Agenda packet — Aliso Viejo City Council, June 15, 2022 (part 1 of 3)

1 AGENDA

ALISO VIEJO CITY COUNCIL
WEDNESDAY, JUNE 15, 2022
6:30 PM CLOSED SESSION
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 meetings 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 t he following sources:

• Cox Communications Channel 851
• AT&T U-Verse Channel 99
• Online at www.avcity.org
• Online via GoToWebinar at https://attendee.gotowebinar.com/register/1596964097157751312

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/1596964097157751312. 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 available 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 are availa ble 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 specific age nda 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 REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: 38 Colonial Way, Aliso Viejo, CA 92656 APN: 629-531-77 Agency Designated Negotiator(s): Mayor and City Manager Negotiating Parties: City of Aliso Viejo, William Zapata and/or their authorized representatives
Under Negotiation: Price and terms of payment for potential sale

CALL TO ORDER: CONVENE REGULAR MEETING

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ROLL CALL

PLEDGE OF ALLEGIANCE:

REPORT FROM CLOSED SESSION:

1. SPECIAL PRESENTATIONS:

1.1. FEATURED BUSINESS OF THE MONTH - GLAUKOS
Certificate of Recognition

1.2. TRUSTED PARTNER RECOGNITION - ALISO VIEJO CHAMBER OF COMMERCE Certificate of Recognition

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/1596964097157751312. Comments are limited to three (3) minutes each. In compliance with the Brown Act, no discussion or action may be taken 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.

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
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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 June 1, 2022 Regular Meeting.

Draft Minutes - June 1, 2022 Regular Meeting

4.4. SECOND READING AND ADOPTION OF AN ORDINANCE REGARDING TRANSIENT

LODGING OCCUPANT REGISTRATION
Recommended Action: Conduct second reading and adopt Ordinance entitled: AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA AMENDING CHAPTERS 3.06 AND 15.18 OF THE ALISO VIEJO MUNICIPAL CODE

REGARDING TRANSIENT LODGING OCCUPANT REGISTRATION AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

Staff Report
Attachment 1 - Ordinance

4.5. SECOND READING AND ADOPTION OF AN ORDINANCE PROHIBITING UNLAWFUL

POSSESSION OF CATALYTIC CONVERTERS IN THE CITY OF ALISO VIEJO Recommended Action: Conduct second reading and adopt Ordinance entitled: AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, ADDING CHAPTER 8.36 (UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER PROHIBITED) TO TITLE 8 (PUBLIC PEACE, MORALS AND WELFARE) OF THE ALISO

VIEJO MUNICIPAL CODE ESTABLISHING REGULATIONS PROHIBITING THE

UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY OF ALISO VIEJO.

Staff Report
Attachment 1 - Ordinance

4.6. ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued May 26, 2022, in the amount of $389,823.15.

Staff Report
Attachment 1 - Accounts Payable Report

4.7. PROFESSIONAL SERVICES AGREEMENT WITH MIKE LINARES, INC. FOR THE PREPARATION OF THE CITY’S CDBG CONSOLIDATED PLAN AND THE CDBG PROGRAM ADMINISTRATION FOR FY 2022/23 - 2024/25
Recommended Action: Approve and authorize the City Manager to execute a Professional Services Agreement with Mike Linares, Inc. for a three- year term (July 1, 2022 through June 30, 2025) with the ability to extend for an additional two years at the City Manager’s discretion.

Staff Report
Attachment 1 - Agreement
Attachment 2 - Request for Proposals
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4.8. PROFESSIONAL SERVICES AGREEMENT WITH BECKY CAHA , INDEPENDENT

CONTRACTOR, FOR AFFORDABLE HOUSING IMPLEMENTATION SERVICES Recommended Action: Approve and authorize the City Manager to execute a Professional Services Agreement (PSA) with Becky Caha, Independent Contractor, for Affordable Housing Implemen tation Services for a three- year term with the ability to extend for an additional two years at the City Manager’s discretion.

Staff Report
Attachment 1 - Agreement
Attachment 2 - Request for Proposals

4.9. FISCAL YEAR 2022 -23 PROJECT LIST FOR ROAD MAINTENANCE AND REHABILITATION ACCOUNT FUNDING (SB 1)
Recommended Action: Adopt a Resolution of the Cit y Council of the City of Aliso Viejo which adopts a list of projects for fiscal year 2022 -23 funded by SB 1: The Road Repair and Accountability Act of 2017.

Staff Report
Attachment 1 - Resolution

4.10. RENEWED MEASURE M ELIGIBILITY
Recommended Action:

1. Adopt a 7-year Capital Improvements Program (CIP) for Street Projects; and

2. Adopt a Resolution of the City Council of the City of Aliso Viejo concerning the status of the Pavement Management Plan.

Staff Report
Attachment 1 - 7-Year CIP
Attachment 2 - Resolution
Attachment 3 - Pavement Management Plan

4.11. BIENNIAL REVIEW OF THE CITY’S CONFLICT OF INTEREST CODE Recommended Action: Direct staff to review the City’s Conflict of Interest Code for updates and submit its findings to Council by October 1, 2022.

Staff Report

4.12. AGREEMENT FOR FY 2022-23 LAW ENFORCEMENT SERVICES Recommended Action: Approve and authorize the City Manager to execute the agreement with the County of Orange for FY 2022-23 law enforcement services.

Staff Report
Attachment 1 - Agreement
Attachment 2 - Cost Spreadsheet

5. PUBLIC HEARINGS:

5.1. REQUEST TO APPROVE PLANNING APPLICATION PA21 -027 (CUP) FOR A

CONDITIONAL USE PERMIT TO ESTABLISH AN AUTOMOTIVE REPAIR FACILITY (TESLA COLLISION CENTER) AT 41 COLUMBIA
Recommended Action:
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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 a Resolution approving Planning Application PA21- 027 (CUP) for a conditional use permit to establish an automotive repair facility at 41 Columbia.

Staff Report
Attachment 1 - Resolution
Attachment 2 - Project Description Letter
Attachment 3 - Project Plans
Attachment 4 - Presentation

5.2. MASTER FEE SCHEDULE
Recommended Action:

1. Conduct a public hearing;

2. Declare that the project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) and Section 15273(a)(1) of Title 14 of the California Code of Regulations;

3. Adopt a Resolution establishing and amending user fees for various City services including credit card processing, electric vehicle charging, and hourly rentals at Iglesia Park Community Center; and

4. Authorize the City Manager, or his/her designee, to adjust fees on an annual basis using inflationary indexes.

Staff Report
Attachment 1 - Resolution
Attachment 2 - Fees and Calculations

6. DISCUSSION:

6.1. PROPOSED ANNUAL BUDGET FOR FISCAL YEAR 2022-23
Recommended Action:

1. Adopt a Resolution adopting the Annual Budget for Fiscal Year 2022-23; and

2. Adopt a Resolution approving updated Salary Schedules, including cost of living adjustments and the addition of a new full-time classification.

Staff Report
Attachment 1 - Budget Resolution
Attachment 2 - Proposed Budget
Attachment 3 - CIP List
Attachment 4 - Salary Schedule Resolution
Attachment 5 - Salary Schedule
Attachment 6 - GANN Calculation
Attachment 7 - Budget Presentation

7. CITY MANAGER' S REPORT:

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8. A NNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:

9. ADJOURNMENT:

Adjourn to July 20, 2022. The regularly scheduled City Council meeting of July 6, 2022 has been cancelled.
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Presented to

GLAUKOS

Aliso Viejo
Business of the Month
June 2022

Presented this 15th day of June, 2022

Ross Chun, Mayor
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Presented to

ALISO VIEJO CHAMBER OF

COMMERCE

Trusted Partner Supporting the
City of Aliso Viejo

June 2022

Presented this 15th day of June, 2022

Ross Chun, Mayor
9 City of Aliso Viejo

AGENDA ITEM
DATE: June 15, 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

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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
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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

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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
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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
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Regular Meeting Minutes

CITY OF ALISO VIEJO

CITY COUNCIL MINUTES

REGULAR MEETING
June 1, 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

ANN EIFERT, FINANCIAL SERVICES DIRECTOR

SHAUN PELLETIER, PUBLIC WORKS DIRECTOR

GEORGE BUELL, INTERIM COMMUNITY DEVELOPMENT DIRECTOR

LIZZY MENDOZA, RECREATION & COMMUNITY SERVICES MANAGER

ISAAC AZIZ, INFORMATION TECHNOLOGY MANAGER
CAPT. SCOTT MERRILL, CHIEF OF POLICE SERVICES
PLEDGE OF ALLEGIANCE: Councilmember Richard Hurt led the pledge of allegiance.

1. SPECIAL PRESENTATIONS:

None.

2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:

Mayor Chun requested the addition of an item to authorize the use of City letterhead for correspondence expressing condolences to the family of Dr. John Cheng. 15

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Regular Meeting Minutes
Motion: Councilmember Munzing moved and Mayor Pro Tem Hurt seconded to approve the addition of the item as Consent Calendar Item 4.13. Motion carried 5-0.

3. COMMUNITY INPUT:

1. Gary Alldredge expressed concerns regarding e-bike safety and regulations.

2. Erik Hansen expressed concerns regarding e-bike safety and public outreach.

3. Lesa Lockridge expressed concerns regarding park safety and lighting.

4. April Palmer indicated interest in an update on Aliso Viejo Town Center revitalization.

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.

4.2. 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.

4.3. APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the May 4, 2022 Regular Meeting.

4.4. ACCOUNTS PAYABLE
Recommended Action:

1. Ratify accounts payable checks and electronic funds transfers issued April 28, 2022, in the amount of $390,592.35; and

2. Ratify accounts payable checks and electronic funds transfers issued May 12, 2022, in the amount of $1,256,184.36.

4.5. TREASURER’S STATEMENT – MARCH 2022
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Regular Meeting Minutes
Recommended Action: Approve March 2022 Treasurer’s Statement.

4.6. AUTHORIZED OFFICERS FOR LOCAL AGENCY INVESTMENT FUND (LAIF) Recommended Action: Adopt Resolution No. 2022-09 to update the City employees authorized to order the deposit or withdrawal of monies in the Local Agency Fund (LAIF) and rescinding Resolution No. 2006-027.

4.7. PROFESSIONAL SERVICES AGREEMENT WITH ROGERS, ANDERSON, MALODY &

SCOTT, LLP FOR AUDITING SERVICES
Recommended Action:

1. Approve the agreement with Rogers, Anderson, Malody & Scott, LLP for auditing services; and

2. Authorize the City Manager to execute the agreement for an amount not to exceed $36,000.

4.8. AQUATIC CENTER MANAGEMENT SERVICES AGREEMENT WITH PREMIER

AQUATIC SERVICES
Recommended Action: Approve and authorize the City Manager to execute the Aquatic Center Management Services Agreement with Premier Aquatic Services.

4.9. CONTRACT WITH ALL AMERICAN ASPHALT FOR THE FY 22-2 3 SLURRY SEAL AND

REHABILITATION PROJECT
Recommended Action:

1. Approve Contract Documents, Specifications, and Plans for the FY 22- 23 Slurry Seal and Rehabilitation Project;

2. Award a contract in the amount of $1,362,775.83 to All American Asphalt as the lowest responsible bidder for the FY 22-23 Slurry Seal and Rehabilitation Project;

3. Authorize the City Manager to execute a contract with All American Asphalt;

4. Authorize City staff to make total compensation to All American Asphalt up to $1,362,775.83 plus $136,277.58 (10% of the contract amount) to allow for contingencies, totaling $1,499,053.41; and

5. Declare this project categorically exempt from the California Environmental Quality Act (CEQA) process Per Title 14 of the California Code of Regulations, Chapter 3, Article 19, Section 15301 (Class 1: Existing Facilities).

4.10. THREE-YEAR AGREEMENT WITH NV5, INC. FOR CONSTRUCTION INSPECTION

SERVICES
Recommended Action:

1. Approve a 3- year agreement with NV5, Inc. to perform construction inspection services; and
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Regular Meeting Minutes

2. Authorize the City Manager to execute a professional services agreement with NV5, Inc. for an amount of approximately $100,000 annually not to exceed $300,00 0 over the 3-year term of the agreement.

4.11. AGREEMENTS WITH RICHARD FISHER ASSOCIATES AND RJM DESIGN GROUP, INC. FOR LANDSCAPE ARCHITECTURE AND INSPECTION SERVICES Recommended Action:

1. Approve an agreement with Richard Fisher Associates to perform landscape architecture and inspection services for an amount not to exceed $300,000;

2. Approve an agreement with RJM Design Group, Inc. to perform landscape architecture and inspection services for an amount not to exceed $100,000; and

3. Authorize the City Manager to execute professional services agreements with Richard Fisher Associates and RJM Design Group, Inc.

4.12. GENERAL MUNICIPAL ELECTION – NOVEMBER 8, 2022
Recommended Action:

1. Adopt Resolution No. 2022-10 calling for the holding of a General Municipal Election to be held on Tuesday, November 8, 2022, for the election of certain officers as required by the provisions of the laws of the State of California relating to general law cities and for the submission to the voters a question relating to establishing term limits for Members of the City Council;

2. Adopt Resolution No. 2022-11 requesting the Orange County Board of Supervisors to consolidate a General Municipal Election to be held on Tuesday, November 8 , 2022, with the Statewide General Election to be held on the date pursuant to § 10403 of the Elections Code; and

3. Adopt Resolution No. 2022-12 adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, November 8, 2022.

4.13 REQUEST TO AUTHORIZE USE OF CITY LETTERHEAD
Mayor Chun provided an overview. Councilmembers commented on the matter.

Recommended Action: Authorize the use of City letterhead for correspondence expressing condolences to the family of Dr. John Cheng.

Motion: Councilmember Munzing moved and Councilmember Ackley seconded t o approve the recommended action. Motion carried 5-0.

5. PUBLIC HEARINGS:

5.1. ORDINANCE REGARDING TRANSIENT LODGING OCCUPANT REGISTRATION 18

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Regular Meeting Minutes
City Manager David Doyle introduced City Attorney Scott Smith, who provided an overview. Mayor Chun opened the public hearing and the following persons provided comment:

1. Lynn Mohrfeld (California Hotel/Lodging Association) expressed concern with the absence of short-term rentals in the proposed ordinance.

There were no other comments. Mayor Chun closed the public hearing. Staff responded to questions regarding short-term rentals. Councilmembers commented on the matter.

Recommended Action:

1. Open the public hearing, take any public testimony, and close the public hearing;

2. Find that the Ordinance is not subject to the requirements of the California Environmental Quality Act for the following reasons:
a) The Ordinance is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines because it has no potent ial for resulting in direct or indirect physical change in the environment;
b) The Ordinance is exempt under Section 15061(b)(3), the general rule exemption, because it can be seen with certainty that there is no possibility that the code amendments therein will have a significant effect on the environment; and

3. Introduce for first reading an Ordinance entitled: ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA AMENDING CHAPTERS

3.06 AND 15.18 OF THE ALISO VIEJO MUNICIPAL CODE REGARDIN G

TRANSIENT LODGING OCCUPANT REGISTRATION AND FINDING THE

ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

Motion: Mayor Pro Tem Hurt moved and Councilmember Ackley seconded to approve the recommended actions. Motion carried 5-0.

6. DISCUSSION:

6.1. ORDINANCE PROHIBITING UNLAWFUL POSSESSION OF CATALYTIC

CONVERTERS IN THE CITY OF ALISO VIEJO
City Manager David Doyle introduced Chief of Police Services Scott Merrill,who provided an overview. Staff responded to questions regarding etching, and theft prevention efforts.

Councilmembers commented on the matter.

Recommended Action: Introduce an O rdinance for first reading, entitled: AN

VIEJO MUNICIPAL CODE ESTABLISHING REGULATIONS PROHIBITING THE

UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY OF ALISO VIEJO.
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Regular Meeting Minutes
Motion: Councilmember Ackley moved and Mayor Pro Tem Hurt seconded to approve the recommended actions. Motion carried 5-0.

6.2. DRAFT ANNUAL BUDGET FOR FY 2022-23
City Manager David Doyle introduced Financial Services Director Ann Eifert,who provided an overview. Staff responded to questions regardingunallocated General Fund Reserves, investment revenue, unfunded pension liability, public safety costs, property tax revenue, animal control services. Councilmembers commented on the matter.

