1 AGENDA
ALISO VIEJO CITY COUNCIL
WEDNESDAY, FEBRUARY 16, 2022
6:30 PM SPECIAL MEETING
7:00 PM REGULAR MEETING
City Hall
Council Chambers
12 Journey
Aliso Viejo, Ca
Mayor Ross Chun
Mayor Pro Tem Richard W. Hurt
Councilmember Tiffany Ackley
Councilmember David C. Harrington
Councilmember Mike Munzing
SPECIAL NOTICE REGARDING COVID-19
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID -19. On September 16, 2021, Assembly Bill 361 (AB 361) was signed by Governor Newsom, to allow for the City Council to attend City Council mee tings telephonically and for the public to participate in the City Council meeting by electronic means.
Given the health risks associated with COVID-19, state and local officials are recommending measures to promote social distancing; therefore, the City of Aliso Viejo will not have the Council Chambers open to the public for this meeting. Members of the public may access the meeting live using any of the following sources:
• Cox Communications Channel 851
• AT&T U-Verse Channel 99
• Online at www.avcity.org
• Online at https://attendee.gotowebinar.com/register/3173046942757228812
Public comments may be submitted by calling (949) 425-2509 to leave a recorded message by 4:00 pm on the day of the meeting or via email to [email protected]. Alternatively, public comments may be submitted by logging onto the meeting through this link and using the “Raise Hand” feature:
https://attendee.gotowebinar.com/register/3173046942757228812. Comments are limited to three minutes each.
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WELCOME to the City of Aliso Viejo City Council meeting. Those persons wishing to address the City Council are requested to complete and submit to the City Clerk a “Request to Address City Council” form availabl e at the entrance to the City Council Chambers. Speakers will be called at the appropriate time as their interested matter is heard. COMMENTS WILL BE LIMITED TO THREE MINUTES PER SPEAKER. Council proceedings are recorded.
It is the City’s intention to comply with the Americans with Disabilities Act (ADA). If you need special assistance to participate in the meeting, the City will make reasonable arrangements to ensure accessibility and/or accommodations. [28 CFR 35.102-35.104 ADA Title II] Please contact the City Clerk’s Office at (949) 425-2505 at least 48 hours prior to the meeting.
Regular meetings of the City Council are held on the first and third Wednesday of the month at the City Hall Council Chambers, 12 Journey, Aliso Viejo. Copies of the agenda a re available in the lobby at City Hall on the Thursday preceding a regularly scheduled City Council meeting. All communications received by the City regarding an agenda item have been included in the agenda materials. Supplemental documents relating to spe cific agenda items, including communications received after agenda delivery, are presented at the dais and in the Public Copy agenda binder at the time of the meeting. Supplemental documents are also available for review in the City Clerk’s office, 12 Journey, Aliso Viejo. For more information, please contact City Hall at (949) 425-2505.
This meeting will be broadcast live on Cox Communications Channel 851, AT&T U -Verse Channel 99 and the City's website. By attending the City Council Meeting, you are giving your permission to be televised. The Council Meetings are rebroadcast on Wednesday at 7:00 p.m. on Cox Communications Channel 851, AT&T U -Verse Channel 99, and can be viewed on the internet at www.avcity.org.
DAVID A. DOYLE SCOTT C. SMITH MITZI ORTIZ
CITY MANAGER CITY ATTORNEY CITY CLERK
PLEASE SILENCE ALL CELL PHONES AND OTHER
ELECTRONIC EQUIPMENT WHILE CITY COUNCIL IS IN SESSION
CALL TO ORDER: CONVENE SPECIAL MEETING
PUBLIC COMMENTS:
CLOSED SESSION:
CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) Number of Potential Cases: 1
CONFERENCE LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) Number of Cases: 1
CALL TO ORDER: CONVENE REGULAR MEETING
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ROLL CALL
PLEDGE OF ALLEGIANCE:
REPORT FROM CLOSED SESSION:
1. SPECIAL PRESENTATIONS:
1.1. PROCLAMATION - BLACK HISTORY MONTH
Proclamation
1.2. TRUSTED PARTNER RECOGNITION - SOKA UNIVERSITY
Certificate of Recognition
1.3. FEATURED BUSINESS OF THE MONTH - SALON PLATINUM
Certificate of Recognition
1.4. RECOGNITION OF SERGEANT CARLOS BARCELOS AND COMMUNITY SERVICES
OFFICER BRUCE BURNS
2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:
3. COMMUNITY INPUT:
Members of the public wishing to address the City Council can submit public comments by calling (949) 425- 2509 to leave a recorded by 4:00 pm on the day of the meeting or via email to [email protected]
. Written comments will be read into the record and
recorded messages will be aired during the meeting. Alternatively, public comments may be submitted by logging onto the meeting through this link and using the “Raise Hand” feature: https://attendee.gotowebinar.com/register/3173046942757228812 .
Comments are limited to three (3) minutes each. In compliance with the Brown Act, no discussion or action may be tak en on comments received at this time, except the City Council may briefly respond to statements made or questions posed.
4. CONSENT CALENDAR:
All matters listed on the Consent Calendar will be acted upon by one vote unless members of the City Council, or staff request a matter to be discussed and/or removed from the Consent Calendar for separate action. Items removed from the Consent Calendar wi ll be discussed and voted upon immediately following City Council action on the remainder of the Consent Calendar.
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4.1. WAIVE THE READING OF ALL ORDINANCES AND RESOLUTIONS Recommended Action: Approve the reading by title only of all ordinances and resolutions wherein the titles appear on the public agenda; said titles shall be determined to have been read by title, and further reading is waived.
4.2. RESOLUTION EXTENSION AUTHORIZING VIRTUAL CITY COUNCIL MEETINGS PURSUANT TO ASSEMBLY BILL 361
Recommended Action: Move to reconfirm findings under Assembly Bill 361 and extend Resolution No. 2021-27 to continue virtual City Council meetings.
Staff Report
Attachment 1 - Resolution No. 2021-27
4.3. APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the January 19, 2022 Regular Meeting.
Draft Minutes - January 19, 2022 Regular Meeting
4.4. ACCOUNTS PAYABLE
Recommended Action:
1. Ratify accounts payable checks and electronic funds transfers issued January 6, 2022, in the amount of $866,729.49; and
2. Ratify accounts payable checks and electronic funds transfers issued January 20, 2022, in the amount of $505,004.96.
Staff Report
Attachment 1 - Accounts Payable Report
4.5. TREASURER’S STATEMENTS – NOVEMBER AND DECEMBER 2021 Recommended Action: Approve November and December 2021 Treasurer’s Statements.
Staff Report
Attachment 1 - Nov'21 Treasurer's Report
Attachment 2 - Dec'21 Treasurer's Report
4.6. AGREEMENT WITH PEAK LIGHTING AND ELECTRIC, INC. FOR INTERIOR AND
EXTERIOR LIGHTING MAINTENANCE SERVICES
Recommended Action:
1. Approve Professional Services Agreement with Peak Lighting and Electric, Inc. to perform Interior and Exterior Lighting Maintenance Services; and
2. Authorize the City Manager to execute the agreement with Peak Lighting and Electric, Inc. for an amount not to exceed $75,000.
Staff Report
Attachment 1 - Agreement
4.7. AGREEMENT WITH TEAM ONE MANAGEMENT FOR JANITORIAL SERVICES Recommended Action:
1. Approve Professional Services Agreement with Team One Management to perform Janitorial Services; and
4 5
2. Authorize the City Manager to execute the agreement with Team One Management for an amount not to exceed $700,000.
Staff Report
Attachment 1 - Agreement
4.8. RESOLUTION FOR THE PAVEMENT MANAGEMENT RELIEF FUNDING PROGRAM Recommended Action: Adopt a resolution authorizing the Project List Submittal for Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) Funding through the Orange County Transportation Authority 2021 Pavement Management Relief Funding Program.
Staff Report
Attachment 1 - Resolution
4.9. RELEASE OF BONDS FOR THE LANDSCAPING IMPROVEMENTS AT THE 20
ENTERPRISE CASCADES OFFICE CAMPUS PROJECT
Recommended Action: Adopt a resolution exonerating Landscaping Surety Bond No.
PR2729469 for the 20 Enterprise Cascades Office Campus Project.
Staff Report
Attachment 1 - Resolution
5. PUBLIC HEARINGS: None
6. DISCUSSION:
6.1. BICYCLE MASTER PLAN
Recommended Action: Provide staff direction on whether to proceed with a bicycle master plan.
Staff Report
Attachment 1 - Existing Bike Lanes
Attachment 2 - Cycle Track Examples
6.2. CONSIDERATION OF ORDINANCE OR BALLOT MEASURE REQUIRING SPECIAL
ELECTIONS TO FILL COUNCIL VACANCIES
Recommended Action:
Discussion and consideration of the following alternatives:
1. Introduce and waive first reading of an Ordinance of the City of Aliso Viejo, California Adding Section 2.04.135 to the Aliso Viejo Municipal Code Regarding Council Vacancies (Attachment 1); OR
2. Adopt a resolution submitting a ballot measure to the voters requiring that Cou ncil vacancies be filled by special election (Attachment 2); OR
3. Leave intact the status quo under which each Council may choose whether to fill vacancies of less than two years by appointment or special election (no action).
Staff Report
Attachment 1 - Ordinance
Attachment 2 - Resolution
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7. CITY MANAGER' S REPORT:
8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:
9. ADJOURNMENT:
The next regularly scheduled City Council meeting is March 2, 2022.
6 Proclamation
Black History Month – February 2022
WHEREAS, Black History Month is observed in February of each year; and
WHEREAS, Black History Month seeks to emphasize Black history and its cultural contributions to American life, and is designed to recognize and pay tribute to the many contributions of African Americans to the history, society and culture of the United States of America; and
WHEREAS, Black History Month celebrates the achievements of African Americans in Arts, Civil Rights, Education, Entertainment, Government, History, Law, Literature, Medicine, Military, Music, Politics, Science, Sports, and other endeavors; and
WHEREAS, the City of Aliso Viejo continues to work toward becoming an inclusive community in which all citizens -past, present, and future- are respected and recognized for their contributions and potential contributions to our community, the state, the country, and the world; and
WHEREAS, special recognition is given to Orange County Heritage Council and the Orange County Black History Parade, the African American Alliance Fund, philanthropists, churches, businesses, and organizations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aliso Viejo, California, hereby proclaims February 2022 as Black History Month and encourages all residents to celebrate our diversity and continue our efforts to create a world that is more just, peaceful, and prosperous for all.
Dated this 16th day of February, 2022
___________________________
Ross Chun, Mayor
7 Certificate of Recognition
Presented to
SOKA UNIVERSITY
Trusted Partner Supporting the
City of Aliso Viejo
February 2022
Presented this 16th day of February, 2022
Ross Chun, Mayor
8 Certificate of Recognition
Presented to
Salon Platinum
Aliso Viejo
Business of the Month
February 2022
Presented this 16th day of February, 2022
Ross Chun, Mayor
9 City of Aliso Viejo
AGENDA ITEM
DATE: February 16, 2022
TO: Mayor and City Council
FROM: Mitzi Ortiz, Director of Government Services
SUBJECT: RESOLUTION EXTENSION AUTHORIZING VIRTUAL CITY COUNCIL MEETINGS PURSUANT TO ASSEMBLY BILL 361
Recommended Action:
Move to reconfirm findings under Assembly Bill 361 and extend Resolution No. 2021-27 to continue virtual City Council meetings.
Fiscal Impact:
None.
Background:
Assembly Bill 361 (“AB 361”), effective October 1, 2021, waives certain provisions of the Ralph M. Brown Act and allows legislative bodies to meet virtually until January 1, 2024, provided there is a state of emergency and either:
1. state or local officials have imposed or recommended measures to promote social distancing; or
2. the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees.
Under AB 361, the City is not required to allow public access at teleconference locations; however, the City must provide access to meetings via a call-in option or internet-based service option so that members of the public may address the City Council in real time.
Additionally, every 30 days the City Council must reconsider the state of emergency and make the determination to continue meeting virtually in accordance with AB 361.
Discussion:
On October 20, 2021, the City Council adopted Resolution No. 2021-27 authorizing virtual City Council meetings under AB 361, having found and determined that (1) a state of emergency related to COVID-19 is currently in effect; (2) state and local officials have 10
recommended measures to promote social distancing in connection with COVID-19; and (3) due to the COVID-19 emergency, meeting in person would present imminent risks to the health and safety of attendees. At subsequent meetings, the City Council has reconfirmed the findings and extended the resolution pursuant to AB 361.
Staff will agendize this matter for consideration at each City Council meeting until such time as the state of emergency has been terminated or the City Council determines that conditions no longer exist to prevent meeting safely in person.
Staff recommends that the City Council reconfirm the findings in Resolution No. 2021-27 continue to exist and approve the extension of the resolution.
Attachment:
1. Resolution No. 2021-27
11
RESOLUTION NO. 2021-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, AUTHORIZING VIRTUAL CITY COUNCIL
MEETINGS PURSUANT TO ASSEMBLY BILL 361
WHEREAS, the Aliso Viejo City Council (“Council”) is committed to preserving and nurturing public access and participation in meetings of the Council; and
WHEREAS, with the exception of closed sessions, all meetings of the Council are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend and participate in the Council’s meetings; and
WHEREAS, starting in March 2020, in response to the spread of COVID-19 in the State of California, the Governor issued a number of executive orders aimed at containing the COVID-19 virus; and
WHEREAS, among other things, these orders wa ived certain requirements of the Brown Act to allow legislative bodies to meet virtually; and
WHEREAS, pursuant to the Governor’s executive orders, the Council has been holding virtual meetings during the pandemic in the interest of protecting the health and safety of the public, staff, and Councilmembers; and
WHEREAS, the Governor’s executive order related to the suspension of certain provisions of the Brown Act expires on September 30, 2021; and
WHEREAS, on September 16, 2021 the Governor signed Assembly Bill 361 (in effect as of October 1, 2021 – Government Code Section 54953(e)), which allows legislative bodies to meet virtually provided there is a state of emergency, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by ma jority vote that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, such conditions now exist in Orange County, specifically, a state of emergency has been proclaimed related to COVID-19, state and local officials are recommending measures to promote social distancing, and because of the ongoing threat of COVID-19, meeting in person would present imminent risks to the health and safety of attendees;
NOW, THEREFORE, BE IT RESOLVED BY THE ALISO VIEJO CITY COUNCIL AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference. 12
Section 2. Remote Teleconference Meetings. Consistent with the provisions of Government Code Section 54953(e), the Council finds and determines that (1) a state ofemergency related to COVID-19 is currently in effect; (2) state and local officials have recommended measures to promote social distancing in connection with COVID-19; and (3) due to the COVID-19 emergency, meeting in person would present imminent risks to the health and safety of attendees. Based on such facts, findings and determinations, the Council authorizes staff to conduct remote teleconference meetings of the Council under the provisions of Government Code Section 54953(e).
Section 3. Effective Date of Resolution. This Resolution shall take effect upon adoption and shall be effective for 30 days unless earlier extended by a majority vote of the Council in accordance with Section 4 of this Resolution.
Section 4. Extension by Motion. The Council may extend the application of this Resolution by motion and majority vote by up to 30 days at a time, provided that it makes all necessary findings consistent with and pursuant to the requirements of Section 54953(e)(3).
PASSED, APPROVED AND ADOPTED this 20th day of October, 2021.
Tiffany Ackley
Mayor
APPROVED AS TO FORM: ATTEST:
Scott C. Smith Mitzi Ortiz, MMC
City Attorney City Clerk
Mitzziiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii Ortiz,z,z,z,,z,z,z,z,,zz,zz,,,z,,z,,zz,,z,zz,,zz,z,zzzzz,z,,z,zzzz,,,zz,,,z,z,, MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMC City Clerk
13
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that foregoing Resolution No. 2021-27 was duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 20th day of October 2021, by the following roll call vote, to wit:
AYES: Mayor Ackley, Mayor Pro Tem Chun, Councilmembers Harrington, Hurt and Munzing
NOES: None
ABSENT: None
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
MITZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZI ORTITITITITTITITTITITITITIITIITITITTITITITTITTITITITITTTITTITITITITTITITTTTTTITITITTTTITIITITITITITTTITITITTTITITITITTTTTITITTTTTTITTITTIITITTTITIITITITTIITTTITIITIITIIITTIITTITITIITTTTTTTITTTTTTTITITTTTTTTITTTTTTTTTTTTTTTTTTTTTTTTT ZZZ,ZZZZZZZZZZZZZZZZZZZZZ MMC
CITY CLERK
14
Regular Meeting Minutes
CITY OF ALISO VIEJO
CITY COUNCIL MINUTES
REGULAR MEETING
January 19, 2022, 7:00 P.M.
Council Chambers, City Hall, 12 Journey
Aliso Viejo, California
City Council conducted this meeting in accordance with California Government Code Section 54953(e)(2) and COVID-19 pandemic protocols.
CALL TO ORDER: Mayor Chun called the Regular Meeting of the City Council of the City of Aliso Viejo to order at 7:01 p.m.
ROLL CALL:
PRESENT: MAYOR ROSS CHUN (via teleconference)
MAYOR PRO TEM RICHARD HURT (via teleconference)
COUNCILMEMBER TIFFANY ACKLEY (via teleconference)
COUNCILMEMBER DAVID C. HARRINGTON (via teleconference)
COUNCILMEMBER MIKE MUNZING (via teleconference)
ABSENT: NONE
STAFF PRESENT: DAVID A. DOYLE, CITY MANAGER
SCOTT C. SMITH, CITY ATTORNEY
MITZI ORTIZ, CITY CLERK
PAUL ESPINOZA, INTERIM ADMINISTRATIVE SERVICES DIRECTOR
SHAUN PELLETIER, PUBLIC WORKS DIRECTOR
OMAR DADABHOY, COMMUNITY DEVELOPMENT DIRECTOR
LIZZY MENDOZA, ACTING RECREATION & COMMUNITY SERVICES
DIRECTOR
ISAAC AZIZ, INFORMATION TECHNOLOGY MANAGER
CAPT. CHAD KAJFASZ, CHIEF OF POLICE SERVICES
PLEDGE OF ALLEGIANCE: Councilmember Tiffany Ackley led the pledge of allegiance.
1. SPECIAL PRESENTATIONS:
1.1. FEATURED BUSINESS OF THE MONTH – ALISO VIEJO CERTIFIED FARMERS’ MARKET
Mayor Chun introduced a video and presented the certificate of recognition to Market Manager Mary Senske. Ms. Senske expressed her appreciation. 15
Regular Meeting Minutes
1.2. MOULTON NIGUEL WATER DISTRICT PRESENTATION REGARDING DROUGHT &
DISTRICT UPDATES
Mayor Chun introduced Assistant General Manager Matt Collings, who provided an update on Moulton Niguel Water District.
2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:
None.
3. COMMUNITY INPUT:
None.
4. CONSENT CALENDAR:
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
Motion: Councilmember Munzing moved and Councilmember Ackley seconded to approve the recommended actions. Motion carried 5-0.
4.1. WAIVE THE READING OF ALL ORDINANCES AND RESOLUTIONS Recommended Action: Approve the reading by title only of all ordinances and resolutions wherein the titles appear on the public agenda; said titles shall be determined to have been read by title, and further reading is waived.
4.2. RESOLUTION EXTENSION AUTHORIZING VIRTUAL C ITY COUNCIL MEETINGS PURSUANT TO ASSEMBLY BILL 361
Recommended Action: Move to reconfirm findings under Assembly bill 361 and extend Resolution No. 2021-27 to continue virtual City Council meetings.
4.3. APPROVAL OF MINUTES
Recommended Action: Approve the minutes as submitted for the December 1, 2021 Regular Meeting.
4.4. ACCOUNTS PAYABLE
City Manager David Doyle and City Clerk Mitzi Ortiz responded to questions regarding payment made.
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Regular Meeting Minutes
Recommended Action:
1. Ratify accounts payable checks and electronic funds transfers issued November 23, 2021, in the amount of $358,685.11;
2. Ratify accounts payable checks and electronic funds transfers issued December 09, 2021, in the amount of $1,162,500.30; and
3. Ratify accounts payable checks and electron ic funds transfers issued December 22, 2021, in the amount of $394,056.84.
Motion: Councilmember Ackley moved and Mayor Pro Tem Hurt seconded to approve the recommended actions. Motion carried 5-0.
4.5. TREASURER’S STATEMENT – OCTOBER 2021
Recommended Action: Approve October 2021 Treasurer’s Statement.
4.6. ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR)
Councilmembers commented on the matter. City Manager David Doyle responded to questions regarding revenue sources.
Recommended Action: Receive and file the Annual Comprehensive Financial Report (ACFR) for the year ended June 30, 2021.
Motion: Councilmember Ackley moved and Councilmember Munzing seconded to approve the recommended action. Motion carried 5-0.
4.7. RESOLUTION APPROVING THE ISSUANCE BY THE CALIFORNIA MUNICIPAL
FINANCE AUTHORITY OF THE PORTION OF REVENUE BONDS THE PROCEEDS OF WHICH ARE TO BE LOANED TO QCF/I, INC., A 501(c)(3) NONPROFIT HEALTHCARE
ORGANIZATION, AND USED TO ACQUIRE THE EXISTING FACILITY LOCATED AT 200 FREEDOM LANE, ALISO, VIEJO, CALIFORNIA ; AND APPROVING CERTAIN
OTHER MATTERS RELATING THERETO
Recommended Action: Adopt Resolution No. 2022-01 approving the issuance by the California Municipal Finance Authority of the portion of revenue bonds the proceeds of which are to be loaned to QCF/I, Inc., a 501 (c)(3) nonprofit healthcare organization, and used to acquire the existing facility located at 200 Freedom Lane, Aliso, Viejo, California; and approving certain other matters relating thereto.
4.8. FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH KOSMONT & ASSOCIATES, INC. FOR ECONOMIC DEVELOPMENT CONSULTANT SERVICES City Manager David Doyle and Community Development Director Omar Dadabhoy responded to questions re garding services provided. Councilmembers commented on the matter.
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Regular Meeting Minutes
Recommended Action: Approve and authorize the City Manager to execute a Fifth Amendment to the Professional Services Agreement with Kosmont & Associates, Inc. For economic development consultant services to increase the total compensation by an amount not to exceed $12,000 and extend the term of the agreement to June 30, 2022.
Motion: Councilmember Ackley moved and Councilmember Munzing seconded to approve the recommended action. Motion carried 5-0.
4.9. FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH MIKE LINARES, INC. FOR COMMUNITY DEVELOPMENT BLOCK PROGRAM (CDBG) PROGRAM ADMINISTRATION FOR FY 2021-2022
Councilmembers commented on the matter.
Recommended Action: Approve and authorize the City Manager to execute the First Amendment to the Professional Services Agreement with Mike Linares, Inc. for Community Development Block Program (CDBG) Program administration for FY 2021- 2022.
Motion: Councilmember Ackley moved and Mayor Pro Tem Hurt seconded to approve the recommended action. Motion carried 5-0.
4.10. THIRD AMENDMENT TO PROFESSIONAL SERVICES WITH BECKY CAHA FOR
AFFORDABLE HOUSING IMPLEMENTATION SERVICES
Recommended Action: Approve and authorize City Manager to execute a Third Amendment to the Professional Services Agreement with Becky Caha, independent contractor, to increase the amount of the existing agreement.
5. PUBLIC HEARINGS:
5.1. PLANNING APPLICATION PA21-016 (SDP/AUP/EP) FOR A SITE DEVELOPMENT
PERMIT TO DEMOLISH AN EXISTING BUILDING AND CONSTRUCT A NEW RESTAURANT WITH A DRIVE- THRU; AN ADMINISTRATIVE USE PERMIT FOR OUTDOOR DINING; AND AN EXCEPTION PERMIT FOR A PARKING DEFICIENCY BELOW 15% AT 26641 ALISO CREEK ROAD
City Manager David Doyle introduced Senior Planner Jennifer Lowe, who provided an overview. Community Development Director Omar Dadabhoy, and applicants Jared Taylor (Golden Property Development) and Jason Dedmore (Amy’s Kitchen) provided additional information. Staff and applicants responded to questions regarding project timeline, square footage, drive-thru configuration, demolition debris removal, impact on neighboring businesses, grading, and living roof maintenance. Councilmembers commented on the matter. Mayor Chun opened the public hearing and there were no speakers. Mayor Chun closed the public hearing.
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Regular Meeting Minutes
Recommended Action:
1. Open and conduct a public hearing;
2. Find that the request is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15302 (Replacement or Reconstruction); and
3. Adopt Resolution No. 2022-02 making findings under the California Environmental Quality Act and approving Planning Application PA21-016 (SDP/AUP/EP) for a site development permit to demolish an existing building and construct a new restaurant with a drive- thru; an administrative use permit for outdoor dining; and an exception permit for a parking deficiency below 15% at 26641 Aliso Creek Road.
Motion: Councilmember Munzing moved and Mayor Pro Tem Hurt seconded to approve the recommended actions. Motion carried 5-0.
5.2. REQUEST TO APPROVE PLANNING APPLICATION PA21- 014 (SDP) FOR A SITE
DEVELOPMENT PERMIT TO ALLOW FOR EXTERIOR MODIFICATIONS TO THE
BUILDING AND PARKING LOT, INCLUDING REDESIGN OF THE PRIMARY BUILDING
ELEVATION, UPGRADES TO LANDSCAPING, AND ADJUSTMENTS TO THE PARKING LOT TO SATISFY ACCESSIBILITY REQUIREMENTS, AT 7 JOURNEY AND
DETERMINATION THAT PROJECT IS CATEGORICALLY EXEMPT FROM CEQA City Manager David Doyle introduced Senior Planner Jennifer Lowe, who provided an overview. Staff responded to questions regarding train caboose aesthetic , building façade. Councilmembers commented on the matter. Applicant Jeremy Webb (Webb Grainworks) provided additional information. Mayor Chun opened the public hearing and there were no speakers. Mayor Chun closed the public hearing.
