equipment and rising maintenance costs prompted staff to evaluate options for modernization and consolidation.
Staff recommends transitioning the City’s copier fleet to a single agreement with C3 Tech through the County of Orange Regional Cooperative Contract. This transition will replace the existing fleet with fourteen modern multifunction devices. Although the number of machines will decrease from fifteen to fourteen, the upgraded equipment provides significantly greater capacity, efficiency, and reliability. Current usage demands will be fully accommodated without disruption to City operations.
Under the proposed agreement, C3 Tech will also assume all remaining lease obligations associated with the City’s current vendor, MRC (Xerox). C3 Tech will take possession of the existing equipment and coordinate its return to the current vendor at the appropriate time.
To evaluate consolidation options, staff requested updated proposals from both MRC and C3 Tech through the County of Orange Regional Cooperative Contract. The cooperative contract option provides the most cost effective solution and simplifies the City’s copier environment under a single vendor and agreement.
Pursuant to Laguna Beach Municipal Code Section 2.30.050, the City may procure goods and services through cooperative purchasing programs competitively bid by other public agencies. The County of Orange competitively solicited and awarded Contract No. RCA-017-23010022 to C3 Office Solutions, doing business as C3 Tech, for digital multifunction copiers, printers, software, accessories, and related services.
Although the City operates a smaller copier fleet, participation in the County’s higher volume cooperative contract provides more favorable pricing and contractual terms than the City could achieve independently.
The City has also utilized C3 Tech services on a trial basis through the Marine Safety Department. Staff found the equipment performance and vendor service to be reliable and responsive.
FINANCIAL ANALYSIS
The proposed agreement with C3 Tech establishes a fifty four month term aligned with the County of Orange Regional Cooperative Contract, expiring September 10, 2030. The agreement is also co termed with the existing Marine Safety copier equipment.
A comparative analysis shows that utilizing the County cooperative contract reduces the City’s current monthly cost from $7,841.80 to $6,456.59, resulting in a monthly savings of $1,385.21.
The proposed agreement also allows the City to modernize a larger portion of its copier fleet. The cooperative contract replaces fourteen machines compared to only six under the alternative proposal, allowing the City to retire obsolete equipment that carries higher maintenance costs.
In addition, C3 Tech will assume all remaining lease obligations from the City’s current vendor, MRC (Xerox). C3 Tech will manage the removal and return of the equipment at the appropriate time, eliminating additional administrative and financial burdens on the City. 2 of 213
SERVICE AGREEMENT WITH C3 TECH FOR CITYWIDE COPIER LEASE AND
MAINTENANCE SERVICES
March 10, 2026
Funding for copier lease and maintenance services is included in the operating budgets of the participating departments and will continue to be budgeted annually. The agreement provides cost predictability throughout the contract term and avoids near-term capital replacement costs for aging equipment.
ENVIRONMENTAL ANALYSIS
This action is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15378(b)(4) and (b)(5). The contract constitutes funding and administrative activity that will not result in a direct or reasonably foreseeable indirect physical change to the environment.
ATTACHMENTS
1. Pros and Cons Analysis (Pg. 4)
2. Service Agreement with C3 Tech (Pgs. 5-40)
Submitted By:
. Approved: .David A Kiff
Jeremy Frimond, Assistant City
Manager
Dave Kiff, City Manager
Report Prepared By: Coordinated With:
Jerry Soto, IT Manager Patrick Donegen, Assistant City Attorney Eva Pierce, Procurement Officer
Mandy Low, Project Manager
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Summary of Pros and Cons: Service Agreement with C3 Tech for Citywide Copier Lease and Maintenance
Pros Cons / Risks
Cost Savings: Reduces monthly cost from
$7,841.80 to $6,456.59, producing savings of
approximately $1,385 per month.
Long Term Commitment: A 54-month
agreement limits flexibility if technology
needs or printing demand change significantly.
Operational Efficiency: Consolidates
multiple leases and vendors into a single
agreement, reducing administrative oversight
and procurement complexity.
Vendor Dependence: Reliance on a single
vendor for all copier services.
Modernized Equipment: Replaces aging
machines and eliminates four obsolete City
owned copiers nearing end of life.
Reduced Device Count: Fleet reduction from
15 to 14 devices could create localized
demand pressure in high use departments if
usage patterns shift.
Improved Service Support: Single vendor
structure simplifies maintenance, service
requests, and accountability.
Technology Obsolescence Risk: Equipment
may feel outdated before the end of the 54
month term.
No Capital Replacement Needed: Lease
structure avoids near-term capital
expenditures for replacement equipment.
Lease Based Model: The City continues to
pay for equipment without building ownership
value in the assets.
Cooperative Purchasing Advantage:
Participation in the County of Orange
cooperative contract provides pricing
leverage from larger procurement volume.
Transition Risk: Equipment replacement and
vendor transition could cause short term
operational disruption if not carefully
managed.
Transition Cost Covered: C3 Tech will
assume remaining lease obligations with the
existing vendor and handle equipment return
logistics.
Potential Future Needs: The City may
require additional devices or services beyond
what is currently anticipated, requiring use of
the contingency allowance.
Predictable Budgeting: Fixed monthly
payment allows departments to plan
operating budgets with certainty.
Validated Service Quality: The vendor has
already provided services to the Marine
Safety Department with satisfactory
performance.
Attachment 1
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-1-
COOPERATIVE USING AGREEMENT BETWEEN
THE CITY OF LAGUNA BEACH
AND
C3 OFFICE SOLUTIONS LLC DBA C3 TECH
This Cooperative Using Agreement for Citywide Copier Lease and Maintenance Services (“Agreement”) is entered into as of the __ day of _____, 2026, by and between the City of Laguna Beach, a Municipal Corporation (“City”) and C3 Office Solutions LLC dba C3 Tech, a Limited Liability Company (“C3 Tech”) authorized to conduct business in the State of California as a Copier Lease and Maintenance Services Provider, effective from May 3, 2023 and continues in effect through May 02, 2030, based on C3 Tech’s response to RFP issued by the County of Orange, State of California for Digital Multifunctional Copiers, Printers, Software, Related Accessories and Services. City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement
RECITALS
WHEREAS, on May 3, 2023, County of Orange, State of California (the “County”) entered into a contract with C3 Tech, designated as Regional Cooperative Contract No. RCA-017- 23010022, to provide Digital Multifunctional Copiers, Printers, Software, Related Accessories and Services (the “County of Orange Contract”); and
WHEREAS, the County of Orange Contract allows the provisions and pricing of the County of Orange Contract to be extended to other California local or state governmental entities; and
WHEREAS, the City has an existing contract with another vendor for Digital Multifunctional Copiers, Printers, Software, Related Accessories and Services (“Copier Lease and Maintenance Services”); and
WHEREAS, over the past few months, the City’s Marine Safety department, on a trial basis, recevied these services from C3 Tech and due to the cost and quality of service, the City now desires to transition its entire Copier Lease and Maintenance Services Citywide to C3 Tech pursuant to this Agreement; and
WHEREAS, it is in the public interest of the City to obtain Copier Lease and Maintenance Servies to ensure the efficient operation of the City; and WHEREAS, the City, therefore, desires to utilize the pre-negotiated pricing, terms, and conditions established under the County of Orange Contract for Digital Multifunctional Copiers, Printers, Software, Related Accessories and Services to ensure efficiency, cost-effectiveness, and continuity in addressing the City’s needs; and,
WHEREAS, pursuant to Section 2.30.050(c) of the Laguna Beach Municipal Code, the City is exempt from customary biding procedures if the underlying purchase was based on the bidding efforts of another public agency;
WHEREAS, C3 Tech has the experience, equipment, manpower, general ability, and resources as well as the necessary qualifications to provide the Copier Lease and Maintenance Services; and
Attachment 2
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WHEREAS, for greater economy and efficiency and to benefit its citizens, the City wishes to contract with C3 Tech to provide the City with those services as set forth in the County of Orange Contract on the same terms and conditions set forth therein pursuant to this Agreement.