Recommended Action:

1. Review the draft FY 2022-23 Annual Budget;

2. Authorize Cost of Living adjustment (4.3%) effective July 1, 2022 ($123,615); and

3. Provide any additional direction to staff regarding the draft FY 2022-23 Budget.

Motion: Councilmember Harrington moved and Mayor Pro Tem Hurt seconded to approve the recommended actions. Motion carried 5-0.

7. CITY MANAGER' S REPORT:

City Manager David Doyle reported on school safety efforts; announced Summer Camp registration and scholarship opportunities; Certified Farmers’ Market held from 8:00 a.m. to 1:00 p.m. on Saturdays at Aliso Viejo Town Center; and Furry Friends Pet Fair to be held from 8:00 a.m. to 12:00 p.m. on August 6, 2022 at Aliso Viejo Ranch;

8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:

Councilmember Ackley:
 Commented on school safety
Councilmember Harrington: None
Councilmember Munzing:
 Commented on school safety
Mayor Pro Tem Hurt:
 Commented on school safety
 Attended Soka University Public Policy student presentations Mayor Chun:
 Attended Red Cross Sound the Alarm Event on May 21, 2022  Attended Aliso Niguel High School PTSA Meeting
 Attended Capistrano Unified School District Vocational Webinar 20

Page 7 of 7 ends

Regular Meeting Minutes
 Presented at Don Juan Avila Middle School on Asian American Pacific Islander Month
 Attended Aliso Viejo Ranch Historic Site Dedication Ceremony and Reception Honoring Bill Phillips
 Attended OCFA Best and Bravest Awards Dinner
 Attended American Red Cross OC Heroes Luncheon
 Attended Aliso Niguel High School Senior Awards Night  Attended Southern California Edison Asian American Pacific Islander Month Celebration
 Attended OCFA Board of Directors Meeting
 Interviewed by Japanese newspaper publication Seikyo Shimbun  Attended memorial service for Dr. John Cheng
 Attended Annual Memorial Day Observance at El Toro Memorial Park  Attended OCFA Human Resources Committee Meeting
 Attended OCFA Security Committee Meeting
 Attended Boys & Girls Club of Laguna Beach Community Partners Breakfast

9. ADJOURNMENT: Mayor Chun adjourned the meeting at 8:52 p.m. to the regularly scheduled meeting of June 15, 2022.

Respectfully submitted: Approved by:
________________________ ________________________

MITZI ORTIZ, MMC ROSS CHUN

CITY CLERK MAYOR
21 City of Aliso Viejo

AGENDA ITEM
DATE: June 15, 2022
TO: Mayor and City Council
FROM: Mitzi Ortiz, Director of Government Services
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE REGARDING

TRANSIENT LODGING OCCUPANT REGISTRATION
Recommended Action:

Conduct second reading and adopt Ordinance entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA AMENDING CHAPTERS 3.06 AND 15.18 OF THE ALISO VIEJO

MUNICIPAL CODE REGARDING TRANSIENT LODGING OCCUPANT

REGISTRATION AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

Discussion:

On June 1, 2022, the City Council approved the introduction and first reading of the subject Ordinance by a 5-0 vote. If adopted, the Ordinance will take effect 30 days after adoption.

Attachment:

1. Ordinance
22

Page 1 of 7 ends

ORDINANCE NO. 2022-___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA AMENDING CHAPTERS 3.06 AND 15.18 OF THE

ALISO VIEJO MUNICIPAL CODE REGARDING TRANSIENT LODGING

OCCUPANT REGISTRATION AND FINDING THE ORDINANCE NOT

SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Aliso Viejo’s (“City”) General Plan and Zoning Ordinance make clear distinctions between: (1) residential zones -- where long-term residency is appropriate based on the distinct nature of residential environs and the availability of resident-serving infrastructure such as schools, parks, public safety, and community services and (2) commercial zones -- where long-term residency is inappropriate based on the lack of these services, the incompatibility of long-term residency with commercial environs, and the impairment of long-term residential occupation with the zoning’s underlying goals of enhancing and preserving the City’s tax base, particularly from sales tax and transient occupancy tax (“TOT”); and
WHEREAS, hotel uses and the TOT are essential to the City’s fiscal health and were subject to City incentives and negotiations memorialized in development agreements between the City and property owners/developers; and
WHEREAS, long-term residential uses in commercial zones creates land use incompatibilities and impairs the City’s return on its fiscal investment made by entering into development agreements that contemplated hotels as the consideration given thereunder; and
WHEREAS, in accordance with California Revenue and Taxation Section Code 7280 et seq., Section 3.06.020 of the Aliso Viejo Municipal Code (“AVMC”) imposes a 10 percent transient occupancy tax (i.e., TOT) on each guest who occupies a hotel 1 room for a period of 30 days or less; and
WHEREAS, TOT is a general tax, the proceeds of which are deposited into the City of Aliso Viejo’s (“City”) general fund. The general fund pays for essential services in the City, including but not limited to law enforcement, fire protection and street operations and maintenance; and
WHEREAS, AVMC Section 3.06.010 requires guests residing in a hotel longer than 30 days to re-register with the hotel at the expiration of the 30 day period, thus maintaining their transient status; and
WHEREAS, this Ordinance furthers the City’s land use and fiscal goals by advancing the General Plan’s land use goals of providing services and facilities for residential uses as

1 “Hotel” within the TOT context is defined broadly to include, among other things, “…any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house…” (See AVMC, Section

3.06.010).
23

Page 2 of 7 ends

well as its fiscal goals mentioned above by: (1) prohibiting hotel operators from registering any person as an occupant for a period longer than 30 consecutive calendar days; and (2) requiring hotel operators to check-out and re-register an occupant every 30 days; and WHEREAS, the foregoing will ensure that hotel occupants retain their transient status and the City continues to receive TOT revenue; and
WHEREAS, Table 15.18.020 in AVMC Section 15.18.020 sets forth the permitted uses in the City’s nonresidential zoning districts; and
WHEREAS, this Ordinance amends Table 15.18.020’s transitory lodging use entries (e.g., hotels and motels) to specify that establishments that allow occupants to register for periods longer than 30 consecutive days are not permitted in any zoning district; and WHEREAS, the City Council conducted a public hearing to consider the Ordinance in accordance with AVMC Chapter 15.78 and California Government Code Section 65854 ; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO ORDAINS 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 that this Ordinance is not a “project” subject to the California Environmental Quality Act (“CEQA”). The Ordinance does not qualify as a project because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378, subd. (a).) It simply regulates occupant registration at transitory lodgings (e.g., hotels and motels). In the alternative, the City Council finds that the Ordinance falls within the “common sense” exemption set forth in State CEQA Guidelines section 15061, subdivision (b)(3), which exempts activity from CEQA where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Here, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance simply regulates occupant registration at transitory lodgings; it will not result in any development or in any new activity with the potential to impact the environment.

SECTION 3. Required Zoning Code Amendment Findings. In accordance with AVMC Section 15.78.050(E), after receiving public testimony, reviewing the evidence submitted by staff and discussing the Ordinance, the City Council hereby makes the following findings:
24

Page 3 of 7 ends

1. General Plan Consistency. This Ordinance’s amendments to Zoning Code (Title 15) of the Aliso Viejo Municipal Code are consistent with the City’s adopted General Plan for the reasons set forth below:

A. General Plan Land Use Policy LU-1.6 provides, among other things, that the City should support development of hotel land uses as a means to increase City revenues. This Ordinance regulates such uses by prohibiting operators thereof from allowing any person to register as an occupant for a period longer than 30 consecutive calendar days. Complying with this requirement will ensure that guests’ stays remain transient and do not circumvent the City’s transient occupancy tax requirements. Collectively, this is intended to maximize the availability of hotel rooms for transient visitors and ensure that the City continues to receive transient occupancy tax revenue. For these reasons, this Ordinance is consistent with General Plan Land Use Policy LU-1.6.

B. General Plan Implementation Program No. I-1, which directs the City to prepare, adopt, and implement a Zoning Ordinance consistent with State law to establish permitted densities, intensities, and uses within Aliso Viejo. This Ordinance amends the City’s Zoning Code to clarify that the only hotels, motels, and bed and breakfast inns permitted in the City are those that do not allow any person to register as an occupant for a period longer than 30 consecutive calendar days. Complying with this requirement will ensure that these lodging uses collect and remit transient occupancy tax to the City in accordance with State law (see Revenue and Taxation Code Section 7280(a).) For these reasons, this Ordinance is consistent with General Plan Implementation Program No. I-1.

2. Public Welfare. The City Council hereby finds that this Ordinance’s amendments to the Zoning Code (Title 15) will not create conditions materially detrimental to the public healt h, safety, and general welfare; the amendments simply regulate occupant registration at transitory lodgings.

SECTION 5 . Code Amendment . Section 3.06.045 is hereby added to Title 3 (Transient Occupancy Tax) of the Aliso Viejo Municipal Code and shall read in its entirety as follows:
“3.06.045 Transient Registration
It is unlawful for any operator of a hotel subject to the tax imposed by this chapter to register any person as an occupant for a period longer than 30 consecutive calendar days. Any person whose occupancy might otherwise exceed 30 consecutive calendar days shall be checked-out and re-registered by the operator every 30 days.”
25

Page 4 of 7 ends

SECTION 6 . Code Amendment. Section 3.06.300 of Title 3 of the Aliso Viejo Municipal Code is hereby amended to read as follows (additions shown in underline and deletions shown in strikethrough):
“3.06.300 Violations – Misdemeanor
A. Any operator or other person who:

1. Knowingly or willfully fails or refuses to remit taxes due under this chapter to the tax administrator prior to the time of delinquency as specified in AVMC 3.06.060 through 3.06.080;

2. Who willfully fails or refuses to register as required;

3. Who willfully fails to furnish any return required to be made;

4. Who fails or refuses to furnish a supplemental return or other data required by the tax administrator; or

5. Who renders a false or fraudulent return; or or claim is guilty of a misdemeanor.

6. Who fails to check-out and re-register occupants in accordance with AVMC 3.06.045 is guilty of a misdemeanor, punishable by criminal fines corresponding to misdemeanor violations of this code and civil fines equal to the tax that would have applied to the occupancy in excess of 30 days.

B. Any person required to make, render, sign or verify any report or claim who does so with the intent to defeat or evade the determination of any amount due under this chapter is guilty of a misdemeanor.”
SECTION 7. Code Amendment. The “Lodging Uses” rows in Table 15.18.020 of Section 15.18.020 of Title 15 (Zoning Code) of the Aliso Viejo Municipal Code are hereby amended to read as follows (additions shown in underline):
26

Page 5 of 7 ends

“Table 15.18.020:

Permitted Uses in Nonresidential Districts
Land Use
CT
Town Center
Commercial
CC
Community
Commercial
CN
Neighborhood
Commercial
PO
Professional
Office
BP-1
Business
Park – 1
BP-2
Business
Park – 2
…
Lodging Uses:

Alcoholic beverage sales,
for on- or off-premises
consumption, subject to
AVMC 15.22.200

AUP AUP AUP AUP AUP AUP
Hotels and bed and
breakfast inns 1 C NP NP C C C
Motels 1 NP NP NP NP C C
1 Hotels, bed and breakfast inns, and motels that allow persons to register as occupants for periods longer than 30 consecutive calendar days are not permitted (NP) in any district.

Office, Retail and Service
Uses:
...”
SECTION 8 . 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 9. Effective Date . This Ordinance shall take effect 30 days after its adoption.

SECTION 10. 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.
27

Page 6 of 7 ends

SECTION 11. 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. __________________________
Ross Chun
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 28

Page 7 of 7 ends

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 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)
I hereby certify that the foregoing is the original of Ordinance No. 2022-__ duly passed and adopted by the Aliso Viejo City Council at its regular meeting held __________, 2022 and that the Summary of the Ordinance was published on ________ and ________ in the Laguna Niguel News.
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
29 City of Aliso Viejo

AGENDA ITEM
DATE: June 15, 2022
TO: Mayor and City Council
FROM: Mitzi Ortiz, Director of Government Services
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE PROHIBITING

UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY

OF ALISO VIEJO
Recommended Action:

Conduct second reading and adopt Ordinance entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, ADDING CHAPTER 8.36 (UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER PROHIBITED) TO TITLE 8 (PUBLIC PEACE, MORALS

AND WELFARE) OF THE ALISO VIEJO MUNICIPAL CODE ESTABLISHING

REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY OF ALISO VIEJO.

Discussion:

On June 1, 2022, the City Council approved the introduction and first reading of the subject Ordinance by a 5-0 vote. If adopted, the Ordinance will take effect 30 days after adoption.

Attachment:

1. Ordinance
30 60367.01100\40016974.1 Page 1 of 5
ORDINANCE NO. 2022-___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, ADDING CHAPTER 8.36 (UNLAWFUL

POSSESSION OF A CATALYTIC CONVERTER PROHIBITED) TO TITLE 8 (PUBLIC PEACE, MORALS AND WELFARE) OF THE ALISO VIEJO

MUNICIPAL CODE ESTABLISHING REGULATIONS PROHIBITING THE

UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY

OF ALISO VIEJO
WHEREAS, citizens nationwide have experienced rising rates of catalytic converter thefts, numbering approximately 65,000 in 2021; and
WHEREAS, citizens statewide have experienced rising rates of catalytic converter thefts, numbering approximately 18,000 in 2021; and
WHEREAS, citizens countywide have experienced rising rates of catalytic converter thefts, numbering approximately 2,000 in 2021; and
WHEREAS, the citizens of Aliso Viejo have experienced catalytic converter thefts from automobiles over the past several years; and
WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Aliso Viejo to define and punish catalytic converter thefts absent an identifiable victim; and
WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Aliso Viejo requiring individuals to provide proof to law enforcement as to how they obtained catalytic converters, thus limiting law enforcement’s ability to (1) protect the public by preventing catalytic converter thefts and (2) seize suspected stolen catalytic converters when no victim is present; and
WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including, but not limited to: (1) the ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools such as a reciprocating saw; (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter; and (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified; and WHEREAS, preventing these crimes at present is nearly impossible due to the ease and speed with which catalytic converter thefts can be committed and the difficulty of tracing a particular catalytic converter back to its prior owner (the victim), because catalytic converters typically have no identifying markers; and
31 60367.01100\40016974.1 Page 2 of 5
WHEREAS, the citizens of Aliso Viejo and the Orange County Sheriff’s Department are in need of legislation criminalizing mere possession of catalytic converters absent proof of ownership or lawful possession, for multiple reasons including, but not limited to: (1) achieving deterrence by establishing zero-tolerance for catalytic converter thefts; (2) establishing sanctions for possessing stolen catalytic converters; (3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters; (4) providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved for the reasons discussed above; and (5) minimizing the fiscal and personnel impact on the City of Aliso Viejo and the Orange County Sheriff’s Department by reducing the time invested in deterring and investigating catalytic converter thefts; and WHEREAS, individuals who are in possession of stolen catalytic converters recycle them for substantial profit while victims of these thefts suffer tremendous consequences in the form of costly repairs, inconvenience, and feelings of a lack of safety in the community; and
WHEREAS, this Ordinance is necessary to provide the City of Aliso Viejo and the Orange County Sheriff’s Department clear legal authority to better protect the public and deter this criminal activity.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALISO VIEJO AS FOLLOWS:

SECTION 1. Recitals. The above recitals are true and correct and incorporated herein.

SECTION 2 . CEQA. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) Here, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance simply criminalizes the possession of catalytic converters; it will not result in any development or in any new activity with the potential to impact the environment. City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

SECTION 3. Code Amendment. Chapter 8.36 is hereby added to Title 8 (Public Peace, Morals and Welfare) of the Aliso Viejo Municipal Code and shall read in its entirety as follows:
“Chapter 8.36 (Unlawful Possession of a Catalytic
Converter Prohibited) of Title 8 (Public Peace, Morals
and Welfare)

8.36.010 Unlawful possession of a catalytic converter prohibited. 32 60367.01100\40016974.1 Page 3 of 5
A. It shall be unlawful to possess any catalytic converter that is not attached to a vehicle, unless the possessor has valid documentation or other proof to verify that they are in lawful possession of the catalytic converter.