Recommended Action:
1. Open and conduct a public hearing;
2. Find that the request is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15301 (Existing Facilities); and
3. Adopt Resolution No. 2022-03 approving Planning Application PA21- 0174 (SDP) for a site development permit to all ow for exterior modifications to the building and parking lot, including redesign of the primary building elevation, upgrades to landscaping, and adjustments to the parking lot to satisfy accessibility requirements, at 7 Journey..
Motion: Councilmember Ackley moved and Mayor Pro Tem Hurt seconded to approve the recommended actions. Motion carried 5-0.
5.3. GENERAL PLAN AMENDMENT PA21-019 (GPA) - HOUSING ELEMENT City Manager David Doyle introduced Community Development Director Omar Dadabhoy, who provided an overview. City Attorney Scott Smith and consultant John Douglas provided additional information. Staff and consultant responded to questions regarding affordable housing levels in recent developments, density bonus provisions, skilled and trained workforce policy, non-compliance, and taxpayer subsidy. Councilmembers commented on the matter. Mayor Chun opened the public hearing and the following person spoke:
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Regular Meeting Minutes
1. John Hanna, Southwest Regional Council of Carpenters, regarding skilled and trained workforce.
2. Amir Baum expressed support for mixed-use development.
There were no other speakers. Mayor Chun closed the public hearing.
Recommended Action:
1. Open and conduct a public hearing;
2. Find that the request is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15061(b)(3) (Common Sense Exemption); and
3. Adopt Resolution No. 2022-04 making findings under the California Environmental Quality Act and approving Planning Application PA21-019 (GPA) approving a general plan amendment to adopt the 2021-2029 Housing Element Update.
Motion: Mayor Pro Tem Hurt moved and Councilmember Ackley seconded to approve the recommended actions. Motion carried 5-0.
6. DISCUSSION:
6.1. ACCEPTANCE OF DONATED SCULPTURE FROM ARTIST JON SEEMAN FOR
PLACEMENT AT ALISO VIEJO RANCH
City Manager David Doyle provided an overview. Councilmembers commented on the matter.
Recommended Action:
1. Accept donation of sculpture from artist Jon Seeman for placement at Aliso Viejo Ranch; and
2. Appropriate funds from General Fund Reserves and authorize City Motion: Councilmember Ackley moved and Mayor Pro Tem Hurt seconded to approve the recommended actions. Motion carried 5-0.
6.2. RESOLUTION AMENDING CITY EMPLOYEE SALARY SCHEDULE TO MODIFY
EXISTING POSITION AND ADD NEW HUMAN RESOURCES ANALYST POSITION City Manager David Doyle provided an overview. City Attorney Scott Smith provided additional information. Staff responded to questions regarding staff training, legal support services, and cost savings. Councilmembers commented on the matter.
Recommended Action: Adopt Resolution No. 2022-05 amending City employee salary schedule to modify existing position and add new Human Resources Analyst position.
Motion: Councilmember Ackley moved and Councilmember Munzing seconded to approve the recommended actions. Motion carried 5-0.
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Regular Meeting Minutes
7. CITY MANAGER' S REPORT:
City Manager David Doyle encouraged residents to visit the Aliso Viejo Certified Farmers’ Market on Saturdays from 8:00 a.m. to 1:00 p.m. at Aliso Viejo Town Center; and to register for recreation programs.
8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:
Councilmember Ackley:
Encouraged residents to obtain free COVID-19 test kits through federal program Councilmember Harrington: None
Councilmember Munzing: None
Mayor Pro Tem Hurt:
Encouraged residents to visit Aliso Viejo Ranch and participate in events and programs Expressed appreciation to City staff
Mayor Chun:
Expressed appreciation to donors and staff at American Red Cross Blood Drive Met with Moulton Niguel Water District
Congratulated Aliso Viejo Chamber of Commerce on continued services Attended SCAG Transportation Committee Meeting
Attended League of California Cities Orange County Division Board Meeting Expressed belated birthday wishes to Mayor Pro Tem Hurt
9. ADJOURNMENT: Mayor Chun adjourned the meeting at 9:27 p.m. to the regularly scheduled meeting of February 16, 2022.
Respectfully submitted: Approved by:
________________________ ________________________
MITZI ORTIZ, MMC ROSS CHUN
CITY CLERK MAYOR
21 City of Aliso Viejo
AGENDA ITEM
D
ATE:
TO
:
FROM:
February 16, 2022
Mayor and City Council
Sheryl Mariano, Accounting Supervisor
SU
BJECT: ACCOUNTS PAYABLE
Recommended Actions:
1. R
atify accounts payable checks and electronic funds transfers issued January 6, 2022, in the amount of $866,729.49; and
2. Ratify accounts payable checks and electronic funds transfers issued January 20, 2022, in the amount of $505,004.96.
Fiscal Impact:
Expenditures in the amount of $1,371,734.45.
Background:
The City issues accounts payable checks on bi-weekly basis and presents it to City Council
for ratification at its next regularly scheduled City Council meeting.
Discussion:
The attached register containing checks and electronic funds transfers dated January 6, 2022, through January 20, 202 2, for $1,371,734.45 is being presented for ratification. All payments have been made in compliance with the City’s purchasing policy and procedures.
Payments have been reviewed and approved by the appropriate departmental staff. The issued accounts payable checks and electronic funds transfers have been audited and deemed accurate by the A
ccounting Supervisor.
Attachment:
1. Accounts Payable Report
22 Accounts Payable
01/06/2022
Description (Item)Vendor Name Amount
101 - GENERAL FUND
P#21-0508-C&D REFUND-OAKBROOK/ 91 TIMBERLANDOAKBROOK LANDSCAPE AND POOL CONSTRUCTION INC 500.00 P#21-0396-C&D REFUND-PINNACLE CORP/11 COLUMBIAPINNACLE CONTRACTING CORPORATION 1,500.00 P#21-1309& 21-1310 C&D REFUND-HOYT ROOFS/BLUEBIRDHOYT ROOFS 1,000.00 P#21-1464 & 21-1465 C&D REFUND-HOYT/BLUEBIRD LNHOYT ROOFS 3,000.00 6,000.00
CITY COUNCIL
MO-11/29 AV CHAMBER OF COMMERCE MTG-REGISUS BANK PURCHASING CARD PROGRAM 19.95 NOV'21-CC PHONESAT&T 247.30
OUTGOING MAYOR PLAQUE-T.ACKLEYJ&M TROPHIES INC 109.40
CITY COUNCIL NAMETAGS - R.CHUN & R.HURTJ&M TROPHIES INC 20.15 CITY COUNCIL TOTAL: 396.80
CITY MANAGER
MO-CC 2/1-2/4/22 CITY MANAGER CONF - AIRFAREUS BANK PURCHASING CARD PROGRAM 238.00 NOV'21 CM-PHONEAT&T 59.42
CITY MANAGER TOTAL: 297.42
ECONOMIC DEVELOPMENT
DG-THE ROW REMOVAL SUPPLIESUS BANK PURCHASING CARD PROGRAM 94.69 ECONOMIC DEVELOPMENT TOTAL: 94.69
CITY CLERK
2021 MUNICIPAL ELECTION HANDBOOK/DOCUMENTSMCA DIRECT 404.38 CITY CLERK TOTAL: 404.38
FINANCE
SM-1/5/22 1099 PROCESS/TYLER TECH WEBINAR-REGISUS BANK PURCHASING CARD PROGRAM 150.00 FINANCE TOTAL: 150.00
INFORMATION TECHNOLOGY
12/10-1/9/22 ACCT#0202-CH-TV/CABLECOX COMMUNICATIONS, INC 150.49 12/6-1/5/22 ACCT #8802-CH-INTERNETCOX COMMUNICATIONS, INC 1,500.00 NOV'21 EOC-4 PHONESAT&T 114.10
NOV'21 EOC-4 MIFIAT&T 160.96
NOV'21 CH-4 MIFIAT&T 163.96
NOV'21-CH-FLEET COMPLETEAT&T 129.30
AUG'21-AUG'26 -5 DEEPFREEZE LICENSE RENEWALSSHI INTERNATIONAL CORP 175.00 FY21-22 MERAKI LICENSES RENEWALSHI INTERNATIONAL CORP 20,305.67 12/23-1/22/22- CH O365 LICENSES & SUPPORTTANGENT COMPUTERS INC 2,084.00 INFORMATION TECHNOLOGY TOTAL: 24,783.48
NON-DEPARTMENTAL
11/18/21 CH BOTTLED WATERDS SERVICES OF AMERICA, INC 79.85 11/12-12/11/21 RICOH 2504 BACK OFFICE-COPIESRICOH USA 89.43 DEC'21 CITY CAR FUELVOYAGER FLEET SYSTEMS INC 270.72
NOV'21-7.01HRS-PIO/MAYOR OUTREACH/SPECIALS PROJRK BRANDS, LLC 630.90 JAN'22 RENTAL STORAGE UNIT #535ALISO VIEJO SELF STORAGE 430.00 NON-DEPARTMENTAL TOTAL: 1,500.90
C. S. ADMINISTRATION
MO-11/24-11/28 ALL IS BRIGHT EVT-FACEBOOK ADUS BANK PURCHASING CARD PROGRAM 35.36 SMP-NOV'21-41 TRIPS-TRANSPORTATION SRVCABCO YELLOW INC 123.00 REC DEPT-2022 NPRA PREMIER MEMBERSHIP DUESNATIONAL RECREATION AND PARK ASSOCIATION 675.00 AVR- COVID SIGN UPDATE-PRINTING SRVWESTAMERICA COMMUNICATIONS INC 238.81 C. S. ADMINISTRATION TOTAL: 1,072.17
IGLESIA PARK COMMUNITY CENTER
NOV'21 B&G CAPO- ELEMENTARY & TEEN KEYSTONE PROGBOYS & GIRLS CLUB OF CAPISTRANO VALLEY 13,125.00 IGLESIA PARK COMMUNITY CENTER TOTAL: 13,125.00
PLANNING
OD-12/5-12/7 ICSC CONF-FOOD/HOTEL/MONORAIL/PRKGUS BANK PURCHASING CARD PROGRAM 389.79 23 Description (Item)Vendor Name Amount
OD-AVTC-DEC'21 CONSTANT CONTACT-EMAIL MARKETINGUS BANK PURCHASING CARD PROGRAM 45.00 PLANNING TOTAL: 434.79
ENGINEERING (GENERAL)
NOV'21 PW TABLET-AT&T INTERNETAT&T 80.48
10/19/21 MNWD H2O FOR HOAS EVENTMOULTON NIGUEL WATER DIST 1,000.00 ENGINEERING (GENERAL) TOTAL: 1,080.48
LAW ENFORCEMENT-CONTRACT
JAN'22 CONTRACT PAYMENT CREDITCOUNTY OF ORANGE (1,980.08) JAN'22 LAW ENFORCEMENTCOUNTY OF ORANGE 782,783.60
LAW ENFORCEMENT-CONTRACT TOTAL: 780,803.52
LAW ENFORCEMENT-OTHER
BG-CHAPLUK & ITANI DEPUTY OF THE YEAR-PLATE FOR TIUS BANK PURCHASING CARD PROGRAM 200.79 BG-12/17 DUI CHECKPOINT-F&B FOR STAFFUS BANK PURCHASING CARD PROGRAM 230.96 BG-12/17 DUI CHECKPOINT SUPPLIES-COSTCOUS BANK PURCHASING CARD PROGRAM 96.25 NOV'21 PALS-PHONEAT&T 44.42
LE BMW#3962 MOTORCYCLE HEADLIGHT REPAIRSEAVCO INC 49.85 LE VIN#1944 M/C-1K SERVICINGOC HARLEY DAVIDSON 595.76
LE-M/C #8767 HEAT SHIELD & BRACKET REPAIROC HARLEY DAVIDSON 360.81 11/28-12/11/21-459.25HRS SCHOOL CROSSING GUARD SRVALL CITY MANAGEMENT SERVICES 11,632.80 DEC'21 MOTORCYCLE FUEL & CAR WASHESVOYAGER FLEET SYSTEMS INC 744.95 2022 CALIFORNIA VEHICLE HANDBOOKSBLUE 360 MEDIA LLC 55.50 2022 CALIFORNIA PENAL BOOKSBLUE 360 MEDIA LLC 65.70
LAW ENFORCEMENT-OTHER TOTAL: 14,077.79
EOC
1/14-2/14/22-RENTAL OFFSITE STORAGE #A1554LIFE STORAGE #961 250.00 SL-12/2 OC EMERGENCY MANAGERS MTG-PARKINGUS BANK PURCHASING CARD PROGRAM 10.00 SL-CHARGING STRIP FOR EOC RADIOS-AMAZONUS BANK PURCHASING CARD PROGRAM 43.09 EOC TOTAL: 303.09
GENERAL FUND TOTAL: 844,524.51
102 - GEN. FD-CITY HALL
NON-DEPARTMENTAL
DG-CITY HALL MAINT & REPAIR SUPPLIES-HOME DEPOUS BANK PURCHASING CARD PROGRAM 123.79 DEC'21 CH- PLANT MAINTENANCEFOSTERS' GARDENS INC 105.00 JAN'22 CH HOA ASSESSMENTPACIFIC PARK II ASSOCIATION 347.27 NON-DEPARTMENTAL TOTAL: 576.06
GEN. FD-CITY HALL TOTAL: 576.06
103 - GF-AV RECREATION SERVICES
RECREATION SERVICES
DG-AVR MAINTENANCE & REPAIR SUPPLIESUS BANK PURCHASING CARD PROGRAM 727.08 DG-REFUND-AVR MAINT SUPPLIES-HOME DEPOTUS BANK PURCHASING CARD PROGRAM (18.28) 12/22 AVR-REPAIR & REPLACE FLOOR PLANKSFLOOR TECH AMERICA, INC 697.00 NOV'21-4 REC PHONESAT&T 178.76
NOV'21 REC TABLET-AT&T INTERNETAT&T 40.24
DEC'21-AVR-LIGHTING MAINTENANCEPEAK LIGHTING & ELECTRIC INC 199.00 DEC'21 -AVR-EMERG LIGHTING MAINTPEAK LIGHTING & ELECTRIC INC 235.42 DEC'21 AVR- PLANT MAINTENANCEFOSTERS' GARDENS INC 90.00 12/23-1/22/22 AVR O365 LICENSES & SUPPORTTANGENT COMPUTERS INC 387.00 RECREATION SERVICES TOTAL: 2,536.22
GF-AV RECREATION SERVICES TOTAL: 2,536.22
203 - GAS TAX
TRAFFIC ENGINEERING
NOV'21 TRAFFIC SIGNAL MONITORINGHARTZOG & CRABILL INC 3,022.62 TRAFFIC ENGINEERING TOTAL: 3,022.62
STREET MAINTENANCE
NOV'21 ACCT#6953 ST LIGHTS & TRAFFIC CONTROLLERSSAN DIEGO GAS & ELECTRIC 2,374.35 STREET MAINTENANCE TOTAL: 2,374.35
GAS TAX TOTAL: 5,396.97
24 Description (Item)Vendor Name Amount
204 - MEASURE M
GEN-MEASURE M
SMP-M2 FUND-NOV'21-41 TRIPS-TRANSPORTATION SRVCABCO YELLOW INC 492.00 GEN-MEASURE M TOTAL: 492.00
MEASURE M TOTAL: 492.00
215 - PUBLIC SAFETY GRANTS
LAW ENFORCEMENT-OTHER
JAN'22 MOTORCYCLE REPLACEMENT COSTSCOUNTY OF ORANGE 64.60 JAN'22 E CITATION RECURRING COSTSCOUNTY OF ORANGE 384.97 JAN'22 PVS REPLACEMENTCOUNTY OF ORANGE 1,136.46
JAN'22 MDC REPLACEMENTCOUNTY OF ORANGE 1,627.11
JAN'22 PVS RECURRINGCOUNTY OF ORANGE 1,838.97
JAN'22 MDC RECURRINGCOUNTY OF ORANGE 4,011.56
JAN'22 E CITATION REPLACEMENT COSTSCOUNTY OF ORANGE 183.56 LAW ENFORCEMENT-OTHER TOTAL: 9,247.23
PUBLIC SAFETY GRANTS TOTAL: 9,247.23
241 - TECHNOLOGY FUND
GEN-TECHNOLOGY GRANTS
JAN-MAR'22-GRANICUS-WEBSTREAMINGGRANICUS INC 1,918.35
1/1-3/31/22 720P STREAMINGGRANICUS INC 300.00
GEN-TECHNOLOGY GRANTS TOTAL: 2,218.35
TECHNOLOGY FUND TOTAL: 2,218.35
261 - CITY FAC.-AQUATIC CENTER
GEN-AQUATIC CENTER
SEP'21 AQ CTR PLUMBING SERVICEVERNE'S PLUMBING, INC 632.23 DEC'21-AQ CTR-LIGHTING MAINTENANCEPEAK LIGHTING & ELECTRIC INC 350.51 DEC'21 AQ CTR-POOL CHEMICALSTHE ILLINI COMPANIES, INC 755.41 GEN-AQUATIC CENTER TOTAL: 1,738.15
CITY FAC.-AQUATIC CENTER TOTAL: 1,738.15
GRAND TOTAL: 866,729.49
25 Accounts Payable
01/20/2022
Description (Item)Vendor Name Amount
101 - GENERAL FUND
FEB'22 LIFE ISNURANCEUNITED OF OMAHA LIFE INSURANCE CO. 1,236.13 FEB'22 CALPERS HEALTH PREMIUMCALPERS HEALTH 27,755.70
FEB'22-COUNCIL-CALPERS HEALTH PREMIUMCALPERS HEALTH 3,247.69 NOV'21 CAA-7 COMPUTER STATIONS LEASE CREDITCHARLES ABBOTT ASSOC INC (350.00) NOV'21 CAA ENG 5004 MNWDCHARLES ABBOTT ASSOC INC 695.61 NOV'21 CAA ENG 5003 COXCHARLES ABBOTT ASSOC INC 302.91
NOV'21 CAA ENG 5062 NEW DYNASTY CONSTCHARLES ABBOTT ASSOC INC 168.72 NOV'21 CAA ENG 5049 COX UTILITYCHARLES ABBOTT ASSOC INC 76.68 NOV'21 CAA ENG 5002 AT&TCHARLES ABBOTT ASSOC INC 24.10
FEB'22 DENTAL INSURANCECHOICE BUILDER 2,488.18
FEB'22 VISION INSURANCECHOICE BUILDER 373.48
EP#21-05-018 REFUND OAKBROOK/91TIMBERLANDOAKBROOK LANDSCAPE AND POOL CONSTRUCTION INC 3,000.00 P#21-0965-C&D REFUND-HOMEPRO REMODELING/24 MONSTADHPR CLICKING 500.00 P#21-1122-C&D REFUND-JOSE CAMACHO/82 MAYFAIRJOSE CAMACHO 500.00 P#21-1754-C&D REFUND-C.RADKE/ROVICS CONST 61 HM LNROVICS CONSTRUCTION INC 500.00 40,519.20
CITY COUNCIL
DD-TA 12/5-12/7 ICSC CONFERENCE-HOTELUS BANK PURCHASING CARD PROGRAM 208.62 DD-RH 12/5-12/7 ICSC CONFERENCE-HOTELUS BANK PURCHASING CARD PROGRAM 236.97 LL-11/29 VETERANS DAY MEMORIAL WREATHUS BANK PURCHASING CARD PROGRAM 225.00 LL-REFUND-RC 12/1 ICSC 2021 CONF-AIRFAREUS BANK PURCHASING CARD PROGRAM (408.96) LL-TA 12/5-12/7/21 ICSC 2021 CONF-AIRFAREUS BANK PURCHASING CARD PROGRAM 652.96 LL-REFUND RC 12/1 ICSC 2021 CONF REGISUS BANK PURCHASING CARD PROGRAM (50.00) LL-REFUND-RC ICSC 2021 CONF-HOTELUS BANK PURCHASING CARD PROGRAM (272.12) PC-RC-11/19 LAGUNA NIGUEL CHAMBER BREAKFASTUS BANK PURCHASING CARD PROGRAM 25.00 CITY COUNCIL TOTAL: 617.47
CITY MANAGER
FEB'22-PG-HEALTH PREMIUMCALPERS HEALTH 149.00
DD-REFUND-12/5-12/7/21 ICSC CONF- HOTELUS BANK PURCHASING CARD PROGRAM (180.27) DD-12/7 ICSC CONF TRANSPORTATIONUS BANK PURCHASING CARD PROGRAM 18.46 DD-REFUND-12/5-12/7/21 ICSC CONF- HOTELUS BANK PURCHASING CARD PROGRAM (180.27) DD-12/7 ICSC CONFERENCE - TRANSPORTATIONUS BANK PURCHASING CARD PROGRAM 15.79 DD12/7 ICSC CONFERENCE - TRANSPORTATIONUS BANK PURCHASING CARD PROGRAM 17.55 DD-12/6 ICSC CONF TRANSPORTATIONUS BANK PURCHASING CARD PROGRAM 12.74 DD-12/6 ICSC CONF TRANSPORTATIONUS BANK PURCHASING CARD PROGRAM 18.55 DD-12/5-12/7/21 ICSC CONF- HOTELUS BANK PURCHASING CARD PROGRAM 180.27 DD-12/5 ICSC CONF TRANSPORTATIONUS BANK PURCHASING CARD PROGRAM 32.51 DD-12/7 ICSC CONFERENCE - TRANSPORTATIONUS BANK PURCHASING CARD PROGRAM 28.61 DD-12/7 ICSC CONF-FOOD & BEVERAGEUS BANK PURCHASING CARD PROGRAM 291.75 DD-12/5-12/7 ICSC CONFERENCE-HOTELUS BANK PURCHASING CARD PROGRAM 264.17 DD-12/5-12/7/21 ICSC CONF- HOTELUS BANK PURCHASING CARD PROGRAM 180.27 DD12/6 ICSC CONFERENCE - TRANSPORTATIONUS BANK PURCHASING CARD PROGRAM 43.25 DD12/8 ICSC CONFERENCE - FOOD & BEVERAGEUS BANK PURCHASING CARD PROGRAM 54.96 DD-12/6 ICSC CONF-FOOD & BEVERAGEUS BANK PURCHASING CARD PROGRAM 38.51 DD12/6 ICSC CONFERENCE - FOOD & BEVERAGEUS BANK PURCHASING CARD PROGRAM 131.35 DD & CC-OCCMA DINNER-REGISCITY OF BREA 200.00
CITY MANAGER TOTAL: 1,317.20
ECONOMIC DEVELOPMENT
JAN'22-AVTC-STORAGE BIN RENTAL C-19-R2HAULAWAY STORAGE CONTAINERS INC 92.40 DEC'21-THE ROW REMOVAL-PVM SERVICEPV MAINTENANCE INC 7,507.00 JAN'22-BUSINESS OF THE MONTH-FARMERS MARKETERIC WINTER 679.80 DEC'21 TOWN CENTER TREE REMOVALNIEVES LANDSCAPE INC 2,500.00 ECONOMIC DEVELOPMENT TOTAL: 10,779.20
HUMAN RESOURCES
PC-2/2-2/4/22 LCW CONFERENCE - REGISTRATIONUS BANK PURCHASING CARD PROGRAM 620.00 26 Description (Item)Vendor Name Amount
PC-2/2-2/4/22 LCW CONFERENCE-AIRFAREUS BANK PURCHASING CARD PROGRAM 186.80 DEC'21-REC-M.LESTER &A.IVORY-SECURE LIVE SCAN FEESCHARLES C STILL 114.00 FY21-22 OC EMPLOYMENT RELATIONS MEMBERSHIPLIEBERT CASSIDY WHITMORE 3,645.00 HUMAN RESOURCES TOTAL: 4,565.80
CITY CLERK
FY21-22 RECORDS RETENTION LEGAL REVIEW UPDATEGLADWELL GOVERNMENTAL SERVICES INC 250.00 CC-OFFICE SUPPLIESSTAPLES ADVANTAGE 30.85
MO-OCCMA DINNER-REGISCITY OF BREA 100.00