WHEREAS, the City and C3 Tech previously entered into that certain Copier Lease and Maintenance Agreement dated September 15, 2025, identified as Agreement No. 25-86, for copier lease and maintenance services for the Marine Safety Department; and WHEREAS, the parties now desire to incorporate and expand the scope of the services provided under Agreement No. 25-86 into this new, Citywide agreement; and WHEREAS, upon the effective date of this Agreement, Agreement No. 25-86 shall be fully superseded, replaced, and terminated, and shall have no further force or effect.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the Parties hereto agree as follows:
1. Recitals. The foregoing recitals are true and correct and are a part of this Agreement.
2. Exhibits. The County of Orange Contract is attached hereto as Exhibit 1 and incorporated into and made a part of this Agreement. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the County of Orange Contract.
3. Terms. For purposes of this Agreement, the following terms and references within the County of Orange Contract will be adjusted as outlined below:
A. “County” and “County of Orange” to “City of Laguna Beach”
4. Scope of Work. C3 Tech will provide the Copier Lease and Maintenance Services including, but not limited to, installation of fourteen (14) new Sharp copiers under a fiftyfour (54) month lease. Services include maintenance, supplies, parts, technical support, and analyst services. C3 Tech Shall perform all other contractual responsibilities that C3 Tech assumes toward the County under the County of Orange Contract in accordance with the terms of the County of Orange Contract and this Agreement. City will perform its contractual responsibilities towards C3 Tech in accordance with the County of Orange Contract and this Agreement.
C3 Tech agrees to buy out the remaining fourteen (14) months of the City’s existing copier lease obligations in the amount of $73,682.57. C3 Tech shall remove the affected equipment from City facilities and transport and store the equipment at its warehouse, as identified in Exhibit 2.
5. Compensation. City agrees to pay C3 Tech based on the schedule of fees set forth in the County of Orange Contract, in an amount not to exceed $348,655.86 over the fiftyfour month term beginning April 1, 2026 and expiring September 10, 2030 ($6,456.59 / monthly x 54-months) for the services reflected in Exhibit 2, which is attached hereto and incorporated herein by reference.
In addition, City may authorize a contingency amount of up to ten percent (10%) of the total contract amount, to be used at the City’s discretion for additional copiers and related services identified during the term of this Agreement. The total compensation, including contingency, shall not exceed $383,521.45 for the entirety of the Agreement unless amended in writing by the parties.
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6. General. A. Terms and Conditions of the County of Orange Contract. Except as otherwise adjusted herein, all other terms and conditions of the County of Orange Contract, including all insurance, warranties, and indemnities, remain in full force and effect.
B. Entire Agreement. This Agreement, including all Exhibits, constitutes the entire agreement of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be executed in multiple counterparts, and shall have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing, or by electronic signature, including by email. An electronic signature, or a facsimile copy or computer image, such as a PDF image, of a signature, shall be treated as and shall have the same effect as an original signature. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties.
7. Authority to Execute Contract. The person(s) executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
8. Notices. Unless otherwise provided herein, any notices required to be given under the Agreement shall be in writing with copies as directed herein and shall be personally delivered, or delivered by United States mail, prepaid, certified, return receipt requested, or by reputable document delivery service that provides a receipt showing date and time of delivery. Notices personally delivered or delivered by a mail document delivery service shall be effective upon receipt. Any notice given by mail shall be deemed to have been given when deposited in the United States mails certified and postage prepaid, addressed to the party to be served as follows:
Contractor:
C3 Office Solutions, LLC dba C3 Tech
Attn: Samantha Sanchez-Lee
1536 E. Warner Ave,
Santa Ana, CA. 92705
[email protected]
City’s Project Manager:
City of Laguna Beach
Attn: City Manager; IT Manager
505 Forest Avenue
Laguna Beach, CA 92651
[email protected]
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Changes in the address to be used for receipt of notices shall be effected in accordance with this Section.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE FOR CITY OF LAGUNA BEACH COOPERATIVE AGREEMENT
CITYWIDE COPIER LEASE AND MAINTENANCE SERVICES
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
CITY OF LAGUNA BEACH
Approved By:
Dave Kiff
City Manager
Attested By:
Ann Marie McKay
City Clerk
C3 OFFICE SOLUTIONS LLC DBA C3
TECH
Approved By:
Signature
Name
Title
Attested By:
Signature
Name
Title
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-6-
EXHIBIT “1”
COUNTY OF ORANGE, REGIONAL COOPERATIVE CONTRACT
RCA-017-23010022 DATED MAY 3, 2023
EXHIBIT “2”
SUPPLEMENTAL AGREEMENT – EQUIPMENT SCHEDULE A
MAINTENANCE AGREEMENT
C3 TECH PROPOSAL
[ATTACHED]
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Buyout/Lease End Responsibility Letter
Date: _2/17/26__________________ Account Information:
City of Laguna Beach
500 Forest Ave.
Laguna Beach, CA 9265
The purpose of this letter is to outline end of lease responsibilities for the following piece(s) of equipment:
Make: __See schedule A_____________ Model: ___________________ Serial Number: ___________________ Make: ___________________ Model: ___________________ Serial Number: ___________________ It is __City of Laguna Beach s____________________ responsible for the following:
1. Comply with all of the contractual end of lease obligations between themselves and _ Xerox Financial____ (Lessor) including, but not limited to, all financial considerations.
2. Timely notification to the Lessor, following the terms of the lease, of your desire to return equipment at the lease end.
3. Obtain the Return Authorization from Lessor.
4. Timely notification to C3 Tech in writing, of lease return information and location.
5. Failure to comply with any of the above may incur Customer additional charges from the Lessor.
6. C3 Tech maximum financial commitment will not be greater than the amount listed below.
7. C3 Tech will store customer s copiers at their warehouse until it is time to return them to the leasing company. responsibility for the following:
1. Coordination and support associated with pick-up of the above listed equipment.
2. choice.
3. Check to __City of Laguna Beach _____________ in the amount of $__73,682.57_______, representing payment for (see schedule A)_____ remaining payments on lease #_(see schedule A)_ __________ with__Xerox Finanacial _____________. Signature below indicates acknowledgment of receiving and understanding all of the responsibilities as outlined above.
Please do not sign if Make, Model and Serial Number is not shown above. _____________________________________________ _____________________________________________ Signature Print Name
_____________________________________________ _____________________________________________ Title Date
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Lease Number Make Location Expiration Model Serial Nex Steps 010-0983512-002 Xerox Fire Dept 4/16/2027 AltaLink Xerox C8145 EHQ407403 Xerox City Clerk PrimeLink Xerox C9070 DQP152065 Xerox Community Development PrimeLink Xerox C9070 DQP151935 Xerox Corp Yard AltaLink Xerox C8145 EHQ407420 Xerox Main Copy Room PrimeLink Xerox B9100 EDQ728152 Xerox Upstairs Hallways PrimeLink Xerox C9070 DQP152668 Xerox Senior Center C415 QCQ117432 Xerox IT Trailer Phaser 6180 DPX362440 Xerox Vault C415 QCQ117437 Xerox Vault C8000 PZQ979169 C3 Tech to Store at their warehouse C3 Tech to wipe harddrive and e-waste 4/16/2027 211-0983512-001 Owned Owned 16 16 of 213
0 February 17th, 2026
Presented by:
Samantha Sanchez-Lee
Proposal Prepared for:
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1 Current Copier Environment
Vendor: Xerox
Total Devices: 15 copiers
Lease Terms: Spread across 3 different lease end dates
Total Monthly cost: $7,944.47 per month
Challenges with Current Setup
Billing Problems
o Ongoing billing mistakes
o Time-consuming process to dispute errors and get resolution o Difficult and time-consuming to get correct lease information and meter reads for this project
Service Issues
o Poor response times and inadequate support
o Often times unresponsive unless asked about the contract o Police Department has had to work with only 1 copier while they wait days for the other machines to be fixed
Toner Supply Inefficiencies
o Automation system does not function correctly, and Xerox is not helpful in fixing the issue (specifically at the police department)
o Time wasted trying to explain situation get toner required o Departments are borrowing from each other leaving an administrative mess Focus for this proposal:
Modernize and upgrade all copiers and printers
Consolidate everything under one trusted vendor simplifying support, billing, and accountability Reduce overall costs
Move to a single lease with one unified end date
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2 Proposed Solutions
This proposal recommends replacing the 15 existing machines with upgraded models, providing improved performance, reliability, and security while reducing the monthly total cost. This proposal leverages the County of Orange RCA piggybackable contract.
