed bid process, relating to determination of non‐ responsibility, cancellation of invitations, and bonds (except labor and materials bonds), shall apply to the RFP process.

F. Requests for Qualifications. A request for qualifications ("RFQ") is a document used to gather information from multiple companies to generate a pool of prospects. This short‐list identifies candidates which meet the desired qualifications. An RFQ shall include a general description of the qualifications desired and the services to be procured, shall state where forms and further infor mation may be obtained, and the time and place for the delivery of responses. Public notice of the RFQ shall be given at least ten calendar days prior to the date set for the delivery of responses. 77 Lincoln, California Code of Ordinances

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3.24.100 Exceptions to formal and informal competitive process.

The solicitation and competitive processes identified in this chapter shall not apply in the following circumstances.

A. Sole or Limited Source (No Competitive Advantage by Soliciting Bids). A contract may be awarded without competition when the city determines in writing, after conducting a good faith review of available sources, that there is only one source for the required goods, service, or construction item. In addition, in limited and unique circumstances, competitive bidding and/or the RFP process is not required when it would be impossible, or not in the public interest. This exception may apply when the purchase is for: (1) a specialized technology product or service, (2) an addition to, or repair or maintenance of, existing equipment which can be more efficiently added to, repaired or maintained by a particular company or manufacturer, or (3) equipment which must be compatible with existing equipment, by reason of the training of the personnel or an inventory of existing replacement parts kept by the city. In the case of contracts of $100,000 or less, this determination shall be made by the city manager and, in the case of contracts in the amount of more than $100,000, this determination shall be made by the city council. The city manager or designee shall conduct negotiations, as appropriate, as to price, delivery, and terms. A statement of the basis for the sole source determination shall be provided to the city clerk along with the fully‐executed contract.

C. Cooperative Purchasing/Procurement. The city is authorized to enter into cooperative purchasing/procurement arrangements with other governmental entities (i.e., joint power authorities) without separate competitive bidding by the city if a governmental agency has solicited bids and awarded a contract for the goods or services which the city desires to obtain, and participation in such a purchase is agreeable to the bidder awarded the contract and the city manager finds that participation in such group purchasing agreement is for the benefit of the city.

D. Piggyback Purchasing. Piggyback contracting occurs when one entity assigns the contractual rights it has in a contract to another. The city is authorized, without prior competitive bidding, to contract for the purchase of goods or procurement of services with vendors who have been awarded contracts by government agencies (such as other cities, counties, etc.), for the purchase of goods or services under the competitive processes applicable to the government agency, within the past three years. In the case of contracts of $100,000 or less, this determination shall be made by the city manager and, in the case of contracts in the amount of more than $100,000, this determination shall be made by the city council. A contract directly between the city and the vendor is required for the purchase of goods or the procurement of services rendered through a piggyback purchasing arrangement, unless otherwise approved by the city attorney.

3.24.110 Emergency Purchases.

Notwithstanding any other provisions of this chapter, the city may make emergency purchases of supplies, services, constructions items, etc. when there exists a threat to public health, welfare, or safety; provided that such emergency purchases shall be made with such competition as is practicable un der the circumstances. A statement of the basis for the sole source determination shall be provided to the city clerk along with the fully executed contract. In the case of contracts or purchases less than $100,000, this determination shall be made by the city manager, and in the case of contacts or purchases in the amount of $100,000 or more, this determination shall be made retroactively by the city council.

3.24.115 Federal, State or Grant funded projects.

Any procurement made pursuant to a federal, state or grant award or subject to reimbursement, in whole or in part, must comply with the requirement stated in the funded award and the applicable federal procurement 78 Lincoln, California Code of Ordinances

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requirements, including 2 CFR § 200 and or 48 CFR § 31. In the event of any conflict betw een federal, state, or grant requirements, the most stringent requirement must be used.

3.24.120 Recycled Products.

Under existing state law enforced through CalRecycle, the city is required to purchase paper products and printing and writing papers that contain recycled content (at least 30 percent, by fiber weight, postconsumer fiber) when it is available at no greater cost than non‐recycled products and if the fitness and quality are equal to non‐ recycled products. If possible and feasible, it is recommended to also select paper products that are recyclable.

This practice applies to all paper products, including but not limited to printing paper, office paper, and janitorial paper products (toilet paper, paper towels, toilet seat covers, etc.). The city shall attempt to procure the highest postconsumer content practicable for other items including construction, landscaping, parks and recreation, transportation, vehicles, miscellaneous, and other non‐paper office products.

3.24.125 General requirements.

The following general policies shall apply.

A. Procurement of goods or services shall be made by written contract, purchase order or purchase request form unless purchased utilizing a city purchase card/Cal Card or unless otherwise directed by the purchasing officer. Contracts shall be in a form approved by the city attorney, unless an exception is made by the city attorney.

B. Insurance. A vendor of services or professional services is required to provide insurance certificates and endorsements. Generally, the types of insurance, amount of coverage, and policy endorsements shall be consistent with the recommendations of NCCSIF third party insurance administrators. The city attorney may waive or reduce the insurance requirements.

C. Structuring and Splitting. The structuring or splitting of the purchases or projects for the purpose of evading the provisions of this chapter is prohibited.

D. City Attorney Contract Review. The city attorney shall approve all contracts in excess of $10,000, including amendments to contracts, as to form and legality prior to the execution of the contract by the authorized city official. City attorney approval on change orders to public works projects is not required, but may be requested, at the discretion of the city manager or department head responsible for the public works project.

E. Multi‐Year Contracts. Unless otherwise approved by the city counci l, a contract may be entered into for any period of time deemed to be in the best interest of the city; provided that the term of the contract and renewal provisions are included in the contract.

1. Contracts may contain auto‐renewal provisions, as approved by the city attorney. Funds must be appropriated prior to contract execution for the first fiscal year's obligation. The contract must allow the city to cancel the agreement without penalty if the city council does not appropriate funds after the first year of the contract.

2. Notwithstanding contract extensions, prior to a contract renewal beyond the initial term, departments must conduct new bid, solicitation for quotes, or RFP process for the goods, services or professional services, excluding legal services and financial software. The city manager may authorize an exception to this re‐bid requirement for good cause, which shall be documented and maintained by the department.

F. Encumbrance of Funds. Except in cases of emergency, or by order of the city council , purchase orders shall not be issued, unless there exists an unencumbered appropriation within the department's budget.

G. Recordkeeping. Each department is responsible for maintaining its own purchasing and contracting records, including RFP and bidding documentation, pursuant to the city's current record retention 79 Lincoln, California Code of Ordinances

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policy. Original wet signature or digitally signed contracts, along with a paper or electronic copy of RFP and bidding documentation, must be provided to the city clerk for safekeeping/recordkeeping purposes.

3.24.130 Disposition of surplus supplies, materials and equipment.

A. All city departments shall submit to the purchasing officer or designee, at such times and in such form as prescribed, reports showing all supplies, materials and equipment which are no longer needed, or which have become obsolete or worn out. The purchasing officer or designee shall have author ity to sell all supplies, materials and equipment which cannot be used, or which have become unsuitable for city use, or to exchange the same for, or trade in the same on, new supplies, materials and equipment. The purchasing officer, or designee, has the authority to declare item(s) with a market value of less than $10,000 surplus.

For items valued in excess of $10,000 as such sales shall be made by solicitation of informal bids/written offers for purchase. If there are no bids, the property may be sold at private sale, donated to charity, or disposed of in the manner most economically beneficial to the city.

B. The amount received for any property sold pursuant to this chapter shall be deposited in the general fund or other fund so designated by the purchasing officer.

C. Except as provided by state code, the purchasing officer shall determine the disposition of unclaimed or abandoned property in the possession of the police department.

D. Notwithstanding the foregoing, the public safety chief may allow the sale of a police officer’s duty handgun to said officer at the time of his or her honorable retirement from city service, at the full replacement price of the handgun. The public safety chief shall determine an officer’s standing with the city at the time of the officer’s separation and will not permit the sale upon circumstances other than honorable retirement. No portion of this section shall supersede the officer’s need to meet all legal requirements to possess a firearm.

All transfer documents pertaining to the sale will be completed through a dealer in possession of a Federal Firearms License and all sale and transfer costs shall be paid by the retiring officer.

Notwithstanding the foregoing, the library may sell or trade surplus and donated library materials.

For this purpose, “Library Materials: shall include, but not be limited to, books, magazines, newspapers, maps, audiocassettes, audio discs (CDs), videocassettes, video discs (DVDs), and video games. Funds from the sale of library materials shall be deposited in the library’s miscellaneous revenue account and be used to purchase new library materials.