MUNICIPAL CODE WEB UPDATE-ORD 21-222/223CODE PUBLISHING COMPANY 567.00 CITY CLERK TOTAL: 947.85
FINANCE
FEB'22 CALPERS ADMIN FEECALPERS HEALTH 73.62
FEB'22 CALPERS ADMIN FEECALPERS HEALTH 8.12
JAN'22-CH-CASH COURIER SERVICEGARDAWORLD 371.55
PC-12/9 CITY HOLIDAY LUNCH - BREAKROOM SUPPLIESUS BANK PURCHASING CARD PROGRAM 36.60 FIN-OFFICE SUPPLIESSTAPLES ADVANTAGE 45.21
FEB'22 ADMIN FEECHOICE BUILDER 35.00
FINANCE TOTAL: 570.10
INFORMATION TECHNOLOGY
12/19 -1/18/22 ACCT #9302-CH-IT SERVER ROOMCOX COMMUNICATIONS, INC 85.39 DEC'21-NETWORK SUPPORT & SECURITYNATHAN M KEETER 416.67 11/22-12/21/21 CREDIT-CH ELEVATORAT&T (206.91)
12/22-1/21/22-CH-ELEVATORAT&T 908.98
12/19-1/18/22-CH-AT&T-FIBER-INTERNETAT&T 1,115.89
GIS - SPATIALRECORD UTILITIESCORELOGIC, INC 1,267.56
JAN'22 OFFSITE BACKUP STORAGE SERVICE-ZERTOLUNAVI, INC 1,638.78 DEC'21 CH JIVE VOIP SERVICE & SUPPORTJIVE COMMUNICATIONS INC 1,840.44 INFORMATION TECHNOLOGY TOTAL: 7,066.80
NON-DEPARTMENTAL
JAN'22 RECORDS OFF SITE STORAGECERTIFIED RECORDS MANAGEMENT 367.75 LL-90 COVID-19 ANTIGEN RAPID TEST KITS-REIMBLEKKINA LONG 1,920.11 1/12-2/11/22 RICOH C5200S LEASERICOH USA 729.92
LL-11/30 COSTCO DELIVERYUS BANK PURCHASING CARD PROGRAM 305.28 LL-12/1 COSTCO DELIVERYUS BANK PURCHASING CARD PROGRAM 14.29 LL-12/2 CC MTG DINNER - PITA PITAUS BANK PURCHASING CARD PROGRAM 130.35 LL-12/9 CITY HOLIDAY LUNCH SUPPLIES-MARSHALLSUS BANK PURCHASING CARD PROGRAM 60.49 LL-12/9 CITY HOLIDAY LUNCH SUPPLIES- HOBBY LOBBYUS BANK PURCHASING CARD PROGRAM 30.05 LL-12/9 CITY HOLIDAY LUNCH SUPPLIES-COSTCOUS BANK PURCHASING CARD PROGRAM 60.23 PC-12/9 BREAKROOM SUPPLIES- LIGHTERUS BANK PURCHASING CARD PROGRAM 6.45 PC-12/9 CITY HOLIDAY LUNCH - BREAKROOM SUPPLIESUS BANK PURCHASING CARD PROGRAM 32.51 PC-12/9 CITY HOLIDAY LUNCH - BREAKROOM SUPPLIESUS BANK PURCHASING CARD PROGRAM 18.31 PC-12/9 CITY HOLIDAY LUNCH - DESSERTUS BANK PURCHASING CARD PROGRAM 30.74 PC-12/9 CITY HOLIDAY PARTY - GIVEAWAYSUS BANK PURCHASING CARD PROGRAM 270.62 PC-12/9 CITY HOLIDAY LUNCH - SUPPLIESUS BANK PURCHASING CARD PROGRAM 20.87 PC-12/9 CITY HOLIDAY LUNCH - SUPPLIESUS BANK PURCHASING CARD PROGRAM 20.87 PC-12/9 CITY HOLIDAY LUNCH - SUPPLIESUS BANK PURCHASING CARD PROGRAM 24.77 PC-REFUND-CITY HOLIDAY LUNCH SUPPLIESUS BANK PURCHASING CARD PROGRAM (38.75) PC-12/9 CITY HOLIDAY LUNCH - FOOD & BEVERAGEUS BANK PURCHASING CARD PROGRAM 183.18 PC-12/9 CITY HOLIDAY LUNCH - SUPPLIESUS BANK PURCHASING CARD PROGRAM 450.00 PC-12/9 CITY HOLIDAY LUNCH - DESSERTUS BANK PURCHASING CARD PROGRAM 59.00 PC-12/9 CITY HOLIDAY LUNCH - SUPPLIESUS BANK PURCHASING CARD PROGRAM 119.00 PC-12/9 CITY HOLIDAY LUNCH - DESSERTUS BANK PURCHASING CARD PROGRAM 100.00 PC-12/9 CITY HOLIDAY LUNCH - SUPPLIESUS BANK PURCHASING CARD PROGRAM 70.19 PC-12/9 CITY HOLIDAY PARTY - GIVEAWAYSUS BANK PURCHASING CARD PROGRAM 43.09 PC-12/9 CITY HOLIDAY LUNCH - DESSERTUS BANK PURCHASING CARD PROGRAM 49.98 PC-12/9 CITY HOLIDAY LUNCH - FOOD & BEVERAGEUS BANK PURCHASING CARD PROGRAM 1,255.25 DEC'21-CH-COFFEE/WATER FILTRATIONNESTLE WATERS NORTH AMERICA 25.23 JAN'22-CH-BOTTLED WATER SERVICEDS SERVICES OF AMERICA, INC 29.52 NOV'21 AV RANCH NOISE ASSESSMENT SRVURBAN CROSSROADS INC 3,500.00 DEC'21 AV RANCH NOISE ASSESSMENT SRVURBAN CROSSROADS INC 2,000.00 12/1-12/31/21 RICOH 2504EX FRONT COUNTER-COPIESRICOH USA 211.25 JAN'22 CH FIRST AID MAINTENANCECINTAS CORPORATION NO. 2 198.80 CEN-COPY&BREAK ROOM SUPPLIESSTAPLES ADVANTAGE 176.29
11/15-12/20/21 MTR#2206 VISTA PARK WATER SERVICEMOULTON NIGUEL WATER DIST 529.99 27 Description (Item)Vendor Name Amount
DEC'21-9.46HRS-PIO/MAYOR OUTREACH/CM MESSAGERK BRANDS, LLC 851.40 FEB'22 RENTAL STORAGE UNIT #519ALISO VIEJO SELF STORAGE 330.00 NON-DEPARTMENTAL TOTAL: 14,187.03
C. S. ADMINISTRATION
2021 HOLIDAY TREE REMOVAL SERVICEJONES FOREST PRODUCTS LLC 1,500.00 DEC'21 TREE LIGHTING EVT-PVM SUPPORT PO#5632PV MAINTENANCE INC 5,384.50 FEB'22-HW-HEALTH PREMIUMCALPERS HEALTH 149.00
FEB'22-DP-HEALTH PREMIUMCALPERS HEALTH 149.00
JB-X-MAS HATS-HOBBY LOBBYUS BANK PURCHASING CARD PROGRAM 21.44 JB-REFUND-TREE LIGHTING CRAFTS-MICHAELSUS BANK PURCHASING CARD PROGRAM (81.07) LM-12/2MTG WITH REC STAFF BEFORE TREE LIGHTING EVTUS BANK PURCHASING CARD PROGRAM 287.83 LM-CREDIT-TREE LIGHTING SUPPLIES-HOBBY LOBBYUS BANK PURCHASING CARD PROGRAM (19.36) NL-REFUND-BREAKFAST WITH SANTA EVT SUPPLIESUS BANK PURCHASING CARD PROGRAM (32.27) NL-BREAKFAST WITH SANTA EVT SUPPLIES-AMAZONUS BANK PURCHASING CARD PROGRAM 8.57 NL-BREAKFAST WITH SANTA EVT SUPPLIES-SMART& FINALUS BANK PURCHASING CARD PROGRAM 50.81 NL-REFUND BREAKFAST WITH SANTA EVT SUPPLIESUS BANK PURCHASING CARD PROGRAM (12.88) NL-BREAKFAST WITH SANTA EVT SUPPLIES-AMAZONUS BANK PURCHASING CARD PROGRAM 10.66 NL-BREAKFAST WITH SANTA EVT SUPPLIES-AMAZONUS BANK PURCHASING CARD PROGRAM 8.57 NL-TREE LIGHTING EVT SNACKS-SMART & FINALUS BANK PURCHASING CARD PROGRAM 70.67 NL-BREAKFAST WITH SANTA EVT SUPPLIES-AMAZONUS BANK PURCHASING CARD PROGRAM 28.73 NL-BREAKFAST WITH SANTA EVT-BAGELSUS BANK PURCHASING CARD PROGRAM 96.94 NL-BREAKFAST WITH SANTA EVT SUPPLIES-AMAZONUS BANK PURCHASING CARD PROGRAM 12.88 NL-EVENT SUPPLIES-AMAZONUS BANK PURCHASING CARD PROGRAM 23.69 NL-EVENT SUPPLIES-AMAZONUS BANK PURCHASING CARD PROGRAM 15.61 SMP-DEC'21-26 TRIPS-TRANSPORTATION SRVCABCO YELLOW INC 78.00 DEPOSIT-MOVIE NIGHT SERVICESSCOTT WAYNE BAKER 875.00
FY21-22-YOUTH GRANT-FRIENDS OF THE AV LIBRARYFRIENDS OF THE ALISO VIEJO LIBRARY 4,500.00 FY21-22 COMMUNITY ASSISTANCE GRANT-LAGUNA CANYONLAGUNA CANYON FOUNDATION 1,000.00 C. S. ADMINISTRATION TOTAL: 14,126.32
IGLESIA PARK
DEC'21 IGLESIA PARK MAINTENANCEPV MAINTENANCE INC 1,084.21 DEC'21 ACCT#7997 IGLESIA PARK ELECTRICITYSO CAL EDISON 244.80 IGLESIA PARK TOTAL: 1,329.01
IGLESIA BUILDING
NOV'21-IPCC-ACCESS CONTROL SERVICESONITROL ORANGE COUNTY LLC 94.50 DEC'21-IPCC-ACCESS CONTROL SERVICESONITROL ORANGE COUNTY LLC 94.50 JAN'22-IPCC-ACCESS CONTROL SERVICESONITROL ORANGE COUNTY LLC 94.50 JAN'22 IPCC-PEST CONTROL SERVICECTJAMJT CORP. 95.00
DEC'21-IPCC-18 VISITS PATROL SERVICETMR SECURITY & PATROL SERVICES INC 190.00 DEC'21 ACCT#7997 IGLESIA BLDG ELECTRICITYSO CAL EDISON 962.78 IGLESIA BUILDING TOTAL: 1,531.28
PLANNING
FEB'22-MF-HEALTH PREMIUMCALPERS HEALTH 149.00
PLANNING TOTAL: 149.00
BUILDING
NOV'21 CAA BUILDING SERVICESCHARLES ABBOTT ASSOC INC 37,196.35 BUILDING TOTAL: 37,196.35
CODE ENFORCEMENT
NOV'21 CAA CODE ENFORCEMENTCHARLES ABBOTT ASSOC INC 7,469.06 CODE ENFORCEMENT TOTAL: 7,469.06
ENGINEERING (GENERAL)
FY21-22 ANNUAL NPDES PERMIT FEESTATE WATER RESOURCES CONTROL BOARD 25,000.00 FY21-22 ANNUAL NPDES PERMIT FEESTATE WATER RESOURCES CONTROL BOARD 1,498.00 JAN'22 PUBLIC WORKS WAREHOUSE LEASEPV MAINTENANCE INC 1,035.00 LM-AV RANCH CPRS AWARD NOMINATIONUS BANK PURCHASING CARD PROGRAM 70.00 DEC'21 FIBER MASTER PLANENGINEERING RESOURCES OF SOUTHERN CALIFORNIA 5,775.00 NOV'21 CAA NPDES COSTSCHARLES ABBOTT ASSOC INC 22,049.49 NOV'21 CAA SOLID WASTECHARLES ABBOTT ASSOC INC 2,090.22 NOV'21 CAA PW ENGINEERING-ADMINCHARLES ABBOTT ASSOC INC 344.25 FY21-22 SOUTH COUNTY CO-OP WATERSHED ARGMTCOUNTY OF ORANGE 3,369.59 ENGINEERING (GENERAL) TOTAL: 61,231.55
28 Description (Item)Vendor Name Amount
STREET MAINTENANCE
DEC'21 STREET MAINTENANCE (45%)PV MAINTENANCE INC 23,166.46 NOV'21 CAA STREET MAINTENANCECHARLES ABBOTT ASSOC INC 21,909.39 NOV'21 CAA ENCROACHMENT PERMITSCHARLES ABBOTT ASSOC INC 427.79 STREET MAINTENANCE TOTAL: 45,503.64
LAW ENFORCEMENT-OTHER
LE-NAME PLATES FOR NEW SGT & DEPUTIESJ&M TROPHIES INC 73.54 12/12-12/25/21 184HRS SCHOOL CROSSING GUARD SRVALL CITY MANAGEMENT SERVICES 4,660.72 LAW ENFORCEMENT-OTHER TOTAL: 4,734.26
CRIME PREVENTION
FEB-JUN'22 RENTAL STORAGE UNIT#75ALISO VIEJO SELF STORAGE 2,025.00 CRIME PREVENTION TOTAL: 2,025.00
GENERAL FUND TOTAL: 255,866.12
102 - GEN. FD-CITY HALL
NON-DEPARTMENTAL
DEC'21 ACCT#7189 CITY HALL ELECTRICITYSO CAL EDISON 4,614.45 12/3-1/4/22 MTR#6544 CITY HALL GAS SERVICETHE GAS COMPANY 931.06 NOV'21 CH-INTRUSION DECTECTIONSONITROL ORANGE COUNTY LLC 196.51 NOV'21 CH -ACCESS CONTROL SERVICESONITROL ORANGE COUNTY LLC 551.22 DEC'21 CH-INTRUSION DECTECTIONSONITROL ORANGE COUNTY LLC 196.51 DEC'21 CH -ACCESS CONTROL SERVICESONITROL ORANGE COUNTY LLC 551.22 JAN'22 CH -ACCESS CONTROL SERVICESONITROL ORANGE COUNTY LLC 551.22 JAN'22 CH-INTRUSION DECTECTIONSONITROL ORANGE COUNTY LLC 196.51 JAN'22 CH- PEST CONTROL SERVICECTJAMJT CORP. 100.00
JAN'22 CH-ELEVATOR MAINTENANCETHURSTON ELEVATOR CONCEPTS INC 131.00 11/15-12/20/21 MTR#8510 CITY HALL WATER SRVMOULTON NIGUEL WATER DIST 194.44 11/15-12/20/21 MTR#6010 CITY HALL WATER SRVMOULTON NIGUEL WATER DIST 158.50 11/15-12/20/21 MTR#7051 CITY HALL WATER SRVMOULTON NIGUEL WATER DIST 281.54 NON-DEPARTMENTAL TOTAL: 8,654.18
GEN. FD-CITY HALL TOTAL: 8,654.18
103 - GF-AV RECREATION SERVICES
RECREATION SERVICES
9/30 AVR TABLE CLOTH CLEANING SERVICEPRESS-TIGE ENTERPRISES INC 328.86 9/30 AVR TABLE CLOTH CLEANING SERVICEPRESS-TIGE ENTERPRISES INC 396.90 CREDIT-INV#10-042101-DUPLICATE PMTPRESS-TIGE ENTERPRISES INC (68.80) JAN'22-AVR-CASH COURIER SERVICEGARDAWORLD 371.54
DEC'21 AV RANCH JANITORIAL SERVICETEAM ONE MANAGEMENT SERVICES 5,930.00 JB-STORAGE SHELF-HOME DEPOUS BANK PURCHASING CARD PROGRAM 86.18 NL-12/6 USPS SUPPLIESUS BANK PURCHASING CARD PROGRAM 5.34 11/21 AVR TABLE CLOTH CLEANING SERVICEPRESS-TIGE ENTERPRISES INC 170.10 NOV'21-AVR-ACCESS CONTROL SERVICESONITROL ORANGE COUNTY LLC 454.00 NOV'21 AV & AQ CTR- ACCESS CONTROL SERVICESONITROL ORANGE COUNTY LLC 108.15 DEC'21 AV & AQ CTR- ACCESS CONTROL SERVICESONITROL ORANGE COUNTY LLC 108.15 DEC'21-AVR-ACCESS CONTROL SERVICESONITROL ORANGE COUNTY LLC 454.00 JAN'22-AVR-ACCESS CONTROL SERVICESONITROL ORANGE COUNTY LLC 454.00 JAN'22 AV & AQ CTR- ACCESS CONTROL SERVICESONITROL ORANGE COUNTY LLC 108.15 10/3-10/24/21-AVMS FACILITY PERMIT#11944AV CLASSESCAPISTRANO UNIFIED SCHOOL DISTRICT 9.00 9/12-10/31/21-CANYON VISTA FACILITY PERMIT#11955CAPISTRANO UNIFIED SCHOOL DISTRICT 209.79 9/5-11/28/21-AVMS FACILITY PERMIT#11946CAPISTRANO UNIFIED SCHOOL DISTRICT 40.56 8/22-11/21/21-AVMS FACILITY PERMIT#11954CAPISTRANO UNIFIED SCHOOL DISTRICT 83.02 9/18-12/11/21-AVMS FACILITY PERMIT#11952CAPISTRANO UNIFIED SCHOOL DISTRICT 519.48 10/30-12/4/21-AVMS FACILITY PERMIT#11942CAPISTRANO UNIFIED SCHOOL DISTRICT 24.40 DEC'21-68HRS SECURITY SRV-FACILITY RESERVATIONLYONS SECURITY SERVICE IN 1,774.80 JAN-MAR'22 AVR- HVAC QUARTERLY MAINTHARBOR POINTE AIR CONDITIONING & CONTROL SYSTEMS, INC 2,938.09 JAN'22-AVR-DOOR SWITCH INSTALLATIONHARBOR POINTE AIR CONDITIONING & CONTROL SYSTEMS, INC 388.74 10/1-12/31/21 RICOH C2500 AVR-COPIESRICOH USA 507.38
1/1 -1/31/22-AVR COPIER SUBSCRIPTIONRICOH USA 21.00
JAN'22 AVR FIRST AID MAINTENANCECINTAS CORPORATION NO. 2 192.42 DEC'21-AVR-RAINWATER TRENCHES SRVNIEVES LANDSCAPE INC 172.00 AVR-OFFICE SUPPLIESSTAPLES ADVANTAGE 51.71
11/15-12/20/21 MTR #0819 AV RANCH WATER SRVMOULTON NIGUEL WATER DIST 1,703.41 29 Description (Item)Vendor Name Amount
11/22-12/27/21 MTR#1100 AV RANCH WATER SRVMOULTON NIGUEL WATER DIST 139.28 11/15-12/20/21 MTR#5356 AV RANCH WATER SRVMOULTON NIGUEL WATER DIST 281.54 11/15-12/20/21 MTR#7892/6534 AV RANCH WATER SRVMOULTON NIGUEL WATER DIST 551.42 11/22-12/27/21 MTR #0958 AV RANCH WATER SERVICEMOULTON NIGUEL WATER DIST 119.72 11/15-12/20/21 MTR #0973 AV RANCH WATER SERVICEMOULTON NIGUEL WATER DIST 86.28 DEC'21 ACCT#4551 THE FARM ELECTRICITYSO CAL EDISON 496.62 DEC'21 ACCT#6247 AV RANCH TRACKED CHARGESSO CAL EDISON 918.16 DEC'21 ACCT#6247 AV RANCH ELECTRICITYSO CAL EDISON 2,456.24 DEC'21 AVR JIVE VOIP SERVICE & SUPPORTJIVE COMMUNICATIONS INC 613.86 RECREATION SERVICES TOTAL: 23,205.49
GF-AV RECREATION SERVICES TOTAL: 23,205.49
203 - GAS TAX
STREET MAINTENANCE
11/22-12/27/21 MTR #2066 MEDIANS WATER SRVMOULTON NIGUEL WATER DIST 73.60 DEC'21 STREET MAINTENANCE (GAS 55%)PV MAINTENANCE INC 28,314.57 JAN'22 DIGALERT DATABASE MAINT & 17 TICKETSUNDERGROUND SERVICE ALERT OF SOUTHERN CA 38.05 DEC'21 TRAFFIC SIGNAL MONITORING-RESPONSEBEAR ELECTRICAL SOLUTIONS INC 3,127.00 DEC'21 TRAFFIC SIGNAL MONITORING-ROUTINEBEAR ELECTRICAL SOLUTIONS INC 3,162.60 DEC'21 STREET SWEEPING SERVICESR F DICKSON CO INC 8,668.66 11/22-12/27/21 MTR #4551 MEDIANS WATER SRVMOULTON NIGUEL WATER DIST 101.79 11/22-12/27/21 MTR#6544 MEDIANS WATER SRVMOULTON NIGUEL WATER DIST 103.00 DEC'21 GS1 MEDIANS ELECTRICITYSO CAL EDISON 75.39
DEC'21 STREET LIGHTS LS2 ELECTRICITYSO CAL EDISON 1,086.15 DEC'21 STREET LIGHTS LS1 ELECTRICITYSO CAL EDISON 15,258.54 DEC'21 STREET LIGHTS TC1 ELECTRICITYSO CAL EDISON 3,063.56 STREET MAINTENANCE TOTAL: 63,072.91
GAS TAX TOTAL: 63,072.91
204 - MEASURE M
GEN-MEASURE M
SMP-M2 FUND-DEC'21-26 TRIPS-TRANSPORTATION SRVCABCO YELLOW INC 312.00 GEN-MEASURE M TOTAL: 312.00
MEASURE M TOTAL: 312.00
241 - TECHNOLOGY FUND
GEN-TECHNOLOGY GRANTS
DEC'21 CC MTG & AV SITE VISITSERIC WINTER 530.00
AVR DIGITAL SIGNAGE SUBSCRIPTIONREACH SPORTS MARKETING GROUP 425.00 GEN-TECHNOLOGY GRANTS TOTAL: 955.00
TECHNOLOGY FUND TOTAL: 955.00
261 - CITY FAC.-AQUATIC CENTER
GEN-AQUATIC CENTER
12/19-1/18/22 ACCT #6701-AQ CTR-INTERNETCOX COMMUNICATIONS, INC 495.76 DEC'21 AQ CTR MAINTENANCEPV MAINTENANCE INC 193.00
JAN'22-AQ CTR-CASH COURIER SERVICEGARDAWORLD 371.54
12/6-1/5/22 MTR#2349 AQ CTR GAS SERVICETHE GAS COMPANY 3,579.51 JAN-MAR'22-AQ CTR- FIRE ALARM MONITORINGALARM CONNECTIONS, LLC 152.88 AQ CTR-OFFICE SUPPLIESSTAPLES ADVANTAGE 110.08
11/15-12/20/21 MTR #6054 AQ CTR WATER SERVICEMOULTON NIGUEL WATER DIST 361.87 11/15-12/20/21 MTR#2996 AQ CTR WATER SRVMOULTON NIGUEL WATER DIST 195.51 AUG'21 AQ CTR-POOL CHEMICALSTHE ILLINI COMPANIES, INC 1,555.88 OCT-DEC'21-AQ CTR-MTR#4987 ELECTRICITYALISO VIEJO BANQUET CENTER LLC 3,791.60 DEC'21 AQ CTR-MONTHLY POOL MAINTENANCEKNORR SYSTEMS INC 1,792.64 GEN-AQUATIC CENTER TOTAL: 12,600.27
CITY FAC.-AQUATIC CENTER TOTAL: 12,600.27
311 - STREET IMPROVEMENTS
NOV'21 #133 SLURRY SEAL RETENTIONALL AMERICAN ASPHALT (5,992.50) -5,992.50
30 Description (Item)Vendor Name Amount
STREETS & HIGHWAYS
NOV'21 #133 SLURRY SEALALL AMERICAN ASPHALT 119,850.00
NOV'21 CREDIT MEMO - SLURRY SEAL REVISIONALL AMERICAN ASPHALT (34.49) DEC'21 #096 ALISO CREEK REHAB DESIGNENGINEERING RESOURCES OF SOUTHERN CALIFORNIA 3,450.00 STREETS & HIGHWAYS TOTAL: 123,265.51
STREET IMPROVEMENTS TOTAL: 117,273.01
331 - CAPITAL IMPROVEMENTS
CAPITAL IMPROVEMENTS
DEC'21 #049 AVR TENT SHED SANDBAGGINGPV MAINTENANCE INC 1,299.48 CAPITAL IMPROVEMENTS TOTAL: 1,299.48
CAPITAL IMPROVEMENTS TOTAL: 1,299.48
741 - RENEWABLE FARMS
DEC'21 RENEWABLE FARMS-RETENTION PAYMENTAARON FLORA (2,418.50) DEC'21 RENEWABLE FARMS-PAYMENTAARON FLORA 24,185.00
21,766.50
RENEWABLE FARMS TOTAL: 21,766.50
GRAND TOTAL: 505,004.96
31 City of Aliso Viejo
AGENDA ITEM
DATE: February 16, 2022
TO: Mayor and City Council
FROM: Sheryl Mariano, Accounting Supervisor
SUBJECT: TREASURER’S STATEMENTS – NOVEMBER AND DECEMBER 2021 Recommended Action:
Approve November and December 2021 Treasurer’s Statements.
Fiscal Impact:
No Fiscal Impact
Background:
Per City policy, the Finance Department presents the monthly Treasurer’s Statement for the City Council’s review and approval. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments.
Discussion:
The City’s portfolio consists of investments in Certificates of Deposits (CD), Medium Term Notes, US Treasury bonds, Federal Agency (Government Sponsored Enterprises (GSE)) bonds, Corporate Notes (CN), and Local Agency Investment Fund (LAIF). All funds invested with LAIF are available for withdrawal within 24 hours.
With Proposition 1A, the State does not have the ability to borrow from funds invested in LAIF. CD’s are insured by Federal Deposit Insurance Corporation (FDIC). FDIC is an independent agency created by Congress in 1933 to supervise banks, insure deposits, and help maintain a stable and sound banking system. Investments in agencies are backed by the implied guarantee of the U.S. government. All CN’s purchased are rated “AA” or better by a nationally recognized rating agency.
Interest is credited to the City’s bank account on a monthly basis. All deposits in excess of FDIC insurance limits are collateralized by the financial institution in accordance with government codes.
32
Fund transfers for capital projects and reimbursement of fiscal charges for the CFD 2005- 01 are completed on a quarterly basis. Street improvements include payments for the Pacific Park Rehabilitation & Slurry Seal projects and are funded with Measure M and SB 1 funds. COP Capital provides funding for the AV Ranch project and is funded by Bond proceeds, General fund and Development Impact funds.