Proposal Details
54 month lease + service: $6,456.59 / month ($1,487.88 savings a month!) o 28,000 black and white & 25,000 color copies included per month Overages: If you surpass the allotted copies the following overage rates will apply:
o Black and white: $0.00297
o Color: $0.0347
All supplies (less paper and staples), parts service, preventative maintenance, shipping, and analyst services included
Benefits to Partnering with C3 Tech
Platinum level of service (1 of 2 companies awarded this level of service in California) LOCAL: We understand your city! (hyperlocal support)
Dedicated local billing team
Ability to leverage County of Orange RCA allowing for significant savings Modern security and compliance for government agencies
Strong references from neighboring cities
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3 Police Department 1 (replacing EFQ442755)
65 page per minute color copy, scan, fax, staple,
hole punch
Leading multi-layered security features validated
by Keypoint Intelligence and Agile Cybersecurity
Systems
Built-in retractable keyboard for efficient workflow
AI assisted scanning technology to adjust resolution
Microsoft friendly. Combines advanced security and
printing with Universal Print
Police Department 2 (Replacing 3AU230181)
36 page per minute color copy, scan
Leading multi-layered security features validated
by Keypoint Intelligence and Agile Cybersecurity
Systems
Built-in retractable keyboard for efficient workflow
AI assisted scanning technology to adjust resolution
Microsoft friendly. Combines advanced security and
printing with Universal Print
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4 Police Department 3 (replacing ID 3AU230761)
36 page per minute color copy, scan, fax, staple
Leading multi-layered security features validated
by Keypoint Intelligence and Agile Cybersecurity
Systems
Built-in retractable keyboard for efficient workflow
AI assisted scanning technology to adjust resolution
Microsoft friendly. Combines advanced security and
printing with Universal Print
Public Works (replacing DQP140524)
70 page per minute color copy, scan, staple, hole
punch
Leading multi-layered security features validated
by Keypoint Intelligence and Agile Cybersecurity
Systems
Built-in swing-out keyboard for efficient workflow
Customizable touch-screen display
AI assisted scanning technology to adjust resolution
Microsoft friendly. Combines advanced security and
printing with Universal Print
*Power needs to be updated
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5 HR (replacing 3AU230171)
36 page per minute color copy, scan, fax, staple
Leading multi-layered security features validated
by Keypoint Intelligence and Agile Cybersecurity
Systems
Built-in retractable keyboard for efficient workflow
AI assisted scanning technology to adjust resolution
Microsoft friendly. Combines advanced security and
printing with Universal Print
Fire Station (replacing EHQ407403)
45 page per minute color copy, scan, fax, staple
Leading multi-layered security features validated
by Keypoint Intelligence and Agile Cybersecurity
Systems
Built-in retractable keyboard for efficient workflow
AI assisted scanning technology to adjust resolution
Microsoft friendly. Combines advanced security and
printing with Universal Print
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6 Corp Yard (replacing EHQ407420)
45 page per minute color copy, scan, fax, staple
Leading multi-layered security features validated
by Keypoint Intelligence and Agile Cybersecurity
Systems
Built-in retractable keyboard for efficient workflow
AI assisted scanning technology to adjust resolution
Microsoft friendly. Combines advanced security and
printing with Universal Print
City Clerk (replacing DQP152065)
70 page per minute color copy, scan, fax, booklet
finisher, hole punch, embedded fiery
Leading multi-layered security features validated
by Keypoint Intelligence and Agile Cybersecurity
Systems
AI assisted scanning technology to adjust resolution
Microsoft friendly. Combines advanced security and
printing with Universal Print
*Power needs to be updated
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7 Community Development (replacing DQP151935)
Upstairs Hallway (replacing DQP152668)
80 page per minute color copy, scan, staple,
embedded fiery
Leading multi-layered security features validated
by Keypoint Intelligence and Agile Cybersecurity
Systems
AI assisted scanning technology to adjust resolution
Microsoft friendly. Combines advanced security and
printing with Universal Print
*Power needs to be updated
Main Copy Room (replacing EDQ728152) 90 page per minute black and white copy, scan, fax staple
Leading multi-layered security features validated
by Keypoint Intelligence and Agile Cybersecurity
Systems
AI assisted scanning technology to adjust resolution
Microsoft friendly. Combines advanced security and
printing with Universal Print
*Power needs to be changed
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8 Vault (replacing YCQ117437 AND PZQ979169)
65 page per minute color copy, scan, fax, staple
Leading multi-layered security features validated
by Keypoint Intelligence and Agile Cybersecurity
Systems
Built-in retractable keyboard for efficient workflow
AI assisted scanning technology to adjust resolution
Microsoft friendly. Combines advanced security and
printing with Universal Print
*Power needs to be updated
Senior Center (replacing YCQ117432)
65 page per minute color copy, scan
Leading multi-layered security features validated
by Keypoint Intelligence and Agile Cybersecurity
Systems
Built-in retractable keyboard for efficient workflow
AI assisted scanning technology to adjust resolution
Microsoft friendly. Combines advanced security and
printing with Universal Print
Awards & Recognitions:
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9 C3 Tech is proud to be one of only 24 dealers nationwide to receive AAA Platinum Level Status from Sharp Imaging and Information Company of America for the 2023-2024 Fiscal Year. This prestigious recognition places us among the top-tier service providers in the country, demonstrating our commitment to excellence in Managed Print Services. Out of 88 Sharp dealerships nationwide that achieved an A Rating or higher, C3 Tech stands out as a Platinum Level AAA provider one of only two in California. The Platinum Level Service award is based on excellence in:
Using genuine Sharp parts and supplies to ensure optimal performance and longevity.
Commitment to continuous training, keeping our team at the forefront of industry advancements.
Utilizing remote diagnostic technology for proactive issue resolution.
Timely and accurate tracking of service tickets, ensuring rapid response and efficiency.
Greg Gumpright, Director of Services at Sharp, emphasizes:
"The Platinum Level Service award recognizes Sharp dealers such as C3 Tech that demonstrate exceptional customer support and the highest level of achievement in the critical areas of service rds, which recognizes C3 Tech for
meeting and exceeding performance benchmarks and implementing industry best practices." unwavering commitment to delivering superior service, proactive maintenance, and best-in-class customer support ensuring that The city receives unparalleled reliability and expertise in Managed Print Services.
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11 Experience
C3 Tech has over 30 years of experience providing comprehensive managed print services, copier leasing, and maintenance solutions for public sector clients, including municipalities, cities, and government agencies across Southern California. Our expertise spans the full lifecycle of print infrastructure management, from device procurement and deployment to proactive service and cost optimization.