E. Prohibited Transactions ‐ In accordance with Government Code section 1090, all members of the City Council, any other elected City officials, and the City Manager are prohibited from purchasing surplus City real or personal property. Staff members generally are eligible to buy surplus City real or personal property noticed for sale on the same terms and conditions as those offered to members of the public, except that any City employee who actively participated in determining an item’s price, surplus status, or conditions of sale is prohibited from purchasing such items because the employee is deemed by law to hav e a prohibited interest in the sale. The City Manager, in consultation with legal counsel, will determine if an employee has a prohibited interest in an item of surplus property.

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Title 3 ‐ REVENUE AND FINANCE
CHAPTER 3.24 ‐ CONTRACTS AND PURCHASING
Article III. Acquisition and Disposition of Interests in Real Property

Article II. Acquisition and Disposition of Interests in Real Property

3.24.280 Leases of real property.

A. City‐Owned Real Property. The city council shall be the authorizing authority for all leases and licenses of city‐owned property. If consideration for a lease or license is in excess of $1,000 per year, the property shall be leased or licensed by means of competitive proposals unless the city council finds that an award without competitive proposals is in the best interests of the city. If competitive proposals are solicited for leases or licenses of city‐owned property, the city shall have discretion to determine the proposal process and to determine the proposal which best meets the needs of the city, which may not necessarily be the highest priced proposal.

B. City Lease of Private Property.

1. Leases of private property by the city with a total lease amount of $100,000 or more shall be authorized by the council.

2. Leases of private property by the city with a total lease amount less than $100,000 may be authorized by the city manager.

3.24.290 Acquisition of real property.

The acquisition of real property, whether by negotiation, dedication, or eminent domain, shall be in accordance with state law.

3.24.300 Disposition of real property.

A. Procedures for the disposition of real property shall be in accordance with state law. In accordance with Section 65402(a) of the California Government Code, the council hereby determines that the provisions of that section shall not apply to:

1. The disposition of the remainder of a larger parcel which was acquired and used in part for street purposes;

2. Acquisitions, dispositions, or abandonments for street widening; or

3. Alignment projects, provided such dispositions for street purposes, acquisitions, dispositions, or abandonments for street widening or alignment projects are of a minor nature.

B. The report of the planning commission regarding the conformance of a capital improvement project with the general plan made pursuant to Section 65401 of the California Government Code shall also constitute the report required by Section 65402(a) of the California Government Code regarding each acquisition or disposition of real estate, street abandonment or vacation, or public building or structure included in that capital improvement project.
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C. The disposition of real property shall be by competitive proposals unless the city council determines that disposition without competitive proposals is in the best interests of the city. If competitive proposals are solicited for the disposition of city‐owned property, the city shall have discretion to determine the proposal process and to determine the proposal which best meets the needs of the city, which may not necessarily be the highest priced proposal.

CHAPTER 3.26 PUBLIC PROJECTS SUBJECT TO THE PUBLIC CONTRACT CODE

3.26.010 Uniform Public Construction Cost Accounting Act.

The city elects to be subject to the Uniform Public Construction Cost Accounting Act as set forth in Section 22000 et seq. of the Public Contract Code (“Act”), and the uniform construction cost accounting procedures. "Public project" shall have the meaning provided in Section 22002(c) of the Act, as that section may be amended from time to time. A public project shall not include maintenance work as provided in Section 22002(d) of the Act.

3.26.200 Prequalification of bidders.

This section is enacted pursuant to Section 20101 of the California Public Contract Code, which enables the city to establish a system for prequalification of prospective bidders on public works construction and maintenance projects. In addition, pursuant to the city's general police powers under California Constitution Article 11, Section 7, the city desires to apply this process to the award of public works maintenance contracts in order to ensure that bidders are qualified to perform city public works ma intenance.

A. Prequalification of Bidders.

1. The city hereby establishes a system for prequalification of prospective bidders for public works construction and maintenance projects. The city may use the prequalification system identified in this section for any public works project.

2. The public works director is authorized to adopt and apply a uniform system of rating bidders for each project based on:
a. The requirements of Section 20101 of the California Public Contract Code; and b. The model guidelines and standardized questionnaire created by the state of California Department of Industrial Relations, as modified at the city’s discretion to address the needs of the particular project, or projects, to which they are to be applied. b. Notwithstanding the provisions of this section, the city may require prequalification of prospective bidders on any public works project or to engage in a program of prequalification of prospective bidders, on public works projects on a recurring basis as provided in Section 20101 of the California Public Contract Code.

3. If prequalification of prospective bidders is required for a particular project, the city shall determine which bidders are qualified to bid that project based upon the uniform system of rating bidders. If the city determines any bidder is not qualified to bid a project, a written or electronic notice will be provided that includes the basis for the determination and an identification of any supporting evidence therefor, and an opportunity for the bidder to appeal the determination. A copy of all prequalification determinations shall be filed with the city clerk at least ten days prior to the scheduled bid opening.

B. Appeals.

1. The appellant shall submit a written notice of appeal to the city clerk, along with a complete written description of all factual and legal bases for the appeal and accompanied by a fee in the amount established by resolution of the city council, no later than ten (10) days after the city has provided written notice of the determination. Should the appellant prevail in its appeal, the deposit shall be 82 Lincoln, California Code of Ordinances

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returned to the appellant and the city shall bear the costs of the appeal. If the appellant does not prevail, the deposit shall be used to pay all costs associated with the appeal. If the deposit is insufficient to pay the entirety of the costs of the appeal, the appellant shall pay the remaining costs within thirty 30 days after the decision. Any failure by the appellant to timely pay any outstanding appeal costs, as required herein, shall be considered by the city in future prequalification proceedings.

2. Upon receipt of the request from the appellant, required deposit, and request for hearing, the hearing shall be conducted so that it is concluded no later than five (5) business days prior to the last date for the receipt of bids on the project or twenty (20) days following the city's receipt of the notice of appeal, whichever is sooner. The hearing shall be an informal process conducted by an arbitrator, who shall be an attorney experienced in public works and construction matters. The arbitrator may be selected by the mutual consent of the appellant and the city. If an agreement cannot be reached regarding the selection of the arbitrator, the appellant and the city shall each exchange a list of three arbitrators they would be willing to accept. In turn, beginning with the appellant, each party shall strike one name from the other party's list until only one name remains and that remaining person shall be the arbitrator. If the arbitrator selected is unavailable, the parties shall repeat the process until they succeed in selecting an available arbitrator.

3. At the hearing, the appellant and the city shall each be provided an opportunity to be represented by legal counsel and to present or rebut any evidence bearing upon the issues presented in the appeal.

Each party shall bear his, her, its, or their own attorneys' fees, regardless of the outcome of the appeal.

4. The arbitrator shall consider relevant evidence presented during the hearing and provide a written decision on the appeal to the city, with a copy to the city clerk, and the appellant within one business day after the close of the hearing. The time identified in this section for providing the arbitrator's decision may be extended only by consent of the city and the appellant and such an extension shall not affect or require a delay in a scheduled time for opening of bids for any public works project. Failur e by the arbitrator to render a timely decision shall be deemed a denial of the appeal.

5. The arbitrator's decision shall be final.

3.26.030 Public projects of $75,000 or less.

Public projects of $75,000 or less, or in such sum as may be authorized by California Public Contracts Code § 22032(a), may be performed by the employees of the city by force account, by negotiated contract or by purchase order.

3.26.400 Public projects of $220,000 or less.

Public projects of $220,000 or less, or in such sum as may be authorized by California Public Contracts Code § 22032(b), may be let to contract by informal procedures as set forth in Section 22034(a) of the Act to a list of qualified contractors.

1. The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for the submission of bids.

2. The city council may delegate the authority to award informal contracts to the public works director, purchasing officer or city manager.

3. If all bids received are in excess of $220,000, the city council by passage of a resolution by a four‐fifths vote, award the contract, at $235,000, or less, or in such sum as may be authorized by California Public Contracts Code § 22034(d), to the lowest responsible bidder, if it determines the cost estimate of the city was reasonable.

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3.26.050 Public projects of more than $220,000.

Public projects of more than $220,000, or in such sum as may be authorized by California Public Contracts Code § 22032(c), shall, except as otherwise provided in the Act, be let to contract by formal bidding procedure.

3.26.060 In Cases of Emergency.

In cases of emergency when repair or replacements are necessary, the governing body may proceed at once to replace or repair any facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. Notice for bids to let contracts will not be given § 22035(a).