Attachments:
1. Nov’21 Treasurer’s Statement
2. Dec’21 Treasurer’s Statement
33 TREASURER'S MONTHLY CASH STATEMENT
BEGINNING TRANSFERS ENDING
BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE
GENERAL FUND 9,178,748.07 $ 2,131,246.84 $ 1,770,301.01 $ - $ 9,539,693.90$ TCRF 89,428.86 $ - 89,428.86 GAS TAX FUND 797,059.70 $ 190,664.72 74,486.11 - 913,238.31 MEASURE M 662,906.64 $ 174,632.27 - - 837,538.91 SB1-RMRA 48,310.42 $ 82,583.32 - 130,893.74 PUBLIC SAFETY GRANTS 144,000.82 $ 19,319.67 11,205.23 152,115.26 (1) AIR QUALITY IMPRVMNT FD 1,016,714.86$ - 1,016,714.86 INTEGRATED WASTE MGMT FD 17,462.38$ - 3,973.45 13,488.93 OTHER GRANTS (38,332.68)$ (38,332.68)
TECHNOLOGY GRANT 142,855.06 $ 23,894.78 1,207.00 165,542.84 DEVELOPMENT IMPACT 1,410,622.33 $ 1,410,622.33
FEDERAL GRANTS 2,846,994.11 $ - - 2,846,994.11 CITY FACILITY - AV CTR 179,758.92 $ 179,758.92 CITY FACILITY - AQUATIC CTR 98,437.05$ 38,422.40 107,746.12 29,113.33 STREET IMPROVEMENTS 54,987.65 $ - 68,902.23 - (13,914.58) (2) CAPITAL IMPROVEMENTS (1,466.69)$ - 87,681.37 - (89,148.06) (2) STORM WATER (13,367.50)$ 370.00 - (13,737.50) (2) COP CAPITAL - $ - (2)
COP (4,959.40)$ - - (4,959.40) AV RANCH FOUNDATION - $ -
CFD 2005-01 (2,604.68)$ 418,906.28 419,155.41 (2,853.81) RENEWABLE FARMS 44,473.00 $ 36,705.00 - 81,178.00 COMMUNITY TRUST 10,609.68 $ 10,609.68
TOTALS 16,682,638.60 $ 3,116,375.28 $ 2,545,027.93 $ - $ 17,253,985.95$ SUMMARY OF CASH:
DEMAND DEPOSITS: GENERAL ACCOUNT 7,692,922.53 $
SAVINGS ACCOUNT: MONEY MARKET 25,690.86 $
INVESTMENTS: LOCAL AGENCY INVESTMENT FD 9,535,372.56 $
TOTAL CASH 17,253,985.95 $
Years to Maturity for November 2021 1.24
Weighted Average Yield for November 2021 0.930%
All investments are placed in accordance with the City of Aliso Viejo's Investment Policy.
The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures.
Other monies held include Cash with Fiscal Agent, Investments, Payroll and AV Center. 18,152,068.22$
Cash With Fiscal Agent COPS/CFD 2005-01 3,560,660.80
Cash With Investment Advisor City Investments 13,107,007.70 AV Center 1,209,013.34
PR Account 272,196.38
Petty Cash 3,190.00
GRAND TOTAL OF CITY FUNDS 35,406,054.17 $
(1) Public Safety Grant includes the MDC and PVS Program Costs budgeted with SLESF funds. (2) Transfers in and out are done on a quarterly basis.
Street Improvements include the Slurry Seal, Traffic Management and Street Improvement Projects.
Capital Improvements include park and AV Ranch improvement projects.
Storm Water includes the Dairy Fork and Wood Canyon Emergent Wetland Project. (3) % of portfolio is based of investments & includes LAIF Sheryl Mariano, Accounting Supervisor
CITY OF ALISO VIEJO
November 30, 2021
34 Investment Type Original
Cost
Par
Value
Market
Value *
% of
Portfolio
Federal Agency Coupon Securities $ 3,743,366 $ 3,735,000 $ 3,755,864 16.53% LAIF $ 9,535,373 $ 9,535,373 $ 9,535,373 42.11%
Medium Term Notes $ 2,000,620 $ 2,000,000 $ 2,049,484 8.84% FDIC CDs $ 6,364,897 $ 6,370,000 $ 6,512,383 28.11%
Treasury Coupon Securities $ 998,125 $ 1,000,000 $ 1,016,035 4.41% Portfolio: $ 22,642,380 $ 22,640,373 $ 22,869,138 100.00% Years To Maturity 1.24
Weighted Average Yield 0.930%
*Market Values obtained from US Bank Treasury Division
City of Aliso Viejo
Portfolio Summay
As of 11/30/2021
35 YTM
365Par Value Book Value
Maturity
Date
Stated
RateMarket Value
November 30, 2021
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
City of Aliso Viejo
Days to
MaturityMoody'sCUSIP Investment #
Purchase
Date
LAIF
0%-*
9,535,372.569,535,372.569,535,372.569,535,372.56Subtotal and Average 0.203 1 Medium Term Notes
%TTPI
%E
(1
1MGVSWSJX
%EE
&5
2I[=SVO0MJI
%EE
;(0
)\\SR
%E+&'
2,000,620.002,049,484.002,000,000.002,000,620.00Subtotal and Average 1.935 941 Federal Agency Coupon Securities
*IHIVEP*EVQ'VIHMX&ERO
%EE)0'4
*IHIVEP*EVQ'VIHMX&ERO
%EE)0(9
*IHIVEP*EVQ'VIHMX&ERO
%EE)02)
*IHIVEP*EVQ'VIHMX&ERO
%EE)0>*
*IHIVEP*EVQ'VIHMX&ERO
%EE)0+
*IHIVEP,SQI0SER&ERO
%EE%:'
*IHIVEP,SQI0SER&ERO
%EE%.)
*IHIVEP,SQI0SER1XK'SVT
%EE)%)<
3,743,366.053,755,863.903,735,000.003,743,366.05Subtotal and Average 1.058 692 Treasury Coupon Securities
978VIEWYV]
%EE
8
978VIEWYV]
%EE
=*
998,125.001,016,035.001,000,000.00998,125.00Subtotal and Average 1.634 494 FDIC CDs
%PP]&ERO +.<
&1;&ERO
%79
%\SW&ERO
(%/
'ETMXEP3RI97%&ERO 8%2
'ETMXEP3RI97%&ERO
64+
'IPXMG&ERO
69:
'IRXIVWXEXI&ERO
5(*
36 YTM
365Par Value Book Value
Maturity
Date
Stated
RateMarket Value
November 30, 2021
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
City of Aliso Viejo
Days to
MaturityMoody'sCUSIP Investment #
Purchase
Date
FDIC CDs
)EKPI&ERO
=)<
)RIVFERO97%
8/+
*PEKWXEV&ERO
).
*MVWX2EXMSREP&EROSJ%QIVMGE
=47
+SPHQER7EGLW&ERO
1=&
0MZI3EO&EROMRK
.2
1IHEPPMSR&ERO
(+9
1IVVMGO&ERO
/05
1SVKER7XERPI]&ERO2%
99.
1SVKER7XERPI]4ZX&ERO
%*
&EROSJ-RHME
69
7EPPMI1EI&ERO
;
7]RSZYW&ERO
(65
7YQQMX7XEXI&ERO
(4
7]RGLVSR]&ERO
;=;
8S[RIFERO
4'5
8S]SXE*MRERGMEP
1.7
9&7&ERO
.6
;IPPW*EVKS&ERO;IWX
%%
6,364,896.656,512,382.836,370,000.006,593,563.32Subtotal and Average 1.519 833 22,871,046.93 22,640,372.56 0.930 45422,869,138.29 22,642,380.26Total and Average 37 City of Aliso Viejo
Transaction Activity Report
November 1, 2021 - November 30, 2021
Sorted by Fund - Transaction Date
All Funds
Total
CashInterest
Principal
Paydowns
New
PrincipalFundInvestment # IssuerTransactionDateTransactionTypeInv DescripCUSIP
4,062.50978VIEWYV]-RXIVIWX9786 1%8
8
343.340MZI3EO&EROMRK-RXIVIWX0-:3%/ 1%8 .2
110.751IVVMGO&ERO-RXIVIWX1)66-' 1%8 /05
1,474.031IHEPPMSR&ERO-RXIVIWX1)(&2/ 1%8 (+9
1,474.03'IRXIVWXEXI&ERO-RXIVIWX'8678) 1%85(*
197.689&7&ERO-RXIVIWX9&7
1%8
.6
374.55;IPPW*EVKS&ERO-RXIVIWX;*'
1%8
%%
675.00*IHIVEP*EVQ'VIHMX-RXIVIWX**'& 1%8)0>*
1,111.56*PEKWXEV&ERO-RXIVIWX*0%+ 1%8
).
1,049.817YQQMX7XEXI&ERO-RXIVIWX7911
1%8
(4
291.32'IPXMG&ERO-RXIVIWX')08-' 1%8 69:
3,025.92'ETMXEP3RI97%-RXIVIWX'%432) 1%88%2
322.53)EKPI&ERO-RXIVIWX)+&2 1%8=)<
260.10*MVWX2EXMSREP&ERO-RXIVIWX*2%1)6 1%8=47
3,025.92%PP]&ERO-RXIVIWX%00= 1%8+.<
3,025.927]RGLVSR]&ERO-RXIVIWX7=2' 1%8 ;=;
343.34%\SW&ERO-RXIVIWX&3*- 1%8(%/
245,000.00(MWGSZIV&ERO
6IHIQTXMSR(-7' 1%8<0
4,013.97(MWGSZIV&ERO
-RXIVIWX(-7' 1%8<0
2,470.14&EROSJ-RHME
-RXIVIWX7&--2 1%8
69
114.451IVVMGO&ERO-RXIVIWX1)66-' 1%8 /05
Totals for Pooled Cash 245,000.00 27,766.86 272,766.86
Grand Total 245,000.00 27,766.86 272,766.86
4SVXJSPMS'%:.
''
6YR(EXI
8%
46*C8%
6ITSVX:IV
28 38
39 Nov 0.20 3
Oct 0.20 3
Sep 0.206
PMIA Quarter to Date(1): 0.22%
321PMIA Average Life(1):
0.24LAIF Apportionment Rate(2):
0.00000661958813242
0.999873661
LAIF Earnings Ratio(2):
LAIF Fair Value Factor(1):
PMIA Daily(1): 0.20%
Treasuries
66.39%
Agencies
16.58%
Certificates of
Deposit/Bank Notes
7.90%
Time
Deposits
2.21%
Commercial
Paper
6.35%
Corporate
Bonds
0.16%
Loans
0.41%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a).
Source:
(1) State of California, Office of the Treasurer
(2) State of Calfiornia, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 12/10/21
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 09/30/21
Chart does not include $7,037,000.00 in mortgages, which equates to 0.003941%. Percentages may not total 100% due to rounding.
Pooled Money Investment Account
Monthly Portfolio Composition (1)
11/30/21
$178.6 billion
40 TREASURER'S MONTHLY CASH STATEMENT
BEGINNING TRANSFERS ENDING
BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE
GENERAL FUND 9,539,693.90 $ 2,120,672.04 $ 1,724,123.5 8$ (46,167.31)$ 9,890,075.05$ TCRF 89,428.86 $ 363.73 89,792.59 GAS TAX FUND 913,238.31 $ 94,690.03 77,593.11 (27,536.50) 902,798.73 MEASURE M 837,538.91 $ 3,007.21 (65,139.45) 775,406.67 SB1-RMRA 130,893.74$ 79,990.69 - 210,884.43 PUBLIC SAFETY GRANTS 152,115.26 $ 18,370.49 15,617.42 154,868.33 (1) AIR QUALITY IMPRVMNT FD 1,016,714.86$ 20,513.68 1,037,228.54 INTEGRATED WASTE MGMT FD 13,488.93$ 62.94 - 13,551.87 OTHER GRANTS (38,332.68)$ - (79,252.37) (117,585.05) TECHNOLOGY GRANT 165,542.84 $ 627.77 1,011.00 165,159.61 DEVELOPMENT IMPACT 1,410,622.33 $ 1,410,622.33
FEDERAL GRANTS 2,846,994.11 $ 11,587.29 (261.00) 2,858,320.40 CITY FACILITY - AV CTR 179,758.92$ 179,758.92 CITY FACILITY - AQUATIC CTR 29,113.33$ 52,573.73 77,368.77 4,318.29 STREET IMPROVEMENTS (13,914.58)$ - 9,347.00 92,675.95 69,414.37 (2) CAPITAL IMPROVEMENTS (89,148.06)$ - 11,378.12 100,526.18 - (2) STORM WATER (13,737.50)$ 11,417.00 25,154.50 - (2) COP CAPITAL - $ - (2)
COP (4,959.40)$ - - (4,959.40) AV RANCH FOUNDATION - $ -
CFD 2005-01 (2,853.81)$ 706,276.06 706,416.06 (2,993.81) RENEWABLE FARMS 81,178.00 $ 31,236.30 69,883.00 42,531.30 COMMUNITY TRUST 10,609.68$ 10,609.68
TOTALS 17,253,985.95 $ 3,139,971.96 $ 2,704,155.06 $ - $ 17,689,802.85$ SUMMARY OF CASH:
DEMAND DEPOSITS: GENERAL ACCOUNT 6,128,739.21 $
SAVINGS ACCOUNT: MONEY MARKE T 25,691.08$
INVESTMENTS: LOCAL AGENCY INVESTMENT FD 11,535,372.56 $ TOTAL CASH 17,689,802.8 5$
Years to Maturity for December 2021 1.12
Weighted Average Yield for December 2021 0.860%
All investments are placed in accordance with the City of Aliso Viejo's Investment Policy.
The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures.
Other monies held include Cash with Fiscal Agent, Investments, Payroll and AV Center. 18,444,745.57$
Cash With Fiscal Agent COPS/CFD 2005-01 4,266,940.16
Cash With Investment Advisor City Investments 12,606,262.70 AV Center 1,254,088.73
PR Account 314,453.98
Petty Cash 3,000.00
GRAND TOTAL OF CITY FUNDS 36,134,548.42 $
(1) Public Safety Grant includes the MDC and PVS Program Costs budgeted with SLESF funds (2) Transfers in and out are done on a quarterly basis.
Street Improvements include the Slurry Seal, Traffic Management and Street Improvement Projects Capital Improvements include park and AV Ranch improvement projects.
Storm Water includes the Dairy Fork and Wood Canyon Emergent Wetland Project. (3) % of portfolio is based of investments & includes LAIF Sheryl Mariano, Accounting Supervisor
CITY OF ALISO VIEJO
December 31, 2021
41 Investment Type Original
Cost
Par
Value
Market
Value *
% of
Portfolio
Federal Agency Coupon Securities $ 3,242,621 $ 3,235,000 $ 3,253,002 13.43% LAIF $ 11,535,373 $ 11,535,37 3 $ 11,535,373 47.78%
Medium Term Notes $ 2,000,620 $ 2,000,000 $ 2,043,890 8.29% FDIC CDs $ 6,364,897 $ 6,370,000 $ 6,429,297 26.36%
Treasury Coupon Securities $ 998,125 $ 1,000,000 $ 1,012,871 4.13% Portfolio: $ 24,141,635 $ 24,140,373 $ 24,274,433 100.00% Years To Maturity 1.12
Weighted Average Yield 0.860%
*Market Values obtained from US Bank Treasury Division
City of Aliso Viejo
Portfolio Summay
As of 12/31/2021
42 43
44 45
46 47
Dec 0.212
Nov 0.20 3
Oct 0.20 3
0.00000625812849570
0.997439120
LAIF Earnings Ratio(2):
LAIF Fair Value Factor(1):
PMIA Daily(1): 0.22%
0.23LAIF Apportionment Rate(2):
PMIA Quarter to Date(1): 0.21%
340PMIA Average Life(1):
Treasuries
65.40%
Agencies
18.20%
Certificates of
Deposit/Bank Notes
7.39%
Time
Deposits
2.10%
Commercial
Paper
6.33%
Corporate
Bonds
0.17%
Loans
0.41%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a).
Source:
(1) State of California, Office of the Treasurer
(2) State of Calfiornia, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 01/13/22
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 12/31/21
Chart does not include $6,716,000.00 in mortgages, which equates to 0.001%. Percentages may not total 100% due to rounding.
Pooled Money Investment Account
Monthly Portfolio Composition (1)
12/31/21
$181.4 billion
48 City of Aliso Viejo
AGENDA ITEM
DATE: February 16, 2022
TO: Mayor and City Council
FROM: Shaun Pelletier, City Engineer
SUBJECT: AGREEMENT WITH PEAK LIGHTING AND ELECTRIC, INC. FOR
INTERIOR AND EXTERIOR LIGHTING MAINTENANCE SERVICES
______________________________________________________________________ Recommended Actions:
1. Approve Professional Services Agreement with Peak Lighting and Electric, Inc. to perform Interior and Exterior Lighting Maintenance Services; and
2. Authorize the City Manager to execute the agreement with Peak Lighting and Electric, Inc. for an amount not to exceed $75,000.
Fiscal Impact:
The contractor fee for this work is estimated to be a total of $75,000 through the initial agreement period through June 30, 2025 including a contingency for extra work and for unforeseen lighting repairs. Lighting maintenance is funded through the General Fund and the Aquatic/Aliso Viejo Center Funds. Sufficient funding is included in the FY 2021- 22 Budget.
Background:
The City currently owns and maintains six (6) City facilities requiring lighting maintenance services: Aliso Viejo Center, Aquatic Center, Iglesia Park/Community Center, City Hall, Vista Park, and Aliso Viejo Ranch.
Staff issued a Request for Proposals (RFP) for Interior and Exterior Lighting Maintenance Services on September 10, 2021. The RFPs were advertised on the City website. On October 14, 2021 staff received three proposals for this service from Peak Lighting and Electric, Baker Electric, and AMTEK. Staff reviewed the proposals for completeness, understanding of the work, work plan, references, capabilities of the company, and fee.
Discussion:
Rankings based upon the required criteria are as follows:
49
1. Peak Lighting and Electric
2. Baker Electric
3. AMTEK
Staff recommends Peak Lighting and Electric to continue performing the Interior and Exterior Lighting Maintenance Services for the City. They have provided acceptable service during the past and continue to work in neighboring cities and local associations.
Their proposal addressed the specific tasks required in the scope of services. Peak Lighting and Electric is headquartered in Orange.
Peak Lighting and Electric will continue to provide the requested services at Aliso Viejo Center, Aquatic Center, Iglesia Park/Community Center, City Hall, Vista Park, and Aliso Viejo Ranch for approximately $11,000 total per year. Additional costs beyond preventive maintenance will be authorized by City staff prior to commencing the work. The initial term of the agreement will be from February 16, 2022 through June 30, 2025. The City has the option to renew the agreement for two additional one-year terms.
Attachment:
1. Agreement
50 60367.01100\33488377.1
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CITY OF ALISO VIEJO
PROFESSIONAL SERVICES AGREEMENT
FOR
INTERIOR AND EXTERIOR LIGHTING MAINTENANCE SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this day of , 20___, by and between the City of Aliso Viejo, a municipal corporation organized under the laws of the State of California with its principal place of business at 12 Journey, Suite 100, Aliso Viejo, California 92656 (“City ”) and Peak Lighting and Electric, Inc. a corporation, with its principal place of business at 1411 N. Batavia St. #122, Orange, CA 92867 (“Contractor”).
City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of professional Interior and Exterior Lighting Maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing professional Interior and Exterior Lighting Maintenance services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Contractor to render such services for the Interior and Exterior Lighting Maintenance Services project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services . Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Interior and Exterior Lighting Maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from February 16, 2022 to June 30, 202 5, unless earlier terminated as provided herein. The City Manager s hall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than tw o additional one -year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 51 60367.01100\33488377.1
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3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor shall complete, execute, and submit to City a Request for Taxpayer Identification Number and Certif ication (IRS FormW -9) prior to commencement of any Services under this Agreement. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability i nsurance, and workers’ compensation insurance.
3.2.2 Schedule of Services.
3.2.2.1 Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.2.2 Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non -performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts o f God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the Services, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a p ublic agency applicable to the Services and Agreement.
3.2.2.3 Should a Force Majeure Event occur, the non -performing Party shall, within a reasonable tim e of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being 52 60367.01100\33488377.1
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made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Contractor to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.2.3 Conformance to Applicable Requirements . All work prepared by Contractor shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel . Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of k ey personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Contractor at the request of the City. The key personnel for performance of this Agreement a re as follows: Steven Peak.
3.2.5 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the pow er to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Public Works Director/City Engineer, or his or her designee, as the City’s contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.6 Contractor’s Representative . Contractor hereby designates Steven Peak , or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services . Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, Contractors and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Emplo yees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughou t the term of this 53 60367.01100\33488377.1
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Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which a re caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-Contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be reemployed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Proj ect or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it t o be contrary to s uch laws, rules and regulations , Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursua nt to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance . Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.
3.2.10.2 Types of Insurance Required . As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Contractor in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existi ng policies do not meet the Insurance Requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.
Defense costs shall be paid in addition to the limits.
The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
54 60367.01100\33488377.1
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(b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident.
(c) Contractors Pollution Liability: (if necessary)
Contractors Pollution Liability Insurance covering all of the contractor’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits o f $5 million per loss and $10 million total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another.
If coverage is written on a cl aims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(d) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may p otentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).
If coverage is written on a claims -made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(e) Workers’ Compens ation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(a) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Li ability and (c) Contractor’s Pollution Liability shall be endorsed to provide the following:
55 60367.01100\33488377.1
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(1) Additional Insured: The City of Aliso Viejo , its officials, officers, employees, agents, and volunteers shall be
additional insureds with regard to liability and defense of suits or claims arising out of the performance of the
Agreement.
Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Contractor; or (4) contain any other exclusions contrary to the Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non -payment of premium.
(b) The policy or policies of insurance required by Section 3.2.10.2 (b) Automobile Liability and (d) Professional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non -payment of premium.
(c) The policy or policies of insurance required by Section 3.2.10.2 (e) Workers’ Compensation shall be endorsed to provide the
following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non -payment of premium.
3.2.10.4 Primary and Non -Contributing Insurance . All insurance coverages shall be primary and any other insurance, deductible, or self -insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive 56 60367.01100\33488377.1
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all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
3.2.10.6 Deductible. Any deductible or self -insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.10.7 Evidence of Insurance . The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the Ci ty evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.10.8 Failure to Maintain Coverage . Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Agreement.
In the event that the Contractor’s operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.
3.2.10.9 Acceptability of Insurers . Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insuran ce through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.10.10 Insurance for Subcontractors. All Subcontractors shall be included as additional insureds under the Contractor’s policies, or the Contractor shall be responsible for causing Subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subcontractor’s policies.
3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions where applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, 57 60367.01100\33488377.1
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confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the p roper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” atta ched hereto and incorporated herein by reference. The total compensation shall not exceed Seventy Five Thousand Dollars ($75,000.00) (“Total Compensation”) without written approval of City’s City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation.
Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receivin g such statement, review the statement and pay all non-disputed and approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate wou ld be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Prevailing Wages; DIR Registration.
3.3.5.1 Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “pub lic works” and “maintenance” projects.
If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to full y comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. It is the intent of the parties to effectua te the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Contractor shall therefore comply with such Labor Code sections to the fullest extent required by 58 60367.01100\33488377.1
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law. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.3.5.2 If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and all sub contractors must be registered with the Department of Industrial Relations (“DIR”). Contractor shall maintain registration for the duration of the project and require the same of any sub contractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall b e Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection . Contractor shall maintain com plete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make tran scripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination . City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately r endered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any oth er rights and remedies provided by law, equity or under this Agreement.
3.5.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information o f any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 59 60367.01100\33488377.1
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3.5.2 Delivery of Notices . All notices permitted or required under t his Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
Peak Lighting and Electric, Inc.
1411 N. Batavia St. #122,
Orange, CA 92867
Attn: Steven Peak
City:
City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656
Attn: Shaun Pelletier, Public Works Department
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodi ed in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskett es, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data th e subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreeme nt shall be at City’s sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor.
Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the Servic es. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use 60 60367.01100\33488377.1
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City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio productio n or other similar medium without the prior written consent of City.
3.5.3.3 Confidential Information. The City shall refrain from releasing Contractor’s proprietary information (“Proprietary Information”) unless the City’s legal counsel determines that the relea se of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Contractor of its intention to release Proprieta ry Information.
Contractor shall have five (5) working days after receipt of the Release Notice to give City written notice of Contractor’s objection to the City’s release of Proprietary Information.
Contractor shall indemnify, defend and hold harmless t he City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release th e Proprietary Information after receipt of the Objection Notice unless either:
(1) Contractor fails to fully indemnify, defend (with City’s choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non- appealable order by a court of competent jurisdiction requires that City release such information.
3.5.4 Fraud Policy . Contractor shall provide a copy of the City’s Fraud Prevention Policy to each of its employees assigned to perform Services und er this Agreement.
Contractor shall submit to the City a statement signed by an authorized representative for Contractor certifying receipt of the City’s Fraud Prevention Policy. A finding by the City that any of Contractor’s employees have committed fraud against the City or have violated the City’s Fraud Prevention Policy shall be grounds for appropriate discipline, up to and including such employee’s removal from performance of this Agreement at City’s request and/or term ination of this Agreement. Contractor shall reimburse the City for any costs and expenses associated with fraud against the City.
3.5.5 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.6 Attorney’s Fees . If either party commences an action against the other party, either legal, administr ative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.7 Indemnification.
3.5.7.1 To the fullest extent permitted by law, Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, Contractors or agents in connection with the performance of the Contractor's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses except 61 60367.01100\33488377.1
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such loss or damage caused by the sole negligence or willful misconduct of the City .