Experience with Similar Work
C3 Tech has successfully implemented large-scale copier solutions for various government and public sector clients. Our work includes:
Municipal Copier Fleet Replacements Managing citywide fleet replacements, ensuring seamless integration with existing IT infrastructure, and optimizing device configurations for maximum efficiency and cost savings.
Long-term Lease and Maintenance Agreements Providing flexible, manufacturer-backed leasing options that comply with public procurement regulations, along with proactive maintenance services to minimize downtime.
Workflow Automation and Digital Document Management Assisting municipalities in streamlining document workflows, reducing paper waste, and enhancing document security.
C3 Tech understands the unique operational challenges faced by cities, including budget constraints, procurement requirements, and security compliance. Our solutions are designed to meet or exceed public sector standards while ensuring long-term sustainability.
Familiarity with State and Federal Procedures
C3 Tech has extensive experience in navigating the procurement regulations and compliance requirements associated with public sector contracts, including:
County of Orange Piggybackable RCA providing exclusive discounted pricing to government municipalities in Orange County, CA.
California Public Contract Code Ensuring compliance with state-mandated procurement guidelines for municipalities and government entities.
Federal & State Data Security Regulations Implementing secure printing and document management solutions that align with data protection laws such as CJIS (Criminal Justice Information Services) standards, HIPAA (Health Insurance Portability and Accountability Act), and CCPA (California Consumer Privacy Act).
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12 Relevant Public Sector Clients
City of Santa Ana
City of Orange
City of Seal Beach
City of Rancho Santa Margarita
City of Compton
City of La Mirada
City of Newport Beach
City of Buena Park
OC 405
County of Orange
Santa Margarita Water District
Newport Mesa Unified School District
OCTA - 405 Express Lanes
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13 Qualifications
Financial Responsibility
C3 Tech is a financially stable and well-established Copier and Managed Print Services provider with over 14 years in business. As an LLC with long-term partnerships in government and public sectors, we maintain strong financial standing and the resources necessary to execute large-scale contracts reliably. Our track record of fulfilling multi-year agreements demonstrates our commitment to financial responsibility and long-term service delivery.
Demonstrated Technical Ability
C3 Tech has extensive experience in Copier Fleet Management, IT solutions, and office technology, with a proven ability to optimize print environments, enhance security, and reduce operational costs.
Our team specializes in:
Fleet management for government agencies, municipalities, and school districts Secure printing solutions, including authentication via PIN, badge swipe, and Active Directory integration
Proactive remote monitoring, predictive maintenance, and software integration for automated ticketing and reporting
Deployment of advanced, energy-efficient print technologies All C3 Tech service technicians are certified and trained by the original equipment manufacturers (OEM), including Sharp, HP, Canon and Epson. We are authorized to service OEM hardware under warranty and use only OEM genuine parts or City-approved OEMcompatible supplies. If a compatible toner or part is found unsatisfactory, we will replace it at no charge and default to OEM-only for that device moving forward, per City requirements.
Capability for Innovation & Advanced Techniques
C3 Tech stays at the forefront of innovation in Managed Print Services by leveraging:
AI-driven predictive maintenance to prevent downtime
Cloud-based print management solutions for hybrid work environments Custom analytics and reporting dashboards, providing real-time usage insights and cost tracking We continuously explore advanced methodologies to optimize efficiency, enhance security, and support sustainability initiatives for our clients.
Special Qualifications, Training, & Credentials
C3 Tech is recognized as a Sharp AAA Platinum Level Service Provider, an elite status held by only 24 dealers nationwide and two in California. This designation is based on excellence in service, training, and advanced technical support. Our team holds:
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14 Sharp Certifications for Advanced MFP and Print Management Support IT & Security Certifications, including expertise in network security for print infrastructure Key Staff & Project Manager
Name Title Role Qualifications & Experience Length of
Service
Tony Sanchez President Executive Oversight 20+ years in office technology 30+ years Tricia Sanchez Owner Strategic Operations 15+ years in business management
30+ years
Davis Tran VP of
Operations
Contract
Administration &
Compliance
10+ years in MPS & IT
Solutions
15+ years
Samantha
Sanchez
Project
Manager
Designated Lead for
this Agreement
Expert in copier fleet
optimization, security, and
public sector contracts
3+ years
Field Service
Technicians
Certified
Technicians
Device Maintenance
& Support
Sharp & Epson Certified, ITtrained Varies (10-
20 years)
Designated Project Manager Samantha Sanchez
Samantha Sanchez will be the primary point of contact for the city of Laguna beach. With over five years of experience in Managed Print Services, Samantha specializes in fleet optimization, RFP implementation, and customer success management. Samantha has successfully managed large-scale public sector print projects, ensuring timely execution, cost savings, and high customer satisfaction.
With a highly skilled and experienced team, C3 Tech is fully equipped to provide best-in-class service, proactive maintenance, and innovative solutions to the city. 31 31 of 213
15 Key Personnel
C3 Tech has a strong reputation for delivering successful copier and printer fleet optimization to public sector clients. Our team is equipped with experienced professionals who understand the complexities and requirements of large-scale projects like the city . We have a well-rounded team of experts that will work cohesively to ensure the implementation, maintenance, and success of the MPS program.
Below is a detailed description of the key personnel, their qualifications, and their roles in the project, as well as a list of relevant projects and references.
Key Personnel
1. Tricia Sanchez Principal
Contact Information: (714)-689-1700 | [email protected] Role and Responsibilities
provide executive oversight for the project. With over 35 years of experience in the City of Laguna beach receives a high level of strategic direction, resource allocation, and ongoing performance evaluation.
Experience and Expertise
12-year sales career at Xerox and 23 years as co-founder and CEO of C3 Tech.
Her understanding of municipal governance, budget management, and customer-centric service delivery makes her uniquely suited to oversee this project.
2. Davis Tran VP of Operations
Contact Information: (949) 316-0001 | [email protected] Role and Responsibilities: As VP of Operations, Davis will manage the overall integration. Davis will work closely with The City of Laguna beach staff to ensure the smooth execution of all onboarding, service, and implementation processes.
Experience and Expertise: Davis has been with C3 Tech for over 14 years, starting as a Lead Trainer and working his way up to his current position. He has vast experience in developing technical solutions that enhance business efficiency and customer experience. His leadership will ensure that all aspects of the project are handled efficiently.
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16 3. Samantha Sanchez Project Manager / Implementation Specialist Contact Information: (949)-649-6141 | [email protected] Role and Responsibilities: Samantha will serve as the Project Manager for The City of Laguna Beach copier project. She will be responsible for the implementation and transition phases, ensuring that the deployment of new devices, the management of existing devices, and the training of staff are handled smoothly and efficiently.
Experience and Expertise: Samantha has been with C3 Tech for over 5 years and has a track record of successfully managing large-scale projects, including MPS implementations for public sector clients. Her attention to detail and commitment to customer satisfaction will be key to ensuring the success of this project.
4. Dennis McCabe Service Manager
Contact Information: (714) 454-0169 | [email protected] Role and Responsibilities: Dennis will oversee all maintenance and repair services for the devices. As Service Manager, he will ensure that service level agreements (SLAs) are met, and that any device downtime is minimized through proactive maintenance and rapid response times.
Experience and Expertise: Dennis has been with C3 Tech for over 7 years and consistently excels in providing timely service and excellent customer satisfaction. He leads a team of technicians that are well-versed in servicing multifunction devices and desktop printers, ensuring that all equipment remains operational at all times.
5. Liz Correa Administration Manager
Contact Information: (657) 383-4576 | [email protected]
Role and Responsibilities: Liz will oversee administrative functions, including managing customer service and billing inquiries for The city. She will serve as a key point of contact for all operational support.