3.26.070 Rejection of Bids.

In its discretion, the city may reject any bids present in accordance with Section 22038.

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Title 3 ‐ REVENUE AND FINANCE
CHAPTER 3.24 CONTRACTS AND PURCHASING

CHAPTER 3.24 CONTRACTS AND PURCHASING

Article I. General

3.24.010 Purpose and intent.

3.24.015 Applicability.

3.24.200 Standards of conduct and general requirements.

The provisions of this chapter, as well as any applicable state or federal laws, shall apply to all purchases funded by the City of Lincoln.

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3.24.250 Exempt contracts.

Except as set forth below, and notwithstanding any other provision of law, the following purchases or contracts shall not be subject to this chapter:

1. Contracts solely for the purpose of obtaining expert witnesses for litigation;

2. Contracts for legal defense, legal advice, or legal services; 86 Lincoln, California Code of Ordinances

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3. Contracts that can only be performed by a public entity as defined in subdivision (b) of Section 605 of the Unemployment Insurance Code.

3.24.030 Definitions.

The following terms, whenever used in this chapter, shall be construed as follows:
"Best value" means the best value to the city based on all factors, including: cost, contractor's ability, capacity or skill; ability to perform within the time required; character, integrity, reputation, judgment, experience and efficiency; quality of contractor's performance on previous purchases or contracts, if applicable; and the ability of the contractor to provide future maintenance, repair, parts and services, if necessary. "Bid" means a written offer, more formal than a quote, to furnish supplies, equipment, material, services or the construction of public works, in conformity with the specifications, delivery terms, and conditions required, at a guaranteed maximum cost.
"Bid bond" means financial security provided to guarantee that a bidder will enter into a contract with the city if a bid is awarded. It may be in the form of cash, cashier's check, certified check, or surety bond, in an amount not less than ten percent of the aggregate amount of the bid. "Goods" means supplies, equipment, and materials, including any and all articles, things or personal property furnished to or used by the city department or agency.
“Informal Competitive Process” shall include collecting a minimum of three (3) written quotes from qualified vendors.
"Professional services" means work performed by architectural, landscape architectural, engineering, environmental, land surveying, construction project management, and specialized profess ional services such as financial, economic, accounting, legal, (or administrative matters) lobbying firms, and by other specially trained persons. The selection of persons or firms to provide such professional services shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. Price may be considered after making a determination based upon professional qualifications.
"Public works project" means any of the following: (1) construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility; or (2) painting or repainting of any publicly owned, leased, or operated facili ty. A "public works project" does not include maintenance work. For purposes of this policy, "maintenance work" includes all of the following: (1) routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly opera ted facility for its intended purposes; (2) minor repainting; (3) resurfacing of streets and highways at less than one inch; (4) landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems; or (5) work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher. (See Public Contract Code Section 22002). "Purchase order (PO)" means a document memorializing a purchase or service transaction with a vendor and/or authorizing the payment of funds for a purchase or service. "Quote" means a verbal or written promise from a vendor/contractor guaranteeing to provide certain goods, supplies, or services for a fixed price.
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“Qualified Vendors” means vendors previously identified through an RFQ process. Qualified Vendors may also be identified as “on-call vendors”. Additionally, Qualified Vendors may be identified through online research, previous city contract work, referrals from other departments or public agencies. "Request for proposal" and "RFP" mean a solicitation for a competitive proposal that states the technical requirements for the services desired. "Request for qualifications" and "RFQ" means a request seeking a written presentation of the professional qualifications and experience of a proposed contractor. "Services" means the furnishing of labor, time or effort (sometimes parts are included) to perform or complete a designated task. Some examples of services include janitorial, landscaping, pest control, and refuse disposal. The emphasis is on physical, rather than professional/intellectual capabilities . Services do not include public works projects, utility services, insurance services, professional services, services rendered by city officers or employees, or another governmental agency, or contractual services which are in their nature unique or not subject to competition.
"Vendor" means a supplier of goods, services or professional services.

3.24.040 Purchasing officer.

3.24.600 Authorization limits and competitive bid requirements.

The following authorization limits shall apply to All purchases except Public Works Projects, which are covered by the Public Contract Code section 20161, et seq.

A. Micro‐Purchases —$15,000 or Less.

1. Authority. A department manager, or designee, is authorized to purchase goods or services for an amount up to $15,000 if adequate funds have been appropriated by the city council in the budget.

B. Open Market Purchases ‐ $15,000 and up to $50,000.

1. Authority. A department head, or designee, is authorized to purchase goods or services for an amount up to $50,000 if adequate funds have been appropriated by the cit y council in the budget.

2. Open Market Purchases may be completed using the informal solicitation process for purchases of $15,000 and up to $50,000. Informal Solicitation Processes includes acquiring oral or written competitive price or rate quotations. A minimum of three oral or written quotes is preferred however, in some situations, it may not be possible to obtain three quotes. The vendor offering the best value shall be selected. If the lowest price quote is not selected, the department shall document in the file the basis for the selection of the vendor. The purchase officer , or designee, may waive the requirement for bid solicitation, if waiving the requirement is in the best interest of the city. The reason for the waiver of any purchasing requirement must be documented and retained by the department.
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C. Purchases —$50,000 and up to $100,000.

1. Authority. The city manager, or designee, is authorized to purchase goods or services for an amount up to $100,000, if adequate funds have been appropriated by the city council in the budget.

D. Purchases exceeding $100,000.

1. Authority. Purchases exceeding $100,000 must be approved by the city council. City council appropriation of funds is required prior to or concurrently with city council approval.

E. Professional Services

1. The department using a professional may award a contract for services in accordance with the purchasing authorizations and limitations of this policy.

Amendments to contracts which result in the total contract amount to exceed the authority of the city manager or designee shall require city council approval.

5. Authority. Purchases exceeding $100,000 must be approved by the city council. City council appropriation of funds is required prior to or concurrently with city council approval.

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competitive sealed bid process. A contract for goods will be fully executed with signatures by the selected vendor and the manager, or designee. The contract will be in a standardized format approved by the city attorney, unless an exception is made by the city attorney, and will be attested by the city clerk. City council may waive the formal bidding requirement if they find by resolution that it is in the best interest of the city to do so or in the case of an emergency purchase.

F. Third Party Deposit Contracts.

1. Notwithstanding the above limits, the city manager, or designee, is authorized to execute a contract for professional services without city council approval if a third party, including but limited to a developer or utility company has deposited funds sufficient to cover the full amount of the contract with the city (as verified by the director of finance or designee and community development director or designee), and such funds are held in a deposit account that restricts the use of the funds to pay for city‐managed professional services contracts. Any contract entered into pursuant to this paragraph shall be entered into in accordance with state law, city ordinances and adopted city policies, as applicable, including the same competitive process as would be required for a city‐funded contract for professional services. Th e selection of a contractor to provide professional services shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. Selection based upon price alone is prohibited; however, price is a factor that may be considered.

3.24.800 Formal bids—Competitive sealed bid process shall be used for purchases of more than $100,000, the limit for public works projects has been set forth in Chapter

3.26 Public Projects Bidding Procedures.

The formal bid (competitive sealed bid) process, shall proceed as described below:

A. Invitation and Notice. A bid invitation and the public notice inviting bids shall be issued and shall state the project to be done, including a general description of the work to be bid, where bidding forms and project documents, including final plans and specifications may be obtained, whether there will be a mandatory pre‐bid conference, site visit, etc. Public notice of the invitation for bids shall be given at least fifteen (15) calendar days prior to the date set for the opening of bids. Such notice may include a publication in a newspaper of general circulation within ten (10) days prior to bid opening. The public notice and all invitations to bid shall state the place, date and time of bid opening and shall state the date and time by which the bids are due and that the bids should be submitted to the City Clerk or designee.

C. Bid Evaluation and Acceptance. Bids received at or prior to the time set for bid opening shall be unconditionally accepted without alteration or correction, except as authorized in this policy. Bids shall be evaluated to determine the lowest responsive and responsible bidder. The process includes a determination of: (1) which bidder is the lowest monetary bidder; (2) whether the lowest monetary bidder submitted a responsive bid; and (3) whether or not the lowest monetary bidder is responsible.

1. To be responsive, the bid must conform to the material terms of the bid package. The requirements set forth in the invitation for bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitabi lity for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total or life cycle costs. The invitation for bids shall set forth the evaluation criteria to be used. No criteria 90 Lincoln, California Code of Ordinances

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may be used in bid evaluations that are not set forth in the invitation for bids. City may waive any informality, irregularity, immaterial defects or technicalities in any response.