B. It is unlawful for any person to falsify or cause to be falsified any information in any documentation or other proof intended to show valid proof of ownership or possession of a catalytic converter.

8.36.020 Definitions
A. For purposes of this section, “lawful possession” includes (1) being the lawful owner of the catalytic converter or (2) in possession of the catalytic converter with the lawful owner’s written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a “lawful possession.”
B. For purposes of this section, “documentation or other proof” means written document(s) that clearly identify the vehicle from which the catalytic converter originated based on the totality of the circumstances, and includes, but is not limited to, the following types of documents:

1. Bill of sale from the original owner with the signature of the vehicle owner authorizing removal of the catalytic converter, as well as the name, address, and telephone number of the vehicle owner.

2. Documentation from an auto-body shop or similar business proving that the owner relinquished the catalytic converter to the auto-body shop or similar business.

3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.

4. Photographs of the vehicle from which the catalytic converter originated clearly showing the license plate number and vehicle identification number (VIN) of the car from which the catalytic converter was removed.

8.36.030 Violations – Misdemeanor
A. Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Aliso Viejo Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this section.

B. It is unlawful and a misdemeanor subject to punishment in accordance with Chapter 1.06 of Title 1 of this Code, for any person to violate any provision of this section.
33 60367.01100\40016974.1 Page 4 of 5
C. The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law.”
SECTION 4 . Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, 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, Suite 100, Aliso Viejo, California 92656. The City Clerk is the custodian of the record of proceedings.

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 34 60367.01100\40016974.1 Page 5 of 5

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:
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 2022-____ duly passed and adopted by the Aliso Viejo City Council at its regular meeting held __________, 2022, and that the Summary of the Ordinance was published on ______, 2022 and ______, 2022 in the Laguna Niguel News.
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
35 City of Aliso Viejo

AGENDA ITEM

DATE: June 15, 2022

TO: Mayor and City Council

FROM: Ann Eifert, Director of Financial Services

SUBJECT: ACCOUNTS PAYABLE

Recommended Action(s):

Ratify accounts payable checks and electronic funds transfers issued May 26, 2022, in the amount of $389,823.15.

Fiscal Impact:

Expenditures in the amount of $389,823.15.

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 May 26, 2022, for $389,823.15 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 Director of Financial Services.

Attachment(s):

1. Accounts Payable Report
36 Accounts Payable
05/26/2022
Description (Item)Vendor Name Amount
101 - GENERAL FUND
JUN'22 LIFE INSURANCEUNITED OF OMAHA LIFE INSURANCE CO. 1,320.28 JUN'22 CALPERS HEALTH PREMIUMCALPERS HEALTH 26,026.85
JUN'22-COUNCIL-CALPERS HEALTH PREMIUMCALPERS HEALTH 3,247.69 APR'22 ENG 2247/SUMMIT IV 15-25 ENT- PLANCHECKRJM DESIGN GROUP INC 1,801.20 ENG 5063-DEPOSIT REFUND-VISTA POINTE RIDGEVISTA POINTE RIDGE HOA 2,658.54 MAR'22 CAA ENG 5046 NX UTILITIESCHARLES ABBOTT ASSOC INC 413.99 MAR'22 CAA ENG 5004 MNWDCHARLES ABBOTT ASSOC INC 476.56 MAR'22 CAA ENG 5049 COX UTILITYCHARLES ABBOTT ASSOC INC 530.26 MAR'22 CAA ENG 5002 AT&TCHARLES ABBOTT ASSOC INC 771.28 MAR'22 CAA ENG 5003 COXCHARLES ABBOTT ASSOC INC 337.44
MAR'22 CAA ENG 5005 SCE - SADDLEBACKCHARLES ABBOTT ASSOC INC 1,145.94 MAR'22 CAA-7 COMPUTER STATIONS LEASE CREDITCHARLES ABBOTT ASSOC INC (350.00) JUN'22 DENTAL INSURANCECHOICE BUILDER 2,263.10
JUN'22 VISION INRUANCECHOICE BUILDER 356.34
JAN-MAR'22 SEISMIC MAPPING FEESDEPT OF CONSERVATION 214.29 JAN-MAR'22 CASP FEESDIVISION OF THE STATE ARCHITECT 104.40 JAN-MAR'22 CA BLDG STANDARD ADMIN FEESCA BUILDING STANDARDS COMMISSION 326.70 MAR'22 SAN JOAQUIN ROAD FEES ADJSAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY 985.11 P#22-0197-BLDG PERMIT REFUND-M.ROSSMARK ROSS 38.38
P#22-0197-DUPLICATE ISSUANCE FEE REFUND-M.ROSSMARK ROSS 20.60 P#21-1567 C&D REFUND/DOVE ST-PACIFIC TUSK BUILDERSPACIFIC TUSK BUILDERS 500.00 P#21-1566-C&D REFUND/DOVE ST-PACIFIC TUSK BUILDERSPACIFIC TUSK BUILDERS 500.00 P#22-0461-C&D REFUND/18 SPICEWOOD-BIENEK ROOFINGBIENEK ROOFING 500.00 44,188.95

CITY MANAGER
JUN'22-PG-HEALTH PREMIUMCALPERS HEALTH 149.00
CITY MANAGER TOTAL: 149.00

HUMAN RESOURCES
4/7 FIN DIR BACKGROUND CHECKSMARTHIRE, A DIVISION OF KROUT & SCHNEIDER, INC 122.50 HUMAN RESOURCES TOTAL: 122.50

CITY CLERK
APR'22 PN-OUTDOOR DINNING/SLURRY SEAL/SB9 HOUSINGCALIFORNIA NEWSPAPERS PARTNERSHIP 1,763.44 CITY CLERK TOTAL: 1,763.44

FINANCE
JUN'22 CALPERS ADMIN FEECALPERS HEALTH 69.30
JUN'22 CALPERS ADMIN FEECALPERS HEALTH 8.12
MAY'22-CH-CASH COURIER SERVICE PO#5560GARDAWORLD 435.50 MAR'22 PARS REP FEESPARS 300.00
JUN'22 ADMIN FEECHOICE BUILDER 35.00
APR'22 CUSTODIAN CHARGESUS BANK N.A. - CUSTODY 135.50
3/29/22-3/28/2023-OPENGOV BUDGET BOOKOPENGOV, INC 5,143.00 OCT'21 CUSTODIAN CHARGESUS BANK N.A. - CUSTODY 146.00
FINANCE TOTAL: 6,272.42

INFORMATION TECHNOLOGY
5/10-6/9/22 ACCT#0202-CH-TV/CABLE & INSTALLATIONCOX COMMUNICATIONS, INC 384.99 5/6-6/5/22 ACCT #8802-CH-INTERNETCOX COMMUNICATIONS, INC 1,500.00 IA-EOC YOUTUBE SUBSCRIPTIONUS BANK PURCHASING CARD PROGRAM 64.99 IA-IT SUPPLIES/MOUSE-AMAZONUS BANK PURCHASING CARD PROGRAM 28.81 IA- APR'22-WAITWHILE SUB-FRONT COUNTERUS BANK PURCHASING CARD PROGRAM 159.00 IA/RC/HN-IT CLASSES-STORMWINDSTORMWIND LLC 4,770.00
MAY'22 CH GOTO VOIP SERVICE & SUPPORTGOTO COMMUNICATIONS 1,847.86 FEB'22 OFFSITE BACKUP STORAGE SERVICE-ZERTOLUNAVI, INC 2,648.44 MAY'22 OFFSITE BACKUP STORAGE SERVICE-ZERTOLUNAVI, INC 1,349.57 INFORMATION TECHNOLOGY TOTAL: 12,753.66
37 Description (Item)Vendor Name Amount

NON-DEPARTMENTAL
4/14 CH BOTTLED WATER SRVDS SERVICES OF AMERICA, INC 82.35 PLATES &BADGES-LMENDOZA/P.RAIMONDI/V.GREEN/T.KIRBYJ&M TROPHIES INC 60.61 MAY'22 -VP-LIGHTING MAINTENANCEPEAK LIGHTING & ELECTRIC INC 105.51 MAY'22 VISTA PARK WESTERIA PLANTING SRVNIEVES LANDSCAPE INC 41.97 4/26/22 MM/RC/RH-COUNCIL MEMBER MAIL-FEDEXFEDERAL EXPRESS 29.40 APR'22 CITY CAR FUELVOYAGER FLEET SYSTEMS INC 206.95
4/18-5/16/22 MTR#2206 VISTA PARK WATER SERVICEMOULTON NIGUEL WATER DIST 787.04 QUADIENT POSTAGE THROUGH 5/13/22QUADIENT FINANCE USA, INC 500.00 JUN'22 RENTAL STORAGE UNIT #535ALISO VIEJO SELF STORAGE 430.00 NON-DEPARTMENTAL TOTAL: 2,243.83
C. S. ADMINISTRATION
JUN'22-DP-HEALTH PREMIUMCALPERS HEALTH 149.00
JUN'22-HW-HEALTH PREMIUMCALPERS HEALTH 149.00
5/19 HONORING OUR HISTORY-SPECIAL EVT INSURANCEALLIANT INSURANCE SERVICES INC 259.00 5/19 HONORING OUR HISTORY EVENT CARDSSOLINK INC 77.04
23,500 SUMMER CLASS 2022 BROCHURE PRINTINGWESTAMERICA COMMUNICATIONS INC 22,071.00 APR'22 SMP GEN FUND 41TRIPS-TRANSPORTATION SRVCABCO YELLOW INC 123.00 C. S. ADMINISTRATION TOTAL: 22,828.04

IGLESIA PARK
4/11-5/10/22 MTR #3499 IGLESIA PARK WATER SRVEL TORO WATER DISTRICT 1,348.07 4/11-5/10/22 MTR #4114 IGLESIA PARK WATER SRVEL TORO WATER DISTRICT 1,164.58 APR'22 ACCT#7997 IGLESIA PARK ELECTRICITYSO CAL EDISON 172.11 IGLESIA PARK TOTAL: 2,684.76

IGLESIA BUILDING
MAY'22 IPCC-JANITORIAL SERVICE PO#5502TEAM ONE MANAGEMENT SERVICES 861.00 JUN'22-IPCC-ACCESS CONTROL SERVICESONITROL ORANGE COUNTY LLC 99.22 4/11-5/10/22 MTR#1850 IGLESIA BLDG WATER SRVEL TORO WATER DISTRICT 238.02 5/17-6/16/22 IPCC- ALARM MONITORING SERVICEPROTECTION ONE ALARM MONITORING INC 4.50 5/17-6/16/22 IPCC- ALARM MONITORING SERVICEPROTECTION ONE ALARM MONITORING INC 50.00 APR'22 ACCT#7997 IGLESIA BUILDING ELECTRICITYSO CAL EDISON 788.30 IGLESIA BUILDING TOTAL: 2,041.04

PLANNING
MAY'22-JL ADJ-LIFE INSURANCEUNITED OF OMAHA LIFE INSURANCE CO. (62.49) MAY'22-OD ADJ-LIFE INSURANCEUNITED OF OMAHA LIFE INSURANCE CO. (96.16) JUN'22-MF-HEALTH PREMIUMCALPERS HEALTH 149.00
4/21-5/1/22 AVTC PROFESSIONAL CONSULTANT SERVICESBRIAN JAMES CORNELIUS 4,554.00 MAY'22-OD ADJ- DENTAL INSURANCECHOICE BUILDER (151.96)
MAY'22-OD ADJ-VISION INSURANCECHOICE BUILDER (15.03)
PLANNING TOTAL: 4,377.36

BUILDING
MAR'22 CAA BUILDING SERVICESCHARLES ABBOTT ASSOC INC 45,888.34 MAR'22 CAA BUILDING SRV-PERMIT TECHCHARLES ABBOTT ASSOC INC 638.70 BUILDING TOTAL: 46,527.04

CODE ENFORCEMENT
MAR'22 CAA CODE ENFORCEMENTCHARLES ABBOTT ASSOC INC 8,661.76 CODE ENFORCEMENT TOTAL: 8,661.76

ENGINEERING (GENERAL)
APR'22 ON CALL LANDSCAPE & ARCHITECTURAL SERVICESRICHARD FISHER ASSOCIATES 4,763.75 MAR'22 CAA NPDES COSTSCHARLES ABBOTT ASSOC INC 28,112.86 MAR'22 CAA SOLID WASTECHARLES ABBOTT ASSOC INC 2,617.69 FY21-22-35 PLAYA CIR #934-537-42-PROPERTY TAXCOUNTY OF ORANGE 1,962.48 FACILITIES ASSESSMENT-FINAL PAYMENTBUREAU VERITAS TECHNICAL ASSESSMENTS LLC 2,192.89 ENGINEERING (GENERAL) TOTAL: 39,649.67

STREET MAINTENANCE
MAR'22 CAA STREET MAINTENANCECHARLES ABBOTT ASSOC INC 25,612.91 STREET MAINTENANCE TOTAL: 25,612.91

LAW ENFORCEMENT-OTHER
AV BRASS PLATE-DEPUTY PEREYRA'S TILE PLAQUEJ&M TROPHIES INC 17.24 4/17-4/30/22-460 HRS-SCHOOL CROSSING GUARD SRVALL CITY MANAGEMENT SERVICES 11,651.80 APR'22 MOTORCYCLE FUEL & CAR WASHESVOYAGER FLEET SYSTEMS INC 524.90 LAW ENFORCEMENT-OTHER TOTAL: 12,193.94
38 Description (Item)Vendor Name Amount

ANIMAL CONTROL
APR-JUN'22 ANIMAL CARE SERVICESCITY OF MISSION VIEJO 94,058.87 ANIMAL CONTROL TOTAL: 94,058.87
GENERAL FUND TOTAL: 326,129.19
102 - GEN. FD-CITY HALL

NON-DEPARTMENTAL
MAY'22 CH-JANITORIAL SERVICE PO#5502TEAM ONE MANAGEMENT SERVICES 2,856.00 JUN'22 CH -ACCESS CONTROL SERVICESONITROL ORANGE COUNTY LLC 552.74 JUN'22 CH-INTRUSION DECTECTIONSONITROL ORANGE COUNTY LLC 196.51 MAY'22 CH- PEST CONTROL SERVICECTJAMJT CORP. 100.00
MAY'22-CH-LIGHTING MAINTENANCEPEAK LIGHTING & ELECTRIC INC 105.99 FY21-22 CITY HALL AQMD TOXIC HOT SPOTS PROGRAMSOUTH COAST AIR QUALITY MGMT DIST 143.88 MAY'22 CH- PLANT MAINTENANCEFOSTERS' GARDENS INC 115.00 4/18-5/16/22 MTR#8510 CITY HALL WATER SRVMOULTON NIGUEL WATER DIST 160.25 4/18-5/16/22 MTR#6010 CITY HALL WATER SRVMOULTON NIGUEL WATER DIST 127.55 4/18-5/16/22 MTR#7051 CITY HALL WATER SRVMOULTON NIGUEL WATER DIST 326.44 APR'22 CH CHARGING STATION UPGRADESEMACONNECT INC 4,545.10 NON-DEPARTMENTAL TOTAL: 9,229.46
GEN. FD-CITY HALL TOTAL: 9,229.46
103 - GF-AV RECREATION SERVICES
REFUND-BABY BOOMER BOUNCE RSP152 CLASS-J.WEGNERJOLIE WEGNER 25.00