Experience and Expertise: With over 20 years of experience at C3 Tech, Liz has city
receives the highest level of administrative support throughout the contract. 33 33 of 213
17 6. Sandra Magazzu Billing Specialist
Contact Information: (657) 383-4565 | [email protected] Role and Responsibilities: Sandra will manage all billing aspects of the project, ensuring accurate and timely invoicing. She will also provide support for any Experience and Expertise: Sandra brings over 25 years of accounting and billing experience, with a strong background in managing complex accounts for public sector clients.
7. Jenny Le Customer Experience Manager
Contact Information: (949) 316-0031 | [email protected] Role and Responsibilities: Jenny will handle contract management and equipment scheduling, ensuring that all devices are ordered, delivered, and installed according to the project timeline.
Experience and Expertise: Jenny has several years of experience managing vendor contracts and specializes in working with leasing companies. Her attention to detail ensures that all aspects of equipment leasing and implementation are handled smoothly.
8. Dedicated Onboarding and Training Team
Contact Information: (714) 689-1700 | [email protected] Role and Responsibilities: This team, consisting of Carina, Adrian, and Robert, will provide training and support to ensure the City of Laguna Beach experiences a seamless transition. They will deliver on-site training sessions for City of Laguna Beach staff and offer ongoing support for the Managed Print Services solution.
Experience and Expertise: This team has extensive experience in onboarding and training for MPS implementations. Their combined knowledge ensures that all users are fully trained and comfortable with the new system, and they will be available for any post-implementation support needs.
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18 Sample FM Audit Report
Sample Reporting MICAS Sharp Software
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19 How to Place a Service Call
Service calls can be placed via the following:
Customized online portal for My C3
o C3 Tech provides a secure, web-based customer portal for the City to view fleet data, service ticket status, meter reads, and invoices in real-time. The system supports bi-directional updates to track IMACD changes, device locations, and contact details, fully aligned with the City's asset management requirements.
o Set up is simple, and can give various permission levels based on what the end user needs to see o Can specify which location and machine, with the portal automatically entering the make and model of the device
o Allows for fleet management for the power users who can view many or all machines in the fleet
o Allow for vendor management, toner tracking and management and overall transparency for The City of Laguna Beach
Via E-Mail Your team can submit service tickets anytime to our [email protected] e-mail Via Phone You will always reach a live person when calling in for service or supplies and we can always be reached at (714) 689 1700
Either way, when you call or e-mail us just follow the steps below:
Your name and company
The address where the machine is located
The machine ID number located on the C3 Asset Tag sticker Describe the service needed as best as possible and if your machine is up, meaning it can still function or if it is fully down
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20 Sample Asset Tag
C3 has dedicated customer service representatives in our office and you will always get a live person when you call us. We believe in a personal touch when handling customer requests, and The City of Laguna Beach will not be subjected to choosing voice recorded options, interacting with an automated phone system, or be nearest technician with the details of the ticket. The assigned technician immediately receives the service work order on their smart phone and is required to call the customer within an hour with an ETA. The technician will be on site within 2 business hours. If the 2-hour response falls after hours, technician will arrive first thing the Upon completion of work, the technician will close out the call and log any reschedules or issue a follow up appointment as needed outside of 1st call fixes. Service reports are reviewed by the service manager and then issued to the customer as a summary report. We are fully transparent with our customers from the time of the rks with The City of Laguna Beach to
review and hold us accountable.
Service calls outside of the 1st call protocol will be placed on immediate attention. When the technician inputs the part numbers needed for the repair, our warehouse manager will start preparing the parts available. The technician can return to the warehouse (in Santa Ana) to pick it up and continue the call or reschedule at The earliest availability.
For all service calls, the end-users will also receive service notifications so that they can be updated realtime the status of their service calls. Once a service call has been placed, our technician(s) will call the enduser to confirm receipt of the call as well as provide them with an eta for their arrival. In addition, they will receive service ticket notifications to their e-mail for the following:
Ticket has been created
Technician has been dispatched
Technician has arrived
Service call has been completed and closed
Customer satisfaction survey sent after all completed calls 37 37 of 213
21 Sample Service Ticket Notification
Sample Survey for End User Satisfaction
*C3 Tech values all customer input and responses to continue to evolve and provide the best customer service possible. All scores are added to Net Promoter Score
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22 Ordering of Supplies
The process for ordering toner proactively is the same process as a service call. You have the option of the following:
C3 Portal
E-mail us at [email protected]
Call us at (714)-689-1700
Toner supplies will be delivered within two (2) business days of a low toner alert. Additionally, a supply buffer will be kept on-site per department as agreed upon during implementation. This ensures uninterrupted ment SLA.
Based on the pre-installation call and preference of the city, C3 will help The city to enforce their existing polices around toner ordering and supply program.
C3 Tech has a companywide environmental initiative in place across our business platform. Our goal and commitment for working towards creating long-term approaches for sustainability of the environment, while balancing our business goals, environmental responsibility, and the growth of our business. C3 is a leader in toner recycling programs, in conjunction with our vendors for supplies offer a toner pick up recycling program.
C3 can provide 2 options for the toner recycling program. Option 1 C3 will provide boxes with pre-labeled returns for The city, to which end-users have the flexibility to return at their own convenience. We recommend sending 6+ cartridges back at a time to reduce carbon footprint.
Option 2 Storage of used toners, and C3 will provide pick up of all toners to be recycled and sent back. -wide once a month, and anytime they are onsite for a service call, they will pick up any on hand and return the back to our warehouse to then be recycled.
In addition, C3 Tech provides all technicians with hybrid vehicles to minimize environmental impact while performing their daily duties
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23 40
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STAFF REPORT
Meeting Date:
March 10, 2026
CONSENT
10 SUBJECT: AWARD OF TASK ORDER AMENDMENT FOR DESIGN OF THE LAGUNA
BEACH LIBRARY IMPROVEMENTS
RECOMMENDATION: It is recommended that the City Council:
1. Authorize the City Manager to award a task order amendment to IDS Group in the amount of $451,597 for the design of the Laguna Beach Library Improvements Project;
2. Authorize project-related expenses and change orders for additional design-related services that may be required in an amount not-to-exceed $20,000; and
3. Find that the action consists of government activities, which do not result in a direct or indirect physical change in environment and therefore does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA).
SUMMARY OF THE MATTER
This report recommends that the City Council authorize a Task Order Amendment to IDS Group in the amount of $451,597 for expanded design services for the Laguna Beach Library Improvements Project and approve a not-to-exceed $20,000 contingency for additional design-related services.
In November 2025, the City issued a $74,938 task order for near-term interior improvements. Following coordination with Orange County Library staff, the project scope was expanded to include ADA restroom upgrades, interior reconfiguration, structural modifications, and development of flexible study and programming spaces to improve accessibility, functionality, and long-term operational efficiency.
Approval of the $451,597 amendment will bring the total design contract amount to $526,535. With the inclusion of the requested $20,000 contingency, the total potential design authorization would be $546,535.
Project C2612 currently has sufficient available funds within the Capital Improvement Fund to cover the amendment and contingency. Additional funding for the overall Library Improvements Project is available through the County-held Library Purchase Price Principal fund of $4.2 million and the County’s $2 million contribution toward the improvements.
DISCUSSION
Background:
On July 22, 2025, the City Council approved the Library Capital Improvement Plan and appropriated $750,000 for near-term improvements including the HVAC system replacement, earthquake-compliant shelving, new paint and carpeting, and lighting improvements. The HVAC system was replaced in Fall 2025, and a task order was issued to IDS Group in November 2025 in the amount of $74,938 for design services associated with the remaining near-term improvements. However, during early coordination efforts among City staff, IDS Group, and County staff, the County requested that the longer-term improvements be included as part of IDS Group’s designs to address functionality, accessibility, and service needs within the library facility.