D. Correction or Withdrawal of Bids. Subject to any provisions of federal or state granting authorities to the contrary, correction or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of awards or contracts based on such bid mistakes, shall be in accordance with this section. Mistakes discovered before bid opening may be modified or withdrawn by written notice received in the office designated in the invitation for bids prior to the time set for bid opening. After bid opening, no corrections to bid or provisions shall be permitted but, in lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if: (a) the mistake is clearly evident on the face of the bid document, or (b) the bidder submi ts evidence that clearly and convincingly demonstrates that a mistake was made. All decisions to permit the correction or withdrawal of bids shall be supported by a written determination made by the city.

F. Award. The contract shall be awarded to the lowest responsive and responsible bidder. The process of selecting the lowest bidder includes a determination of which bidder is the lowest monetary bidder, whether or not the lowest monetary bidder submitted a responsive bid, and whether or not the lowest monetary bidder is also a responsible bidder.

H. Bonds.

1. The city may require a bid bond with any bid, or a performance bond before entering into a contract, in such amount as it finds reasonably necessary to protect the best interests of the city.

The form and amount of any bond shall be described in the notice inviting bids.

3.24.801 Informal Requests for proposal—Competitive process shall be used for purchases of more than $50,000 and up to $100,000.

The informal request for proposal process is as follows:

A. Should a Qualified Vendors list be available for the service or products to be procured, a notice requesting proposals ("RFP") may be issued to qualified vendors and include a general description of the services or products to be procured, shall state the form of proposal and specifications and the time and place for the delivery of proposals. Electronic notice of the informal RFP shall be given at least ten calendar days prior to the date set for the delivery of proposals. 91 Lincoln, California Code of Ordinances

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B. If a Qualified Vendors list is not available, qualified vendors may be identified through online research, previous city contract work, referral from other departments or public agencies.

C. Evaluation Factors. The RFP shall identify all evaluation factors that will be used by the city, and th e relative importance of the evaluation factors, including price.

3.24.910 Request for proposal—Competitive sealed proposal process shall be used for the procurement of general or professional services in an amount more than $100,000, excepting legal services.

The request for proposal competitive sealed proposal process ("RFP" process) is as follows:

B. Evaluation Factors. The RFP shall identify all evaluation factors that will be used by the city, and the relative importance of the evaluation factors, including price.

C. Interviews with Responsible Vendors and Revisions to Proposals. The city may conduct interviews and negotiations with vendors whose proposals are responsive to the RFP, for the p urpose of gaining full understanding of the proposal contents. Vendors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. Such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of the identity of competing vendors, or any information derived from proposals submitted by competing vendors.

D. Award. Award shall be made to the responsible vendor whose proposal is determined in writing to be the most advantageous to the city, taking into consideration the evaluation factors, including price, set forth in the RFP. No other factors or criteria shall be used in the evaluation. The co ntract file shall contain the basis on which the award is made.

F. Requests for Qualifications. A request for qualifications ("RFQ") is a document used to gather information from multiple companies to generate a pool of prospects. This short‐list identifies candidates which meet the desired qualifications. An RFQ shall include a general description of the qualifications desired and the services to be procured, shall state where forms and further information may be obtained, and the time and place for the delivery of responses. Public notice of the RFQ shall be given at least ten calendar days prior to the date set for the delivery of responses. 92 Lincoln, California Code of Ordinances

Page 9 of 15 ends

3.24.100 Exceptions to formal and informal competitive process.

The solicitation and competitive processes identified in this chapter shall not apply in the following circumstances.

A. Sole or Limited Source (No Competitive Advantage by Soliciting Bids). A contract may be awarded without competition when the city determines in writing, after conducting a good faith review of available sources, that there is only one source for the required goods, service, or construction item. In addition, in limited and unique circumstances, competitive bidding and/or t he RFP process is not required when it would be impossible, or not in the public interest. This exception may apply when the purchase is for: (1) a specialized technology product or service, (2) an addition to, or repair or maintenance of, existing equipment which can be more efficiently added to, repaired or maintained by a particular company or manufacturer, or (3) equipment which must be compatible with existing equipment, by reason of the training of the personnel or an inventory of existing replacement parts kept by the city. In the case of contracts of $100,000 or less, this determination shall be made by the city manager and, in the case of contracts in the amount of more than $100,000, this determination shall be made by the city council. The city manager or designee shall conduct negotiations, as appropriate, as to price, delivery, and terms. A statement of the basis for the sole source determination shall be provided to the city clerk along with the fully‐executed contract.

D. Piggyback Purchasing. Piggyback contracting occurs when one entity assigns the contractual rights it has in a contract to another. The city is authorized, without prior competitive bidding, to contract for the purchase of goods or procurement of services with vendors who have been awarded contracts by government agencies (such as other cities, counties, etc.), for the purchase of goods or services under the competitive processes applicable to the government agency, within the past t hree years. In the case of contracts of $100,000 or less, this determination shall be made by the city manager and, in the case of contracts in the amount of more than $100,000, this determination shall be made by the city council. A contract directly between the city and the vendor is required for the purchase of goods or the procurement of services rendered through a piggyback purchasing arrangement, unless otherwise approved by the city attorney.

3.24.110 Emergency Purchases.

Notwithstanding any other provisions of this chapter, the city may make emergency purchases of supplies, services, constructions items, etc. when there exists a threat to public health, welfare, or safety; provided that such emergency purchases shall be made with such competition as is practicable under the circumstances. A statement of the basis for the sole source determination shall be provided to the city clerk along with the fully executed contract. In the case of contracts or purchases less than $100, 000, this determination shall be made by the city manager, and in the case of contacts or purchases in the amount of $100,000 or more, this determination shall be made retroactively by the city council.

3.24.115 Federal, State or Grant funded projects.

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requirements, including 2 CFR § 200 and or 48 CFR § 31. In the event of any conflict between federal, state, or grant requirements, the most stringent requirement must be used.

3.24.120 Recycled Products.

Under existing state law enforced through CalRecycle, the city is required to purchase paper pr oducts and printing and writing papers that contain recycled content (at least 30 percent, by fiber weight, postconsumer fiber) when it is available at no greater cost than non‐recycled products and if the fitness and quality are equal to non‐ recycled products. If possible and feasible, it is recommended to also select paper products that are recyclable.

3.24.125 General requirements.

The following general policies shall apply.

C. Structuring and Splitting. The structuring or splitting of the purchases or projects for the purpose of evading the provisions of this chapter is prohibited.

E. Multi‐Year Contracts. Unless otherwise approved by the city council, a contract may be entered into for any period of time deemed to be in the best interest of the city; provided that the term of the contract and renewal provisions are included in the contract.

F. Encumbrance of Funds. Except in cases of emergency, or by order of the city council, purchase orders shall not be issued, unless there exists an unencumbered appropriation within the department's budget.

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3.24.130 Disposition of surplus supplies, materials and equipment.

A. All city departments shall submit to the purchasing officer or designee, at such times and in such form as prescribed, reports showing all supplies, materials and equipment which are no longer needed, or which have become obsolete or worn out. The purchasing officer or designee shall have authority to sell all supplies, materials and equipment which cannot be used, or which have become unsuitable for city use, or to exchange the same for, or trade in the same on, new supplies, materials and equipment. The purchasing officer, or designee, has the authority to declare item(s) with a market value of less than $10,000 surplus.

B. The amount received for any property sold pursuant to this chapter shall be deposited in the general fund or other fund so designated by the purchasing officer.

C. Except as provided by state code, the purchasing officer shall determine the disposition of unclaimed or abandoned property in the possession of the police department.

All transfer documents pertaining to the sale will be completed through a dealer in possession of a Federal Firearms License and all sale and transfer costs shall be paid by the retiring officer.

Notwithstanding the foregoing, the library may sell or trade surplus and donated library materials.

E. Prohibited Transactions ‐ In accordance with Government Code section 1090, all members of the City Council, any other elected City officials, and the City Manager are prohibited from purchasing surplus City real or personal property. Staff members generally are eligible to buy surplus City real or personal property noticed for sale on the same terms and conditions as those offered to members of the public, except that any City employee who actively participated in determining an item’s price, surplus status, or conditions of sale is prohibited from purchasing such items because the employee is deemed by law to have a prohibited interest in the sale. The City Manager, in consultation with legal counsel, will determine if an emplo yee has a prohibited interest in an item of surplus property.