25.00 RECREATION SERVICES
5/18 AVR TABLE CLOTH CLEANING SERVICEPRESS-TIGE ENTERPRISES INC 350.78 MAY'22-AVR-CASH COURIER SERVICE PO#5560GARDAWORLD 435.49 4/14/22 AV RANCH SCISSOR LIFT RENTALSUNBELT RENTALS, IN 507.69 JUN'22 AV & AQ CTR- ACCESS CONTROL SERVICESONITROL ORANGE COUNTY LLC 113.56 JUN'22-AVR-ACCESS CONTROL SERVICESONITROL ORANGE COUNTY LLC 485.78 MAY'22 AV RANCH PEST CONTROL SERVICECTJAMJT CORP. 95.00 MAY'22 AV RANCH PEST CONTROL SERVICECTJAMJT CORP. 300.00 MAY'22 AV RANCH LED INTERAL COMPONENTSHEVI LITE, INC 1,238.40 MAY'22 -AVR-LIGHTING MAINTENANCEPEAK LIGHTING & ELECTRIC INC 240.00 MAY'22 -AVR-LIGHTING MAINTENANCEPEAK LIGHTING & ELECTRIC INC 9.03 MAY'22 AV RANCH LAMP HEAD ASSEMBLY SRVCONSOLIDATED ELECTRICAL DISTRIBUTORS, INC 215.84 SPRING2022-RSP069 BASKETBALL-8 PARTICIPANTSBREAKTHROUGH SPORTS LLC 331.20 SPRING2022-RSP101 YOGA-3 PARTCIPANTSCAROLYN LONG 124.20 SPRING2022-RSP096/098 HIP HOP-7 PARTICIPANTSFITNESS WITH FLAVOR LLC 254.40 SPRING2022-RSP076/021 TENNIS-10 PARTICIPANTSJOHN DAVID ALLEN JR 252.00 SPRING2022-RSP089/091/113/115 LINE DANCE-41 PARTCAROLYN WOJCIECHOWSKI 834.00 SPRING2022-RSO064 KARATE-1 PARTICIPANTWADORYU USA INC 42.00 SPRING2022-RSP118 SENIOR CARDIO-2PARTICIPANTSBETTER LIFE HEALTH INC 108.00 MAY'22 AVR- PLANT MAINTENANCEFOSTERS' GARDENS INC 110.00 5/3/22-J.BALDASTI/HEVILITE-FEDEX CHARGESFEDERAL EXPRESS 11.93 4/18-5/16/22 MTR #0819 AV RANCH WATER SRVMOULTON NIGUEL WATER DIST 182.66 4/18-5/16/22 MTR#5356 AV RANCH WATER SRVMOULTON NIGUEL WATER DIST 326.44 4/18-5/16/22 MTR#7892/6534 AV RANCH WATER SRVMOULTON NIGUEL WATER DIST 564.45 4/18-5/16/22 MTR #0973 AV RANCH WATER SERVICEMOULTON NIGUEL WATER DIST 83.09 APR'22 ACCT#4551 THE FARM ELECTRICITYSO CAL EDISON 760.86 APR'22 ACCT#6247 AV RANCH ELECTRICITYSO CAL EDISON 2,380.58 APR'22 ACCT#6247 AV RANCH TRACKED CHARGESSO CAL EDISON 764.82 MAY'22 AVR GOTO VOIP SERVICE & SUPPORTGOTO COMMUNICATIONS 8.07 MAY'22 AVR GOTO VOIP SERVICE & SUPPORTGOTO COMMUNICATIONS 670.00 RECREATION SERVICES TOTAL: 11,800.27
GF-AV RECREATION SERVICES TOTAL: 11,825.27
203 - GAS TAX

TRAFFIC ENGINEERING
APR'22 TRAFFIC SIGNAL MONITORINGHARTZOG & CRABILL INC 1,000.00 TRAFFIC ENGINEERING TOTAL: 1,000.00
39 Description (Item)Vendor Name Amount

STREET MAINTENANCE
APR'22 TRAFFIC SIGNAL MONITORING-ROUTINEBEAR ELECTRICAL SOLUTIONS INC 3,162.60 APR'22 STREET SWEEPING SERVICESR F DICKSON CO INC 8,668.66 4/11-5/10/22 MTR #5675 CALLE CORTEZ WATER SERVICEEL TORO WATER DISTRICT 87.13 APR'22 STREET LIGHTS TC1 ELECTRICITYSO CAL EDISON 3,270.03 STREET MAINTENANCE TOTAL: 15,188.42
GAS TAX TOTAL: 16,188.42
204 - MEASURE M

GEN-MEASURE M
APR'22 SMP M2FUND 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
APR-JUN'22 800MHZ COST ALLOCATIONCOUNTY OF ORANGE 4,056.00 LAW ENFORCEMENT-OTHER TOTAL: 4,056.00
PUBLIC SAFETY GRANTS TOTAL: 4,056.00
241 - TECHNOLOGY FUND

GEN-TECHNOLOGY GRANTS
APR'22 CC MTGS & AV SITE VISITSERIC WINTER 628.00
GEN-TECHNOLOGY GRANTS TOTAL: 628.00
TECHNOLOGY FUND TOTAL: 628.00
251 - FEDERAL GRANTS

GEN-FEDERAL GRANT
REF0011526584-4/7 ADPTN 22-23 AAP FOR CDBG PHCALIFORNIA NEWSPAPERS PARTNERSHIP 1,746.40 JAN-MAR'22 FAIR HOUSING FOUNDATION SERVICESFAIR HOUSING FOUNDATION 1,056.45 JUL-SEP'21 FAIR HOUSING FOUNDATION SERVICESFAIR HOUSING FOUNDATION 827.00 OCT-DEC'21 FAIR HOUSING FOUNDATION SERVICESFAIR HOUSING FOUNDATION 987.74 GEN-FEDERAL GRANT TOTAL: 4,617.59
FEDERAL GRANTS TOTAL: 4,617.59
261 - CITY FAC.-AQUATIC CENTER

GEN-AQUATIC CENTER
MAY'22-AQ CTR-CASH COURIER SERVICE PO#5560GARDAWORLD 435.49 AQ CTR-3/4 BREAKROOM SUPPLIES-AMAZONPREMIER AQUATIC SERVICES 38.71 AQ CTR-3/4 SWIM LESSON EQUIP CLASSROOM BOXESPREMIER AQUATIC SERVICES 54.41 AQ CTR-3/4 HOLIDAY DECORATIONS/SHAMROCKS-AMAZONPREMIER AQUATIC SERVICES 19.96 AQ CTR-3/15 HOLIDAY PROMOTION SUPPLIES-AMAZONPREMIER AQUATIC SERVICES 29.07 AQ CTR-3/5SWIM LESSON LEVEL GRADUATION REWARD TOYSPREMIER AQUATIC SERVICES 103.89 MAY'22-AQ CTR-LIGHTING MAINTENANCEPEAK LIGHTING & ELECTRIC INC 143.97 AQ CTR-POWDER COAT FOR UMBRELLA STANDS-REIMBPREMIER AQUATIC SERVICES 1,086.12 AQ CTR-UPDATED SPRING & SUMMER HOURS SIGNSSMART LEVELS MAILING & PRINTING INC 213.34 MAY'22 AQ CTR-JANITORIAL SERVICE PO#5502TEAM ONE MANAGEMENT SERVICES 1,239.00 AQ CTR-4/10 BOUNCE HOUSE RENTAL SRVMAGIC JUMP RENTALS ORANGE COUNTY LLC 180.45 4/18-5/16/22 MTR #6054 AQ CTR WATER SERVICEMOULTON NIGUEL WATER DIST 502.67 4/18-5/16/22 MTR#2996 AQ CTR WATER SRVMOULTON NIGUEL WATER DIST 226.69 AQ CTR-RETAIL KICKBOARDSSTGSD, INC 175.88
AQ CTR-REPLACEMENT PARTS FOR SWIM PLATFORMSFINIS, INC 101.60 GEN-AQUATIC CENTER TOTAL: 4,551.25
CITY FAC.-AQUATIC CENTER TOTAL: 4,551.25
311 - STREET IMPROVEMENTS

TRAFFICE SAFETY
APRIL 2022 #130 ALISO CREEK SIGNAL SYNCHARTZOG & CRABILL INC 1,425.00 TRAFFICE SAFETY TOTAL: 1,425.00
STREET IMPROVEMENTS TOTAL: 1,425.00
40 Description (Item)Vendor Name Amount
331 - CAPITAL IMPROVEMENTS

CAPITAL IMPROVEMENTS
12/1/21-4/14/22 #049 RANCH AS-BUILTS FOR MNWDTHIRTIETH STREET ARCHITECTS INC 4,160.00 #049 AV RANCH STREAM ROCKBED EDGINGTOVEY/SCHULTZ CONSTRUCTION, INC 5,990.97 CAPITAL IMPROVEMENTS TOTAL: 10,150.97
CAPITAL IMPROVEMENTS TOTAL: 10,150.97
332 - STORM WATER

DRAINAGE IMPROVEMENTS
MAY'22 #091 DAIRY FORK WETLAND WQ MONITORINGSIERRA ANALYTICAL LABS INC 530.00 DRAINAGE IMPROVEMENTS TOTAL: 530.00
STORM WATER TOTAL: 530.00
GRAND TOTAL: 389,823.15
41 City of Aliso Viejo

AGENDA ITEM
DATE: June 15, 2022
TO: Mayor and City Council
FROM: George Buell, Interim Community Development Director Rose Rivera, Senior Planner
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH MIKE LINARES, INC.

FOR THE PREPARATION OF THE CITY’S CDBG CONSOLIDATED PLAN

AND THE CDBG PROGRAM ADMINISTRATION
Recommended Action:

Approve and authorize the City Manager to execute a Professional Services Agreement with Mike Linares, Inc. (“Consultant”) for a three-year term (July 1, 2022 through June 30, 2025) with the ability to extend for an additional two years at the City Manager’s discretion.

Fiscal Impact:

The Consultant is paid based on actual hours performing services. Funding for the subject services is in the General Fund and reimbursed by HUD. Accordingly, staff is requesting approval from the City Council for a three-year agreement (July 1, 2022 - June 30, 2025) with Mike Linares at a cost not to exceed $27,500 a year, with the exception of FY 2022-

23. A 5-year Consolidated Plan as required by HUD will be prepared in FY 2022-23 which would bring the administration cost to not to exceed $50,000. The City has allocated a total of $43,400 for program administration for FY 2022-23, so the remaining $6,600 would be absorbed by the General Fund.

Discussion:

In 2017, the Consultant assisted the city with the transition from being a Participating Community under the County of Orange CDBG Program to an Entitlement City that undertakes its own program administration responsibilities through the preparation of the necessary documentation needed to become an entitlement city.

The Consultant prepared a Consolidated Plan to establish a multi-year strategy for the use of CDBG funds to address community needs. The adopted Consolidated Plan covers July 1, 2018, through June 30, 2023, and identifies an array of goals and activities that can be implemented over the five-year period. Additionally, the Consultant prepares each fiscal year’s Annual Action Plan, which establishes a framework for that specific year’s 42 CDBG expenditure plan. The Consultant also provides guidance to City staff, prepares necessary environmental documents for each year’s projects, monitors project activities and expenditures, and serves as a primary contact for HUD.

At the conclusion of the five-year agreement in June 2022, staff prepared a Request for Proposals (RFP) (Attachment 2) in May 2022 and sent it to three (3) prospective consultants.

Staff received one (1) proposal, and it was from Mike Linares. In the proposal, Mike Linares committed to providing the same services he provided in the previous agreement (FY 2017- FY 2022) at a rate of $27,500 per year.

In conclusion, staff have been very pleased with Mike Linares’s work and request that the Council approve a new agreement with Mike Linares, Inc., to continue the excellent services provided to the City.

Attachments:

1. Agreement

2. Request for Proposals
43 60367.01100\33488377.1
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CITY OF ALISO VIEJO

PROFESSIONAL SERVICES AGREEMENT
FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATIVE

SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this da y 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 MIKE LINARES, LLC , a CALIFORNIA CORPORATION, with its principal place of business at P.O. BOX 3913, SAN CLEMENTE, CA 92672 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. R EC
ITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of professional

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATIVE consultant services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing professional COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATIVE consultant 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 Consultant to render such services for the COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM IN THE CITY OF ALISO VIEJO project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 G
eneral Scope of S ervices. Consultant 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 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATIVE consultant 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 JULY 1, 2022 to JUNE 30, 2025, unless earlier terminated as provided herein. The City Manager shall have the 44 60367.01100\33488377.1
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unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional one -year terms.***] Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 C ontrol and Payment of Subordinates; Independent Contractor . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant shall complete, execute, and submit to City a Request for Taxpayer 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 Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant 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 Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control.

Consultant 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. Consultant 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 Consultant 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. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.2.2 Neither Ci ty nor Consultant 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 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 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 Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandem ics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations 45 60367.01100\33488377.1
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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 occur, 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 made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant 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 C
onformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant 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, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fa il 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 Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: MIKE LINARES.

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 COMMUNITY DEVELOPMENT DIRECTOR , or his or her designee, as the City’s contact for the implementation of the Services hereunder. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 Consultant’s R
epresentative. Consultant hereby designates MIKE
LINARES, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement.

The Consultant’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. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
46 60367.01100\33488377.1
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3.2.8 Standard of Care; Performance of Employees . Consultant 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. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants 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 throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants 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 Consultant and shall not be re -employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Consultant 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. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant 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 . Consultant 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, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

(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.
(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) 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 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.).

3.2.10.3 E
ndorsements . 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) T
he 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 48 60367.01100\33488377.1
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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 Consultant; 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 un til 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 P
rimary 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 Wa
iver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
49 60367.01100\33488377.1
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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 Evide
nce of Insurance. The Consultant, 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, Consultant 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 insurance has been reinstated or has been provided through another insurance company or companies.

3.2.10.8 Failure to Maintain Coverage. Consultant 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 Consultant until Consultant has fully complied with the insurance provisions of this Agreement.

In the event that the Consultant’s operations are suspended for failure to m
aintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.

3.2.10.9 A cceptability 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 insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.10.10 Insurance for Subconsultants. All Subconsultants shall be included as additional insureds under the Consultant’s policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant’s policies.

3.2.11 Safety. C
onsultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and feder al 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 subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, 50 60367.01100\33488377.1

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equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and mainten ance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all 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 TWENTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS annually for a total com pensation of ( $27,500) (“Total Compensation”) without written approval of City’s COMMUNITY DEVELOPMENT DIRECTOR. 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 P
ayment of Compensation.

Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. 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. C ity 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. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 E xtra Work . At any time during the term of this Agreement, City may request that Consultant 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 would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 P
revailing Wages ; DIR Registration.

3.3.5.1 Consultant 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 perf ormance of other requirements on “public works” and “maintenance” projects.

1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant 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 Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Cont ractor’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 M
aintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant 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 G
eneral Provisions.

3.5.1 T ermination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant 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 other 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 Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant 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. 52 60367.01100\33488377.1
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3.5.2 Delivery of Notices . All notices permitted or required unde r 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:

Consultant:

MIKE LINARES, INC.

P.O. BOX 3913
SAN CLEMENTE, CA 92672
(714) 608-7263
City:

City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656
Attn: COMMUNITY DEVELOPMENT DIRECTOR
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 O
wnership 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 embodied 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, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Cons ultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant 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 Agreement shall be at City’s sole risk.

3.5.3.2 Confidentiality. A
ll ideas, memoranda, specifications, pla ns,
procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.

become known, to the related industry shall be deemed confidential. Consultant 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, television or radio production or other similar medium without the prior written consent of City.

3.5.3.3 C
onfidential Informatio n. The City shall refrain from releasing Consultant’s proprietary information (“Proprietary Information”) unless the City’s legal counsel determines that the release 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 Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information.

Consultant shall indemnify, defend 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 receipt of the Objection Notice unless either:
(1) Consultant 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. Consultant shall provide a copy of the City’s Fraud Prevention Policy to each of its employees assigned to perform Services under this Agreement.

Consultant shall submit to the City a statement signed by an authorized representative for Consultant certifying receipt of the City’s Fraud Prevention Policy. A finding by the City that any of Consultant’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 termination of this Agreement. Consultant 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 F ees.

If either party commences an action against the other
party, either legal, administrative 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.

employees, subcontractors, consultants or agents in connection with the performance of the Consultant'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 such loss or damage caused by the sole negligence or willful misconduct of the City .

Consultant'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 Consultant or the City, its officials, officers, employees, agents or volunteers.

3.5.7.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’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, Consultant’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 Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.5.8 E
ntire 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 essence for each and every provision of this Agreement.

3.6 City’s Right to Employ Other Consultants. City reserves right to employ other consultants 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. Consultant 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 be 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 calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as othe rwise 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 55 60367.01100\33488377.1
- 13 -

convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.10 A mendment; Modification . No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.11 Waiver. N o waiver of any default shall constitute a waiver of any other default 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.

Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant 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 Consultant, 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 t he right to rescind this Agreement without liability.

For the term of this Agreement, no member, officer 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 . C
onsultant represents that it is an equal
opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, 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. Consultant 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 . B
y its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California 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.

Consultant 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.
56 60367.01100\33488377.1
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3.18 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.19 Declaration of Political Contributions. Consultant 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 Consultant and all of Consultant’s employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement.

3.20 Subc
ontracting.

3.20.1 P rior Approval Required. Consultant 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 subj ect to all provisions stipulated in this Agreement.
[Signatures on following page.]
57 60367.01100\33488377.1
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ALISO VIEJO AND MIKE LINARES, INC.

IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this ____ day of __________, 202__.

CITY OF ALISO VIEJO
A
pproved:

B
y:

David Doyle
City Manager
A
TTEST:

By: _______________________________
Mitzi Ortiz, MMC
City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney
AP

PROVED AS TO COMPLIANCE

WITH BUDGET
By:

Ann Eifert
Director of Financial Services
MIKE LINARES, INC.
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:

Its:

Printed Name:

B
y:

Its:

Printed Name:_________________________
58 60367.01100\33489632.1

CITY OF ALISO VIEJO

DECLARATION OF POLITICAL CONTRIBUTIONS
Us
ing 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 the applicant and all of applicants employees, including any employee(s) that applicant intends to assign to perform the work or services described in Agreement dated ________________. If none, please state so:

To t
he best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:

City, State Date
Name of Business Print Name
Signature
Th
is executed form must be submitted with the Proposal.
59 60367.01100\33489632.1

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
T
his executed form must be submitted with the Proposal.
60 60367.01100\33489632.1

CITY OF ALISO VIEJO

ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS
I
,______________________________, the ____________________________________ (President, Secretary, Manager,
Owner or Representative)
of
_______________________________________________________, certify that I have (Name of Company or Corporation or Owner)
read and understand the insurance requirements set forth in the Request for Proposals for accept such requirements as specified.
the CDBG Administration Services and the Agreement form included therein, and Firm:

N ame (Please Print or Type)
By:

S ignature
Date:

T
his executed form must be submitted with the Proposal.
61 60367.01100\33488377.1
A-1

EXHIBIT “A”

SCOPE OF SERVICES
62 9
Scope of Work
Mike Linares has reviewed the City's Scope of Work and is prepared to undertake all of the listed duties with two exceptions:

Under the direction of City staff, Mike Linares, Inc. will provide CDBG Administration Services, including but not limited to the following:

1. Provide general CDBG prog ram administration services and technical support under the direction of the Community Development Director.

2. Assist with the d eveloping, implementing, and administering of eligible CDBG programs under the direction of the Community Development Director.

3. Provide a schedule for all HUD requirements to ensure all programs are in place.

4. Prepare and submit reports and plans on an annual basis for the CDBG program, including:

A. Year 1 (FY22-23): FY21-22 Consolidated Annual Performance Report (CAPER) and the 2023-2027 Consolidated Plan, including the FY23-24 Annual Action Plan (AAP) B. Year 2 (FY23-24): FY22-23 CAPER and FY24-25 AAP
C. Year 3 (FY24-25): FY23-24 CAPER and FY25-26 AAP

5. Provide annual service-provider on-site monitoring.

6. Assist with preparing agendas, staff reports, and recommendations for City Council and other special meetings.

7. Review applications and projects for compliance with the National Environmental Protection Act (NEPA).

8. Assist City Staff in maintaining information on the Integrated Disbursement and Information System (IDIS) and assisting with the voucher/draw-down requests.

9. Represent the City at various agency and organization meetings. Attend meetings of the City Council, City staff , public officials, community leaders, developers, contractors , and the general public as requested by City staff.

10. Facilitate communication between the City of Aliso Viejo and HUD.

11. Generate monthly status reports as necessary or requested.

12. Prepare and implement all public outreach programs and public participation under the CDBG program.

13. Coordinate or facilitate finance-related requirements between the City of Aliso Viejo and HUD.

14. Assist City staff in helping to ensure public works projects using CDBG funds comply with HUD regulations (Note: Mike Linares does not provide federal labor standards compliance services).

15. Provide general program administration and CDBG technical support. 63 8
▪ Annual Action Plan: The Annual Action Plan is the yearly expenditure plan for using CDBG funds. To undertake this process, the consultant will work closely with City staff to determine which projects and programs will be funded with CDBG. ▪ IDIS Set-up/Uploading: Upon completion and approval of the ConPlan by the Aliso Viejo City Council, Mike Linares, Inc. will set-up and upload the ConPlan and Annual Action Plan in IDIS; this will complete the initial stage of the process. HUD's CPD Representative assigned to the City will review the submitted ConPlan and may request additional information or modifications or approve the document.
64 60367.01100\33488377.1
B-1

EXHIBIT “B”

SCHEDULE OF SERVICES
65 6
CDBG Administration: With respect to program implementation, it is important to note that the administration of the CDBG programs is cyclical. At certain times of the grant cycle, extra time and resources are required to complete tasks (e.g., coordinating the annual public service grant allocation process and preparing the Action Plan and CAPER). Below is an outline of the typical implementation schedule for a HUD program year.

MONTH CDBG -PROGRAM RELATED TASK
July
▪ Start of Program Year – Setup CDBG activities in IDIS ▪ Begin to collect & report data for the year-end report ▪ Prepare public service grant agreements and related materials ▪ Prepare NEPA reviews
August
▪ Collect and report program data for the year-end report ▪ Coordinate year-end financial data with City Finance Department ▪ Prepare draft CAPER
September
▪ Coordinate public review of CAPER
▪ Final CAPER
▪ Submit CAPER to HUD
October ▪ Prepare new grant year CDBG application
November ▪ Solicit housing and non-housing programs/projects for CDBG funds ▪ Distribute CDBG funding applications to sub-recipients & City departments December ▪ Receive & review funding requests
January ▪ Prepare draft CDBG expenditure plan
▪ Mid-year budget reviews and adjustments
February ▪ Hold required public review/meetings for the proposed use of HUD funds ▪ Draft annual Action Plan
66 7

MONTH CDBG -PROGRAM RELATED TASK
March ▪ Draft annual Action Plan
▪ Committee/Commission meetings
April
▪ Committee/Commission meetings
▪ Assist with preparation of agenda report for City Council Action Plan approval
May
▪ Submit Action Plan to HUD
▪ Prepare grant agreements for the new program year
▪ Monitor subrecipients
June
▪ Closeout program year
▪ Prepare grant agreements for the new program year
▪ Monitor subrecipients
▪ Prepare for year-end reporting
Ongoing ▪ Prepare various HUD-related quarterly, semi-annual and annual reports Mike Linares' approach is to make sure the steps outlined above are implemented in a timely manner with the assistance and support of City staff and sub-recipients early in the program implementation process to ensure efficient and effective utilization of CDBG resources.

Consolidated Plan Preparation: Several steps will be necessary to initiate and complete the process:
▪ Citizen Participation: A significant portion of the Con Plan is dedicated to outlining the actions the City will take to obtain the input of residents and stakeholders during the preparation of the ConPlan. Community meetings, community surveys, focus groups, and public hearings are examples of actions utilized by communities. In consultation with City staff, Mike Linares, Inc. will identify existing data sources that can be utilized to prepare this section of the ConPlan.
▪ Research and Analysis : The ConPlan content and format are dictated mainly by HUD's eConPlan template; however, additional data collection and analysis are required to complete the template. Mike Linares, Inc. will utilize existing d ata sources to augment data provided by HUD to complete applicable ConPlan narratives and tables. ▪ Strategic Annual Plan: The Strategic Plan portion of the ConPlan establishes program and multi-year goals to address priority housing and community needs. The Strategic Plan will establish the general categories of programs and activities the City will undertake to meet priority needs. Mike Linares, Inc. will prepare applicable sections of the ConPlan in consultation with City staff to complete strategic five-year and annual activity goals. 67 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 Consumers, Los Angeles-Long Beach-Anaheim up to a maximum percentage of five percent (5%). 68 Cost Proposal
Mike Linares, Inc's proposed cost for CDBG program administrative services is based on an average of six hours per week or approximately 250 hours per year. At an hourly rate of $110.00, a not to exceed contract amount of $27,500 is proposed. This amount includes a flat rate to prepare the Annual Action Plan ($7,500) and the CAPER ($8,500). All rates are subject to an annual revision (at a time fitting for the City's budget preparation process). The adjustment will be based on the Consumer Price Index (CPI) published by the U.S. Department of Labor Statistics.

The proposed cost for the preparation of the 2023-2027 Consolidate is summarized below:
2023-2027 CONSOLIDATED PLAN PREPARATION TASKS COSTS

DOCUMENT PREPARATION TASKS
• Review/Revise Citizen Participation Plan & Prepare
Applicable Section of the Consolidated Plan
$2,500
• Prepare Housing Market Analysis $5,750
• Prepare Housing & Community Needs Assessments $5,750
• Prepare Strategic Plan $6,000
• Meeting(s) & Public Hearing(s) $1,500
• Prepare Annual Action Plan * $5,000
SUB-TOTAL $26,500

CON PLAN RELATED TASKS
• HUD Required Revisions NA
• Obtain/Prepare /Analyze Community Needs (i.e.,
community survey, existing data sources, etc.) **
$3,000
• Reprographics & Miscellaneous Expenses (cost +10%) ** $500 SUB-TOTAL $3,500
NOT TO EXCEED FIXED PRICE $30,000
* Preparation of the FY 23-24 Annual Action Plan is included as a cost of preparing the Consolidated Plan and will not be billed as an annual program administration cost for FY 23-24. General FY 23-24 CDBG program administration will be billed at the agreed -to hourly rate for hours de dicated to regular program administration – approximately $12,500.
** If needed and with prior staff approval.
69 60367.01100\33489632.1

CITY OF ALISO VIEJO

REQUEST FOR PROPOSALS
FOR:

PROFESSIONAL COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG)

ADMINISTRATION SERVICES

COMMUNITY DEVELOPMENT DEPARTMENT
12 Journey, Suite 100
Aliso Viejo, CA 92656
Issued
May 12, 2022
70 60367.01100\33489632.1

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City of Aliso Viejo
Request for Proposals

May 12, 2022

SUBJECT: REQUEST FOR PROPOSALS

PROFESSIONAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

ADMINISTRATION SERVICES

The City of Aliso Viejo is requesting proposals to provide Community Development Block Grant (CDBG) administration services.

A detailed Request for Proposals is attached for your reference and information. Proposals are due on or before 5:00 p.m. Thursday, May 26, 2022.

Any questions regarding the Request for Proposal should be directed to me. I can be reached at [email protected]
or (949) 425-2528.

Thank you for your interest, and I look forward to receiving your submittal.

Sincerely,

Rose Rivera
Senior Planner

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City of Aliso Viejo
Request for Proposals

CITY OF ALISO VIEJO

REQUEST FOR PROPOSALS
The City of Aliso Viejo (“City”) is requesting proposals (“Proposals”) from qualified consultants (“Respondents”) for:

PROFESSIONAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
ADMINISTRATION SERVICES. The purpose of the Proposal is to demonstrate the qualifications, competence and capacity of Respondent to perform the work or provide the services described in this Request for Proposals (“RFP”). The Proposal should demonstrate the qualifications of the Respondent and of the particular staff to be assigned to this project.

1. INTRODUCTION

1.1 About the City
The City of Aliso Viejo was incorporated July 1, 2001, as a general law city which, operates under the council/manager form of government. The City encompasses approximately seven (7) square miles; serves an approximate population of 50,000 people and is located in southern Orange County.

The City provides municipal services primarily through contracts for police and fire services, public works, engineering, building, code enforcement, recreation, and legal services.

The City’s fiscal year begins on July 1 and ends on June 30.

The City became an entitlement city in 2017. The City is anticipated to receive $217,000 for the 2022- 2023 program year. The City typically allocates funding for service providers, and capital improvement projects and administration.

1.2 Project Description
The City of Aliso Viejo is interested in contracting with an experienced professional company for Community Development Block Grant (CDBG) administration services.

It is the intent of the City to contract for the services presented herein for an initial term of three (3) years. The City of Aliso Viejo reserves the right to extend the term of this contract for two (2) additional one- year terms subject to the satisfactory negotiation of terms to both the City and the selected firm.

Consultant 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.

1.3 City Contact for this RFP
The principal contact for the City regarding this RFP will be:

Rose Rivera, Senior Planner
12 Journey, Suite 100
Aliso Viejo, CA 92656
(949) 425-2528
[email protected]
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City of Aliso Viejo
Request for Proposals

CONTACT WITH CITY PERSONNEL OTHER THAN THE ABOVE REGARDING

THIS RFP MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS.

1.4 No Deviations from the RFP
In submitting a Proposal, Respondent is certifying that it takes no exceptions to this RFP including, but not limited to the Agreement attached hereto as Attachment “3.” Respondent is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein.

2. PROPOSAL SCHEDULE
The estimated schedule for this RFP is as follows:

1. RFP Release May 12, 2022

2. Questions Regarding this RFP Due By May 20, 2022

3. Due Date for Proposals (by 5:00 p.m.) May 26, 2022

4. Anticipated Final Selection June 1, 2022

5. Project Start July 1, 2022

3. SCOPE OF REQUIRED SERVICES

3.1 S cope of Work
A detailed Scope of Work is attached hereto as Attachment "1". The Respondent will be expected to fulfill, at a minimum, the services and technical requirements described in the attached Scope of Work. Upon final selection, the Scope of Work may be modified and refined during negotiations with the City.

4. PROPOSAL REQUIREMENTS

4.1 Proposal Content
Respondent's Proposal shall be clear, accurate, and comprehensive. Excessive or irrelevant materials will not be favorably received. The content and sequence of the information contained in each copy of the Proposal shall be as follows:

4.1.1 Table of Contents
Include a clear identification of the material by section and by page number.

4.1.2 Summary Sheet
Include a fully -completed copy of the Summary Sheet included with this RFP (Attachment 2, “Required Forms”).

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City of Aliso Viejo
Request for Proposals

period of at least 180 days. The letter shall be signed by an individual or individuals authorized to execute legal documents on behalf of the Respondent.

4.1.4 Personnel.

Identify the names and specific qualifications, experience, and appropriate licenses held, if applicable, of the primary staff to be assigned to the project. Include a resume for all primary staff. Identify any subconsultants which Respondent proposes to use for any portion of the services.

Respondent shall also identify a Management Contact (Representative authorized to sign an agreement for your firm) and a Project Manager (person responsible for day-to-day management of the project). The success ful Respondent may only change the Management Contact, Project Manager, and other supporting staff and specialists with prior written permission of the City.

4.1.5 Project Approach
Provide a conceptual plan for services to the City that you believe are appropriate for the City. Indicate features, skills and/or services which distinguish your firm and make it the better choice for the City. Indicate how the resources of your firm (e.g., number and type of personnel allocated by hours) will be allocated for this project. Include a statement affirming your firm’s capacity to perform all work throughout the contract term. Submit a project schedule if applicable.

4.1.6 Scope of Work
Provide a detailed scope of services which reflects the Scope of Services described in this RFP. Proposals must address all items set forth in Section 3 "Scope of Required Services." Additional information which, in your opinion, should be included must be clearly identified.

4.1.7 Experience
(a) List of representative projects undertaken by Respondent in the last 5 years demonstrating experience in each category of the project. Identify the names of organizations, and names and telephone numbers of persons who can be contacted with regard to the services you have provided.
(b) Identify all previous and current contracts with the City . Include a contact name, description of services, and dates of services performed. (c) List all public agencies (not to include the City) for which contracts were terminated in the last three years. Show names of organizations and names and telephone numbers of persons who can be contacted. Firms may provide a brief explanation of the reason(s) for termination(s).

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City of Aliso Viejo
Request for Proposals

and will provide such insurance. The applicable insurance requirements are set forth in the standard agreement form, attached hereto as Attachment “3”. (b) Respondent must submit a Declaration of Political Contributions, signed under penalty of perjury, regarding disclosure of political contributions to City officials. (c) Respondent must submit the acknowledgement for the Fraud Policy.