Contractor's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the Contractor or the City, its officials, officers, employees, agents or volunteers.
3.5.7.2 If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims t hat arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
3.5.8 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.9 Governing Law . This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.10 Time of Essence. Time is of the essen ce for each and every provision of this Agreement.
3.6 City’s Right to Employ Other Contractors. City reserves right to employ other Contractors in connection with this Project.
3.7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.8 Assignment or Transfer . Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall b e null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.9 Construction; References; Captions . Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calend ar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
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3.10 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.11 Waiver. No waiver of any default shall constitute a waiver of any other d efault or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.12 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.13 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.14 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no member, of ficer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.15 Equal Opportunity Employment . Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, bu t not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.16 Labor Certification . By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the Califor nia Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self - insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.17 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.18 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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3.19 Declaration of Political Contributions. Contractor shall, throughout the term of this Agreement, submit to City an annual statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Contractor and all of Contractor’s employees, including any employee(s) that Contractor intends to assign to perform the Services described in this Agreement.
3.20 Subcontracting.
3.20.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ALISO VIEJO AND PEAK LIGHTING AND ELECTRIC, INC.
IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this ____ day of __________, 2022.
CITY OF ALISO VIEJO
Approved:
By:
David Doyle
City Manager
ATTEST:
By: _______________________________
Mitzi Ortiz, MMC
City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney
APPROVED AS TO COMPLIANCE
WITH BUDGET
By:
Department of Financial Services
PEAK LIGHTING AND ELECTRIC, INC.
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:
Its:
Printed Name:
By:
Its:
Printed Name:_________________________
65 60367.01100\33488377.1
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CITY OF ALISO VIEJO
DECLARATION OF POLITICAL CONTRIBUTIONS
Using the space provided below, please list any political contributions of money, in -kind services, or loans made to any member of the City Council within the last twelve (12) months by Contractor and all of Contractor’s employees, including any employee(s ) that applicant intends to assign to perform the work or services described in this Agreement:
To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:
City/County/State Date
Name of Business Print Name
Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
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CITY OF ALISO VIEJO
ACKNOWLEDGMENT OF RECEIPT OF FRAUD POLICY
I hereby acknowledge that I have received a copy of the City’s “Fraud Prevention Policy” dated October 1, 2008. I understand that I am to promptly read its contents and distribute copies to employees assigned to perform Services for the City of Aliso Viejo.
To the extent that provisions of this policy conflict with previously issued policies or practices, whether or not such policies and practices were contained in written policies, this policy shall prevail.
Name of Business Print Name
Signature
Date
67 60367.01100\33488377.1
A-1
EXHIBIT “A”
SCOPE OF SERVICES
Scope of Work – Interior & Exterior Lighting Maintenance Services for City Facilities Provide Interior & Exterior Lighting Maintenance Services for City Hall, Iglesia Community Center, Aliso Viejo Center, Aliso Viejo Aquatics Center, and The Aliso Viejo Ranch. The Lighting maintenance services will be provided once per month.
Iglesia Park – 24671 Via Iglesia
• Walkways path lights (6)- 80watt LED 5k post top
• Tennis court lights (18) – 300-watt LED 5K Tenon Mount • Handball court lights- (2) -300-watt LED 5k Tenon Mount • Interior and exterior building lights – T8740 4’ fluorescent/Par 38 flood/9wLED
City Hall – 12 Journey
• Parking lot light poles. (8)
• Interior and Exterior Lights (Suites, lobby, stairways, hallways, Council Chambers, four restrooms, and utility rooms)
• Bollards (9)
• All Suites (Suite 100, 200, 280, 285, 201, and 255)
Aquatic Center, Aliso Viejo Center, Vista Park – 29 & 31 Santa Barbara
• Parking lot pole lights (18) double fixtures
• Walkway bollards lights
• Interior troffer lights
• Interior recessed lights
• Misc. Picnic areas, shade cover lights
• Pool Lights
Aliso Viejo Ranch – 100 Park Avenue
• Parking lot pole lights
• Walkway bollard lights
• Interior and Exterior lights
• Grounds décor lights
• Outdoor string lights
• Buildings H New Barn, A - Old Barn, B -Bunkhouse, C&D Woodsheds, E -Metal Shed and G - Forman’s House
The Specific service to be performed are described below:
68 60367.01100\33488377.1
A-2
• LED upgrade as requested
• Replace defective lamps as needed.
• Replace defective ballasts for all such lamps as required. • Repair wiring, contactors, and time clocks which control all common area lighting and outdoor lights as needed.
• Replace lamps holders, sockets, and brackets as required. • Clean lenses, diffusers, and refactors as the time of lamp replacements. • Replace cracked and broken lenses as required.
• Notify and provide the City with proposals to replace significant equipment or items related to potential liability involving electrical systems. • All personnel working on the systems will be qualified electricians and will have the ability to use a lift truck.
• Additional services shall be performed on an as-needed basis as directed by the City.
Service shall be performed during regular business hours: M onday-Thursday 7:30 a.m. - 5:30 p.m.: and every other Friday 7:30 a.m. - 4:30 p.m. During emergencies, Work may be required outside of regular business hours.
The successful Proposer shall be responsible for providing a lift truck and all other equipment and supplies necessary to perform the lighting maintenance services.
Suppose at any time there is determined to be major electrical repair work needed due to wiring problems within the existing electrical system. In that case, the City will be notified, and a quotation issued before beginning work. Also, any special equipment (other than lift truck) that must be obtained to perform lighting maintenance, such as scissors lifts, scaffolding, etc., will be quoted separately to the City.
69 60367.01100\33488377.1
B-1
EXHIBIT “B”
SCHEDULE OF SERVICES
In the event that this Agreement is renewed pursuant to Section 3.1.2, the first renewal period shall be from July 1, 202 5 to June 30, 202 6. The second renewal period shall be from July 1, 2026 to June 30, 2027.
70 60367.01100\33488377.1
C-1
EXHIBIT “C”
COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be adjusted each year at the time of renewal described in Exhibit “B” in accordance with the annual average Consumer Price Index of the prior calendar year , All Urban Consu mers, Los Angeles-Long Beach-Anaheim up to a maximum percentage of five percent (5%).
Peak Lighting Rates (MONTHLY)
City Hall $ 99.00
Iglesia Center $ 99.00
Aquatic $ 199.00
AV $ 99.00
Vista Park $ 99.00
Ranch $ 199.00
Iglesia Park $ 99.00
Normal Labor rates $79.00/hr., / High reach work requiring a boom or special equipment $99.00/hr., / After-hours emergency rates $129.00/hr.
71 City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
1 of 8
PURPOSE
To establish Policy and procedures for the prev ention and detection of fraud and other related dishonest activities against th e City and, when appropriate, to pursue legal remedies available under the law.
This Policy has been established to ensure that elected officials, officers, employees, and members of advisory boards, commissions and committees of the City of Alis o Viejo are aware of the following:
1. Acts that are considered to be fraudulent;
2. Procedures for reporting suspected fraudulent acts;
3. Steps to be taken when fraud or other rela ted dishonest activities are suspected; and
4. Consequences to expect when a dishonest act is reported.
Further, this Policy delineates management’s responsibility for instituting and maintaining a system of internal control to prevent and detect fraud, misappropriations and other irregularities, and to be alert for any indications of such misconduct.
POLICY
1. GENERAL
The City of Aliso Viejo is committed to protecting its assets against the risk of loss or misuse.
Accordingly, it is the policy of the City to identify and promptly investig ate any possibility of fraudulent or related dishonest ac tivities against the City and, w hen appropriate, to pursue legal remedies available under law.
2. DEFINITIONS
a. Fraud
– Fraud and other similar irregularities including, but not limited to:
i. claim for reimbursement of expenses that are not job-related or authorized by current policy;
ii. forgery or unauthorized alteration of doc uments (checks, time sheets, independent contractor agreements, purchase orders, budgets, etc.); 72 City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
2 of 8
iii. misappropriation of City assets (funds, securi ties, supplies, furniture, equipment, etc.);
iv. improprieties in the handling or reporting of money or financial transactions;
v. authorizing or receiving payment for goods not received or services not performed;
vi. computer-related activity involving unauthor ized alteration, destruction, forgery, or manipulation of data or misappropriation of City-owned software;
vii. misrepresentation of information on documents;
viii. any violation of Federal, State, or Local laws related to dishonest activities or fraud;
ix. seeking or accepting anything of material value from those doing business with the City, including vendors, consultants, contract ors, lessees, applicants, and grantees.
Materiality is determined by t he City’s Conflict of Interest Code, which incorporates the Fair Political Practices Commission’s regulations;
x. obtaining profit or personal ga in as a result of “insider” knowledge of City activities;
xi. disclosing confidential and proprietary information to outside parties; or
xii. Intentional, false representation or concealment of material fact for the purpose of personal gain.
b. Employee
– Any individual or group of individuals who receive co mpensation, either full or part-time, from the City of Alis o Viejo for employment or prov iding services. The term also includes any volunteer who provides services to the City through an official arrangement with the City or a City organization, as well as cons ultants, vendors, contra ctors, outside agencies and/or any other parties with a business relationship with the City of Aliso Viejo.
c. Official
- Elected officials, officers, and me mbers of advisory or appointed boards, commissions and committees.
d. Management – Any administrator, manager, director , supervisor, or other individual who manages or supervises funds or other resources, including human resources.
73 City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
3 of 8
e. Internal Auditor – Any person or persons assigned by the City Manager to investigate any fraud or similar activity.
f. External Auditor – Independent audit prof essionals who perform annual audits of the City’s financial statements.
3. INVESTIGATION
a. It is the City’s intent to fu lly investigate any suspected acts of fraud. An objective and impartial investigation will be conducted regardless of the posit ion, title, length of service or relationship with the City of any party who mi ght be or become involv ed in or becomes the subject of such investigation.
b. Each department of the Ci ty is responsible for institut ing and maintain ing a system of internal control to provide r easonable assurance for the prev ention and detection of fraud.
Management should be familiar with the types of improprieties that might occur within their area of responsibility and be alert for any indications of such conduct.
c. The Internal Auditor, in conjunction with the City Attorney, has the primary responsibility for the investigation of fraud.
d. Throughout the investigation, the Internal Auditor will info rm the City Manager of pertinent investigative findings.
e. Employees will be gr anted “whistle-blower protection,” as described below when acting in accordance with this Policy. When informed of suspected fraud, neither the City nor any person acting on behalf of the City shall:
i. dismiss or threaten to dismiss the Employee reporting the suspected fraud;
ii. discipline, suspend, or th reaten to discipline or sus pend the Employee reporting the suspected fraud;
iii. impose any penalty upon the Employee reporting the suspected fraud, or;
iv. intimidate or coerce the Employ ee reporting the suspected fraud.
74 City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
4 of 8
Violations of these “whistle-blower protections” may result in discipline up to and including dismissal.
f. Upon conclusion of the investigation, the results will be reported to the City Manager.
g. The City Manager, following review of investi gation results, will take appropriate disciplinary action regarding Employee misconduct. Discipl inary action can include termination of employment or a contract, and referral of the case to the District Attorney’s Office for possible prosecution.
h. The City will pursue every r easonable effort, including court or dered restitution, to obtain recovery of City losses from the offender, or other appropriate sources.
PROCEDURE
1. RESPONSIBILITIES OF OFFICIALS
a. If an Official has reason to su spect that a fraud has occurred, he or she shall immediately contact the City Manager.
b. An Official shall not attempt to investi gate the suspected fraud or discuss the matter with anyone other than the City Manager.
c. The alleged fraud or audit in vestigation shall not be di scussed with the media by any person other than through the City Manager in consultation with the City Attorney and the Internal Auditor.
2. MANAGEMENT RESPONSIBILITIES
a. Management is responsible for detecting, pr eventing and reporting frau d in their areas of responsibility.
b. Each manager should be familiar with the types of fraud t hat might occur in his or her area and be alert for any indication that fraud is or was in existence in his or her area.
c. When fraud is detected or suspected, M anagement should determine whether an error or mistake has occurred or if there may be dishonest or fraudulent activity.
75 City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
5 of 8
d. If Management determines a suspected activity may involve fraud, they should contact their immediate supervisor. In the event the acti vity involves the immediate supervisor, the activity should be reported to the Department Director.
e. Upon being notified of su spected fraud, Department Direc tors shall inform the City Manager.
f. Management should not attempt to conduct in dividual investigations, interviews, or interrogations. However, Management is re sponsible for taking appropriate corrective actions to ensure adequate controls exist to prevent reoccurrences of fraud.
g. Management shall cooperate fully with the Inte rnal Auditor, other involved departments, and law enforcement agencies in the detection, reporting, and investigation of fraud, including the prosecution of offenders.
h. Management will have full and unrestricted access to all necessary records and personnel.
All City furniture and c ontents, including desks and computer s, are open to inspection at any time. There is no assumption of privacy.
i. In dealing with suspected fr aud, great care must be taken. Management should not:
i. make accusations;
ii. alert individuals suspected of committi ng fraud that an investigation is underway;
iii. treat individuals suspected of committing fraud unfairly, or;
iv. make statements that could lead to claims of false accusations or other offenses.
j. In handling suspected fraud activities , Management has the responsibility to:
i. make no contact (unless requested) with the individual suspected of committing fraud to determine facts or demand restitution. U nder no circumstances should there be any reference to “what you did”, “the crime”, “the fraud”, “the misappropriation”, etc.;
ii. avoid discussing the case, fa cts, suspicions, or allegations with anyone outside the City, unless specifically directed to do so by the City Attorney;
76 City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
6 of 8
iii. avoid discussing the case with anyone in side the City other than the City Manager, Internal Auditor, or City Attorney or law enforcement personnel;
iv. direct all inquiries from the individual suspected of co mmitting fraud, or his or her representative, to the City M anager or City Attorney. All inquiries by an attorney representing the individual suspected of committing fraud should be directed to the City Attorney. All inquiries from the media should be directed to the City Manager, and;
v. take appropriate corrective and disciplinar y action, up to and including dismissal, if authorized by and in conformance with the City’s personnel policies.
3. EMPLOYEE RESPONSIBILITIES
a. Employees should report detected or sus pected fraud to the Employee’s supervisor.
b. In the event the suspected fraud involves the Employee’s immediate supervisor, the Employee shall make the report directly to the next higher level of Management and/or the City Manager.
c. The reporting Employee shall refr ain from further investigation of the incident, confrontation with the alleged violator, or further discussion of the incident with anyone, unless requested by the City Manager, Internal Auditor, City Attorney, or law enforcement personnel.
4. INTERNAL AUDITOR RESPONSIBILITIES
a. Upon assignment by the City Manager, the Inte rnal Auditor will promptly investigate the fraud.
b. In all circumstances wher e there appears to be reasonable gr ounds for suspecting that a fraud has taken place, the Internal Auditor, in consultation with the City Attorney, will contact appropriate law enforcement personnel.
c. The Internal Auditor shall be available and receptive to receiving relevant, confidential information to the extent allowed by law.
d. If evidence is uncovered showing possible fraud, the Internal Auditor will proceed as follows:
77 City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
7 of 8
i. discuss the findings with Management and t he City Manager to dete rmine if disciplinary actions should be taken;
ii. report to the External Audito r such activities in order to assess the effect of the fraud activity on the City’s financial statements;
iii. coordinate with Managem ent regarding notification to insurers and filing of insurance claims;
iv. take immediate action, in consultation wit h the City Attorney, to prevent the theft, alteration, or destruction of evidentiary record s. Such action shall include, but is not limited to:
(A) removing the records and placing them in a secure location, or limiting access to the location where the records currently exist, and;
(B) preventing the individual suspected of committing the fraud from having access to the records.
e. In consultation with the City Attorney and appropriate law enforcement personnel, the Internal Auditor may disclose particulars of the investigation with potential witnesses if such disclosure would further the investigation.
f. If the Internal Auditor is contacted by the media regar ding an alleged fraud or investigation, the Internal Auditor will direct all inquiries to the City Manager.
g. At the conclusion of the in vestigation, the Internal Audito r will document the results in a confidential memorandum report to the City Manager and the City Attorney. If the report concludes that the allegations are supported by evidence, the report will be forwarded to appropriate law enforcement personnel.
h. Unless exceptional circumstances exist, a per son under investigation for fraud is to be given notice in writing of essent ial particulars of t he allegations following the conclusion of the investigation. Where not ice is given, the person agains t whom allegations are being made may submit a written expl anation to the Internal Auditor no later than seven (7) calendar days after notice is received.
i. The Internal Auditor shall make recomm endations to the appropria te department for 78 City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
8 of 8
assistance in the prevention of future similar occurrences.
j. Upon completion of the investigation, includ ing all legal and personnel actions, all records, documents, and other evidentiary materi al, obtained from the department under investigation will be returned by the Internal Auditor to that department.
DISCIPLINARY ACTIONS
Any Employee found to be responsible for fraud or who knowingly makes false allegations in violation of this Policy shall be subject to a ppropriate disciplinary action, up to and including termination of employment and/or te rmination of the contract. Th e severity of the disciplinary action will be based upon the circumstances of t he violation and in accordance with the City’s personnel policies. The City will assess any re medial measures necessary to address and correct the circumstance and pr event reoccurrence in the futu re. Remedial measures may include, but are not limited to , disciplinary action, reorganizati on of personnel, training and education, counseling and/or other employee assistance.
EXCEPTIONS
There will be no exceptions to this Policy unle ss provided and approved by the City Manager and the City Attorney.
79 City of Aliso Viejo
AGENDA ITEM
DATE: February 16, 2022
TO: Mayor and City Council
FROM: Shaun Pelletier, City Engineer
SUBJECT: AGREEMENT WITH TEAM ONE MANAGEMENT FOR JANITORIAL
SERVICES
______________________________________________________________________ Recommended Actions:
1. Approve Professional Services Agreement with Team One Management to perform Janitorial Services; and
2. Authorize the City Manager to execute the agreement with Team One Management for an amount not to exceed $700,000.
Fiscal Impact:
The contractor fee for this work is estimated to be a total of $700,000 through the initial 3-year agreement period including a contingency for ordering supplies and for additional work beyond regular janitorial services. Janitorial maintenance is funded through the General Fund and the Aquatic/Aliso Viejo Center Funds. Sufficient funding will be included in the FY 2022-23 Budget.
Background:
The City currently owns and maintains five (5) City facilities requiring janitorial services:
Aliso Viejo Center, Aquatic Center, Iglesia Park Community Center, City Hall, and Aliso Viejo Ranch.
Staff issued a Request for Proposals (RFP) for Janitorial Services on November 10, 2021.
The RFPs were advertised on the City website. On January 6, 2022 staff received three proposals for this service from Team One Management, Omni Enterprise, and Mek Enterprises. Staff reviewed the proposals for completeness, understanding of the work, work plan, references, capabilities of the company, and fee.
Discussion:
Rankings based upon the required criteria are as follows:
80
1. Team One Management
2. Omni Enterprise
3. Mek Enterprises
Staff recommends Team One Management to continue performing the Janitorial Services for the City. They have provided acceptable service during the past and continue to work at the County of Orange and other municipalities. Their proposal addressed the specific tasks required in the scope of services. Team One Management is headquartered in Laguna Niguel.
Team One Management will continue to provide the requested services at Aliso Viejo Center, Aquatic Center, Iglesia Park Community Center, City Hall, and Aliso Viejo Ranch for approximately $157,000 total per year. Additional costs beyond regular janitorial services, including special cleaning requests, will be authorized by City staff prior to commencing the work. Additional contingency was added to account for additional cleaning measures as a result of COVID-19. The initial term of the agreement will be from July 1, 2022 through June 30, 2025. The City has the option to renew the agreement for two additional one-year terms.
Attachment:
1. Agreement
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CITY OF ALISO VIEJO
PROFESSIONAL SERVICES AGREEMENT
FOR
JANITORIAL SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this day of , 20___, by and between the City of Aliso Viejo, a mun icipal corporation organized under the laws of the State of California with its principal place of business at 12 Journey, Suite 100, Aliso Viejo, California 92656 (“City”) and Team One Management, a corporation, with its principal place of business at 26324 Camino Capistrano, Unit 209, Laguna Niguel, CA 92677 (“Contractor”).
City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and a ssume responsibility for the provision of professional Janitorial services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing professional Janitorial services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Contractor to render such services for the Janitorial Services project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tool s, equipment, services, and in cidental and customary work necessary to fully and adeq uately supply the professional Janitorial services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated he rein by reference. All Services sh all be subject to, and performed in accordance with, this Agreement, the exhibits attach ed hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2022 to June 30, 2025, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional one-year terms. Contractor shall complete the Serv ices within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Contractor.
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3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or unde r its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent c ontractor basis and not as an employee.
Contractor shall complete, execute, and submit to City a Request for Taxpaye r Identification Number and Certification (IRS FormW-9) prior to commencement of any Services under this Agreement. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor retains the right to perform similar or different services for others during the term of this A greement. Any additiona l personnel performing the Services under this Agreement on behalf of Contract or shall also not be employees of City and shall at all times be under Contractor ’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amount s due such personnel in conne ction with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services.
3.2.2.1 Contractor shall perform the Service s expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto an d incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.2.2 Neither City nor Contractor shall be considered in default of this Agreement for delays in performance cau sed by circumstances beyond the reasonable control of the non-perform ing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unfore seeable delay in the issuance of permits or approvals by governmental authorities that are required for the Services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the Services, only to the extent such strikes and othe r organized labor action are be yond the control of Contractor and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Services and Agreement.
3.2.2.3 Should a Force Majeure Event oc cur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being 83 60367.01100\33488377.1
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made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Contractor to any additional compensation.
Notwithstanding the foregoing in this section, th e City may s till terminate this Agreement in accordance with the termination provisions of this Agreement.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Contrac tor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon wr itten approval of City. In the ev ent that City and Contractor cannot agree as to the substitution of key personn el, City shall be entit led to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Contractor at the request of the City. The key personnel for performance of this Agreement are as follows: Mike Akhavan.
3.2.5 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Public Works Director/City Engineer, or his or her designee, as the City’s contact for the implementation of the Services hereunder. Contractor shall not accep t direction or orders from any pe rson other than the City’s Representative or his or her designee.
3.2.6 Contractor’s Representative . Contractor hereby designates Mike Akhavan, or his or her designee, to act as its representative for the performance of this Agreement (“ Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.
The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, Contractors and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Em ployees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and main tains that it is skil led in the professional calling necessary to perform the Services. Co ntractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, 84 60367.01100\33488377.1
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permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals sh all be maintained t hroughout the term of this Agreement. As provided for in the indemnificat ion provisions of this Agreement, Contractor shall perform, at its own cost and expense a nd without reimbursemen t from the City, any services necessary to correct errors or o missions which are caused by the Contractor ’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-Contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be reemployed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/ OSHA requirements, and shall give all notices required by law. Contractor sha ll be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.
3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed here under and without limiting the indemnity provisions of the Agreement, the Contract or in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrenc e, and if written with an aggregate, the aggregate shall be double the per occurrence limit.
Defense costs shall be paid in addition to the limits.
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The policy shall contain no endorsements or provisions limiting coverage for (1) c ontractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident.
(c) Contractors Pollution Liability: (if necessary)
Contractors Pollution Liability Insurance covering all of the contractor’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $5 million per loss and $10 million total all losses. The policy shall contain no endorsements or provisions limiti ng contractual liability or coverage for cross liability of claims or suits by one insured against another.
If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(d) Professional Liability: Profession al Liability insurance with minimum limits of $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).
If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(e) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of Californi a and Employer’s Liability Insurance with a limit of not less than $1,000,000 pe r accident for bodily injury and disease.
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3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provis ion or endorsement that has not been submitted to the City for approval.
(a) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability and (c) Contractor’s Pollution Liability shall be endorsed to provide the following:
(1) Additional Insured: The City of Aliso Viejo, its officials, officers, employees, agents, and volunteers shall be
additional insureds with regard to liability and defense of suits or claims arising out of the performance of the
Agreement.
Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Contractor; or (4) contain any other exclusions contrary to the Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(b) The policy or policies of insurance required by Section 3.2.10.2 (b) Automobile Liability and (d) P rofessional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(c) The policy or policies of insurance required by Section 3.2.10.2 (e) Workers’ Com pensation shall be e ndorsed to provide the following:
(1) Waiver of Subrogation: A w aiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
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3.2.10.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all subrogation rights agains t the indemnified parties. Polici es shall contain or be endorsed to contain such provisions.
3.2.10.6 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as th ey would have been protected had th e policy or policies not contained a deductible or self-insured retention.
3.2.10.7 Evidence of Insurance. The Cont ractor, concurrently with the execution of the Agreement, and as a condition pr ecedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that ins urer to bind cove rage on its behalf. At least fifteen (15 days) prior to the ex piration of any such policy, evid ence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insura nce has been reinstated or ha s been provided through another insurance company or companies.
3.2.10.8 Failure to Maintain Coverage. Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any pa yment due Contractor until Contractor has fully compli ed with the insurance provisions of this Agreement.
In the event that the Contractor ’s operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.
3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of Cali fornia, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.10.10 Insurance for Subcontractors. All Subcontractors shall be included as additional insureds under the Contractor ’s policies, or the Contractor shall be responsible for causing Subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subcontractor’s policies.
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3.2.11 Safety. Contractor shall execute and m aintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for th e safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions where applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and proc edures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, sca ffolds, fall protection ladders , bridges, ga ng planks, confined space procedures, tren ching and shoring, e quipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall re ceive compensation, including authorized reimbursements, for a ll Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Seven Hundred Thousand Dollars ( $700,000.00) (“Total Compensation”) without written approval of City’s City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation.
Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Cont ractor. The statemen t shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billi ng periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all non-disputed and approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during th e term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by C ity to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Prevailing Wages; DIR Registration.
3.3.5.1 Contractor is aware of the re quirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. 89 60367.01100\33488377.1
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If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prev ailing rates of per diem wages in effect at the commencement of this Agreement. Contractor sha ll make copies of th e prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services av ailable to interested parties upon request, and shall post copies at the Contractor ’s principal place of business and at the project site. It is the in tent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Contractor shall therefore comply with such Labor Code sections to the fullest extent required by law. Contractor shall defend, i ndemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of a ny failure or alleged failure to comply with the Prevailing Wage Laws.
3.3.5.2 If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and all subc ontractors must be registered with the Department of Industrial Relations (“DIR”). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall b e Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
3.4 Accounting Records.
3.4.1 Maintenance and Inspectio n. Contractor shall m aintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identif iable. Contractor shall allow a representative of City during normal business hours to examine, a udit, and make transcripts or c opies of such records and any other documents created pursuant to this Agre ement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities r elated to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of th is Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those servi ces which have been adequately rendered to City, and Contractor shall be en titled to no further compensati on. Contractor may not terminate this Agreement except for cause. The rights a nd remedies of the City provided in this section shall not be exclusive and are in addition to any other ri ghts and remedie s provided by law, equity or under this Agreement.
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3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other i nformation of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
Team One Management
26324 Camino Capistrano, Unit 209,
Laguna Niguel CA 92677.
Attn: Mike Akhavan
City:
City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656
Attn: Shaun Pelletier, Public Works Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual lic ense for City to copy, use, modify, reuse, or sublicense any and all copyrights , designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and othe r documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor pr epares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, 91 60367.01100\33488377.1
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provided that any such use not within the purposes intended by this Agreeme nt shall be at City’s sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, de scriptions, computer program da ta, input rec ord data, written information, and other Documents and Data either created by or provided to Contractor in connection with the performance of this Agreemen t shall be held confidential by Contractor.
Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Serv ices or the Project. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be dee med confidential. Contractor shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, televis ion or radio produc tion or other similar medium without the prior written consent of City.
3.5.3.3 Confidential Information. The City shall refrain from releasing Contractor’s proprietary information (“Proprietary Information”) unless the City’s legal counsel determines that the release of the Proprietary Infor mation is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Contractor of its intention to release Proprietary Information.
Contractor shall have fi ve (5) working days after receipt of th e Release Notice to give City written notice of Contractor ’s objection to the City’s release of Proprietary Information.
Contractor shall indemnify, defe nd and hold harmless the City, and its officers, directors, employees, and agents from and against all liability , loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after r eceipt of the Objection Notice unless either:
(1) Contractor fails to fully indemnify, defend (with City ’s choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non- appealable order by a court of competent jurisdiction requires that City release such information.
3.5.4 Fraud Policy. Contractor shall provide a copy of the City’s Fraud Prevention Policy to each of its employees assigned to perform Se rvices under this Agreement.
Contractor shall submit to the City a statemen t signed by an authorized representative for Contractor certifying recei pt of the City’s Fraud Prevention Policy. A finding by the City that any of Contractor’s employees have committed fraud against the City or have violated the City’s Fraud Prevention Policy shall be grounds for appropri ate discipline, up to and including such employee’s removal from performance of this Agreement at City’s request and/or termination of this Agreement. Contractor shall reimburse the Ci ty for any costs and expenses associated with fraud against the City.
3.5.5 Cooperation; Further Acts. The Part ies shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.6 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this 92 60367.01100\33488377.1
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Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.7 Indemnification.
3.5.7.1 To the fullest extent permitted by law, Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from an y and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or e quity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful mis conduct of Contractor, its officials, officers, employees, subcontractors, Contractors or agents in connection with the performance of the Contractor's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs a nd expenses except such loss or damage caused by the sole negligence or willful misconduct of the City.
Contractor's obligation to indemn ify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the Contractor or the City, its officials, officers, employees, agents or volunteers.
3.5.7.2 If Contractor ’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor ’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent j urisdiction, Contractor ’s liability for such clai m, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
3.5.8 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to th e subject matter hereof, and s upersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.9 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.10 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6 City’s Right to Employ Other Contractors. City reserves right to employ other Contractors in connection with this Project.
3.7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.8 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agre ement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, 93 60367.01100\33488377.1
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hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.9 Construction; References; Captions. Since the Parties or their agents have participated fully in the prepar ation of this Agreement, the language of this Agreement shall be construed simply, a ccording to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be de emed calendar days and not work days. All references to Contractor in clude all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.10 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.11 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or othe r covenant or conditi on. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.12 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.13 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.14 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warra nts that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulti ng from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no member, office r or employee of City, duri ng the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.15 Equal Opportunity Employment . Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employ ment because of race, relig ion, color, national ori gin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority 94 60367.01100\33488377.1
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Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.16 Labor Certification . By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer t o be insured against liability for Worker’s Compensation or to undertake self - insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.17 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.18 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.19 Declaration of Political Contributions. Contractor shall, throughout the term of this Agreement, submit to City an annual statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Contractor and all of Contractor’s employees, including any employee(s) that Contr actor intends to assign to perform the Services described in this Agreement.
3.20 Subcontracting.
3.20.1 Prior Approval Required. Contractor shall not subc ontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall c ontain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]
95 60367.01100\33488377.1
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ALISO VIEJO AND TEAM ONE MANAGEMENT
IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this ____ day of __________, 2022.
CITY OF ALISO VIEJO
Approved:
By:
David Doyle
City Manager
ATTEST:
By: _______________________________
Mitzi Ortiz, MMC
City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney
APPROVED AS TO COMPLIANCE
WITH BUDGET
By:
Department of Financial Services
TEAM ONE MANAGEMENT
[If Corporation, TWO SIGNATURES,
President OR Vice President
AND Secretary
OR Treasurer REQUIRED]
By:
Its:
Printed Name:
By:
Its:
Printed Name:_________________________
96 60367.01100\33488377.1
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CITY OF ALISO VIEJO
DECLARATION OF POLITICAL CONTRIBUTIONS
Using the space provided below, please list an y political contributions of money, in-kind services, or loans made to any member of the City Council within the last twelve (12) months by Contractor and all of Contractor ’s employees, including any employee(s) that applicant intends to assign to perform the work or services described in this Agreement:
To the best of my knowledge, I declare under penalty of perjury that the fore going is true and was executed at:
City/County/State Date
Name of Business Print Name
Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
97 60367.01100\33488377.1
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CITY OF ALISO VIEJO
ACKNOWLEDGMENT OF RECEIPT OF FRAUD POLICY
I hereby acknowledge that I have received a copy of the City’s “Fraud Prevention Policy” dated October 1, 2008. I understand that I am to promptly read its contents and distribute copies to employees assigned to perform Services for the City of Aliso Viejo.
To the extent that provisions of this policy conflict with previously issued policies or practices, whether or not such policies and practices were contained in written policies, this policy shall prevail.
Name of Business Print Name
Signature
Date
98 60367.01100\33488377.1
A-1
EXHIBIT “A”
SCOPE OF SERVICES
99 Exhibit "A" - Scope of Work
Janitorial Services for City of Aliso Viejo
Exhibit "A"
Scope of Work
Janitorial Services For:
Aliso Viejo City Hall
12 Journey
Aliso Viejo, California
Iglesia Park Community Center
24671 Via Iglesia
Aliso Viejo, California
Aliso Viejo Center
31 Santa Barbara Drive
Aliso Viejo, California
Aliso Viejo Aquatics Center
29 Santa Barbara Drive
Aliso Viejo, California
Aliso Viejo Ranch
100 Park Ave
Aliso Viejo, California 100
Exhibit "A" - Scope of Work
Janitorial Services for City of Aliso Viejo
Table of Contents
Section 1000 Scope of Work 3
Section 1100 Responsibilities of the Contractor 6
Section 1200 Prosecution of the Work 9
Section 1300 Compensation 12
Section 1400 Extra Work 13
Section 1500 Repair 14
Section 1600 Inspection & Administration 15
Section 1700 Schedules 16
. Section 1800 · Building Inventory 17
Section 1900 Supplies & Consumable Items 18
101
Exhibit "A" - Scope of Work
Janitorial Services for City of Aliso Viejo
SECTION 1000
SCOPE OF WORK
1000-1 General:
1.1 The work to be performed shall consist of furnishing all labor and equipment necessary to maintain janitorial services for Aliso Viejo City Hall, lgelsia Park Community Center, Aliso Viejo Center and Aliso Viejo Aquatics Center (hereinafter called "Buildings"). Water and electricity for janitorial purposes shall be provided to the building and paid for by the City.
1.2 The actual work to be performed, contract requirements, and compensation are defined in the sections contained herein.
1.3 The general performance criteria are as follows:
a. Building Interior: Office space, Council Chambers, lobby, corridors, classrooms, restrooms, closets, and kitchen shall be dusted, vacuumed, and mopped to provide a clean, disinfected, and sanitary condition.
b. Restrooms: Public restrooms shall be mopped, cleaned, and sanitized to provide a clean, disinfected, and healthy condition.
c. Equipment and Supplies: Contractor shall furnish proper cleaning materials, disinfectants, implements, machinery, and supplies for the satisfactory performance of all janitorial services as specified by City.
City may obtain restroom supplies through Contractor or alternate source.
1.4 The general schedule for daily cleaning of Building is as follows:
a. All nightly cleaning services for building interior shall be performed based on a Schedule of Services described in Exhibit "B".
b. All nightly cleaning services for restrooms shall be performed based on a Schedule of Services described in Exhibit "B".
Nightly cleaning operations will begin between the hours of 8:00 pm and 3:00 am, Sunday through Thursday, with the exception of public restrooms, which are cleaned daily. On Council Meeting nights, cleaning may be required to begin later at the request of the City.
d. Additional work may be needed for Friday and Saturday evenings. 102
Exhibit "A" - Scope of Work
Janitorial Services for City of Aliso Viejo
..
1000-2
1000-3
General care of all areas within Building:
2.1 In addition to the supervision of all cleaning services, the supervisory staff will be responsible for the following:
a. Instruct personnel and ensure their compliance in the securing of all lighting as soon as possible each night.
b. Instruct personnel on securing all office, restroom and building entrances in conjunction with the City representative and/or security staff.
c. Immediately transmit all accident and/or damage reports to the City representative and/or security staff.
d. Become familiar with the emergency, fire and disaster plans for the building, and in addition to the normal supervisory work of the janitorial crew, the supervisory staff will assume the duties assigned to them by these plans.
e. Be available at City request dur ing normal hours of the building operation to answer complaints relating to the janitorial staff.
f. Turn in all "lost and found" items to the City's facility management staff.
2.2 The Contractor shall cooperate and coordinate the work with other contractors retained by the City.
Definitions:
3.1 Building Interior - Area covered includes all floors, walls, counters, doors, kitchen, conference room, restrooms, lobby, corridors, carpeted classroom, vinyl-floored classrooms, and closets.
3.2 Restrooms - Includes toilets, urinals , sinks, and partitions, stalls, paper towel and soap dispensers.
3.3 City - The City of Aliso Viejo. The City shall be represented by the assigned Project Administrator.
3.4 Contractor - The individual, partnership, corporation, joint venture, or other legal entity entering into a contract with the City to perform the work. The Contractor shall be represented by the assigned Project Manager.
3.5 Contract - The written agreement covering performance of the work, but not limited to the executed agreement, purchase order, change orders, 103
Exhibit "A" - Scope of Work
Janitorial Services for City of Aliso Viejo
thereto, request for proposal, Exhibit "A", Exhibit "B", Exhibit "C" and Exhibit "D".
3.6 Work - That which is to be done under the contract to include furnishing all labor, materials, and equipment. ·
104
Exhibit "A" - Scope of Work
Janitorial Services for City of Aliso Viejo
SECTION 1100
RESPONSIBLITIES OF THE CONTRACTOR
1100-1 Labor Personnel:
1.1 Superintendent - The Contractor shall provide supervisory personnel who communicate effectively in written and oral English and who shall be always present during contract operations. Any order or communications given to these foremen shall be deemed as delivered to the Contractor.
1.2 Workers - Workers employed by the Contractor to perform the Work shall do so competently and orderly. Any worker found to be incompetent, disorderly, troublesome, refuses to perform the work properly and acceptably, intemperate, or otherwise objectionable, as determined by the City, shall not be used for further work in this contract. The workers must be able to communicate effectively in English.
1.3 Staffing shall be increased as required to accomplish any periodic maintenance herein specified without decreasing the level of nightly janitorial services. All costs for such increased staffing are to be included in contract. No allowances will be granted to compensate for extra personnel required to adequately perform any portion of the work included in the scope of work. In no instance, is the Contractor to use the nightly janitorial crew for extra work during the same time period normally assigned for regular nightly maintenance.
1.4 Contractor shall submit a list of at least two emergency telephone numbers of management level supervisory personnel other than the local branch office number or answering service who are authorized to dispatch back-up working crews in the event of a request by City for such services. Vendor will update these emergency telephone numbers as required throughout the term of the contract.
1100-2 Records:
2.1 Contractor shall maintain an accu rate record showing name, employee number, classification, actual hours worked, and actual wages and benefits paid per diem to each employee.
2.2 These records shall reflect all workers_ engaged in the performance of the work.
2.3 Said records shall be available upon request of the City and shall be retained for a minimum of three years by the Contractor. 105
Exhibit "A" - Scope of Work
Janitorial Services for City of Aliso Viejo
1100-3
1100-4
1100-5
1100- 6
Licenses/Permits:
The Contractor shall obtain and pay for all permits and licenses incidental to the work or made necessary by its operations and pay all costs incurred by the permit or license requirements.
Contractor's Office and Facilities:
The Contractor shall maintain an office or base of operations within one-hour drive of the site.
Safety:
5.1 The Contractor shall perform all the Work required in such a manner as to meet all accepted standards for safe practices during all operations and to· always maintain safe condition of premises and right of ways. Contractor shall provide all necessary warning/caution signs required in the course of janitorial duties when occupying the Building.
5.2 The Contractor shall accept the sole responsibility for complying with all applicable City, County, State, or other legal requirements including but not always limited to full compliance with the intent and terms of the applicable Federal OSHA Standards and Cal/OSHA safety orders and Underwriters Lab (UL) Standards so as to protect all persons, including Contractor's employees, agents of the City, members of the public or others from foreseeable injury, or damage to property.
5.3 The Contractor shall conduct operations as to offer the least possible obstruction and inconvenience to the public to include disruption of the noise levels within the area.
5.4 All incidents out of the norm including but not limited to crimes, thefts, vandalism, hazards, etc., shall be reported immediately to the City.
5.5 All cleaning products shall be user-friendly and non-hazardous to the public or staff (provide MSDS sheets).
5.6 Contractor's equipment shall be new or in excellent operating condition and working order (commercial type) for its intended function.
5.7 Contractor shall provide a list of acceptable cleaning/disinfectant products, which are to be used for janitorial services.
Cooperation with Others:
The Contractor shall recognize that during the course of the contract other activities and operations will be conducted by the City or other contractors. The 106
Exhibit "A" - Scope of Work
Janitorial Services for City of Aliso Viejo
Contractor may be required to modify or curtail operations and shall promptly comply with any request by the City to cooperate.
1100-7
1100-8
1100-9
Protection and Restoration of Existing Improvements:
Contractor shall be responsible for making repairs to the building and facilities that were caused by negligence or poor working habits. Contractor shall make all noted repairs to facility within one (1) week of notification by City. If repairs are not made by Contractor within the above stated time period, the City may at its discretion make such repairs by its own contractors and deduct all incurred costs for the repair from the monthly billing due to the janitorial maintenance provider.
Worksite Limits:
The Contractor shall not enter the property for any purpose other than for janitorial services as specifically expressed under this Scope of Work.
Security:
9.1 While cleaning the Building, Contractor will not admit anyone into an area except those authorized by Contractor or City, or employees with proper identification having keys to the area.
9.2 Upon completion of nightly janitorial services, Contractor shall turn off all lights, lock and secure doors, close window coverings, and leave offices and rooms in a neat and orderly condition.
9.3 Contractor personnel shall abide by all security regulations and procedures as directed by City, either verbally or in writing. Contractor shall promptly notify City's Project Administrator of any security issues or building irregularities.
107
Exhibit "A" - Scope of Work
Janitorial Services for City of Aliso Viejo
Section 1200
PROSECUTION OF THE WORK
1200-1 Subcontract:
1.1 The Contractor shall be responsible for all work performed under this contract and shall keep all work under their direct control.
1.2 Any and all subcontractors used on this work shall be under the direct supervision of the Contractor arid shall be considered as employees of the Contractor. Like employees, any subcontractor who is found to be incompetent, disorderly, troublesome, intemperate, or otherwise objectionable or who fails or refuses to perform the work properly and acceptably shall be removed from the site and not be used for further work in this contract.
1.3 The City will not arbitrate nor be a party to any disputes between the Contractor and any subcontractor.
1200-2
1200-3
1200-4
Assignments:
No contract or portion thereof may be assigned without prior written consent of the City. Consent will not be given to any proposed assignment or delegation that would relieve the Contractor of their responsibilities under the contract. The City will not consent to any assignment or delegation of a part of the work under this contract.
Independent:
The Contractor is an independent Cont ractor and nothing herein contained shall authorize Contractor to act as an agent of the City or to bind or obligate the City in any manner whatsoever.
General Environmental Requirements:
4.1 Sound Control:
a. The Contractor shall comply wi th all City sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the contract and shall make every effort to control any undue noise resulting from the operations.
b. The noise level from the Contractor' operations shall be in accordance with the local ordinance covering "noise control".
c. Said noise level requirement shal l apply to all equipment on the job or related to the job, including but not limited to vehicles, vacuums, 108
Exhibit "A" - Scope of Work
Janitorial Services for City of Aliso Viejo
March 2018
.Page 1O of 18
1200-5
1200-6
1200-7
I
polishers, or other equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.
Water Conservation:
All plumbing and water faucets shall be kept in good working condition and water leaks, equipment or facility damages shall be reported promptly to the City. ·
Water and Air Pollution:
The Contractor shall comply with all water and air pollution control rules, regulations, ordinances, and statutes.
Termination, Suspension, and Reduction:
7.1 Termination:
a. . By reason of Contractor’s default - If at any time in the opinion of the City, the Contractor has failed to supply an adequate work force, adequate equipment, or has failed in any respect to prosecute the work with the diligence, force and quality specified and intended in and by the terms of the contract, notice thereof in writing will be served by the City. Should the Contractor neglect or refuse to provide means for satisfactory compliance as directed within the time specified, the City shall have the power to terminate the Contractor's control and negotiate for satisfactory performance of the work through alternative sources.
b. By reasons of acts beyond the control of the City - This contract may be terminated by the City without liability for damages whenever the City is prevented by operation of law, an act of God, or by the official action of the public, Federal or State authorities from complying with the provisions of this contract.
c. For the convenience of the City - Based on discontinued need for the work or reductions in funding the contract may be terminated upon 30 days written notice by the City to the Contractor. A prompt and fair settlement will be made with the Contractor based on actual expenses and reasonable profit, not to include anticipated profit.
109
Exhibit "A" - Scope of Work
Janitorial Services for City of Aliso Viejo
March 2018
7.2 Reductions:
a. This contract may be reduced in scope and quantity by the City without liability for damages, if and when funding reductions are enacted by law, or action of the public.
b. At such time that a reduction occurs, the scope of work and areas under contract will be revised and reduced commensurate with the funding.
c. Adjustments of the contract specifications and corresponding contract prices will be negotiated in accordance with available funding.
1200-8 Deficient Performance:
8.1 The City shall notify the Contractor both verbally and in writing each time its performance is unsatisfactory and corrective action is necessary.
8.2 The City will provide a period for completing the corrective actions. Failure to correct the deficiency within the time required by the City shall result in the deduction of payment.
8.3 The Contractor shall immediately initiate and complete corrective action upon notice from the City.
110
Exhibit "A" - Scope of Work
Janitorial Services for City of Aliso Viejo
March 2018
Section 1300
COMPENSATION
1300-1 Payment:
1.1 Payment to the Contractor will be made for work actually completed in accordance with the specifications contained herein and unit prices proposed in Exhibit "C".
1.2 Payment for "extra work" will be made in accordance with the prices proposed in Exhibit "D".
1300-2 Invoicing:
2.1 Within fifteen (15) calendar days after the end of the month, the Contractor shall -submit a completely itemized invoice based on work completed for the previous month. Invoices for restroom supplies shall be billed separate from maintenance services.
2.2 Individual invoices for janitorial maintenance and restroom supplies shall be submitted in duplicate.
2.3 Invoices shall be submitted on standard company letterhead forms and shall state the following.
a. Invoice number
( b. Invoice date
c. Invoice period
d. Itemized costs with unit prices
e. Maintenance, restroom supplies, or authorized additional work f. Project name: list the individual facility
2.4 Invoices shall be mailed to the following
City of Aliso Viejo
Attn: Director of Administrative Services
12 Journey, Suite 100
Aliso Viejo, CA 92656
111
Exhibit "A" - Scope of Work
Janitorial Services for City of Aliso Viejo
March 2018
...
SECTION 1400
EXTRA WORK
1400-1 Authorization:
1.1 Extra work may be required by the City to remedy vandalism, accidents, acts of God, theft, or civil disturbances within the areas covered by the contract. Extra work may also be required to perform regular items of work where special conditions dictate that a frequency greater than that specified is necessary.
1.2 Extra work may be required by the City in order to add new, to modify existing, or refurbish existing building and facilities.
1.3 Prior to performing any extra work, the Contractor shall prepare and submit a written description of the work with an estimate of costs to include labor, materials, tools, and equipment. Cost estimates shall clearly state whether it is a 'lump sum' or 'not to exceed' quote.
1.4 Work shall not commence without the written authorization of the City.
1.5 Extra work may be initiated with a verbal estimate and authorization when a condition exists wherein there is imminent danger of injury to the public or damage to property. Within twenty-four (24) hours after verbal authorization, the written estimate with approval shall be prepared by the Contractor and provided to the City for approval.
1.6 Staffing shall be increased as required to accomplish any periodic maintenance or extra work without de creasing the stated level of nightly janitorial services.
1400-2
1.7 Contractor is responsible to respond to emergencies and special requests 24 hours per day within one (1) hour to Building location. A non-response to emergency or special request shall result in a "failure to perform" notice.
Payment:
2.1 Copies of all extra work authorizations shall be attached to the invoice.
2.2 The actual costs for materials and labor shall be compensated to the Contractor for 'not to exceed' quotes.
112
Exhibit "A" - Scope of Work
Janitorial Services for City of Aliso Viejo
March 2018
SECTION 1500
REPAIR
1500-1 Authorization:
1.1 The Contractor shall obtain written authorization from the City prior to initiating repair work at the building.
1.2 Standardized janitorial maintenance repairs will be compensated in accordance with the unit prices in Exhibit "D".
1.3 No approval or compensation will be granted for any damage caused by the Contractor's operations.
1500-2 Payment:
Copies of all repair authorizations shall be attached to the invoice. 113
Exhibit "A" - Scope of Work
Janitorial Services for City of Aliso Viejo
March 2018
SECTION 1600
INSPECTION AND ADMINISTRATION
1600- 1 Control of Work:
1.1 A project administrator will be assigned by the City to manage the terms of this contract. The project administra tor shall decide any and all questions which may arise as to the following:
a. The quality or acceptability of the materials furnished, and the work performed.
b. The manner of performance.
c. The rate of performance.
d. The interpretation of the work specifications.
e. The acceptable fulfillment of the contract on the part of the Contractor.
1.2 Project Administrator (City) responsibilities:
a. Direct the inspection and administration of the work. b. Have the authority to implement alternative action either by City forces or request separate contract to accomplish the work and prevent loss or damage based upon the urgency of the conditions. c. Request and approve "extra work".
d. Receive and approve invoices submitted by the Contractor. e. Recommend and provide documentation regarding all claims and compensation.
f. Decide any and all questions w hich may arise as to claims and compensation.
g. Have the authority to enforce and make effective such decisions and orders as the Contractor fails to promptly carry out. h. Refer any questions or doubt relativ e to the true meaning of the specification to City Council, whose decisions thereon shall be final. i. Secure any separate contract required to accomplish the work and prevent loss or damage.
j. Shall be the City's primary day-to-day contact with the Contractor.
1.3 Project Manager (Contractor) responsibilities:
a. Primary contact with the City.
b. Schedule and supervise resources to adequately perform the work. c. Submit proposals for "extra work".
114
Exhibit "A" - Scope of Work
Janitorial Services for City of Aliso Viejo
March 2018
SECTION 1700
SCHEDULES
1700-1 Project Schedule:
An itemized Schedule of Services for the building interior and restrooms is provided in Exhibit "B". Prior to the contract starti ng date, Contractor shall furnish the City with a projected schedule indicating the days and times services will be performed. 115
Exhibit "A" - Scope of Work
Janitorial Services for City of Aliso Viejo
March 2018
...
SECTION 1800
BUILDING INVENTORY
1800-1 Building Inventory:
The Work specified herein is for the facilities listed below.
Facilities Square Feet
City Hall 10,000
Suite 100 6,311
Council Chambers 3,552
Suite 200 3,158
Suite 201 2,352
Suite 255 2,691
Suite 270 1,150
Suite 280 1,145
Aliso Viejo Ranch
Building H 8,100
Building G 740
Building A 2,600
Building B 900
Iglesia Park Community Center 2,868
Large Classroom
Small Classroom
Office
Kitchen
Lobby
Restrooms (Employee & Public)
Aliso Viejo Center 8,500
Banquet Room
Meeting Room #1
Meeting Room #2
Office #1
Office #2
Kitchen
Lobby
Corridor
Restrooms
Aliso Viejo Aquatic Center 700
Snack Shack
116
Exhibit "A" - Scope of Work
Janitorial Services for City of Aliso Viejo
March 2018
-,..