95 Lincoln, California Code of Ordinances

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Title 3 ‐ REVENUE AND FINANCE
CHAPTER 3.24 ‐ CONTRACTS AND PURCHASING
Article III. Acquisition and Disposition of Interests in Real Property

Article II. Acquisition and Disposition of Interests in Real Property

3.24.280 Leases of real property.

B. City Lease of Private Property.

1. Leases of private property by the city with a total lease amount of $100,000 or more shall be authorized by the council.

2. Leases of private property by the city with a total lease amount less than $100,000 may be authorized by the city manager.

3.24.290 Acquisition of real property.

The acquisition of real property, whether by negotiation, dedication, or eminent domain, shall be in accordance with state law.

3.24.300 Disposition of real property.

1. The disposition of the remainder of a larger parcel which was acquired and used in part for street purposes;

2. Acquisitions, dispositions, or abandonments for street widening; or

3. Alignment projects, provided such dispositions for street purposes, acquisitions, dispositions, or abandonments for street widening or alignment projects are of a minor nature.

B. The report of the planning commission regarding the conformance of a capital improvement project with the general plan made pursuant to Section 65401 of the California Government Code shall also constitute the report required by Section 65402(a) of the California Government Code regarding eac h acquisition or disposition of real estate, street abandonment or vacation, or public building or structure included in that capital improvement project.
96 Lincoln, California Code of Ordinances

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CHAPTER 3.26 PUBLIC PROJECTS SUBJECT TO THE PUBLIC CONTRACT CODE

3.26.010 Uniform Public Construction Cost Accounting Act.

3.26.200 Prequalification of bidders.

This section is enacted pursuant to Section 20101 of the California Public Contract Code, which enables the city to establish a system for prequalification of prospective bidders on public works construction and maintenance projects. In addition, pursuant to the city's general police powers under California Constit ution Article 11, Section 7, the city desires to apply this process to the award of public works maintenance contracts in order to ensure that bidders are qualified to perform city public works maintenance.

A. Prequalification of Bidders.

3. If prequalification of prospective bidders is required for a particular project, the city shall determine which bidders are qualified to bid that project based upon the uniform system of rating bidders. If the city determines any bidder is not qualified to bid a project, a writt en or electronic notice will be provided that includes the basis for the determination and an identification of any supporting evidence therefor, and an opportunity for the bidder to appeal the determination. A copy of all prequalification determinations shall be filed with the city clerk at least ten days prior to the scheduled bid opening.

B. Appeals.

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Each party shall bear his, her, its, or their own attorneys' fees, regardless of the outcome of the appeal.

5. The arbitrator's decision shall be final.

3.26.030 Public projects of $75,000 or less.

3.26.400 Public projects of $220,000 or less.

1. The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for the submission of bids.

2. The city council may delegate the authority to award informal contracts to the public works director, purchasing officer or city manager.

98 Lincoln, California Code of Ordinances

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3.26.050 Public projects of more than $220,000.

3.26.060 In Cases of Emergency.

3.26.070 Rejection of Bids.

In its discretion, the city may reject any bids present in accordance with Section 22038.

99 Ordinance No.

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ORDINANCE XXXXB

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LINCOLN AMENDING CERTAIN SECTIONS OF CHAPTER 3.24 – CONTRACTS AND PURCHASING AND CHAPTER 3.26 – PUBLIC PROJECTS SUBJECT TO THE PUBLIC CONTRACT

CODE AND FINDING THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL

REVIEW UNDER CEQA

WHEREAS, Lincoln Municipal Code Chapter 3.24 – Contracts and Purchasing was originally enacted in 1988 (Ordinance 515B) and has been amended in 1993 (Ordinance 599B), 2001 (Ordinance 711B), 2019 (Ordinance 983B), 2020 (Ordina nce 1012B) and it was repealed in re -enacted in 2022 (Ordinance 1049B). Chapter 3.26 – Public Projects Subject to the Public Contract Code was originally enacted in 1988 (Ordinance 515B), and has been amended in 1993 (Ordinance 596B), 2001 (Ordinance 711B), 2019 (Ordinance 983B), and it was repealed in re -enacted in 2022 (Ordinance 1049B); and

WHEREAS, it is a good practice to review and revise the Chapters 3.24 - Contracts and Purchasing as Chapter 3.26 - Public Project Subject to the Public Contract Code to update purchasing limits and processes in line with federal standards and government code; and
WHEREAS, the City complies with Office of Management and Budget (OMB) 2 CFR 200 et seq. and Federal Acquisition Regulation (FAR) 48 CFR, Government Code sections 1090, 54202, 54203, 65402, 65401, Section 22000 et seq. of the Public Contract Code, 20101 of the California Public Contract Code; and WHEREAS, revisions have been made to bring authorization thresholds closer to those allowed by Federal Acquisition R egulation, to provide clean up and edits to certain sections, and to ensure the city remains compliant with changes in laws and regulations.

NOW THEREFORE , THE CITY COUNCIL OF THE CITY OF LINCOLN does ordain as follows:

Section 1 . Incorporation of Rec itals. The City Council hereby incorporates by reference the recitals set forth above.

Section 2. CEQA Analysis. This Ordinance is not subject to the California Environmental Quality Act (“CEQA”), as codified at Public Resources Code §§ 21000, et seq., and as further governed by 14 California Code of Regulations §§ 15000, et seq., because it is not a project as contemplated by 14 C.C.R. § 15378. Even if t his Ordinance were subject to CEQA, the City Council finds this Ordinance exempt from the requirements of CEQA pursuant to 14 C.C.R. § 15061(b)(3), because there is no possibility it will have a significant effect on the environment.

Section 3. Severability. If any section, sub -section, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the 100
Ordinance No.

Page 2 of 2 ends

decision of any court of competent jurisdiction, such decision shall not affect the validity of the rem aining portions of the Ordinance. City Council hereby declares that it would have adopted the Ordinance and each section, sub-section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub -sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.

Section 4. Publication. Within fifteen days of passage of this Ordinance, the City Clerk shall cause the full text of the Ordinance, with the names of those City Councilmembers voting for and against the Ordinance, to be published in the Lincoln News Messenger. In lieu of p ublishing the full text of the Ordinance, the City Clerk, if so directed by the City Attorney and within fifteen days, shall cause a summary of the Ordinance, prepared by the City Attorney and with the names of the City Councilmembers voting for and agains t the Ordinance, to be published in the Lincoln News Messenger, and shall post in the office of the City Clerk a certified copy of the City Councilmembers vo ting for and against the Ordinance. The publication of a summary of the Ordinance in lieu of the fu ll text of the Ordinance is authorized only where the requirements of Government Code § 36933(c)(1) are met.

Section 5. Amendment. Lincoln Municipal Code Chapter 3.24 is hereby amended per the attached.

Section 6. Amendment. Lincoln Municipal Code Chapter 3.26 is hereby amended per the attached.

INTRODUCED at a regular meeting of the City Council of the City of Lincoln held on 14th day of April, 2026, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_____
Richard Pearl, Mayor
ATTEST:

Hope Ithurburn, City Clerk
101
SUBJECT:

Adopt a Resolution Accepting a Fiscal Impact Analysis of Community Facility District (CFD) 2018-2 and Authorizing a Maximum Tax within the CFD Project Area. (Nita Wracker) SUBMITTED BY:

Nita Wracker
DEPARTMENT:

Finance
DATE:

April 14, 2026

Item Number 15.A

STAFF RECOMMENDATION:

Staff recommends that the City Council adopt a resolution approving updates to the Community Facilities District (CFD) No. 2018-2 special tax methodology to establish a uniform maximum special tax rate across tax zones, informed by the findings of the Fiscal Impact Analysis.

BACKGROUND/INTRODUCTION:

The City established CFD No. 2018-2 to fund municipal services required to serve new development within designated growth areas. As development within the district has progressed, maximum special tax rates have been established on a project-by-project basis, resulting in variation in tax rates across tax zones.

In recent years, the City has experienced continued growth within existing CFD areas as well as in areas anticipated for annexation, including, but not limited to, Village 1, Village 5A, and various Twelve Bridges planning areas. In light of this growth, the City is reevaluating its approach to ensure that special tax rates are applied more consistently and equitably across the district.