4.1.9 Cost Proposal
Include a detailed cost proposal for each phase of work inclusive of all hourly rates, anticipated travel, and other incidental costs and charges. The cost proposal shall be submitted in a separate, sealed envelope, which shall be marked "Cost Proposal” and state Respondents name. If requested, the successful Respondent may be required to submit an electronic copy of the cost proposal in MS Word, Excel or other format acceptable to the City.

4.2 P
roposal Format
One (1) electronic pdf version emailed to Rose Rivera, [email protected].

Proposals shall be organized in the order presented above. Proposals must include page numbers for all pages in the Proposal.

5. SUBMITTAL INSTRUCTIONS
Proposals should be emailed to the email address above no later than 5:00 p.m. on the date indicated in Section 2. If a hard copy submittal is preferred, two (2) hard copies of the proposal must be received at City Hall no later than 5:00 p.m. on the date indicated in Section 2.

Proposals received in the mail after 5:00 p.m. on the date indicated in Section 2, regardless of the date of their postmarks, will be rejected.

Proposals will be received at the following address:

City of Aliso Viejo
Rose Rivera, Senior Planner
12 Journey, Suite 100
Aliso Viejo, CA 92656
Attn: Community Development Block Grant (CDBG) Implementation Services

If hand delivered, address as above and deliver to the City Clerk receptionist on the first floor of City Hall.

The envelope should clearly indicate "Proposal for Community Development Block Grant (CDBG) Implement ation Services " and Respondent's name and address shall appear in the upper left-hand corner of the envelope. If more than one envelope is required, each envelope shall be legibly numbered below the name of the Respondent, e.g. Envelope 1 of 3, as required. 75 60367.01100\33489632.1

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City of Aliso Viejo
Request for Proposals

6. EVALUATION

6.1 Evaluation Criteria.

A Selection Committee will evaluate and rank the proposals. Proposals will be evaluated according to the following criteria:

Ability, capacity and skill of Respondent to perform the services Ability to meet time requirements
Character, integrity and reputation
City’s previous experience with the vendor
Sufficiency of financial resources needed to perform the required services Reasonableness of Cost Proposal

6.2 Respondent Presentations/Interviews
The City may, at its discretion, invite a shortlist of Respondents to participate in a panel interview to be held at City. The City may require that Respondents prepare a presentation as part of the interview. No Respondent shall be entitled to or otherwise guaranteed an interview.

6.3 Award of Contract
If awarded, the contract will be awarded on the basis of the evaluation criteria set forth herein. The City reserves the right to reject all Proposals and to contract for services in the manner that most benefits the City including awarding more than one contract if desired.

If selected, Respondent will be expected to execute a contract with the City in substantially the same form as the Agreement attached hereto as Attachment “3.”

6.4 Protests
Protests based on the content of the RFP shall be submitted to the City no later than ten (10) calendar days prior to the scheduled Proposal submittal deadline. Any respondent protesting the recommended award on any ground not based upon the content of RFP must file a protest with the City within three (3) calendar days after the issuance of a notice of recommendation for award. Any protest must include supporting documentation, legal authorities in support of the grounds for the protest and the name, address and telephone number of the person representing the Respondent for purposes of the protest. Any matters not set forth in the protest shall be deemed waived.

The City will revie w and evaluate the basis of the protest provided the protest is filed in strict conformity with the foregoing. The City shall provide the Respondent submitting the protest with a written statement concurring with or denying the protest. Action by the City relative to the protest will be final and not subject to appeal or reconsideration. The procedure and time limits set forth in this section are mandatory and are the Respondent’s sole and exclusive remedy in the event of protest. Failure to comply with these procedures will constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings. 76 60367.01100\33489632.1

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City of Aliso Viejo
Request for Proposals

7. REQUESTS FOR CLARIFICATIONS
All questions, interpretations or clarifications, either administrative or technical must be requested in writing and directed to the City contact listed in Section 1.3, above.

All written questions will be answered in writing and conveyed to all firms. Oral statements regarding this RFP by any persons should be considered unverified information unless confirmed in writing. To ensure a response, questions must be received in writing by 5:00 p.m. local time on the date identified in Section 1.2, Proposal Schedule.

8. GENERAL PROVISIONS

8.1 Respondent is encouraged to review this RFP carefully in its entirety prior to preparation of its Proposal. The City reserves the right to reject any or all Proposals or to select the Proposal most advantageous to the City. The City reserves the right to verify all information submitted in the Proposal. During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from Respondents or to allow corrections of errors or omissions.

8.2 Amendments to RFP. The City reserves the right to amend the RFP or issue to all Respondents a Notice of Amendment to answer questions for clarification.

8.3 N o Commitment to Award. Issuance of this RFP and receipt of Proposals does not commit the City to award a contract. The City expressly reserves the right to postpone the RFP process for its own convenience, to accept or reject any or all Proposals received in response to this RFP, to negotiate with more than one Respondent concurrently, or to cancel all or part of this RFP.

8.4 A
mendments to Proposals. No amendment, addendum or modification will be accepted after the deadline stated herein for receiving Proposals. Respondent may modify or amend its Proposal only if the City receives the amendment prior to the deadline stated herein for receiving Proposals.

8.5 No
n -Responsive Proposals. A Proposal may be considered non -responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the Proposal.

8.6 Lat
e Proposals . The City will not be responsible for Proposals that are delinquent, lost, incorrectly marked, sent to an address other than that given herein, or sent by mail or courier service and not signed for by the City.

8.7 C
osts for Preparing. The City will not compensate any Respondent for the cost of preparing any Proposal, and all materials submitted with a Proposal shall become the property of the City. The City will retain all Proposals submitted and may use any idea in a Proposal regardless of whether that Proposal is selected.

8.8 A
lternative Proposals . Only one final Proposal is to be submitted by each Respondent. Multiple P roposals will result in rejection of all Proposals submitted by the Respondent.

8.9 P ublic Documents; Confidential Information.
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City of Aliso Viejo
Request for Proposals

Proposals submitted in response to this RFP shall be held confidential by City and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.) until after either City and the successful Respondent have completed negotiations and entered into the Agreement or City has rejected all P roposals. All correspondence with the City including responses to this RFP will become the exclusive property of the City and will become public records under the California Public Records Act. The City will have no liability to the Respondent or other party as a result of any public disclosure of any Proposal.

If a Respondent desires to exclude a portion of its Proposal from disclosure under the California Public Records Act, the Respondent must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Respondent submits trade secret information, the Respondent must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. If a request is made f or information marked “Confidential”, “Trade Secret” or “Proprietary” (“Proprietary Information”), the City will provide Respondents who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. Respondent shall have five (5) working days after receipt of such notice to give City written notice of Proposer's objection to the City's release of Proprietary Information.

Respondent shall indemnify, defend 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.

Proposals which indiscriminately identify all or most of the Proposal as exempt from disclosure without justification may be deemed unresponsive and disqualified from further participation in this RFP.

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City of Aliso Viejo
Request for Proposals

CITY OF ALISO VIEJO

REQUEST FOR PROPOSALS
Attachment 1 – Scope of Work

Under the direction of City staff, provide typical Community Development Block Grant Administration Services including but not limited to the following:

1. Provide general CDBG program administration services and technical support under the direction of the Community Development Director.

2. Develop, implement and administer eligible CDBG programs under the direction of the Community Development Director.

3. Provide a schedule for all HUD requirements to ensure all programs are in place.

4. Prepare and submit Reports and Plans on an annual basis for the CDBG program, including:

A. Year 1 (FY22/23) – FY21/22 Consolidated Annual Performance Report (CAPER), FY23/24 Action Plan (AP), and 2023-2027 Consolidated Plan and Regional Analysis of Impediments to Fair Housing
B. Year 2 (FY23/24) – FY22/23 CAPER, FY24/25 AP
C. Year 3 (FY24/25) – FY23/24 CAPER, FY25/26 AP,

5. Provide annual service-provider on-site monitoring.

6. Assist in the preparation of agendas, staff reports and recommendations for City Council and other special meetings.

7. Review applications and projects for compliance with the National Environmental Protection Act (NEPA) and the California Environmental Quality Act (CEQA).

8. Assist City Staff in maintaining information on the Integrated Disbursement and Information System (IDIS) and assisting with the voucher/draw-down requests.

9. Represent the City at various agency and organization meetings. Attend meetings of the City Council, City staff, public officials, community leaders, developers, contractors and the general public as directed.

10. Facilitate communication between the City of Aliso Viejo and HUD.

11. Generate monthly status reports if necessary.

12. Prepare and implement all public outreach programs and public participation under the CDBG program.

13. Coordinate all finance-related requirements between the City of Aliso Viejo and HUD.

14. Ensure public works projects using CDBG funds comply with HUD regulations.

15. Provide general program administration and CDBG technical support.

OTHER SERVICES
The consultant is permitted and encouraged to include within their proposal any other alternatives or optional services deemed viable for implementation by the City. 79 60367.01100\33489632.1

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City of Aliso Viejo
Request for Proposals

CITY OF ALISO VIEJO

REQUEST FOR PROPOSALS

Attachment 2 – Required Forms

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City of Aliso Viejo
Request for Proposals

CITY OF ALISO VIEJO

SUMMARY SHEET

Firm Name:

Firm Parent or Ownership:

Firm Address:

Firm Telephone Number:

Firm Fax Number:

Number of years in existence:

Management Contact (person responsible for direct contact with the City of Aliso Viejo and auditing services required for this Request for Proposals):

Name: Title:

Telephone Number: Fax:

Email:

Project Manager (Person responsible for managing the audit at the client site and preparation of the audit work papers):

Name: Title:

Telephone Number: Fax:

Email:

Types of services provided by the firm:

Signature Print Name Title

This executed form must be submitted with the Proposal.

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City of Aliso Viejo
Request for Proposals

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 the applicant and all of applicants employees, including any employee(s) that applicant intends to assign to perform the work or services described in Agreement dated ________________. If none, please state so:

To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:

City, State Date

Name of Business Print Name

Signature

This executed form must be submitted with the Proposal.

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City of Aliso Viejo
Request for Proposals

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

This executed form must be submitted with the Proposal.

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City of Aliso Viejo
Request for Proposals

CITY OF ALISO VIEJO

ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS

I,______________________________, the ____________________________________ (President, Secretary, Manager,
Owner or Representative)

of _______________________________________________________, certify that I have (Name of Company or Corporation or Owner)
read and understand the insurance requirements set forth in the Request for Proposals for the [INSERT PROJECT NAME/NUMBER] and the Agreement form included therein, and accept such requirements as specified.

Firm:

Name (Please Print or Type)

By:

Signature

Date:

This executed form must be submitted with the Proposal. 84 60367.01100\33489632.1

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City of Aliso Viejo
Request for Proposals

CITY OF ALISO VIEJO

REQUEST FOR PROPOSALS
Attachment 3 – Agreement Form

85 60367.01100\33488377.1

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CITY OF ALISO VIEJO

PROFESSIONAL SERVICES AGREEMENT
FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

ADMINISTRATION 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 [INSERT NAME OF COMPANY] , a [INSERT TYPE OF BUSINESS; CORPORATION; LIMITED LIABILITY COMPANY; ETC.] , with its principal place of business at [INSERT ADDRESS] (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of professional Community Development Block Grant (CDBG) administration services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Community Development Block Grant (CDBG) administration services to public clients, is licensed in the State of California, and is familiar with the plans of City.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services . Consultant 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 Community Development Block Grant (CDBG) administration 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 T
erm . The term of this Agreement shall be from Ju ly 1, 2022 to June 30, 20, 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. Consultant shall com plete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

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3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contra ctor basis and not as an employee.

3.2.2 S
chedule of Services .

3.2.2.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the r easonable 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 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 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 Consultant 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.
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3.2.2.3 Should a Force Majeure Event occur, the non- performing Party shall, within a reas onable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant 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 Consultant shall be subject to the approval of City.

3.2.4 S ubstitution of Key Personnel. Consultant 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, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key 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 Consultant at the request of the City. The key personnel for performance of this A greement are as follows: [INSERT NAME(S)].

3.2.5 C
ity’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 [INSERT NAME OR TITLE], or his or her designee, as the City’s contact for the implementation of the Services hereunder. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 C
onsultant’s Representative. Consultant hereby designates [INSERT NAME OR TITLE] , or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement.

3.2.7 C
oordination of Ser vices. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

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calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its e mployees and subconsultants 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 throughout the term of this Agreement. As pr ovided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants 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 Consultant and shall not be re -employed to perform any of the Services or to work on the Project.

3.2.10 I
nsurance.

3.2.10.2 T
ypes 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 Consultant 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, Consultant 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 89 60367.01100\33488377.1

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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 endor sements 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.
(b) Automobile Liability Insurance: Automobi le 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: [Include only if there is a pollution liability exposure.]
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 limiting contractual liability or coverage for cross liability of claims or suits by one insured against another.

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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 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 Consultant; or (4) contain any other exclusions contrary to the Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the cov erage 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 a nd (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 91 60367.01100\33488377.1

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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 W
aiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

3.2.10.6 D
eductible . Any deductible or self -insured retention must be approved in writing by the City and shall protect the indemnified par ties 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 E
vidence of Insurance. The Consultant, 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, Consultant 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 insurance has been reinstated or has been provided through another insurance company or companies.

3.2.10.8 F
ailure to Maintain Coverage. Consultant 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 Consultant until Consultant has fully complied with the insurance provisions of this Agreement.

In the event that the Consultant’ s operations are suspended for failure to maintain required insurance coverage, the Consultant 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 insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.10.10 I
nsurance for Subconsultants. All Subconsultants shall be included as additional insureds under the Consultant’s policies, or the Consultant shall be 92 60367.01100\33488377.1

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responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant’s policies.

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant 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 subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, 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 proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

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 P
ayment of Compensation.

Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. 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 receiving such statement, review the statement and pay all non- disputed and approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 P
revailing Wages ; DIR Registration.
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3.3.5.1 Consultant 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 “public 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, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant 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 Consultant’s principal place of business and at the project site. It is the intent 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 Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant 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 Consultant and all subconsultants must be registered w ith the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be 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. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant 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.

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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 other rights and remedies provided by law, equity or under this Agreement.

3.5.1.3 A
dditional 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 D
elivery of Notices . All notices permitted or requir ed 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:

Consultant:
[INSERT NAME, ADDRESS & CONTACT PERSON]
City:

City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656
Attn: [INSERT NAME & 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 embodied 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 diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by 95 60367.01100\33488377.1

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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 Agreement 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 Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.

Such materials shall not, without the prior written consent of City, be used by Consultant 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 Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant 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, television or radio production or other similar medium without the prior written consent of City.

3.5.3.3 C
onfidential Information . The City shall refrain from releasing Consultant’s proprietary information (“Proprietary Information”) unless the City’s legal counsel determines that the release 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 Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information.

Consultant shall indemnify, defend 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 receipt of the O bjection Notice unless either:
(1) Consultant 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 F
raud Policy. Consultant shall provide a copy of the City’s Fraud Prevention Policy to each of its employees assigned to perform Services under this Agreement.

3.5.5 C
ooperation; 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. 96 60367.01100\33488377.1

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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 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 I
ndemnification .

3.5.7.1 To the fullest extent permitted by law, Consultant 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 Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of t he Consultant'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 such loss or damage caused by the sole negligence or willful misconduct of the City .

3.5.8 Entire Agreement. This Agr eement 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 G
overning Law . Th is Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.10 T ime of Essence. Time is of the essence for each and every provision of this Agreement.

3.6 C ity’s Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.

3.7 S uccessors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
97 60367.01100\33488377.1

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3.8 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either dire ctly 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 be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of s uch attempted assignment, hypothecation or transfer.

3.9 C onstruction; 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 calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, 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 A
mendment; Modification . No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.11 Wai ver . No waiver of any default shall constitute a waiver of any other default 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 N
o Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.13 I nvalidi ty; 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 P
rohibited Interests . Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant 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 Consultant, 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, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreeme nt, or obtain any present or anticipated material benefit arising therefrom.

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initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant 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, Consultant certifies that it is aware of the provisions of Section 3700 of the California 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 A
uthority to Enter Agreement . Consultant 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 C
ounterparts . This Agreement may be signed in counterparts, each of which shall constitute an original.