SECTION 1900
SUPPLIES & CONSUMABLE ITEMS
1900-1
Cleaning Supplies:
Contractor shall furnish all disinfectants and cleaning supplies and products that are user-friendly and non-hazardous to the public or staff.
1900-2 Consumable Items:
2.1 City shall pay for consumable items such as toilet paper, paper towels, and liquid hand soap for dispenser units, toilet seat covers, waste container liners and sanitary napkins. City shall provide all paper products used in restroom and kitchen areas.
2.2 City may purchase consumable items from Contractor in accordance with contract prices or may purchase separately.
117
Exhibit "B"
Contractor's Proposed Schedule of Services
The proposed Schedule of Services is for all work described in Exhibit "A" - Scope of Work Janitorial Service es for A liso Viejo City Hall, Iglesia Park Commun ity Center, Aliso Viejo Center, Aliso Viejo Ranch and Aliso Viejo Aquatics Center
ALISO VIEJO CITY HALL
Daily Weekly Monthly Annually
Building Interior
Vacuum carpeted areas X
Clean & disinfect all counters, sinks, doorknobs and push bars , conference tables X
Empty and re-line all wastebaskets X
Sweep and mop all vinyl floor areas X
Sweep exterior entryway near lobby X
Close all doors, locks and activate alarm X
Turn off all lights X
Clean & disinfect drinking water fountain X
Wipe & disinfect kitchen cabinets X
Vacuum & dust Council Chambers X
Empty & re-line all wastebaskets in Council Chamber X
Dust all ledges and windows ills X
Dust desktops, partitions, file cabinets X
Dust Mini-Blinds X
Disinfect telephones X
Spot clean carpeting X
Restrooms
Empty & re-line trash containers X
Clean & disinfect toilets, urinals, and sinks X
Remove splash marks from walls around sinks, toilets, and urinals X Clean and polish mirrors X
Sweep, damp mop & disinfect floors X
Spot clean partitions, doors, paper & soap dispensers X Wash door frames and air vents X
Wash partitions and stainless-steel fixtures with disinfectant and dry polish
X
Clean and thoroughly dry all stainless-steel hand/door/k ick plates X
As Needed Tasks
Remove leaf debris from interior doorways
Remove cobwebs
Spot clean door frames and light switches
Shampoo carpeting
Spot clean walls
Remove fingerprints, smudges from walls and light switch/plates Remove graffiti from all surfaces
NOTE:
Janitorial services shall be provided for Suite 270 six (6) days per week (Monday - Saturday evenings).
118
.,
IGLESIA PARK COMMUNITY CENTER
Daily Weekly Monthly Quarterly Semi-
annual
Bathrooms (Exterior Me n's & Women's, Inter ior Unisex) X Replenish Toilet Paper, Seat Covers, Paper Towels & Soap Dispensers X
Empty Trash Containers, Feminine Product Waste Boxes &
Rep lace Liners X
Clean & Polish Mirrors X
Sweep, Damp Mop, & Disinfect Floors X
Clean & Sanitize Door Handles and Door Frames X
Clean & Disinfect Sinks, Toilets and Urinals X
Remove Sp lash Marks on Walls around Sinks , Toilets &
Urinals X
Great R oom
Dust Furniture & Electronics X
Clean & Disinfect Countertops & Desktops X
Sweep, Damp Mop, & Disinfect Floors (Including under
Tables) X
Empty Trash/Recycle Containers & Replace Liners X
Clean & Disinfect Drinking Fountains & Safety Caps X
Sweep & Clean Exterior of Front Entry X
Clean & Disinfect Door Handl es and Push Bars (Inside & Outside of Building) X
Vacuum area carpets (five total) X
Clean & polish mirror wall X
Computer Room
Vacuum Carpet ing (Including under Tables & Desks) X
Clean & Disinfect Countertops & Desks X
Empty Trash Containers & Replace Liners X
Clean & Disinfect Door Handles X
Front Office
Dust Furniture, Electronics & Wall Pictures X
Vacuum & Spot-Clean Carpeting X
Empty Trash Containers & Rep lace Liners X
Kitchen
Clean & Disinfect Sinks, Countertops, Appliance Handl es X Sweep, Damp Mop , & Disinfect Floor (Including under
Shelving in Pantry) X
Replenish Paper Towels & Soap Dispensers X
Empty Trash/Recyc le Containers & Replace Liners X
Building Inte rior
Clean & Disinfect Baseboards throughout Building X
Dust All Ledges and Windowsills X
Spot-clean Stall l Partitions, Doors, Seat Cover, Feminine Product Waste Bo x & Soap Dispensers
X
Wash Door Frames and Air Vents throughout Building X
Disinfect Trash Cans & Feminine Product Was te Boxes X Clean Room Corners throughout Building (especially behind doors )
X
119
Daily Weekly Monthly Quarterly Semi-
annual
Disinfect All Phones throughout Building X
Clean Microwave Oven and Stove top (Kitchen) X
Clean & Disinfect Tile Walls (All Bathrooms) X
Clean & Disinfect Stall Partitions, Stainless Steel Appliances, Fixtures & Orv Polish (All Bathrooms & Kitchen)
X
Dust Interior Valances (Computer Room & Front Office) X Disinfect Computer Keyboards and Mice (Great Room,
Computer Room & Front Office)
X
Clean & Polish All Light Fixtures throughout Building X Clean All Windows throughout Building, Inside & Out X Clean, Polish & Dry All Stainless- S t e e l Door Handles & Door Kick Plates throughout Building
X
Remove Hard Water/Mineral Deposits from Sinks, Faucets & Drinking Fountains (Great Room, All Bathr o o m s, & Kitchen) X
Clean & Disinfect Refrigerator & Freezer (in pantry) X Deep Clean/Shampoo Carpeting (Front Office & Computer
Room)
X
Deep Clean Kitchen Ceiling & Walls, (Behind equipment as well)
X
Strip & Wax Floors (Great Room, Kitchen and All Bathrooms) X
As Needed Tasks
Soot Clean Carnet Stains and Flooring Stains
Remove Scuffs , Stains and Smudges on Walls, Doors, Door Frames & Light Switches/Plat es
Graffiti Removed from Any & All Surfaces
Clean Ceilings of Debris (Especially Exterior Bathrooms) Remove Leaves & Debris from Interior Doorways of Building & Exterior Bathrooms
Remove Cobwebs
Spot-clean Cabinets throughout Building
Extra/Special Cleaning for Scheduled Events
NOTES:
Daily Tasks (Sunday - Thursday)
Weekly Tasks (Sunday)
Monthly Tasks (First Sunday of the Month)
Quarterly Tasks (Last Sunday of Janua ry , April, July, October) Biannual Tasks (President's Weekend and End of August)
120
ALISO VIEJO CENTER
Daily Weekly Monthly Quarterly Biannual
Bathrooms X
Clean & disinfect toilets, urinals and sinks X
Toilet Paper/Seat Covers Changed X
Trash Cans Emptied X
Soap/Sanitizer Dispensers Refilled X
Mirrors Cleaned X
Floors Swept/Mopped X
Door Handles Wiped/Sanitized X
Countertops Wiped Down X
Furniture/Paintings Dusted X
Foyer/Hallway Cleaning
Furniture/Frames Wiped Down (Dusted) X
Floors Swept/Mopped (Includes Under Tables) X
Front Door Glass Cleaned X
Trash Emptied X
Ballroom
Carpet Vacuumed (Includes Under Tables if Applicable) X Dance Floor Mopped X
Patio
Sweep/Blow Dirt & Debris from Ground X
Trash Cans Emptied X
Planters Wiped Down X
Tabletops Wiped Down X
Trash Can Tops Wiped Down X
Offices
Dust Furniture/P ictures X
Vacuum Floo rs X
Trash Cans Emptied X
Sanitize Sink X
Bride/Groom Rooms
Dust Furniture/Pictures X
Sanitize Sinks X
Stock Bathrooms X
Vacuum Floors X
Kitchen
Floors Swept/Mopped X
Trash Emptied X
Building Interior
Cobwebs in Front Entry Light Fixture Removed X
Linen Room Floor Mopped X
Power wash Patio X
Power Wash Patio Furniture X
Power Wash Fence Between Pool & AV Center X
Power Wash Patio Overhang (Remove Bird Droppings) X
Deep Clean Carpets X
121
Deep Clean Kitchen Ceiling, Walls, and Floors l-
- - - - +-
-- - -
-+-
- - -
-+-
- - - --l-
X
- - - ------1
Spot Clean _ _ _ _ _ _ _ _ _ _ -+ Magic Eraser on Wall Scuffs/Stains
Day Porter (restock bathrooms and touch up
heavily soiled areas on double eve nt
----
+
-----
1 ----
+-
-----
+
-----
-;
X
NOTES:
Daily Tasks (7 nights per week)
Weekly Tasks (Every Thursday)
Monthly Tasks (First Tuesday of the Month)
122
Aliso Viejo Ranch
Buildings A, B, G, H
Services performed Each Visit
x Vacuum all carpeted areas.
x All trash receptacles will be emptied each visit and liners changed as needed.
x All resilient and ceramic floors will be swept, and spot mopped each visit.
x All counters will be cleaned, and fronts wiped down.
x Entrance floor mats will be swept or vacuumed.
x Spots clean all windows inside and outside.
x Entrance front door glass will be cleaned.
x Conference tables and chairs will be cleaned every day.
x Drinking fountains will be cleaned and disinfected.
x In building H, clean the garage door.
x All door handle, doorframes, light switches, and high touch areas to be disinfected.
x All floors to be swept.
Services performed once a week.
x Office furniture including desks, filing cabinets, credenzas, countertops, and bookcases will be dusted and/or wiped clean.
x All resilient, laminate, and ceramic floors will be swept and mopped.
x Telephones will be damp wiped and disinfected.
x Cobwebs will be sought out and removed.
x All trash receptacles will be emptied, and liners changed as needed.
x Dust windowsills.
123
RESTROOM SERVICES PERFORMED EACH VISIT
x Toilets and urinals will be cleaned, disinfected, inside and outside, polish all chrome fixtures.
x Clean and sanitize sinks and fixtures.
x Clean and polish mirrors.
x Empty trash.
x Damp wipe paper, soap, and toilet tissue dispensers.
x Fill toilet tissue, hand towels and soap dispensers.
x Wipe splash marks from walls and around basin.
x Sweep and mop floors.
x Clean and disinfect diaper station.
x Client provides restroom supplies (paper, liquid soap products and trash liners).
KITCHEN AREAS, LUNCHROOMS AND COFFEE BARS PERFORMED
EACH VISIT
x All countertops, sinks and tabletops, will be cleaned with a disinfectant.
x All vinyl and ceramic floors will be swept and mopped.
x Carpeted areas will be vacuumed.
x The outside surfaces of the microwave and refrigerator will be cleaned.
x The inside of the microwave will be wiped clean nightly.
x In Industrial kitchen of Building H, utilize stainless steel cleaner to clean and polish appliances and counters.
124
MONTHLY SERVICES
x All venetian blinds, windowsills and partitions will be dusted.
x kick plates and thresholds will be cleaned.
x Accessible high light fixtures and vents will be dusted.
x Clean all base boards.
x Dust picture frames and glass coverings.
x The perimeter of rooms will be “edged” to remove dust and debris.
QUARTERLY SERVICES
x Wash all interior and exterior windows.
SEMI-ANNUAL SERVICES
x Clean all high duct works and pipes.
SPECIAL SERVICES
x Event services as scheduled.
x Power wash as scheduled
125
60367.01100\33488377.1
B-1
EXHIBIT “B”
SCHEDULE OF SERVICES
In the event that this Agreement is renewed pursuant to Section 3.1.2, the first renewal period shall be from July 1, 2025 to June 30, 2026. Th e second renewal period shall be from July 1, 2026 to June 30, 2027.
126
60367.01100\33488377.1
C-1
EXHIBIT “C”
COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be adjusted each year at the time of renewal described in Exhibit “B” in accordance with the annual average Consumer Price Index of the pri or calendar year, All Urban Consumers, Los Angeles-Long Beach-Anaheim up to a maximum percentage of five percent (5%).
127
128
City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
1 of 8
PURPOSE
To establish Policy and procedures for the prevention and detection of fraud and other related dishonest activities against the City and, when appropriate, to pursue legal remedies available under the law.
This Policy has been established to ensure that elected officials, officers, employees, and members of advisory boards, commissions and committees of the City of Aliso Viejo are aware of the following:
1. Acts that are considered to be fraudulent;
2. Procedures for reporting suspected fraudulent acts;
3. Steps to be taken when fraud or other related dishonest activities are suspected; and
4. Consequences to expect when a dishonest act is reported.
Further, this Policy delineates management’s responsibility for instituting and maintaining a system of internal control to prevent and detect fraud, misappropriations and other irregularities, and to be alert for any indications of such misconduct.
POLICY
1. GENERAL
The City of Aliso Viejo is committed to protecting its assets against the risk of loss or misuse.
Accordingly, it is the policy of the City to identify and promptly investigate any possibility of fraudulent or related dishonest activities against the City and, when appropriate, to pursue legal remedies available under law.
2. DEFINITIONS
a. Fraud
– Fraud and other similar irregularities including, but not limited to:
i. claim for reimbursement of expenses that are not job-related or authorized by current policy;
ii. forgery or unauthorized alteration of documents (checks, time sheets, independent contractor agreements, purchase orders, budgets, etc.); 129
City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
2 of 8
iii. misappropriation of City assets (funds, securities, supplies, furniture, equipment, etc.); iv. improprieties in the handling or reporting of money or financial transactions; v. authorizing or receiving payment for goods not received or services not performed; vi. computer-related activity involving unauthorized alteration, destruction, forgery, or manipulation of data or misappropriation of City-owned software; vii. misrepresentation of information on documents;
viii. any violation of Federal, State, or Local laws related to dishonest activities or fraud; ix. seeking or accepting anything of material value from those doing business with the City, including vendors, consultants, contractors, lessees, applicants, and grantees.
Materiality is determined by the City’s Conflict of Interest Code, which incorporates the Fair Political Practices Commission’s regulations;
x. obtaining profit or personal gain as a result of “insider” knowledge of City activities; xi. disclosing confidential and proprietary information to outside parties; or xii. Intentional, false representation or concealment of material fact for the purpose of personal gain.
b. Employee
– Any individual or group of individuals who receive compensation, either full or part-time, from the City of Aliso Viejo for employment or providing services. The term also includes any volunteer who provides services to the City through an official arrangement with the City or a City organization, as well as consultants, vendors, contractors, outside agencies and/or any other parties with a business relationship with the City of Aliso Viejo. c. Official
- Elected officials, officers, and members of advisory or appointed boards, commissions and committees.
d. Management – Any administrator, manager, director, supervisor, or other individual who manages or supervises funds or other resources, including human resources. 130
City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
3 of 8
e. Internal Auditor – Any person or persons assigned by the City Manager to investigate any fraud or similar activity.
f. External Auditor – Independent audit professionals who perform annual audits of the City’s financial statements.
3. INVESTIGATION
a. It is the City’s intent to fully investigate any suspected acts of fraud. An objective and impartial investigation will be conducted regardless of the position, title, length of service or relationship with the City of any party who might be or become involved in or becomes the subject of such investigation.
b. Each department of the City is responsible for instituting and maintaining a system of internal control to provide reasonable assurance for the prevention and detection of fraud.
Management should be familiar with the types of improprieties that might occur within their area of responsibility and be alert for any indications of such conduct. c. The Internal Auditor, in conjunction with the City Attorney, has the primary responsibility for the investigation of fraud.
d. Throughout the investigation, the Internal Auditor will inform the City Manager of pertinent investigative findings.
e. Employees will be granted “whistle-blower protection,” as described below when acting in accordance with this Policy. When informed of suspected fraud, neither the City nor any person acting on behalf of the City shall:
i. dismiss or threaten to dismiss the Employee reporting the suspected fraud; ii. discipline, suspend, or threaten to discipline or suspend the Employee reporting the suspected fraud;
iii. impose any penalty upon the Employee reporting the suspected fraud, or; iv. intimidate or coerce the Employee reporting the suspected fraud. 131
City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
4 of 8
Violations of these “whistle-blower protections” may result in discipline up to and including dismissal.
f. Upon conclusion of the investigation, the results will be reported to the City Manager. g. The City Manager, following review of investigation results, will take appropriate disciplinary action regarding Employee misconduct. Disciplinary action can include termination of employment or a contract, and referral of the case to the District Attorney’s Office for possible prosecution.
h. The City will pursue every reasonable effort, including court ordered restitution, to obtain recovery of City losses from the offender, or other appropriate sources.
PROCEDURE
1. RESPONSIBILITIES OF OFFICIALS
a. If an Official has reason to suspect that a fraud has occurred, he or she shall immediately contact the City Manager.
b. An Official shall not attempt to investigate the suspected fraud or discuss the matter with anyone other than the City Manager.
c. The alleged fraud or audit investigation shall not be discussed with the media by any person other than through the City Manager in consultation with the City Attorney and the Internal Auditor.
2. MANAGEMENT RESPONSIBILITIES
a. Management is responsible for detecting, preventing and reporting fraud in their areas of responsibility.
b. Each manager should be familiar with the types of fraud that might occur in his or her area and be alert for any indication that fraud is or was in existence in his or her area. c. When fraud is detected or suspected, Management should determine whether an error or mistake has occurred or if there may be dishonest or fraudulent activity. 132
City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
5 of 8
d. If Management determines a suspected activity may involve fraud, they should contact their immediate supervisor. In the event the activity involves the immediate supervisor, the activity should be reported to the Department Director. e. Upon being notified of suspected fraud, Department Directors shall inform the City Manager.
f. Management should not attempt to conduct individual investigations, interviews, or interrogations. However, Management is responsible for taking appropriate corrective actions to ensure adequate controls exist to prevent reoccurrences of fraud. g. Management shall cooperate fully with the Internal Auditor, other involved departments, and law enforcement agencies in the detection, reporting, and investigation of fraud, including the prosecution of offenders.
h. Management will have full and unrestricted access to all necessary records and personnel.
All City furniture and contents, including desks and computers, are open to inspection at any time. There is no assumption of privacy.
i. In dealing with suspected fraud, great care must be taken. Management should not:
i. make accusations;
ii. alert individuals suspected of committing fraud that an investigation is underway; iii. treat individuals suspected of committing fraud unfairly, or; iv. make statements that could lead to claims of false accusations or other offenses. j. In handling suspected fraud activities, Management has the responsibility to:
i. make no contact (unless requested) with the individual suspected of committing fraud to determine facts or demand restitution. Under no circumstances should there be any reference to “what you did”, “the crime”, “the fraud”, “the misappropriation”, etc.; ii. avoid discussing the case, facts, suspicions, or allegations with anyone outside the City, unless specifically directed to do so by the City Attorney; 133
City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
6 of 8
iii. avoid discussing the case with anyone inside the City other than the City Manager, Internal Auditor, or City Attorney or law enforcement personnel; iv. direct all inquiries from the individual suspected of committing fraud, or his or her representative, to the City Manager or City Attorney. All inquiries by an attorney representing the individual suspected of committing fraud should be directed to the City Attorney. All inquiries from the media should be directed to the City Manager, and; v. take appropriate corrective and disciplinary action, up to and including dismissal, if authorized by and in conformance with the City’s personnel policies.
3. EMPLOYEE RESPONSIBILITIES
a. Employees should report detected or suspected fraud to the Employee’s supervisor. b. In the event the suspected fraud involves the Employee’s immediate supervisor, the Employee shall make the report directly to the next higher level of Management and/or the City Manager.
c. The reporting Employee shall refrain from further investigation of the incident, confrontation with the alleged violator, or further discussion of the incident with anyone, unless requested by the City Manager, Internal Auditor, City Attorney, or law enforcement personnel.
4. INTERNAL AUDITOR RESPONSIBILITIES
a. Upon assignment by the City Manager, the Internal Auditor will promptly investigate the fraud.
b. In all circumstances where there appears to be reasonable grounds for suspecting that a fraud has taken place, the Internal Auditor, in consultation with the City Attorney, will contact appropriate law enforcement personnel.
c. The Internal Auditor shall be available and receptive to receiving relevant, confidential information to the extent allowed by law.
d. If evidence is uncovered showing possible fraud, the Internal Auditor will proceed as follows:
134
City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
7 of 8
i. discuss the findings with Management and the City Manager to determine if disciplinary actions should be taken;
ii. report to the External Auditor such activities in order to assess the effect of the fraud activity on the City’s financial statements;
iii. coordinate with Management regarding notifica tion to insurers and filing of insurance claims;
iv. take immediate action, in consultation with the City Attorney, to prevent the theft, alteration, or destruction of evidentiary records. Such action shall include, but is not limited to:
(A) removing the records and placing them in a secure location, or limiting access to the location where the records currently exist, and;
(B) preventing the individual suspected of committing the fraud from having access to the records.
e. In consultation with the City Attorney and appropriate law enforcement personnel, the Internal Auditor may disclose particulars of the investigation with potential witnesses if such disclosure would further the investigation.
f. If the Internal Auditor is contacted by the media regarding an alleged fraud or investigation, the Internal Auditor will direct all inquiries to the City Manager. g. At the conclusion of the investigation, the Internal Auditor will document the results in a confidential memorandum report to the City Manager and the City Attorney. If the report concludes that the allegations are supported by evidence, the report will be forwarded to appropriate law enforcement personnel.
h. Unless exceptional circumstances exist, a person under investigation for fraud is to be given notice in writing of essential particulars of the allegations following the conclusion of the investigation. Where notice is given, the person against whom allegations are being made may submit a written explanation to the Internal Auditor no later than seven (7) calendar days after notice is received.
i. The Internal Auditor shall make recommendations to the appropriate department for 135
City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
8 of 8
assistance in the prevention of future similar occurrences. j. Upon completion of the investigation, including all legal and personnel actions, all records, documents, and other evidentiary material, obtained from the department under investigation will be returned by the Internal Auditor to that department.
DISCIPLINARY ACTIONS
Any Employee found to be responsible for fraud or who knowingly makes false allegations in violation of this Policy shall be subject to appropriate disciplinary action, up to and including termination of employment and/or termination of the contract. The severity of the disciplinary action will be based upon the circumstances of the violation and in accordance with the City’s personnel policies. The City will assess any remedial measures necessary to address and correct the circumstance and prevent reoccurrence in the future. Remedial measures may include, but are not limited to, disciplinary action, reorganization of personnel, training and education, counseling and/or other employee assistance.
EXCEPTIONS
There will be no exceptions to this Policy unless provided and approved by the City Manager and the City Attorney.
136
City of Aliso Viejo
AGENDA ITEM
DATE: February 16, 2022
TO: Mayor and City Council
FROM: Shaun Pelletier, City Engineer
SUBJECT: RESOLUTION FOR THE PAVEMENT MANAGEMENT RELIEF FUNDING
PROGRAM
Recommended Action:
Adopt a resolution authorizing the Project List Submittal for Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) Funding through the Orange County Transportation Authority 2021 Pavement Management Relief Funding Program.
Fiscal Impact:
Subsequent to the adoption of this resolution, the City will receive $200,000 in CRRSAA funding for the Aliso Creek Road Rehabilitation from Enterprise to SR 73 Project.
Background:
The federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) appropriated $10 billion for Highway Infrastructure Programs. The Orange County Transportation Authority (OCTA) is responsible for distributing CRRSAA funds through the 2021 Pavement Management Relief Funding (PMRF) program. To participate in this funding program, local agencies are required to adopt a resolution certifying a project list, which identifies all projects that will use CRRSAA funds. Staff would like to submit a funding application for CRRSAA funds for the Aliso Creek Road Rehabilitation from Enterprise to SR 73 Project.
Discussion:
Funds are apportioned based on population with a guaranteed minimum of $200,000 for each local agency based on population. The City of Aliso Viejo has been allocated $200,000 under the PMRF program. The CRRSAA funds are intended to offset revenue losses due to the coronavirus pandemic. The PMRF program is intended to help local agencies with routine maintenance and rehabilitation of highway infrastructures.
Consistent with the California Transportation Commission (CTC) and the California Department of Transportation (Caltrans) Local Assistance guidelines, the PMRF program 137
guidelines only allow CRRSAA funds to be used for street pavement preservation, preventive maintenance, rehabilitation and reconstruction exclusively. Since this program involves federal funds, local agencies must follow all requirements as established by the CTC, Caltrans, and the Federal Highway Administration FHWA. Construction on the Aliso Creek Road Rehabilitation from Enterprise to SR 73 Project is currently scheduled during FY 2023-24.
Environmental:
This Resolution is not subject to the California Environmental Quality Act (“CEQA”) because the Ordinance does not qualify as a “project” under CEQA and because the Resolution will not result in a direct or reasonably foreseeable indirect physical change in the environment.