To support this effort, the City retained Economic & Planning Systems, Inc. (EPS) to prepare a Fiscal Impact Analysis (FIA) evaluating the fiscal performance of development within, and anticipated to be annexed into, CFD No. 2018-2 (collectively referred to as the “CFD Project Area”). TA Memorandum of their analysis is attached. Unlike prior analyses, which were conducted on a project-specific basis, this analysis evaluates development across the CFD Project Area as a whole, including both completed projects and those currently in the development pipeline.

The analysis, which is based on the City’s FY 25-26 budget, assesses whether revenues generated by development within the CFD Project Area, including property tax, sales tax, and

STAFF REPORT
102
other General Fund revenues, are sufficient to offset the cost of providing municipal services to new residents and employees. Historically, the fiscal analyses used to inform maximum special tax rates for individual projects or zones excluded sales tax revenues. Consistent with direction from City staff, this analysis incorporates sales tax revenues into the fiscal framework to better reflect the full range of revenues generated by development and to evaluate how this inclusion may influence the determination of maximum special tax rates within CFD No. 2018-

2. The results of this analysis are intended to inform the City’s consideration of updates to the CFD No. 2018-2 special tax structure, including the establishment of a more uniform maximum special tax levy across tax zones.

FINDINGS/ANALYSIS:

The Fiscal Impact Analysis evaluates both constructed and entitled residential and nonresidential development within the CFD Project Area, consisting of approximately 17,107 residential units, of which approximately 2,300 units have already been built within CFD 2018- 2, and 2.1 million square feet of nonresidential development. The assumed nonresidential square footage is limited to the amount supportable by projected resident spending, with an approximately 10 percent adjustment to reflect pass-by traffic capture from Highway 65.

The analysis estimates General Fund revenues generated by this development through sources such as property tax, sales tax, and other discretionary revenues, and compares these revenues to the cost of providing municipal services, including public safety, parks, and general government services.

A key component of the analysis is the incorporation of sales tax revenues into the fiscal framework, which historically had not been considered in establishing maximum special tax rates for projects within CFD No. 2018-2. Although the City previously elected to omit sales tax revenue from prior fiscal analyses, inclusion of this revenue source is standard practice in preparing fiscal impact analyses. The analysis evaluates both taxable sales generated by new commercial development and estimated taxable spending by residents and employees associated with the Project Area.

In estimating public safety costs, which represent a significant share of total expenditures, the analysis utilizes a case study approach. Prior to the formation of CFD No. 2018-2, City Council direction indicated that fiscal impact analyses utilize staffing ratios of 0.85 officers and 0.66 firefighters per 1,000 residents. Although these City Council-directed staffing ratios were higher than the existing level of service in 2018, they still fall below the City’s staffing level targets as identified in the City’s General Plan. As such, the cases studies in the updated fiscal analysis reflect staffing ratios of 1.0 officers (for Police) and 0.8 firefighters (for Fire) per 1,000 residents to align with the City’s desired service levels. The higher targeted staffing levels will continue to assist the City in addressing acknowledged service level deficiencies, including limitations in fire service capabilities such as the lack of Advanced Life Support (ALS) response.

Excluding existing or potential revenues generated by CFD No. 2018-2 special tax levies, development within the CFD Project Area is estimated to generate approximately $19.4 million in annual General Fund revenues while requiring approximately $27.2 million in annual General Fund expenditures, resulting in a net fiscal deficit of approximately ($7.8 million) 103
annually at buildout. On a per-unit basis, this equates to an estimated annual deficit of approximately ($492) per low- and medium-density unit, ($347) per high-density unit, and ($310) per multifamily unit.

Based on these findings, the City is considering an update to the CFD No. 2018-2 special tax methodology to establish a more uniform maximum special tax levy across tax zones. Under the proposed approach, a consistent maximum special tax rate would be applied to both existing and future development within the CFD. For existing tax zones, maximum special tax rates that are lower than the proposed uniform rate would be retained, while those with higher maximum rates would be reduced to the proposed level. This approach is intended to promote equity across development projects while ensuring that special tax rates remain aligned with the City’s cost of providing municipal services.

FISCAL IMPACT:

First, upon annexation into CFD No. 2018-2 at the recommended special tax rates, new development is expected to fully offset the City’s cost of providing services to project residents and employees.

Second, for any existing development that has already been annexed into CFD No. 2018-2 at a rate higher than the current recommended special tax rates, implementation of a uniform maximum special tax rate across CFD No. 2018-2 tax zones would result in a reduction in special tax revenues relative to existing maximum tax rates.

Under existing conditions, the City currently receives approximately $1,079,400
annually from
CFD No. 2018-2. If the proposed uniform maximum special tax rate were applied to the same set of existing units, annual revenues would be approximately $788,400
, representing a
reduction of approximately
($291,000)
per year.

Under buildout conditions of currently entitled development within existing tax zones, annual revenues are projected to total approximately
$2,105,300
under existing maximum special tax
rates. Under the proposed uniform rate, annual revenues at buildout would be approximately $1,672,200
, representing a reduction of approximately
($433,100)
per year.

These reductions reflect the lowering of maximum special tax rates in certain existing tax zones to establish a uniform maximum tax rate across the district. While this approach reduces potential special tax revenues, it provides several operational and policy benefits.

Specifically, it streamlines the entitlement process for new development projects in the City by reducing the need to prepare project-specific fiscal impact analyses for each new development, improves predictability for developers through a consistent and transparent tax framework, and establishes more accurate and equitable tax rates for homeowners that better reflect the City’s evolving fiscal conditions and growth patterns.

ATTACHMENTS:
242081 CFD 2018-2 Special Tax Update Memo.pdf
CFD_2018-2_Resolution.docx
104
Memorandum
To: Nita Wracker, City of Lincoln
From: Jamie Gomes and Miles Cressy, Economic & Planning Systems Subject: CFD 2018-2 Special Tax Update Memo
Date: 03/19/2026
Introduction
The City of Lincoln (City) retained Economic & Planning Systems, Inc. (EPS) to prepare a fiscal impact analysis (FIA) to inform a potential update to the Community Facilities District (CFD) No. 2018-2 special tax structure. The City is currently evaluating whether to implement a more uniform approach to levying special taxes across development projects within CFD 2018-2 beginning in Fiscal Year (FY) 2026-27. As part of this effort, the City seeks to better understand the fiscal performance of development within, and anticipated to be annexed into, the CFD and how revenues generated by these projects compare to the cost of providing municipal services.

The analysis evaluates the fiscal impacts associated with residential and nonresidential development located within CFD No. 2018-2, as well as development anticipated to be annexed into the CFD (collectively referred to herein as the CFD Project Area). The development program includes both completed projects and projects currently in the development pipeline. Historically, the City has evaluated the fiscal impacts of new development on a project-specific basis; however, this analysis expands the evaluation to consider the fiscal performance of development across the CFD Project Area as a whole.

The purpose of the analysis is to assess whether revenues generated by development within the CFD Project Area are sufficient to offset the cost of providing municipal services to new residents and employees and to inform the City’s consideration of potential updates to the CFD No. 2018-2 special tax structure.

Consistent with discussions with City staff, the analysis also evaluates how incorporating sales tax revenues into the fiscal framework may influence the determination of maximum special tax rates within CFD 2018-2. The technical analysis, including data, assumptions, and detailed calculations underlying the fiscal impact model, is provided in the appendices to this memorandum.
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The technical analysis, including data, assumptions, and detailed calculations underlying the analysis, is provided in Appendices A through D.

Project Overview
While maximum special tax rates have already been established for existing projects and tax zones within CFD No. 2018-2, the City has historically not incorporated sales tax revenues into the fiscal analysis used to inform those rates. In light of recent and anticipated growth, the City is reevaluating this practice to better reflect the revenues generated by development and to help ensure that special tax rates applied to homeowners are equitable across projects within the district. The purpose of this analysis is to inform the City’s consideration of a revised special tax methodology for CFD No. 2018-2.

The fiscal impact analysis evaluates development within the CFD Project Area, which includes both existing projects within the district and projects associated with the City’s new growth area plans, which are expected to be annexed into CFD No. 2018-2, including, but not limited to, Village 1, Village 5A, and various Twelve Bridges planning areas. EPS coordinated with City staff and the City’s special tax consultant to confirm the development program included in the analysis, which reflects a mix of residential and nonresidential uses.

The analysis estimates revenues generated by this development through sources such as property tax, sales tax, and other General Fund revenues. The sales tax analysis considers both taxable sales occurring within new commercial development and estimated taxable spending by residents and employees associated with the projects. These revenue estimates are then compared with the estimated costs of providing citywide municipal services, including general government, public safety, and other municipal functions, to evaluate the net fiscal impact of development within CFD No. 2018-2 and support the City’s consideration of potential updates to the district’s special tax structure.