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AWARD OF TASK ORDER AMENDMENT FOR DESIGN OF THE LAGUNA BEACH LIBRARY
IMPROVEMENTS
March 10, 2026
Expanded Scope of Work:
The project scope is proposed to be expanded to include upgrades to the existing public restrooms to meet current Americans with Disabilities Act (ADA) requirements, reconfiguration of interior spaces to improve public access and operational efficiency, addition of flexible study and programming areas, and incorporation of a dedicated teen space and/or study rooms. The proposed layout modifications will allow for improved visibility throughout the library, support library staff oversight of public spaces and equipment, and provide adaptable spaces that can function for daily use as well as community programming. These enhancements will involve structural alterations to, or removals of, interior walls and space planning, resulting in a substantially more complex design effort than originally anticipated for the near-term improvements. The scope of work, while expanded, remains aligned with the architectural improvements contemplated under the original on-call task order.
The requested task order amendment will allow IDS Group to complete the expanded design scope, including coordination with County and City staff, preparation of detailed construction documents, and support in preparing bid documents. Construction administration services are not included at this time and will be considered separately once design is complete and the project is ready to proceed to construction.
Staff have reviewed the proposed scope and fee and determined they are reasonable for the level of effort required. IDS Group has extensive familiarity with County design standards and is uniquely positioned to complete this design effort having completed renovation designs for local Orange County libraries at La Habra, El Toro, Brea, and Los Alamitos-Rossmoor (see Attachment 2). IDS Group also has familiarity with the existing library facility, and the County’s specific project objectives which positions them to efficiently complete the work. As a result, a formal Request for Proposal (RFP) was not solicited for this design effort.
Procurement Authority:
IDS Group is under an approved On-Call Consultant Agreement (Contract No. 23-89). The requested amendment exceeds $100,000 and therefore requires City Council approval pursuant to Laguna Beach Municipal Code Section 2.30.030 and Administrative Policy 1-9 .
Contingency:
In addition to the task order amendment amount, it is recommended to authorize the City Manager to approve change orders for additional design-related services that may be required in an amount not-toexceed $20,000 for this project. The design phase will be completed within one year followed by several months to receive construction bids for the project and award a construction contract. Construction is anticipated to begin in Spring 2027.
Project Timeline:
Date Action
July 22, 2025 Council approves Library CIP
Fall 2025 HVAC replacement completed
November 2025 Initial task order issued ($74,938)
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AWARD OF TASK ORDER AMENDMENT FOR DESIGN OF THE LAGUNA BEACH LIBRARY
IMPROVEMENTS
March 10, 2026
Date Action
Early 2026 Expanded scope requested by the County
March 10, 2026 Council consideration of the amendment
Early 2027 Anticipated completion of design
Spring 2027 Anticipated construction start
FINANCIAL ANALYSIS
Funding for the proposed improvements will come from the Library Purchase Price Principal held by the County, which has a current balance of $4,290,000. In November 2025, the County committed to contributing an additional $2 million to fund the longer-term improvements (see Attachment 3). On July 22, 2025, the City Council appropriated $750,000 into a Capital Improvement Fund for the immediate, near-term improvements. As a result, the project account (C2612) currently has an available budget of $675,062 to fund the design. No additional appropriation is required at this time
ALIGNMENT WITH CITY COUNCIL GOALS AND PRIORITIES
This project supports the City Council’s Infrastructure and Public Facility Improvement priorities by modernizing a key community facility and enhancing ADA accessibility. The proposed upgrades will improve public access, operational efficiency, and flexibility of library programming space, ensuring the facility continues to meet community needs.
ENVIRONMENTAL ANALYSIS
The recommended actions consist of organizational or administrative activities of the City that will not result in a direct or indirect physical change in the environment and therefore does not constitute a “project” within the meaning of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21065; 14 CCR Section 15378(b)(5)). The award of a task order amendment for design services for certain improvements within the Laguna Beach Library is for design services only, and any future actual improvements will be subject to independent environmental review under CEQA at the time entitlements for those improvements are applied for. Further, the recommended action consists of the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific projects which may result in a potentially significant physical impact on the environment and therefore does not constitute a “Project” within the meaning of CEQA (Public Resources Code Section 21065; 14 CCR Section 15378(b)(4)). Approving the funding for design services only, which may or may not result in an application for improvements that will be subject to independent environmental review in the future is a fiscal activity that does not involve any commitment to any specific projects.
ATTACHMENTS
1. IDS Group Proposal for Laguna Beach Library Improvements (Pgs. 4-12)
2. IDS Group Library Experience Package (Pgs. 13-24)
3. Email Showing Additional County Contribution Agreement (Pgs. 25-27) 3 of 241
AWARD OF TASK ORDER AMENDMENT FOR DESIGN OF THE LAGUNA BEACH LIBRARY
IMPROVEMENTS
March 10, 2026
Submitted By:
.Mark McAvoy Approved: .David A Kiff
Mark McAvoy, Director of Public
Works & Utilities
Dave Kiff, City Manager
Report Prepared By: Coordinated With:
Christian Sanford, Project Manager Pierre Sawaya, Capital Program Manager Thomas Perez, City Engineer
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1 Peters Canyon Rd., Ste.130, Irvine, CA 92606 | tel. 949.387.8500 | fax. 949.387.0800 | www.idsgi.com Mr. Christian Sanford Submitted Via Email: [email protected] Project Manager
City of Laguna Beach
601 N. Ross Street,4th Floor
Santa Ana, CA 92701
Subject: Expanded Architectural and Engineering Design Services Laguna Beach Library Interior Improvements
On-Call Agreement No. 23-89
Dear Mr. Sanford:
IDS is pleased to submit our professional services proposal for the renovation and interior improvements of the Laguna Beach Library. IDS proposes to complete A/E design services for permit-ready construction.
In addition to design services, we propose providing construction administration support for the renovation of the Laguna Beach Library building. The following architectural and engineering services will be completed in coordination with and approval by the City of Laguna Beach and Stakeholders as required.
This work is proposed as an additional service to current minor interior renovation project.
Proposed Additional Improvements for ASR #1
The scope of work includes the following:
Modernize the interior and layout of the library to align with best practice library function and services provided to the community.
- Improve the interface between library staff and patrons including providing staff visual control of the space.
- Add dedicated teen and study areas as space allows.
- Create flexible Program Area improvements.
- Maintain size of collection with the guidance of Library Stakeholders.
EXISTING CONDITIONS PHOTOGRAPHS
Attachment 1
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A/E Services
Provide energy and daylight efficiency improvements to reduce operating costs and improve user experience.
- Modify interior ductwork/air distribution.
- Replace existing light fixtures with energy efficient LED fixtures. Confirm accessible Paths of Travel complies with the California Building Code (CBC). - 2025 Triannual Code cycle and make changes for compliance. Confirm structure complies with the California Building Code (CBC) Seismic. - 2025 Triannual Code cycle and make changes for compliance. - POT includes path from public way to the building entry and accessible parking. Update and/or relocate restrooms, fixtures and finishes to coordinate with overall building modifications and comply with the California Building Code (CBC).
Project Approach
To advance the project objectives IDS will provide professional architectural and engineering services as described in the following workplan.
A. Programming & Conceptual Design (2 Months)
IDS will perform the following tasks for coordination with and approval by the City and its Stakeholders. Review record drawings provided by Client.
Review and assess Condition Assessment Report as provided by the Client. On site project kick-off meeting to review stakeholder objectives and gather information. A LiDAR scan of the area of the work will be completed by the IDS staff for later conversion to the Revit model of the existing building.
Fine tune the preferred space plan in coordination with project Stakeholders. Electrical and Mechanical team will perform preliminary equipment and related load calculations. Structural engineer to review implications of Conceptual Design building modifications. Provide Conceptual level ROM for preferred space plan. Incorporate Client team comments and obtain approval of one Conceptual Space Plan version.