3.19 D eclaration of Political Contributions . Consultant 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 Consultant and all of Consultant’s employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement.

3.20 Subcontracting.

3.20.1 Prior Approval Required. Consultant 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 [INSERT NAME]

IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this ____ day of __________, 202__.

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:

Gina Tharani
Director of Financial Services
[INSERT NAME OF CONSULTANT]

[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:_________________________

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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 Consultant and all of Consultant’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. 101
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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

102
60367.01100\33488377.1

A-1

EXHIBIT “A”

SCOPE OF SERVICES

103
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B-1

EXHIBIT “B”

SCHEDULE OF SERVICES
[INSERT SCHEDULE OF SERVICES]

104
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C-1

EXHIBIT “C”

COMPENSATION
[INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES]
[INSERT THE FOLLOWING PROVISION IF THE AGREEMENT WILL
AUTOMATICALLY RENEW: 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 Consumers, Los Angeles-Long Beach-Anaheim up to a maximum percentage of five percent (5%).***]

105
City of Aliso Viejo

INDEPENDENT CONTRACTOR, FOR AFFORDABLE HOUSING

IMPLEMENTATION SERVICES
Recommended Action:

Approve and authorize the City Manager to execute a Professional Services Agreement (PSA) with Becky Caha, Independent Contractor, for Affordable Housing Implementation Services for a three-year term with the ability to extend for an additional two years at the City Manager’s discretion.

Fiscal Impact:

Staff is requesting City Council approval of a three-year Agreement (July 1, 2022 through June 30, 2025) with Becky Caha, independent contractor, at cost of $25,000 a year. This agreement will be paid out of the General Fund through the Community Development Department’s Contractual Services account which has funds allocated for the purpose of administering affordable housing services in the City.

Discussion:

The City has been working with Ms. Caha since 2009 as an Associate under the umbrella of Rosenow Spevacek Group, Inc (RSG). More recently, Ms. Caha left RSG and started her own firm, providing contractual services with the City beginning in 2017. Ms. Caha’s agreement will conclude on June 30, 2022. Consequently, staff prepared a Request for Proposals (RFP) (Attachment 2) in May of 2022 and sent it to three (3) prospective firms/individuals.

Staff received one (1) proposal, and it was from Ms. Caha. In summary, the fees for anticipated services in the proposal are as follows:
 Eligibility Review $325.00 per loan
 Loan Document Preparation / Processing Fee $400.00 per loan  Any other Activities in the Scope of Work $150.00 per hour 106
Ms. Caha will provide affordable housing services which include the following:
 Administering the resale and refinancing of affordable units.  Responding to inquiries from the general public regarding affordable housing opportunities in the City.
 Verifying compliance of all affordable unit property owners via annual ownership recertification and follow up.
 Assisting staff with the review of documentation provided by the developments with affordable rental units.
 Assisting staff in any required code enforcement action against individuals that do not comply with the applicable affordability restrictions and terms.  Assisting staff with the provision of data pertinent to affordable housing-based grants.

Ms. Caha has also been instrumental in the City’s recent acquisition of affordable housing units.

In conclusion, staff has been very pleased with Ms. Caha’s work and requests that the Council approve the subject agreement to continue the excellent services provided to the City.

Attachments:

1. Agreement

2. Request for Proposals
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CITY OF ALISO VIEJO

PROFESSIONAL SERVICES AGREEMENT
FOR

AFFORDABLE HOUSING IMPLEMENTATION 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 BECKY CAHA, an INDEPENDENT CONTRACTOR, with its principal place of business at 9812 CONTINENTAL DR., HUNTINGTON BEACH, CA 92646 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of professional AFFORDABLE HOUSING IMPLEMENTATION consultant services required by the City on the terms and conditions set forth in this Agreement. Consult ant represents that it is experienced in providing professional AFFORDABLE HOUSING IMPLEMENTATION consultant 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 Consultant to render such services for the AFFORDABLE HOUSING IMPLEMENTATION project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services . Consultant 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 AFFORDABLE HOUSING IMPLEMENTATION consultant 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 T
erm . The term of this Agreement shall be from JUY 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 108
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additional one -year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

3.2.2 S
chedule of Services .

3.2.2.1 Consultant 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. Consultant repre sents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.2.2 Neither City nor Consultant 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 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 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 Consultant 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 109
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and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Services and Agreement.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.4 S ubstitution of Key Personnel. Consultant 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, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key 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 Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: BECKY CAHA.

3.2.5 C
ity’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 THE COMMUNITY DEVELOPMENT DIRECTOR , or his or her designee, as the City’s contact for the implementation of the Services hereunder. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 C
onsultant’s Representative. Consultant hereby designates BECKY CAHA, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’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 Coor
dination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
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3.2.8 Standard of Care; Performance of Employees . Consultant 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. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants 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 throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the C onsultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants 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 Consultant and shall not be re -employed to perform any of the Services or to work on the Project.

3.2.9 L
aws and Regulations. Consultant 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. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to s uch laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant 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 I
nsurance.

3.2.10.1 Time for Compliance . Consultant 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, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to t he City that the subconsultant has secured all insurance required under this section.

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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.
(b) Automobile Liability In surance: 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) 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 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.
(d) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and E mployer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(e) 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.
(f) 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 112
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suits or claims arising out of the performance of the
Agreement.

Additional Insured Endorsements shall not (1) be rest ricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Consultant; 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.
(g) 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.
(h) 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 subrogat ion 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.

3.2.10.3 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.

3.2.10.4 W aiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
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3.2.10.5 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.

3.2.10.6 E vidence of Insurance. The Consultant, 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 i nsurance 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 ex tended shall be filed with the City. If such coverage is cancelled or reduced, Consultant 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 insurance has been reinstated or has been provided through another insurance company or companies.

3.2.10.7 F
ailure to Maintain Coverage. Consultant 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 Consultant until Consultant has fully complied with the insurance provisions of this Agreement.

In the event t hat the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.

3.2.10.8 Acceptability of In surers. 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 insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.10.9 I
nsurance for Subconsultants. All Subconsultants shall be included as additional insureds under the Consultant’s policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant’s policies.

3.2.11 S
afety . Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant 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 subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devi ces, 114
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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. Consultant shall receive compensation, including authorized reimbursements, for all 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 SEVENTY -FIVE THOUSAND DOLLARS ( $75,000) (“Total Compensation”) without written approval of City’s COMMUNITY DEVELOPMENT DIRECTOR. 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 P
ayment of Compensation.

Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the init ial 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 receiving such statement, review the statement and pay all non- disputed and approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 P
revailing Wages ; DIR Registration.

3.3.5.1 Consultant 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 “public 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, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant 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 inter ested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. It is the intent 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 115
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Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant 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 Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be 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. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant 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 Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effecti ve date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement e xcept for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.2 E
ffect of Termination. If this Agreement is termina ted as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

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3.5.1.4 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:

Consultant:

BECKY CAHA
9812 CONTINENTAL DRIVE
HUNTINGTON BEACH, CA 92646
City:

3.5.2 Ownership of Materials and Confidentiality.

3.5.2.1 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 embodied 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, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant 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 Agreement shall be at City’s sole risk.

3.5.2.2 C
onfidentiality . 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 Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.

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the Project in any magazine, trade paper, newspaper, tel evision or radio production or other similar medium without the prior written consent of City.

3.5.2.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information (“Proprietary Information”) unless the City’s legal counsel determines that the release 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 Consultant of its inte ntion to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information.

3.5.3 F
raud Policy. Consultant shall provide a copy of the City’s Fraud Prevention Policy to each of its employees assigned to perform Services under this Agreement.

Consultant shall submit to the City a statement signed by an authorized representative for Consultant certifying receipt of the City’s Fraud Prevention Policy. A finding by the City that any of Consultant’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 terminatio n of this Agreement. Consultant shall reimburse the City for any costs and expenses associated with fraud against the City.

3.5.4 C
ooperation; 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.

3.5.5 A
ttorney’s Fees . If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connect ion 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.

3.5.6 I
ndemnification .

3.5.6.1 To the fullest extent permitted by law, Consultant 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 Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of 118
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all damages, expert witness fees and attorneys fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City .

3.5.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’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, Consultant’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 Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.5.7 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.

3.5.8 G
overning Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.9 T ime of Essence. Time is of the es sence for each and every provision of this Agreement.

3.6 C ity’s Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.

3.7 S uccessors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.8 A ssignment or Transfer. Consultant 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 be 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 C
onstruction; 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 cal endar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employ ees, 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 Wai ver . No waiver of any default shall constitute a waiver of any other default 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 N
o Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.13 I nvalidity; 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.

3.15 E
qual Opportunity Employment . Consultant represents tha t it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, 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. Consultant 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 L
abor Certification . By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California 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.

3.18 C
ounterparts . This Agreement may be signed in counterparts, each of which shall constitute an original.
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3.20 Subcontracting.

3.20.1 Prior Approval Required. Consultant 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 BECKY CAHA

IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this ____ day of __________, 202__.

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:

Ann Eifert
Director of Financial Services

BECKY CAHA, INDEPENDENT

CONTRACTOR

[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:_________________________

122

CITY OF ALISO VIEJO

To t
he best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:

City, State Date
Name of Business Print Name
Signature
Th
is executed form must be submitted with the Proposal.

NONE
Huntington Beach, CA
Becky Caha
May 26, 2022
Becky Caha
Becky Caha
123

CITY OF ALISO VIEJO

ACKNOWLEDGMENT OF RECEIPT OF FRAUD POLICY
I her
eby 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 t
he 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
Th
is executed form must be submitted with the Proposal.

Becky Caha Becky Caha
Becky Caha
May 26, 2022
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60367.01100\33488377.1

A-1

EXHIBIT “A”

SCOPE OF SERVICES

125
 Respond to inquiries from the general public regarding affordable housing opportunities in the City.
 Determine eligibility for prospective homebuyers purchasing deed-restricted affordable units to include the following components:
o Affordable Housing Resale Restrictions;
o Escrow Instructions; and
o Payoff processing and reconveyance/release preparation.  Coordinate with escrow and title on the resale of properties and the refinancing of affordable units.
 Review terms to determine eligibility to refinance first trust deed loans.  Prepare subordination agreements as required for refinancing.  Maintain eligibility income data and records for homebuyers purchasing deed-restricted affordable units.
 Verify compliance of all affordable unit property owners via annual ownership recertification and follow up.
 As necessary, assist City staff with the review of documentation provided by the developments with affordable rental units.
 As necessary, assist City staff in any required code enforcement action against individuals that do not comply with the applicable affordability restrictions and terms.  As necessary, assist City staff with the provision of data pertinent to affordable housing based grants.

SCOPE OF WORK
For this engagement, I propose to provide “turn-key” staffing services wherein I would be available to handle some or all of the tasks identified in the Scope of Services as follows:
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B-1

EXHIBIT “B”

127
Affordable Housing Implementation Services – City of Aliso Viejo Eligibility review fee will be due upon eligibility determination. The loan document preparation and processing fee will be due upon close of escrow.

Occupancy Monitoring
I will continue to provide the City with monitoring services for compliance of the requirements of this affordable housing program. I will be responsible for the annual monitoring of the occupancy of the affordable units to ensure that the units are owner occupied and no unauthorized transfer has taken place. If requested by City, an annual report will be prepared outlining the specifics of the annual monitoring endeavor, as well as outlining any remediation activities that will need to take place in order to ensure compliance with the occupancy requirements of this program.

It is my understanding that the City also has 20 studio and one-bedroom rental units in the Vantis development; along with 2 senior developments, Vintage Aliso and Liberty at Aliso currently under construction with a total of 398 rental units that will be affordable to households earning lower incomes. I am available to work with the City in the administration of these developments at whatever capacity may be needed, including, but not limited to, review of developments’ annual reports, review of rents and tenant incomes, and any tenant qualification review required.

Contract Budget Amount
As outlined above, the eligibility review and loan processing will be billed on a fixed fee. Any other activities under the Scope of Work will be billed on a time and materials basis. My hourly billing rate is $150 / hour. It is anticipated that this annual fee will not exceed $25,000. My fee is based upon an estimate of the number of annual hours needed for each task. If the Scope of Services is substantially changed in the future, I will notify the City and request a fee adjustment.

The annual fee will be subject to an annual inflationary adjustment in accordance with the published Consumer Price Index pertinent to Orange County.

Eligibility Review
Loan Document Preparation/Processing Fee
$325.00 per loan
$400.00 per loan

COST PROPOSAL
As the individual who has been providing these services for the past 13 years, I am well-versed in the City’s requirements to be able to administer these activities in an accurate and timely manner.

This knowledge will allow the City’s housing program to move forward without lapse in coverage or time needed to bring someone up to speed on all required activities. The fees for anticipated services are as follows:
128
Affordable Housing Implementation Services – City of Aliso Viejo I do not charge clients for travel or mileage, parking, standard telephone/fax expenses, general postage or incidental copies. However, I do charge for messenger services, overnight shipping/express mail costs and teleconferencing services. I also charge for copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged back at the actual expense plus a 10% surcharge.

Invoices will be issued monthly and are payable upon receipt, unless otherwise agreed upon in advance. Invoices identify tasks completed to date, hours expended and the hourly rate. 129
60367.01100\33489632.1

CITY OF ALISO VIEJO

REQUEST FOR PROPOSALS
FOR:

PROFESSIONAL AFFORDABLE HOUSING

IMPLEMENTATION SERVICES

COMMUNITY DEVELOPMENT DEPARTMENT
12 Journey, Suite 100
Aliso Viejo, CA 92656

Issued
May 12, 2022
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City of Aliso Viejo
Request for Proposals

May 12, 2022

SUBJECT: REQUEST FOR PROPOSALS

PROFESSIONAL AFFORDABLE HOUSING IMPLEMENTATION SERVICES

The City of Aliso Viejo is requesting proposals to provide affordable housing implementation services.

A detailed Request for Proposals is attached for your reference and information. Proposals are due on or before 5:00 p.m. Thursday, May 26, 2022.

Any questions regarding the Request for Proposal should be directed to me. I can be reached at [email protected]
or (949) 425-2528.

Thank you for your interest, and I look forward to receiving your submittal.

Sincerely,

Rose Rivera
Senior Planner
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City of Aliso Viejo
Request for Proposals

CITY OF ALISO VIEJO

REQUEST FOR PROPOSALS
The City of Aliso Viejo (“City”) is requesting proposals (“Proposals”) from qualified consultants (“Respondents”) for:

PROFESSIONAL AFFORDABLE HOUSING IMPLEMENTATION SERVICES . The purpose of the Proposal is to demonstrate the qualifications, competence and capacity of Respondent to perform the work or provide the services described in this Request for Proposals (“RFP”). The Proposal should demonstrate the qualifications of the Respondent and of the particular staff to be assigned to this project.

1. INTRODUCTION

Between 2004 and now, the City has facilitated the development of 478 lower - income affordable units included within four (4) developments in Aliso Viejo: Glenwood, Vantis, Vintage Aliso, and Liberty at Aliso. Vintage at Aliso and Liberty at Aliso has a total of 398 senior affordable rental units. Glenwood has forty -three (43) for -sale, one and two -bedroom condominium affordable units. Vantis has fifteen (15) for-sale one and two-bedroom condominium affordable units and twenty (20) studio and one-bedroom rental affordable units. There is a fifty- five (55) year affordability restriction on Vintage at Aliso and Liberty at Aliso, forty-five (45) year, re-setting, affordability restriction on the Glenwood and Vantis for-sale units, and a thirty (30) year affordability restriction on the Vantis rental units.

As a party to the forty -five (45) deed restriction for the Glenwood and Vantis for - sale units, the City is an active participant in the loan documentation and monitoring for the fifty- eight (58) units. Furthermore, the City has a role in reviewing the annual reports required for the rental affordable units.

1.2 Project Description
The City of Aliso Viejo is interested in contracting with an experienced professional company for eligibility review and affordable housing compliance monitoring. The required services and performance conditions are described in Section V. Scope of Services.

Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. 132
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Request for Proposals

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

1.3 City Contact for this RFP
The principal contact for the City regarding this RFP will be:

Rose Rivera, Senior Planner
12 Journey, Suite 100
Aliso Viejo, CA 92656
(949) 529-8061
[email protected]

CONTACT WITH CITY PERSONNEL OTHER THAN THE ABOVE REGARDING

THIS RFP MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS.