Attachment:
1. Resolution
138
RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY OF ALISO VIEJO WHICH CERTIFIES
THAT THE CITY COUNCIL HAS AUTHORIZED THE PROJECT LIST
SUBMITTAL FOR CORONAVIRUS RESPONSE AND RELIEF
SUPPLEMENTAL APPROPRIATIONS ACT OF 2021 (CRRSAA)
FUNDING THROUGH THE ORANGE COUNTY TRANSPORTATION
AUTHORITY 2021 PAVEMENT MANAGEMENT RELIEF FUNDING
PROGRAM
WHEREAS, the City of Aliso Viejo is being provided $200,000 in federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) funding through the 2021 Pavement Management Relief Funding (PMRF) Program; and WHEREAS, the City of Aliso Viejo is eligible to receive federal funding through the California Department of Transportation; and
WHEREAS, the Orange County Transportation Authority (OCTA) is responsible for the distribution of the CRRSAA funding; and
WHEREAS, OCTA has developed guidelines for administering and distributing CRRSAA funds to eligible local agencies through the 2021 PMRF Program; and WHEREAS, the City of Aliso Viejo is the lead agency for project(s) and will comply with all applicable local, state, and federal provisions including but not limited to the Federal Transportation Improvement Program, California Environmental Quality Act, National Environmental Policy Act, Americans with Disabilities Act, and Buy America; NOW, THEREFORE, BE IT FURTHER RESOLVED, by the City Council of the City of Aliso Viejo, that it hereby authorizes the submittal of the following project nomination(s) to OCTA for CRRSAA funding:
Aliso Creek Road Rehabilitation from Enterprise to SR 73 Project for $200,000 in CRRSAA funding.
PASSED, APPROVED AND ADOPTED this 16th day of February, 2022. ____________________________
Ross Chun
Mayor
ATTEST:
________________________________
Mitzi Ortiz, MMC
City Clerk
139
City of Aliso Viejo
AGENDA ITEM
DATE: February 16, 2022
TO: Mayor and City Council
FROM: Shaun Pelletier, City Engineer
SUBJECT: RELEASE OF BONDS FOR THE LANDSCAPING IMPROVEMENTS AT THE 20 ENTERPRISE CASCADES OFFICE CAMPUS PROJECT
Recommended Action:
Adopt a resolution exonerating Landscaping Surety Bond No. PR2729469 for the 20 Enterprise Cascades Office Campus Project.
Fiscal Impact:
No fiscal impact exists.
Background:
The City of Aliso Viejo required bonds for Lockridge Construction, Inc. to assure completion of the landscape improvements at the 20 Enterprise Cascades Office Campus Project. The landscaping surety bond had a total value of $266,118.47.
Discussion:
The 20 Enterprise Cascades Office Campus Project landscaping has been completed.
Staff recommends that the City Council adopt a resolution accepting the improvements at 20 Enterprise and exonerating the bond.
Attachment:
1. Resolution
140
RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, EXONERATING THE LANDSCAPING SURETY
BOND ASSOCIATED WITH THE 20 ENTERPRISE CASCADES OFFICE
CAMPUS PROJECT
WHEREAS, the City of Aliso Viejo, in the normal course of its review role has required surety bonds for the landscape work at the 20 Enterprise Cascades Office Campus Project; and
WHEREAS, the City of Aliso Viejo, has reviewed and inspected all landscape work associated with the landscape improvements at the 20 Enterprise Cascades Office Campus Project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALISO VIEJO AS FOLLOWS:
Section 1: Based upon the inspections conducted by the City Engineer, the City Council of the City of Aliso Viejo accepts the landscape improvements for the 20 Enterprise Cascades Office Campus Project.
Section 2: Based upon the City Engineer’s determination that the landscape work is complete, the City Council of the City of Aliso Viejo exonerates the landscaping surety bonds associated with the landscape improvements at the 20 Enterprise Cascades Office Campus Project.
Landscaping Surety Bond No. PR2729469
Section 3: The City Clerk is hereby authorized and directed to execute a certified copy of this Resolution to be attached to each notice of completion as evidence of the City Council’s acceptance and authorization.
Section 4. The Mayor shall sign this Resolution and the City Clerk shall certify the adoption thereof.
141
PASSED, APPROVED AND ADOPTED this 16th day of February, 2022. ________________________________
Ross Chun
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Scott Smith Mitzi Ortiz, MMC
City Attorney City Clerk
142
City of Aliso Viejo
AGENDA ITEM
DATE: February 16, 2022
TO: Mayor and City Council
FROM: Shaun Pelletier, City Engineer
SUBJECT: BICYCLE MASTER PLAN
Recommended Action:
Provide staff direction on whether to proceed with a bicycle master plan.
Fiscal Impact:
Fiscal impact will vary depending on the direction from Council. A bicycle master plan including feasibility/conceptual study of buffered bike lanes is estimated to cost up to $250,000 depending on the scope of work. This cost would be budgeted in FY 2022-23 if authorized.
Background:
On July 21, 2021, City Council directed staff to investigate the feasibility of creating landscaped buffered bike lanes. The City’s existing bike lanes are shown in Attachment
1. It should be noted that Aliso Creek Road between Pacific Park and Aliso Viejo Parkway (North) does not have an existing bike lane due to excessive driveway access and other right turn pockets that eliminate the ability to effectively stripe a bike lane.
In an initial review of the city’s main arterial streets (Pacific Park/Glenwood, Aliso Creek Road, Aliso Viejo Parkway) it was generally determined that these streets are wide enough for buffered bike lanes to be constructed, however each street and location have different challenges that would need to be considered for actual implementation. The construction cost and level of effort required could vary greatly depending on the type of buffer selected.
It can also be noted separately that Orange County Transportation Authority (OCTA) is currently working on a regional bikeway plan that could be referenced and potentially tied into any local improvements that could connect local and regional facilities, expanding the bikeway system through the County. OCTA is also beginning to review guidance for e- bikes that could potentially assist local agencies in safety and enforcement efforts. 143
Discussion:
Buffered bike lanes, or cycle tracks, can take many different forms. The main goal of these facilities is to provide physical protection to cyclists from vehicular traffic. They are most commonly used on arterial streets with parking lanes that help provide this protective barrier, though they could be installed on any street with enough space to accommodate them.
A physical barrier could take the form of a landscaped buffer, concrete curb or median, bollards/delineators, or simply be pavement markings (Attachment 2). Any existing on- street bike lane that is at least 8’ wide could have a striped buffer added at a relatively low cost and very little lead time to demonstrate a striped cycle track. Very few existing locations are less than 8’.
There are several design factors that need to be carefully reviewed when determining how and where to construct any physical barrier such as a landscaped or concrete median. These include but are not limited to:
Sight Distance
Drainage
Existing Utilities
Driveway/Street Intersection Conflicts
Bridge Deck Widths
Street Sweeping
Adjacent Slope/Property Maintenance Access
Additional Ongoing Landscape/Street Maintenance Costs Given the many different types of cycle tracks and potential design issues, staff would also recommend investigating a slightly different approach in creating an off-street multi- use trail along one side of each arterial street. This would consist of removing the existing sidewalk and curb, relocating the curb, creating the desired 4’ landscape buffer strip, and installing a new 10’ wide asphalt path that could accommodate both pedestrian and bicycle traffic on a two-way trail like that found along the creek.
An extremely rough cost estimate to build this type of trail is in the ballpark of $400 per lineal foot. To complete this path along one side of each major arterial the cost estimate at today’s prices is about $25 million. This includes construction, preparing design documents and any construction management efforts. Cycle tracks that include landscape or concrete medians are likely to cost even more since work would be required on both sides of the street.
Staff respectfully requests City Council direction on whether to move forward with a bicycle master plan including feasibility or conceptual study of installing buffered bike lanes. The plan would include review of existing bikeways, conceptual designs, construction cost estimates, a general review of constructability, and prioritization of projects. The cost of the study would depend upon the number of design concepts 144
requested, and the number/length of streets that are included. The cost could be up to $250,000 and budgeted in FY 2022-23. Staff would recommend a brief workshop or presentation by our consultant prior to finalizing the scope of work and cost of the plan.
Environmental:
A feasibility study would not require environmental review as it is not considered a project under CEQA. Any potential projects proposed in a study would be reconsidered for environmental review as needed.
Attachments:
1. Existing Bike Lanes
2. Cycle Track Examples
145
A r c G I S W e b M a p
© 2 0 1 9 M ic r o s o f t C o r p o r a t io n © 2 0 1 9 D ig it a lG lo b e © C N E S ( 2 0 1 9 ) D is t r ib u t io n A ir b u s D S © 2 0 1 9 H E R E B ik e w a y s
C la s s I – O f f R o a d B ik e w a y
C la s s I I – O n - R o a d S t r ip e d B ik e w a y 1 1 / 1 9 / 2 0 1 9 , 3 : 0 6 : 0 0 P M
0 0 . 4 0 . 80 . 2 m i
0 0 . 6 5 1 . 30 . 3 3 k m
1 : 3 0 , 0 0 0
P u b lic W o r k s
© 2 0 1 9 M ic r o s o f t C o r p o r a t io n , © 2 0 1 9 D ig it a lG lo b e , © C N E S ( 2 0 1 9 ) D is t r ib u t io n A ir b u s D S , © 2 0 1 9 H E R E | E s r i, H E R E | 146
Landscape Buffered Cycle Tracks
147
Striping/Bollard Buffered Cycle Tracks
148
Multi-Use Trail
149
60367.01100\34659702.4
City of Aliso Viejo
AGENDA ITEM
DATE: February 16, 2022
TO: Mayor and City Council
FROM: Scott Smith, City Attorney
SUBJECT: CONSIDERATION OF ORDINANCE OR BALLOT MEASURE REQUIRING
SPECIAL ELECTIONS TO FILL COUNCIL VACANCIES
Recommended Actions:
Discussion and consideration of the following alternatives:
1. Introduce and waive first reading of an Ordinance of the City of Aliso Viejo, California Adding Section 2.04.135 to the Aliso Viejo Municipal Code Regarding Council Vacancies (Attachment 1); OR
2. Adopt a resolution submitting a ballot measure to the voters requiring that Council vacancies be filled by special election (Attachment 2); OR
3. Leave intact the status quo under which each Council may choose whether to fill vacancies of less than two years by appointment or special election (no action).
Fiscal Impact:
None at this time. However, the estimated cost to add a measure to the November 8, 2022 General Municipal Election would be approximately $9,000 and could be covered in the FY 2022-23 budget. Special elections to fill Council vacancies can range from approximately $100,000 to $200,000 depending on whether it is a mailed ballot and whether other items are included on the ballot.
Background:
When a vacancy occurs on the City Council, the Council must choose to fill that vacancy by appointment or special election. An appointee cannot serve for more than one-half of an outstanding Council term; thus, if a vacant term has more than two years remaining, a Council appointee serves only until the next general election where they must face election for the remainder of the term. At its December 1, 2021 meeting, the City Council asked staff to agendize a discussion of this issue, including presentation of two potential enactments to eliminate that choice, either by (1) a Council ordinance requiring that all 150
60367.01100\34659702.4
Council vacancies be filled by special election, which could be changed by a new Council ordinance, or (2) a ballot measure to be submitted to the voters requiring that all Council vacancies be filled by special election, which could only be changed by a subsequent ballot measure.
Discussion:
Government Code Section 36512 provides that if a vacancy occurs on the City Council, the Council must fill the vacancy within 60 days by either appointing a replacement or by calling a special election. (Gov. Code, § 36512(b).)
If the Council makes an appointment and the appointee assumes less than a two-year term, the appointee serves the remainder of their predecessor’s term. If the appointee assumes more than a two-year term, the appointee must stand for election at the next general election. A special election to fill a vacancy must be held on the next regularly scheduled election date not less than 114 days from the date the election is called. This means that a special election to fill a vacancy must occur at the next available statewide election date (which dates are not necessarily November of even-numbered years). The person elected to fill the vacancy holds office for the unexpired term of the former incumbent. (Gov. Code, § 36512(b)(1).)
Government Code section 36512 allows the City Council by ordinance to eliminate the appointment option and self-impose a special election requirement every time a vacancy occurs. (Gov. Code, § 36512(c)(1).) With this ordinance in place, for every subsequent vacancy, the City Council must skip the appointment process and proceed directly to calling and funding a special election. Although the ordinance could be repealed by subsequent Councils, its deadlines are too tight for a repeal to occur during the pendency of a vacancy. (In other words, because the deadlines to fill a vacancy are shorter than the time it takes to repeal an ordinance, a Council wishing to reinstate the appointment option would have to do so outside the deadline for filling a particular vacancy.) The Council could exercise the first option by adopting the ordinance in Attachment 1.
Adopting this ordinance would impose the special election requirement each time a vacancy occurs. It would leave future City Councils the option of repealing the election- only limitation but not during the pendency of an actual vacancy. Such a reversion would have to happen between vacancies.
A second and much more binding option is submitting a ballot measure to voters pursuant to Elections Code section 9222 to ask them whether the appointment option for vacancies should be eliminated. Such a ballot measure would be substantially similar to Attachment
2. It asks voters whether the Aliso Viejo Municipal Code should be amended to require a special election whenever a vacancy arises on the Council. If the ballot measure is approved by a majority of voters, then future City Councils would not have the option of appointments to fill vacancies, but rather would be required to immediately call a special election every time a vacancy occurs. Future City Councils would not have the ability to revert to a process for filling vacancies by appointment. Such change could only occur by a vote amending the initiative measure. (Elections Code, § 9217). 151
60367.01100\34659702.4
The first option would be effectuated via the standard ordinance adoption process (i.e., with a first and second reading before the City Council) (see Attachment 1). The second option would be effectuated by the Council adopting a resolution (see Attachment 2) that formally initiates the process for placing the measure on the November 8, 2022 ballot.
The Council could also decide to take no further action, which would maintain the status quo and enable future City Councils to fill vacancies by appointment or a special election.
Under this scenario, each Council would have the option of an appointment or special election for each vacancy.
The most significant consideration of this issue is the cost. Without the appointment option, each Council vacancy would require a special election at the first opportunity. The range of costs for doing this is very broad. If the first available election allowed the inclusion of the vacancy question in a general election ballot, the costs would not be significant. However, if the first available election date necessitated a special election on just filling the vacancy, such election could cost $100,000-$200,000. Subsequent Councils could not avoid this cost. A Council facing a vacancy with a Council-imposed limitation would have no choice but to call the election, with the option of repealing the ordinance thereafter. A Council facing a vacancy with an electorate-imposed limitation would have no choice but to call the election and would lack the ability to repeal the limitation without an initiative vote.
Environmental:
There is no environmental impact related to this item.
Public Notice:
Through the normal agenda posting process.
Attachments:
1. Draft Council Ordinance
2. Draft Resolution re Ballot Measure
152
ORDINANCE NO. 2022-___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA ADDING SECTION 2.04.135 TO THE ALISO VIEJO
MUNICIPAL CODE REGARDING COUNCIL VACANCIES
WHEREAS, the City of Aliso Viejo (“City”) is governed by a five-member elected City Council, whose members are generally elected to staggered four-year terms on the first Tuesday after the first Monday of November of even-numbered years; and WHEREAS, from time to time, it is possible that a vacancy will occur before a Councilmember’s term is scheduled to expire (e.g., a Councilmember resigns during their term); and
WHEREAS, when a vacancy arises on the City Council, State law provides that the Council must, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election. (Gov. Code, § 36512(b)); and WHEREAS, State law allows the Council to limit its options in this scenario to calling a special election rather than having the option of appointing someone to fill the vacancy. (Gov. Code, § 36512(c)(1)); and
WHEREAS, the Aliso Viejo Municipal Code (“AVMC”) currently does not contain procedures for filling City Council vacancies; and
WHEREAS, the City Council desires to amend the AVMC to require a special election to fill vacancies that arise on the Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALISO VIEJO AS FOLLOWS:
SECTION 1 . Recitals. The City Council hereby finds and determines that the recitals above are true and correct and are incorporated herein.
SECTION 2 . CEQA. The City Council hereby finds and determines that this Ordinance relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, Section 15378(b)(5).
SECTION 3 . Code Amendment . The Aliso Viejo Municipal Code is hereby amended to add Section 2.04.135 (Council Vacancies) to Chapter 2.04 (City Council) of Title 2 (Administration and Personnel) to read as follows:
153
-2-
“2.04.135 Term Limits
A. If a vacancy occurs on the City Council, the Council shall immediately call a special election to fill the vacancy.
B. The election shall be held on the next regularly scheduled election date that is not less than 114 days from the date the election is called.”
SECTION 4 . Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable.
The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.
SECTION 5. Effective Date . This Ordinance shall take effect 30 days after its adoption.
SECTION 6. Publication. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within 15 days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
SECTION 7. Record of Proceedings. The documents and materials associated with this ordinance that constitute the record of proceedings on which these findings are based are located at Aliso Viejo City Hall, 12 Journey, Aliso Viejo, California 92656. The City Clerk is the custodian of the record of proceedings.
PASSED, APPROVED AND ADOPTED this ____ day of _________, 2022, by the City Council of the City of Aliso Viejo, California, by the following vote:
_____________________________________
Ross Chun, Mayor
APPROVED AS TO FORM: ATTEST:
_________________________ _____________________________________ Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 154
-3-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that foregoing Ordinance No. 2022-___ was duly passed and adopted by the City Council of the City of Aliso Viejo at its regular meeting held on the ____day of _______, 2022, by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
155
RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA SUBMITTING TO THE QUALIFIED VOTERS OF
THE CITY AN ORDINANCE AMENDING THE ALISO VIEJO MUNICIPAL CODE TO ADD SECTION 2.04.135 REGARDING COUNCIL VACANCIES
AT THE REGULAR MUNICIPAL ELECTION TO BE CONSOLIDATED
WITH THE STATEWIDE GENERAL ELECTION TO BE HELD
NOVEMBER 8, 2022
WHEREAS, the City of Aliso Viejo (“City”) is governed by a five-member elected City Council, whose members are generally elected to staggered four-year terms on the first Tuesday after the first Monday of November of even-numbered years; and WHEREAS, from time to time, it is possible that a vacancy will occur before a Councilmember’s term is scheduled to expire (e.g., a Councilmember resigns during his or her term); and
WHEREAS, when a vacancy arises on the City Council, State law provides that the Council must, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election (Gov. Code, § 36512(b).); and WHEREAS, State law allows the Council to limit its options in this scenario to calling a special election rather than having the option of appointing someone to fill the vacancy (Gov. Code, § 36512(c)(1)); and
WHEREAS, the Aliso Viejo Municipal Code (“AVMC”) currently does not contain procedures for filling City Council vacancies; and
WHEREAS, pursuant to Elections Code section 9222, the City Council has the authority and desires to submit to the voters a ballot measure for their consideration and possible adoption at the statewide general election held on November 8, 2022;1 and WHEREAS, the ballot measure will ask voters whether the AVMC should be amended to require a special election to fill any vacancy that arises on the Council; and WHEREAS, the specific terms of the ballot measure are provided for in the ordinance to be considered by the voters is attached as Exhibit “A” and incorporated herein; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALISO VIEJO AS FOLLOWS:
1 AVMC section 1.12.010(A) provides that the City’s general municipal elections shall be held on the same day as the statewide general election, which is the first Tuesday after the first Monday in November of each even-numbered year.
For 2022, the first Tuesday after the first Monday is November 8th. 156
SECTION 1 . Recitals. The City Council hereby finds and determines that the recitals of this resolution are true and correct and are incorporated herein.
SECTION 2. Submission of Ballot Measure . The City Council, pursuant to its authority under Elections Code section 9222, hereby orders that the ordinance attached hereto as Exhibit “A” be submitted to the qualified voters of the City at the statewide general election held on Tuesday, November 8, 2022. The proposed ordinance shall be in the form attached hereto as Exhibit “A.”
SECTION 3. Ballot Measure. The City Council, pursuant to its authority under Elections Code section 9222, hereby orders that the ballot measure shall be presented and printed upon the ballot submitted to qualified voters in the manner as set forth in this section below (the “Measure”). On the ballot to be submitted to qualified voters, there shall be printed substantially in the following:
Shall an ordinance be adopted by the City of Aliso Viejo that requires the City Council to fill any vacancy on the Council by immediately calling for a special election and not by appointment?
YES
NO
SECTION 4. Election Procedures.
A. The City Council consents to the consolidation of the election on this ballot Measure with all other elections being held in the same territory on Tuesday, November 8, 2022, and to hold and conduct the consolidated election in the manner prescribed in Election Code section 10418.
B. The ballots to be used at the election shall be in the form and content as required by law.
C. In accordance with Elections Code section 10002, the Board of Supervisors of Orange County is hereby requested to consent to having the Registrar of Voters render such election services to the City of Aliso Viejo as may be requested by the City Clerk of said City. The County of Orange shall be reimbursed in full for such services as are performed.
D. The election services which the City of Aliso Viejo requests the Registrar of Voters, or such other official as may be appropriate, to perform and which such officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include:
the preparation, printing and mailing of sample ballots and polling place cards; the establishment or appointment of precincts, polling places, and election officers, and making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths and other necessary supplies or materials for polling places; the canvassing of the returns of the election and the furnishing of the results of such 157
canvassing to the City Clerk of the City of Aliso Viejo; and the performance of such other election services as may be requested by the City Clerk.
E. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
F. The polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Elections Code section 14401.
G. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.
H. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.
I. All ballots shall be tallied at a central counting place and not at the precincts.
Said central counting place shall be at a County center as designated by the Registrar of Voters.
J. The Orange County Registrar of Voters is hereby authorized to canvass the returns of said election.
K. The City Clerk of the City of Aliso Viejo shall receive the canvass as it pertains to the election on the Measure, and shall certify the results to the City Council, as required by law.
SECTION 5. Arguments and Impartial Analysis.
A. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above Measure, (iii) a bona fide association of citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the Measure, in accordance with Elections Code section 9280 et seq. and may change the argument until and including Friday, August 12, 2022 (unless the Registrar requires additional lead time), after which no arguments for or against the Measure may be submitted to the City Clerk. Arguments in favor of or against the Measure shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the “Form of Statement to be filed by Author(s) of Argument” as provided by the City Clerk. 158
B. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.
C. Pursuant to California Elections Code section 9280, the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the Measure.
The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the ballot pamphlet along with the ballot Measure as provided by law. The impartial analysis shall be filed by the deadline set for filing of primary arguments as set forth in subsection A above. The impartial analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the Measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10- font bold type, the following:
The above statement is an impartial analysis of Measure ____. If you desire a copy of the ordinance, please call the election official’s office at (insert phone number) and a copy will be mailed at no cost to you.
SECTION 6. Rebuttals.
A. That pursuant to California Elections Code section 9285, when the Clerk has selected the arguments for and against the Measure which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the Measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than Monday, August 22, 2022 (unless the Registrar establishes an earlier date), accompanied by the “Form of Statement to be filed by Author(s) of Argument” as provided by the City Clerk. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
B. That the provisions herein shall apply only to the election to be held on November 8, 2022, and shall then be repealed.
SECTION 7. Placement on the Ballot . The full text of the Ordinance/Measure shall be printed in the voter pamphlet, and a statement shall be printed in the ballot pursuant to Elections Code section 9223 advising voters that they may obtain a copy of this Ordinance/Measure at no cost, upon request made to the City Clerk. 159
SECTION 8. Delivery of Resolution to Count. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
The City Council directs the City Clerk to deliver copies of this resolution, including the Ordinance/Measure attached hereto as Exhibit “A”, to the Clerk of the Board of Supervisors of Orange County and to the Registrar of Voters of Orange County.
SECTION 9 . CEQA. The City Council hereby finds and determines that the Measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, Section 15378(b)(5).
SECTION 10. Severability. If any provision of this resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the resolution which can be given effect without the invalid provision or application, and to this end the provisions of this resolution are severable.
The City Council hereby declares that it would have adopted this resolution irrespective of the invalidity of any particular portion thereof.
SECTION 11 . Effective Date of Resolution . This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this ____ day of _________, 2022. _________________________
Ross Chun, Mayor
APPROVED AS TO FORM: ATTEST:
_________________________ _________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 160
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that the foregoing is the original of Resolution No. 2022-__ duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the ___ day of _______, 2022, by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
__________________________
Mitzi Ortiz, MMC, City Clerk
(SEAL)
161
EXHIBIT “A”
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF ALISO VIEJO, CALIFORNIA,
AMENDING THE ALISO VIEJO MUNICIPAL CODE TO ADD SECTION
2.04.135 REGARDING COUNCIL VACANCIES, SUBJECT TO THE
APPROVAL OF THE ELECTORS VOTING ON THE MEASURE IN THE
GENERAL ELECTION HELD ON TUESDAY, NOVEMBER 8, 2022
SECTION 1. Council Vacancies. Subject to the approval of a majority of the voters of the City of Aliso Viejo, the Aliso Viejo Municipal Code is hereby amended to add Section 2.04.135 (Council Vacancies) to Chapter 2.04 (City Council) of Title 2 (Administration and Personnel) to read as follows:
“2.04.135 Term Limits
A. If a vacancy occurs on the City Council, the Council shall immediately call a special election to fill the vacancy.
B. The election shall be held on the next regularly scheduled election date that is not less than 114 days from the date the election is called.”
SECTION 2 . Voter Approval, Prospective Application, and Effective Date .
Except as provided in section 3 below, this ordinance shall take effect if approved by a majority of eligible voters of the City of Aliso Viejo voting in the general election held on Tuesday, November 8, 2022 and shall only apply prospectively to any vacancy that arises after the November 8, 2022 election. If so approved, this Ordinance becomes effective 10 days after the City Council declares and certifies the results of the election by resolution.
SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof.
SECTION 4. Publication. The City Clerk is hereby directed to publish this ordinance at least once, within 15 days after the election results are certified, in a newspaper of general circulation published and circulated in the City of Aliso Viejo.
I certify that Ordinance No. ____ was adopted by the electorate of the City of Aliso Viejo at the general election held on November 8, 2022. This ordinance was adopted as 162
a result of the passage of Measure ____. Please refer to Resolution No. ____ for the recitation of the election results.
__________________________________
Mitzi Ortiz, MMC, City Clerk
(SEAL)
163