B. ASCE Tier 41 Seismic Evaluation (2 Months concurrent with above phase) The library is a mostly wood framed one-story structure that is supported partially at grade and partially by a one level concrete parking structure facing the downhill side. Limited as-built structural drawings are available. IDS will assess the structural seismic condition of the existing structure. Review available structural construction drawings of the facility. Conduct a site investigation to observe the existing condition of the structural elements, verify the building type, verify the vertical and lateral force resisting system and connections, and prepare a written report our observations.
Prepare an ASCE 41 Tier 1 seismic checklist evaluation and summary report identifying potential seismic deficiencies and geologic seismic hazards. Develop a conceptual seismic retrofit for Life Safety criteria to mitigate the identified seismic deficiencies. Include a rough order of magnitude cost estimate for the conceptual seismic retrofit. Attend a meeting with City Stakeholders to present the report’s conclusions. 5 6 of 241
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A/E Services
C. Schematic Design (SD) (2 Months)
We will advance the project design by refining the approved conceptual space plan to prepare schematic plans. This step will include:
Coordinate the design across all project disciplines. Complete a visual site survey.
- Limits of the survey will be project areas impacted by both CBC/ADA Path of Travel requirements.
Identify Code compliance issues and prepare for the initial code review summary. Present schematic design package to Stakeholder team for review and approval. Incorporate Stakeholder comments received and with approval, proceed to Design Development D. Design Development (DD) (2 Months)
Based on the approved SD set, the IDS design team will:
Develop detailed floor plans, elevations, and sections. Begin coordination of standard or modified finish materials palette. Coordinate fully with all engineering disciplines.
Prepare updated cost estimate.
Present Design Development package for Stakeholder approval prior to proceeding with Construction Documents phase.
E. Construction Documents (CD) (6 Months)
The IDS design team will:
Prepare complete construction drawings and specifications. Provide demolition, architectural, MEP plans.
Update ROM cost estimate at 90% CDs.
Ensure documents are code-compliant and permit-ready. Review document set with Stakeholder team for approval to submit to Plan Check Coordinate QA/QC reviews prior to submission.
Respond to plan check comments and revise documents as required. Coordinate with Jurisdictions Having Authority and assist in obtaining approvals.
F. Bid Support
IDS design team will:
Attend one pre-bid meeting if required.
Respond to design related questions from City’s bidders within 7 days. Provide Bid Addenda if required in response to questions during bidding. 6 7 of 241
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A/E Services
Deliverables
Space planning concept diagrams (PDF)
ASCE 41 Tier 1 Seismic Checklist and summary (PDF)
Schematic design package (PDF)
Design development package (PDF)
Permit-ready construction documents (PDF)
Specifications, division 01 sections provided by City (PDF) Two Interior Renderings
Assumptions and Limitations/Exclusions
The scope of services is limited to the specific, explicit scope statements set forth above. There are no scope items that may reasonably be assumed as implicitly included with this scope of services. This listing serves only to help clarify the proposed scope of services and may not be considered a complete listing.
General:
Change of use is not anticipated.
The project will be subject to the current California Building Code (CBC), Mechanical (CMC), Plumbing (CPC), and Electrical (CEC) – the proposal anticipates that approved plans will comply with the 2025 code cycle.
OCPW will provide access and, if required, associated equipment (e.g., ladders) to IDS for field surveys.
It is assumed that the entire project will be addressed as a single construction phase. The building is sprinklered. Necessary modification to fire sprinkler or fire alarm design will be provided as a deferred submittal by the General Contractor’s qualified subcontractor. Client to provide water intrusion test results. Deficiencies identified within the area of the standing seam metal roof beyond the original scope of this project can be addressed as an additional service. Plan check submittal and permit fees are not included in our fee. Additional design work due to Value Engineering/Peer Review is excluded. Remedial permit approvals for work previously performed and for which there is no record of a permit are excluded.
Testing for the presence of hazardous materials of any kind and mitigation requirements for the same is not included.
Construction Administration services are excluded from this contract.
Civil:
As Built Records of the existing utilities on site will be provided by the Owner. Utility Locating and Potholing is not proposed.
Water and Sewer utility work will not be required and therefore is not proposed. Resolution of site drainage issues is not proposed as part of this scope. Excludes stormwater reports and low impact devices as improvements are anticipated to be under 5,000 SF.
Scope is limited to minor modifications to existing ADA parking as deemed necessary in previous scope.
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A/E Services
Structural:
Existing structural conditions will be assessed and may warrant a detailed structural systems evaluation and will be the basis for additional services. Based on the adequacy of information gathered for the existing structure, it may be necessary for IDS to make judgements as to the details of existing construction. Additionally, IDS will depend on the accuracy of record drawings in terms of depicting as-built construction. In this regard, it may be found during construction that IDS’s assumptions, and/or the record drawing information, do not match actual as-built conditions. Such conditions are not foreseeable and shall be considered as the basis for additional services to the extent that additional engineering time is required to deal with such unforeseen conditions.
Assumed the existing floor structure will support the load of the new library shelving and additional changes in walls and furnishings.
Structural calculations as required by the jurisdiction having authority for fastening library shelving to building walls and slab will be provided by the vendor as a deferred submittal. Testing of existing connections or building elements is excluded. Development of as-built drawings is excluded.
Seismic retrofit construction drawings and details are excluded. Public outreach or City Council presentations are excluded.
Mechanical:
HVAC Pre-readings are not included.
Pre-construction survey is not included.
Commissioning is not included.
Plumbing:
Fire protection design is not included.
Electrical:
Electrical service upgrade and any coordination with SCE is excluded. This proposal assumes that the main service entrance conduit and conductors will remain. Load readings, if necessary, by Owner.
Upgrades to low voltage systems (Fire Alarm, Clock, etc.) are not included. 30-day data recording of electrical equipment is excluded.
Landscape:
It is assumed that Landscape scope is not necessary for this project. 8 9 of 241
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A/E Services
Proposed Fee
IDS Group, Inc. proposes to provide the services identified in the scope of work above on a fixed fee basis of $451,597.
The above fee includes Architectural, Mechanical, Electrical, Plumbing, Structural and Civil engineering services.
The breakdown of the fee estimate for each task is shown in Attachment A. Additional work may be provided upon your approval on a time-and-materials basis per our On-Call Services Rate Schedule shown in Attachment B. Preliminary schedule show in Attachment C We appreciate the opportunity to work with you on this project. Please do not hesitate to call us if you have any questions regarding the proposed scope of work, services, or fee, or require further information regarding this proposal.