2. PROPOSAL SCHEDULE
The estimated schedule for this RFP is as follows:

1. RFP Release May 12, 2022

2. Questions Regarding this RFP Due By May 20, 2022

3. Due Date for Proposals (by 5:00 p.m.) May 26, 2022

4. Anticipated Final Selection June 1, 2022

5. Project Start July 1, 2022

3. SCOPE OF REQUIRED SERVICES

4. PROPOSAL REQUIREMENTS

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City of Aliso Viejo
Request for Proposals

4.1.1 Table of Contents
Include a clear identification of the material by section and by page number.

4.1.2 Summary Sheet
Include a fully -completed copy of the Summary Sheet included with this RFP (Attachment 2, “Required Forms”).

4.1.3 Cover Letter
Identify Respondent's legal name and contact information. Summarize key elements of the Proposal. The letter must stipulate that the cost proposal will remain valid for a period of at least 180 days. The letter shall be signed by an individual or individuals authorized to execute legal documents on behalf of the Respondent.

4.1.4 Personnel.

Respondent shall also identify a Management Contact (Representative authorized to sign an agreement for your firm) and a Project Manager (person responsible for day-to-day management of the project). The successful Respondent may only change the Management Contact, Project Manager, and other supporting staff and specialists with prior written permission of the City.

4.1.6 Scope of Work
Provide a detailed scope of services which reflects the Scope of Services described in this RFP. Proposals must address all items set f orth in Section 3 "Scope of Work." Additional information which, in your opinion, should be included must be clearly identified.

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Request for Proposals

(c) List all public agencies (not to include the City) for which contracts were terminated in the last three years. Show names of organizations and names and telephone numbers of persons who can be contacted. Firms may provide a brief explanation of the reason(s) for termination(s).

4.1.8 Additional Forms
The following forms are included in Attachment “2” Required Forms:
(a) Respondent must submit the attached “Acknowledgment of Insurance Requirements” form acknowledging that it has reviewed the insurance requirements and will provide such insurance. The applicable insurance requirements are set forth in the standard agreement form, attached hereto as Attachment “3”. (b) Respondent must submit a Declaration of Political Contributions, signed under penalty of perjury, regarding disclosure of political contributions to City officials. (c) Respondent must submit the acknowledgement for the Fraud Policy.

4.1.9 Cost Proposal
Include a detailed cost proposal for each phase of work inclusive of all hourly rates, anticipated travel, and other incidental costs and charges.

4.2 Proposal Format
One (1) electronic pdf version emailed to Rose Rivera, [email protected].

Proposals shall be organized in the order presented above. Proposals must include page numbers for all pages in the Proposal.

Proposals received in the mail after 5 :00 p.m. on the date indicated in Section 2, regardless of the date of their postmarks, will be rejected.

Proposals will be received at the following address:

City of Aliso Viejo
Rose Rivera, Senior Planner
12 Journey, Suite 100
Aliso Viejo, CA 92656
Attn: Professional Affordable Housing Implementation Services

If hand delivered, address as above and deliver to the City Clerk receptionist on the first floor of City Hall.

The envelope should clearly indicate "Proposal for Affordable Housing Implementation Services" and Respondent's name and address shall appear in the upper left-hand corner of the 135
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envelope. If more than one envelope is required, each envelope shall be legibly numbered below the name of the Respondent, e.g. Envelope 1 of 3, as required.

6. EVALUATION

6.1 Evaluation Criteria.

A Selection Committee will evaluate and rank the proposals. Proposals will be evaluated according to the following criteria:

If selected, Respondent will be expected to execute a contract with the City in substantially the same form as the Agreement attached hereto as Attachment “3.”

The City will review and evaluate the basis of the protest provided the protest is filed in strict conformity with the foregoing. The City shall provide the Respondent submitting the protest with a written statement concurring with or denying the protest. Action by the City relative to the protest will be final and not subject to appeal or reconsideration. The procedure and time limits set forth in this section are mandatory and are the Respondent’s sole and exclusive remedy 136
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in the event of protest. Failure to comply with these procedures will constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

8. GENERAL PROVISIONS

8.2 Amendments to RFP. The City reserves the right to amend the RFP or issue to all Respondents a Notice of Amendment to answer questions for clarification.

8.3 N o Commitment to Award. Issuance of this RFP and receipt of P roposals does not commit the City to award a contract. The City expressly reserves the right to postpone the RFP process for its own convenience, to accept or reject any or all Proposals received in response to this RFP, to negotiate with more than one Respondent concurrently, or to cancel all or part of this RFP.

8.4 A mendments to Proposals. No amendment, addendum or modification will be accepted after the deadline stated herein for receiving Proposals. Respondent may modify or amend its Proposal only if the City receives the amendment prior to the deadline stated herein for receiving Proposals.

8.6 Lat e Proposals . The City will not be responsible for Proposals that are delinquent, lost, incorrectly marked, sent to an address other than that given herein, or sent by mail or courier service and not signed for by the City.

8.7 C
osts for Preparing. The City will not compensate any Respondent for the cost of preparing any Proposal, and all materials submitted with a Proposal shall become the property of the City. The City w ill retain all Proposals submitted and may use any idea in a Proposal regardless of whether that Proposal is selected.

8.8 A
lternative Proposals . Only one final Proposal is to be submitted by each Respondent. Multiple P roposals will result in rejection of all P roposals submitted by the Respondent.
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8.9 Public Documents; Confidential Information.

Proposals submitted in response to this RFP shall be held confidential by City and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.) until after either City and the successful Respondent have completed negotiations and entered into the Agreement or City has rejected all Proposals. All correspondence with the City including responses to this RFP will become the exclusive property of the City and will become public records under the California Public Records Act. The City will have no liability to the Respondent or other party as a result of any public disclosure of any Proposal.

If a Respondent desires to exclude a portion of its Proposal from disclosure under the California Public Records Act, the Respondent must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Respondent submits trade secret information, the Respondent must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary” (“Proprietary Information”), the City will provide Respondents who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. Respondent shall have five (5) working days after receipt of such notice to give City written notice of Proposer's objection to the City's release of Proprietary Information.

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City of Aliso Viejo
Request for Proposals

CITY OF ALISO VIEJO

REQUEST FOR PROPOSALS
Attachment 1 – Scope of Work

The City of Aliso Viejo is interested in contracting with an experienced professional company on behalf of the City to:

• Respond to inquiries from the general public regarding affordable housing opportunities in the City.

• Determine eligibility for prospective homebuyers purchas ing deed- restricted affordable units.

• Prepare loan documentation for homebuyers purchasing deed- restricted affordable units to include the following components:
o Affordable Housing Re-Sale Restriction;
o Escrow Instructions; and
o Payoff processing and re-conveyance/release preparation.

• Coordinate with escrow and title on the resale of properties and the refinancing of affordable units.

• Review terms to determine eligibility to refinance first trust deed loans.

• Prepare subordination Agreement preparation for re-financings.

• Maintain eligibility income data and records for homebuyers purchasing deed- restricted affordable units.

• Verify compliance of all affordable unit property owners via annual ownership recertification and follow up.

• As necessary, assist staff with the review of documentation provided by the developments with affordable rental units.

• As necessary, assist staff in any required code enforcement action against individuals that do not comply with the applicable affordability restrictions and terms.

• As necessary, assist staff with the provision of data pertinent to affordable housing based grants.

Please note, the City receives a “Housing Trust Fund Contribution” as an administrative and monitoring contribution upon the closing of each and all escrows in connection with the sale of an affordable property in an amount equal to five percent (5%) of AMI for the presumed family size. The City assumes that the time and work necessary to proces s one such sale would not exceed the contribution provided.

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City of Aliso Viejo
Request for Proposals

CITY OF ALISO VIEJO

REQUEST FOR PROPOSALS

Attachment 2 – Required Forms

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City of Aliso Viejo
Request for Proposals

CITY OF ALISO VIEJO

SUMMARY SHEET

Firm Name:

Firm Parent or Ownership:

Firm Address:

Firm Telephone Number:

Firm Fax Number:

Number of years in existence:

Management Contact (person responsible for direct contact with the City of Aliso Viejo and auditing services required for this Request for Proposals):

Name: Title:

Telephone Number: Fax:

Email:

Project Manager (Person responsible for managing the audit at the client site and preparation of the audit work papers):

Name: Title:

Telephone Number: Fax:

Email:

Types of services provided by the firm:

Signature Print Name Title

This executed form must be submitted with the Proposal.

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City of Aliso Viejo
Request for Proposals

CITY OF ALISO VIEJO

DECLARATION OF POLITICAL CONTRIBUTIONS

To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:

City, State Date

Name of Business Print Name

Signature

This executed form must be submitted with the Proposal.

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City of Aliso Viejo
Request for Proposals

CITY OF ALISO VIEJO

ACKNOWLEDGMENT OF RECEIPT OF FRAUD POLICY

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

This executed form must be submitted with the Proposal.

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City of Aliso Viejo
Request for Proposals

CITY OF ALISO VIEJO

ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS

I,______________________________, the ____________________________________ (President, Secretary, Manager,
Owner or Representative)

Firm:

Name (Please Print or Type)

By:

Signature

Date:

This executed form must be submitted with the Proposal. 144
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Request for Proposals

CITY OF ALISO VIEJO

REQUEST FOR PROPOSALS
Attachment 3 – Agreement Form

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CITY OF ALISO VIEJO

PROFESSIONAL SERVICES AGREEMENT
FOR

AFFORDABLE HOUSING IMPLEMENTATION 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 [INSERT NAME OF COMPANY] , a [INSERT TYPE OF BUSINESS; CORPORATION; LIMITED LIABILITY COMPANY; ETC.] , with its principal place of business at [INSERT ADDRESS] (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of professional affordable housing implementation consultant services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional affordable housing implementation consultant services to public clients, is licensed in the State of California, and is familiar with the plans of City.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services . Consultant 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 afford able housing implementation consultant 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 T
erm . The term of this Agreement shall be from July 1, 2022 to June 30, 20, 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. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Consultant or under its supervision. Consul tant will determine 146
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the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant shall complete, execute, and submit to City a Request for Taxpayer 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 Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personne l performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control.

3.2.2 Schedule of Services.

3.2.2.1 Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedu le of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.2.2 Neither City nor Consultant 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 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 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 Consultant 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.

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compensation. Notwit hstanding 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 Consultant shall be subject to the approval of City.

3.2.4 S ubstitution of Key Personnel. Consultant 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, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for caus e. 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 Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: [INSERT NAME(S)].

3.2.6 C
onsultant’s Representative. Consultant hereby designates [INSERT NAME OR TITLE] , or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Represe ntative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement.

3.2.7 C
oordination of Services. Consultant agrees to work closely with City staff in the performance of Ser vices and shall be available to City’s staff, consultants and other staff at all reasonable times.

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Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants 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 Consultant and shall not be re -employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Consultant shall keep itself fully infor med 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. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising theref rom. Consultant 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 alle ged failure to comply with such laws, rules or regulations.

3.2.10 I
nsurance.

3.2.10.2 T
ypes of Insura nce 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 Consultant 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, Consultant 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 li ability exclusion 149
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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: [Include only if there is a pollution liability exposure.]
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 limiting contractual liability or coverage for cross liability of claims or suits by one insured against another.

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(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 Consultant; 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 151
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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 Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

3.2.10.6 D eductible . Any deductible or self -insured retention must be approved in writing by the City and shall prote ct 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 E
vidence of Insurance. The Consultant, 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, Consultant 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 insurance has been reinstated or has been provided through another insurance company or companies.

3.2.10.8 F
ailure to Maintain Coverage. Consultant 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 Consultant until Consultant has fully complied with the insurance provisions of this Agreement.

In the even t that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant 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 insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.10.10 I
nsurance for Subconsultants. All Subconsultants shall be included as additional insureds under the Consultant’s policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant’s policies.

3.2.11 S
afety . Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at 152
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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 subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, 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 proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

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 P
ayment of Compensation.

Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. 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 receiving such statement, review the statement and pay all non- disputed and approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 P
revailing Wages ; DIR Registration.

3.3.5.1 Consultant 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 “public works” and “maintenance” projects.

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more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy o f the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant 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 i nterested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. It is the intent 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 Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant 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 Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be 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. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant 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 Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effecti ve date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement e xcept for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.2 E
ffect of Termination. If this Agreement is termina ted as provided herein, City may require Consultant to provide all finished or unfinished Documents 154
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and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant 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 D elivery 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:

Consultant:
[INSERT NAME, ADDRESS & CONTACT PERSON]
City:

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 embodied 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 diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant 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 Agreement shall be at City’s sole risk.

3.5.3.2 C
onfidentiality . All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written 155
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information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.

3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information (“Proprietary Information”) unless the City’s legal counsel determines that the release 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 Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information.

3.5.4 F
raud Policy. Consultant shall provide a copy of the City’s Fraud Prevention Policy to each of its employees assigned to perform Services under this Agreement.

Consultant shall submit to the City a statement signed by an authorized representative for Consultant certifying receipt of the City’s Fraud Prevention Policy. A finding by the City t hat any of Consultant’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 termination of this Agreement. Consultant shall reimburse the City for any costs and expenses associated with fraud against the City.

3.5.5 C
ooperation; 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 A
ttorney’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 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 I
ndemnification .
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3.5.7.1 To the fullest extent permitted by law, Consultant 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 Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant'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 such loss or damage caused by the sole negligence or willful misconduct of the City .

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 G
overning Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.10 T ime of Essence. Time is of the essence for each and every provision of this Agreement.

3.6 C ity’s Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.

3.7 S uccessors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.8 A ssignment or Transfer. Consultant 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 be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

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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 calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, 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 Wai ver . No waiver of any default shall constitute a waiver of any other default 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 N
o Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.13 I nvalidity; 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.

3.15 E
qual Opportunity Employment . Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, 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. Consultant 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 L
abor Certification . By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self - 158
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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. Consultant 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 C
ounterparts . This Agreement may be signed in counterparts, each of which shall constitute an original.

3.19 D eclaration of Political Contributions . Consultant 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 Consultant and all of Consultant’s employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement.

3.20 Subcontracting.

3.20.1 Prior Approval Required. Consultant 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 [INSERT NAME]

IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this ____ day of __________, 202__.

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:

Gina Tharani
Director of Financial Services
[INSERT NAME OF CONSULTANT]

[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:_________________________

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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 Consultant and all of Consultant’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. 161
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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

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A-1

EXHIBIT “A”

SCOPE OF SERVICES

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B-1

EXHIBIT “B”

SCHEDULE OF SERVICES
[INSERT SCHEDULE OF SERVICES]

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C-1

EXHIBIT “C”

165
City of Aliso Viejo

AGENDA ITEM
DATE: June 15, 2022
TO: Mayor and City Council
FROM: Shaun Pelletier, Director of Public Works/City Engineer SUBJECT: FISCAL YEAR 2022-23 PROJECT LIST FOR ROAD MAINTENANCE AND REHABILITATION ACCOUNT FUNDING (SB 1)
Recommended Action:

Adopt a Resolution of the City Council of the City of Aliso Viejo which adopts a list of projects for fiscal year 2022-23 funded by SB 1: The Road Repair and Accountability Act of 2017.

Fiscal Impact:

SB 1 Road Maintenance and Rehabilitation Account (RMRA) funds are projected to be about $1,135,470 in FY 2022-23.

Background:

This Road Maintenance and Rehabilitation Account (RMRA) funding began being received in January 2018 with projected funds collected of around $4 million through the remainder of this year and about $1,100,000 next fiscal year.

Current year funds are being applied towards the Slurry Seal project, Deerhurst/Wolverine/Foxborough Rehabilitation, and Aliso Creek Road (Aliso Viejo Parkway to City Limit) Design.

Discussion:

Use of RMRA funds requires additional reporting through the California Transportation Commission (CTC). Each year the Council approved projects proposed to utilize the funds must be submitted to the CTC for approval. Expenditure reports are subsequently due at the end of each year to account for the funds. The required resolution adopting the project list to be sent to CTC is attached for Council approval. 166

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Aliso Viejo City CouncilJune 15, 2022

Aliso Viejo City Council
June 15, 2022