Overview of Results
In the absence of CFD No. 2018-2 special taxes, buildout of development in the CFD Project Area is estimated to result in an annual net fiscal deficit to the City’s General Fund of approximately ($7,814,600). The analysis estimates that, at buildout, this development will generate approximately $19.4 million in annual General Fund revenues while requiring approximately $27.2 million in annual General Fund service costs, as summarized in Table 1. Table 2 provides a detailed summary of the General Fund revenues and expenditures associated with this development at buildout.

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Table 1. Summary of Annual Surplus/Deficits (2025$)

Item
General Fund
Annual Revenues [1] $19,385,900
Annual Expenditures [1] $27,200,500
General Fund Annual Surplus/(Deficit) ($7,814,600)
Total Effective Dwelling Units
Annual Surplus/(Deficit) per EDU ($491.80)
Low / Medium Density ($491.80)
High Density ($347.35)
Multi-Family ($309.52)
Source: EPS.
[1] Values rounded to the nearest $100.

Annual Fiscal
Impacts at
Buildout
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Table 2. Estimated Annual Revenues and Expenditures (2025$) Item

GENERAL FUND
Annual Revenues [1]
Property Taxes $9,975,800 51%
Property Tax In Lieu of VLF $3,906,600 20%
Real Property Transfer Tax $760,600 4%
Sales Tax $3,411,400 18%
Sales Tax - Public Safety $176,500 1%
Hotel/Motel Tax $348,000 2%
Business License Tax $65,000 0%
Franchise Fees $742,000 4%
Total Annual General Fund Revenues $19,385,900 100%
Annual Expenditures [2]
City Attorney $252,900 1%
City Council/Treasurer $305,800 1%
City Manager $509,000 2%
Community Development $0 0%
Finance $265,600 1%
Fire $8,983,400 33%
Library $902,100 3%
Police $12,341,300 45%
Public Works $2,076,700 8%
Recreation $1,563,700 6%
Total Annual General Fund Expenditures $27,200,500 100% Annual General Fund Surplus/(Deficit) ($7,814,600)
Source: City of Lincoln FY 2023-24 Amended Budget; EPS.

Note: Values are rounded to the nearest $100.
[1] See Table B-1 for details on revenue estimating procedures. [2] See Table C-1 for details on expenditure estimating procedures.

Annual Fiscal
Impact at Buildout
Percentage
of Total
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Methodology and Assumptions
This section describes the methodology and key assumptions used to estimate the annual net fiscal impact of development currently within, and anticipated to be annexed into, CFD No. 2018-2 on the City’s General Fund operating budget. It describes assumptions concerning municipal service delivery, land development, and General Fund budgeting.

In addition, it details the methodology used to forecast the General Fund revenues and expenditures at buildout of the CFD Project Area.

Municipal Service Provision
This analysis evaluates whether development within the CFD Project Area is expected to generate sufficient revenues to offset the City’s costs of providing municipal services. The services evaluated are limited to those funded through the City’s General Fund (e.g., police, fire, parks, and general government).

The analysis does not evaluate activities funded through other City Governmental Funds or Proprietary Funds, nor does it include an evaluation of capital facilities or funding of capital facilities needed to serve new development. The analysis also excludes any services that may be funded privately, such as common area maintenance costs, which may be funded through a Homeowners’ Association (HOA) or other private mechanism. The analysis also excludes publicly administered service and maintenance costs such as landscaping, lighting, drainage, or roadway that may be funded through other funding mechanisms, such as CFD No. 2018-1, which is applicable to new projects in the CFD Project Area.

General Assumptions
The analysis is based on the City’s Budget for Fiscal Year (FY) 2025-26 and other general assumptions discussed herein. Each revenue item is estimated based on current State of California (State) legislation and current City practices. Therefore, the analysis reflects the current State-local fiscal relationship as it exists at the time the analysis was completed.

Future changes by either State legislation or City practices may affect the revenues and expenditures estimated in this analysis. All costs and revenues are shown in constant 2025 dollars. General fiscal and demographic assumptions are detailed in Table A-1 in Appendix A.

EPS consulted the City’s budget documents to develop forecasting methodologies for specific revenues and expenditures affected by new development through buildout. This analysis also used information from the following sources: County Assessor and Auditor- Controller, State Department of Finance (DOF), State Board of Equalization (BOE), the U.S. Bureau of Labor Statistics (BLS), and subscription-based data sources (e.g., CoStar). 109
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The actual fiscal impacts of new development will vary from those presented in this analysis if development plans or other assumptions (e.g., assessed valuations, sales tax revenue assumptions) change from those presented in this analysis.

General Fund Revenue- and Expenditure-Estimating Assumptions This analysis considers only discretionary General Fund revenues that will be generated by development within the CFD Project Area. Offsetting revenues, which are General Fund revenues that are dedicated to offset the costs of specific General Fund department functions, are excluded from this analysis. Departmental costs funded by offsetting revenues or not affected by development are also excluded from this analysis (refer to Table D-5 in Appendix D).

Development Assumptions
Listed below are brief summaries of land use and other development-related assumptions. • Land Use: The CFD Project Area includes a total of 17,107 residential units, comprising both for-sale and rental product types, of which approximately 2,300 units have already been constructed within CFD 2018-2. The Project Area also includes approximately 2,118,200 square feet of nonresidential development, consisting of mixed-use, commercial, and office uses.1
A summary of existing and projected residential units and nonresidential square footage by property type is provided below. A more detailed breakdown of the full inventory of development by plan is presented in Table A-2 in Appendix A, while existing projects within CFD 2018-2 are shown in greater detail in Table E-1 in Appendix E.

For-sale
• Rural Residential: 108 units
• Country Estates: 707 units
• Low Density: 6,716 units
• Medium Density: 6,005 units
• High Density: 1,142 units
• Halfplex/Townhome: 22 units
Rental
• High Density - Detached: 121 units
• Halfplex/Townhome: 121 units
• High Density - Multifamily: 1,319 units
• Mixed Use: 846 units

1 This represents a subset of the maximum entitled nonresidential square footage, as described later in this section. 110
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Nonresidential Sq. Ft.
• Mixed Use: 167,000 sq. ft.
• Commercial: 1,214,125 sq. ft.
• Office / Commercial: 737,100 sq. ft.

While adopted land use plans contemplate a greater amount of nonresidential development, the square footage assumed in this analysis is roughly proportional to the level supportable by projected spending from the Project Area’s future residential population, with a modest upward adjustment (approximately 10 percent) to reflect the proximity of planned commercial areas to Highway 65 and their potential to capture pass-by traffic.
• Residential and Employee Estimates: The analysis assumes a persons-per-household value of 2.86 for all non-high-density residential uses in the City of Lincoln, as advised by City staff and consistent with previous fiscal impact analyses. Persons-per- household figures for high-density, halfplex/townhome, and mixed use residential uses are based on specified values outlined in project Specific Plans or developer-provided assumptions. Employee density assumptions of 500 square feet per employee for mixed use and commercial, and 350 square feet per employee for office uses based on typical industry-standard assumptions for each nonresidential land use category.

In estimating certain annual revenues and expenditures (service demands) related to the CFD Project Area, EPS developed a “persons-served” population estimate to approximate the impacts of an employee in relative to a resident. EPS uses a factor of

0.5 employees plus all residents to derive the Project Area’s persons-served population. Table A-3 in Appendix A shows the estimated residents and persons served generated by the Project Area.
• Project Area Assessed Value: The estimated assessed valuation of new single-family residential development is based on recent comparable home values in the City and surrounding region, as reported by Zillow and The Gregory Group. Assessed values for multifamily residential development are derived using market rents from CoStar and Zillow to estimate gross annual income potential. From this, a 30 percent allowance for operating and maintenance expenses and a 4.3 percent vacancy rate (based on CoStar averages) are applied to calculate net operating income. A 5.25 percent capitalization rate, consistent with the 2024 CBRE Cap Rate Survey for Suburban West markets, is then used to estimate overall property value. Nonresidential assessed values are based on recent sale prices per square foot for comparable retail properties within Placer County, limited to assets constructed within the past five years.

Approximately 860 units within the CFD Project Area are designated as active adult housing and may qualify for property tax transfer benefits under Proposition 19, which can result in lower assessed values. Based on prior EPS analyses, a 10 percent reduction has been applied to these active adult units. In addition, a conservative 10 percent downward adjustment has been applied to all estimated values to account for 111
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variability in assessed values among approximately 2,300 existing units already on the City’s assessment rolls and to provide a contingency for potential softening in market conditions relative to recent comparable sales data. Estimated buildout assessed values for new development in the Project Area are calculated in Table D-2 in Appendix D.
• Property Turnover Rates: The analysis is based on the assumption that owner- occupied residential units assumed to turn over every 7 years and renter-occupied residential units to turn over every 15 years. Nonresidential uses are assumed to turn over once every 20 years.
• Income of Households: The average household income for new residential units is used to forecast household retail expenditures. As shown in Table A-4 in Appendix A, this calculation was derived using the following assumptions and data inputs:
• Owner-occupied households: Assumes that annual mortgage payments, plus property taxes and insurance are 30% of income. Mortgage payments assume a 20% down payment, 30-yr term, 6% fixed interest. Taxes and insurance are assumed to equal 2% of home value. Includes a $150/month estimate for HOA dues. • Renter-occupied households: Assumes that rent plus utilities constitute 30 percent of household income. Market rents derived from Zillow and CoStar data based on comparable property types. Utility estimates derived from Placer County Housing Authority 2024 Utility Allowance Schedule. Estimated 30 percent of income dedicated to mortgage payments, taxes, and insurance for single-family.

Revenue-Estimating Methodology
EPS used either a marginal-revenue case-study approach or an average-revenue approach to estimate development-related revenues.

The marginal-revenue case-study approach simulates actual revenue generation resulting from new development. For example, the case-study approach for estimating sales and use tax revenues forecasts market demand and taxable spending from new residents. Case studies used in this analysis are discussed in greater detail later in this section.

The average-revenue approach uses the City’s FY 2025-26 budgeted General Fund revenue amounts on a citywide per-persons-served basis to forecast revenues derived from estimated residents and employees of the CFD Project Area.2 Revenue sources not expected to increase because of development are excluded from this analysis. These sources of revenue are not affected by development because they are

2 A per-persons-served basis of estimating revenues is used to take into account that businesses (and their employees) have a fiscal impact on many City revenues but at a lower level than residential development’s impact. 112
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either one-time revenue sources not guaranteed to be available in the future or there is no direct relation between increased employment growth and increased revenue.

A listing of all included City revenue sources and the corresponding estimating procedure used to forecast future new development revenues is shown in Table B-1 in Appendix B. A summary of estimated annual General Fund revenues generated by the new development is provided in Table B-2.

Property Tax
Estimated annual property tax revenue resulting from development in the Project is presented in Table B-3 in Appendix B. To be consistent with the City’s budget data, the estimated assessed values for new development land uses are assumed to remain static in 2025 dollar values—real growth in assessed value is not estimated.

The City’s share of property tax revenue generated within the CFD Project Area is estimated based on the total assessed value of land uses in the Project Area and the average post–Education Revenue Augmentation Fund (ERAF) allocation of the 1 percent ad valorem property tax across all Tax Rate Areas (TRAs) within the Project Area. This allocation reflects the terms of existing property tax sharing agreements between the City and the County.

Property Tax in Lieu of Vehicle License Fees
A formula provided by the State Controller’s Office was used to forecast Property Tax in Lieu of Vehicle License Fees (PTIL VLF), which are calculated by taking the percentage increase of the City’s assessed value attributable to the projected development within the CFD Project Area and applying that percentage share to the City’s current State allocation of PTIL VLF. To avoid double counting, assessed value associated with existing development already within CFD No. 2018-2 has been excluded from the calculation. This calculation is shown in Table B-3 in Appendix B.

Real Property Transfer Tax
Real property transfer tax is based on the assessed value of the CFD Project Area’s land uses and the anticipated turnover of residential and nonresidential properties over time.

The analysis is based on the assumption that owner-occupied residential property will turn over 14 percent per year, renter-occupied residential property will turn over 7 percent per year, and nonresidential uses will turn over 5 percent per year. Real property transfer tax revenue projections are identified in Table B-4 in Appendix B.

Sales Tax
Sales tax revenues are based on taxable sales generated in the City and the Bradley-Burns 1 percent local sales tax rate. T. Estimated sales tax revenues to the City are summarized in Table B-5 in Appendix B.
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EPS uses a combination of methodologies to account for taxable sales generated by development within the CFD Project Area:
• Market Support Method—This methodology measures taxable sales generated from new households and employees spending money within the City’s boundaries. • Retail Space Method—This methodology estimates direct taxable sales from new retail uses.

Market Support Method
New Households
This analysis estimates retail expenditures of future residents from new development by type of retail category and the share of expenditures estimated to be captured in the City (e.g., sales generated in the City’s retail establishments). The amounts and types of expenditures made by residents generally depends on their household income. Data for this analysis are based on estimated resident incomes for those residing in new development, household spending patterns, and retail demand and supply market conditions in the City. Specifically, this analysis estimates retail expenditures of future residents by:
• Estimating total household income for new residents based on projected housing costs for both owner-occupied and renter-occupied units, assuming that 30 percent of household income is allocated to housing, as shown in Table A-4 in Appendix A. • Evaluating Consumer Expenditure Survey (CES) data from the U.S. BLS, which reports the proportion of income spent on various household goods and services by incom e
g
roup.

Estimated assessed values for owner- and renter-occupied units were estimated to range from nearly $2,000,000 per unit (Rural Residential) to $315,000 per unit (High Density – Multifamily), resulting in a weighted average of approximately $577,000 per unit across all existing and planned development. Based on these values, estimated annual household incomes are projected to range from approximately $514,000 to $106,000, with a weighted average of approximately $154,000.

Based on typical household expenditure patterns reported by the U.S. Bureau of Labor Statistics’ Consumer Expenditure Survey (CES), households within the CFD Study Area are estimated to spend approximately $24,800 to $45,000 annually on taxable goods, representing approximately 14.3 percent to 23.4 percent of total household income. 3 3 Annual household expenditures on taxable goods are capped at $45,000 to reflect limitations in CES data, which reports a highest income category of “$200,000 or more”. Because expenditure shares are not expected to increase linearly past this income level, this cap is applied as a conservative assumption.
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EPS estimates approximately 50 percent of projected household expenditures will be captured by retail outlets in the City.

New Employees
Based on estimates gleaned from the 2012 International Council of Shopping Centers’ Office-Worker Spending in a Digital Age report, CFD Project Area employees are estimated to spend an average of $10 in taxable retail expenditures per day for each of the 240 work days annually. This analysis estimates the City will capture approximately 95 percent of taxable expenditures from the Project Area’s employees. EPS estimated this capture rate based on a qualitative appraisal of existing shopping opportunities near the Project Area. Of the amount estimated to be captured in the City, EPS estimates 100 percent of taxable expenditures will be captured by development in the Project Area.

Refer to Table B-5A in Appendix B for estimated annual taxable sales from market support for the new households and employees.

Direct Annual Taxable Sales from Retail Uses
A portion of the commercial land uses in the CFD Project Area is assumed to generate taxable retail sales beyond those supported by Project Area residents and employees (market support), reflecting spending by consumers from outside the Project Area. This assumption is consistent with the inclusion of an approximately 10 percent increment of retail space beyond resident-supported demand to account for the Project Area’s proximity to Highway 65 and the resulting potential to capture pass-by traffic.

This analysis uses an annual taxable sales-per-square-foot assumption consistent with community-serving retail uses to estimate taxable sales from onsite retail. EPS derived annual total (taxable and nontaxable sales) retail sales-per-square-foot figures for major retail categories from several sources including: BizMiner data from 2016; RetailSails data from 2011; eMarketer data from 2017 and 2018; and annual 10-K reports (spanning from 2010 to 2017) for a sampling of retailers in each retail category and allocated these figures by retail center type. All total retail sales per square foot assumptions were escalated to 2025 dollars, allocated by retail center type (neighborhood-, community-, regional-serving centers), and converted to taxable sales per square foot based on information provided in Urban Land Institute’s Dollars and Cents of Shopping Centers: 2008.

Refer to Table D-4 in Appendix D for details regarding the assumptions and method for estimating taxable sales per square foot. Refer to Table B-5B in Appendix B for estimated annual taxable sales from onsite retail development of the Project Area.

Proposition 172 Sales Tax
The one-half cent sales tax imposed by Proposition 172 provides public safety services funding to cities and counties. This sales tax is collected on a countywide basis and allocated principally to the County, with a small portion of revenue allocated to 115
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Lincoln City CouncilApril 14, 2026

Lincoln City Council
April 14, 2026