Sincerely,
Said Hilmy
Said Hilmy, Ph.D., S.E., LEED AP
Principal
cc: John Silber - Principal
Shelley Sivak – Senior Associate
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A/E Services
Attachment A
Fee Breakdown
Laguna Beach Library Rev 2/12/2026
Staff Allocations per Discipline: Support Services Role/Classifications: Hours IDS Fees Principal Senior PM Senior Architect (RA) Designer Arch. Arch Job Capt. Principal Senior PM Senior Engineer CAD Drafting Principal Senior Engineer Project Engineer CAD Drafting Principal Senior Engineer Project Engineer Engineer CAD Drafting Principal Senior Engineer Project Engineer CAD Drafting Senior Cost Estimator Spec Writer
Hourly Rate: $ 222 $ 197 $ 171 $ 143 $ Hrs Fees 119 $ 222 $ 197 $ 171 $ Hrs Fees 107 $ 222 $ 171 $ 158 $ Hrs Fees 107 $ 222 $ 171 $ 158 $ 143 $ Hrs Fees 107 $ 222 $ 171 $ 158 $ Hrs Fees 107 $ 158 Hrs Fees Task A - Programming & Conceptual Design 378 $56,350 8 48 12 136 120 $47,012 0 4 22 0 $4,550 0 18 0 0 $3,078 0 10 0 0 0 $1,710 0 0 0 0 $0 0 0 $0 $0 Programming & Conceptual Design 356 $52,708 8 44 12 128 120 312 $45,080 4 16 20 $3,524 16 16 $2,736 8 8 $1,368 0 $0 0 $0 Conceptual ROM Cost Estimate 22 $3,642 4 8 12 $1,932 6 6 $1,026 2 2 $342 2 2 $342 0 $0 0 $0 Task B - ASCE Tier 41 42 $8,618 0 2 2 0 0 $1,130 2 16 12 8 $7,488 0 0 0 0 $0 0 0 0 0 0 $0 0 0 0 0 $0 0 0 $0 $0 Review record drawings and visit site 9 $1,583 0 $0 0.5 4 4 9 $1,583 0 $0 0 $0 0 $0 0 $0 Prepare ASCE 41 Tier 1 w/retrofit plan 34 $5,657 2 2 4 $736 1.5 12 8 8 30 $4,921 0 $0 0 $0 0 $0 0 $0 ROM coordination 2 $368 0 $0 1 1 2 $368 0 $0 0 $0 0 $0 0 $0 City review meeting 5 $1,010 2 2 $394 1 2 3 $616 0 $0 0 $0 0 $0 0 $0 Task C - Schematic Design (25%) 2,441 $65,353 8 24 44 120 100 $43,088 0 8 14 30 $7,180 0 8 16 20 $6,036 0 8 20 0 16 $6,240 0 4 6 11 $2,809 0 0 $0 $2,200 Schematic Design 457 $65,353 8 24 44 120 100 296 $43,088 8 14 30 52 $7,180 8 16 20 44 $6,036 8 20 16 44 $6,240 4 6 11 21 $2,809 0 $0 $ 2,200.00 Task D - Design Development (50%) 992 $142,346 8 64 48 204 220 $77,944 2 12 52 48 $16,836 1 38 40 80 $21,600 1 32 40 0 32 $15,438 2 12 0 16 $4,208 40 0 $6,320 $4,400 Design Development 934 $132,956 8 60 48 200 220 536 $76,584 2 12 48 48 110 $16,152 1 36 40 80 157 $21,258 1 30 40 32 103 $15,096 2 10 16 28 $3,866 0 $0 $ 4,400.00 Update ROM 58 $9,390 4 4 8 $1,360 4 4 $684 2 2 $342 2 2 $342 2 2 $342 40 40 $6,320 Task E - Construction Documents 1,132 $159,120 12 48 48 254 240 $85,210 2 0 46 80 $16,870 1 42 44 78 $22,702 1 50 62 0 64 $25,416 2 10 12 16 $5,762 0 $3,160 $5,500 Construction Documents 1,096 $153,232 12 44 48 250 240 594 $83,850 2 44 80 126 $16,528 1 40 44 78 163 $22,360 1 48 62 64 175 $25,074 2 8 12 16 38 $5,420 0 $0 $ 5,500.00 Update ROM 36 $5,888 4 4 8 $1,360 2 2 $342 2 2 $342 2 2 $342 2 2 $342 20 20 $3,160 Task F - Bid Support 46 $7,710 4 12 0 24 0 $6,684 0 0 2 0 $342 0 2 0 0 $342 0 2 0 0 0 $342 0 0 0 0 $0 0 0 $0 $0 Bid Support 46 $7,710 4 12 24 40 $6,684 2 2 $342 2 2 $342 2 2 $342 0 $0 0 $0 TOTAL - Hours 2,511 40 199 154 738 680 1,812 7 42 149 166 365 2 108 100 178 388 2 102 122 0 112 338 4 26 18 43 91 0 60 Total Fees $451,597 $261,068 $53,266 $53,758 $49,146 $12,779 $9,480 $12,100 TOTAL Subtotal Subtotal Architecture Structural Electrical Mechanical/ Plumbing Civil Precon Subtotal Subtotal Subtotal Subtotal
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Laguna Beach Library Interior Renovation-Revised Scope
A/E Services
Attachment B
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Laguna Beach Library Interior Renovation-Revised Scope
A/E Services
Attachment C
Phase Key AcƟviƟes EsƟmated DuraƟon
Pre-Design/Concept Design Stakeholder engagement, needs assessment, iniƟal cost esƟmaƟng, Planning
Diagrams, ASCE 41 Tier 1
2 Months
SchemaƟc Design Architectural and engineering scoping,
sustainable soluƟons evaluaƟon, value
engineering, outline specificaƟons
2 Months
Design Development Building Systems Development, detailed specificaƟons development
2 Months
ConstrucƟon Documents PreparaƟon of detailed plans, MEP and civil coordinaƟon, code compliance review,
construcƟon specificaƟons
4 Months
Bidding & Permiƫng Contractor selecƟon, permit applicaƟons, project scheduling
2 Months
ConstrucƟon Library will be closed to implement focused construcƟon schedule.
8-12 Months
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Attachment 2
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IDS is a full-service, multidisciplinary architecture/engineering rm providing architecture, structural, civil, mechanical, plumbing, and electrical engineering, as well as pre-construction/cost-estimating services. Our integrated team provides comprehensive solutions that are both practical and innovative, with added value through enhanced coordination and efciency.
With a staff of over 100 located in offces throughout Southern California and abroad, we provide a depth of integrated design services through our specialized divisions. IDS brings an extensive experience in diverse market sectors, including public works, industrial, mission-critical, mixed-use, healthcare, and educational facilities, as well as aviation and transportation infrastructure. Our expertise spans the entire project lifecycle, from initial planning and design, feasibility studies, and development of scoping documents, to expansions and renovations, equipment upgrades, and recommissioning.
IDS GROUP | S O L U T I O N S T H R O U G H I N T E G R AT E D D E S I G N About IDS 14 15 of 241
1 Our team of highly skilled professionals
have focused their careers on
engineering consulting services through
hands-on experience and continuous
education. Our professional services are
delivered through the following
technical disciplines:
Our Services Architecture Scoping Studies
Planning/Programming
Design
Re-purpose/Renovation
Additions/Expansions
Cost Estimation
Structural
Engineering
Design
Seismic Risk Mitigation/
Compliance
Assessment
Review
Mechanical/
Plumbing
HVAC
Piping
Assessment
Commissioning
Electrical
Engineering
Engineering Studies
Analyses
Plan Reviews
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Civil
Engineering
Surveying
Mapping
Planning
Entitlement
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Architectural
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Implementation
Low Impact Development Design
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Library Design
Experience
As a multi-disciplined architectural and engineering consulting firm, IDS specializes in delivering innovative design solutions that maximize value, efficiency, and long-term performance of public facilities. Our team is committed to re-imagining libraries for the 21st century—creating environments that foster
learning, collaboration, and community engagement. IDS takes a thoughtful and integrated design approach, understanding the challenges public agencies face and developing solutions that help their communities thrive, adapt, and remain resilient for the future.
LOS ANGELES COUNTY
Montebello Regional Library Seismic Assessment
City of Anaheim, Haskett Library Makerspace, Media Lab Tenant Improvements
•
• City of Azusa Library Improvements
• City of Coachella Library Annex Improvements
• City of Corona Library Innovation Center
• City of Escondido Library Critical Infrastructure & Modernization • CSU, Dominguez Hills, Cain Library 3rd Floor Tenant Improvements Orange County, Los Alamitos-Rossmoor Library Improvements & Upgrades
•
Below is a partial listing of library projects in which IDS has provided AE services. • Orange County, Brea Library Renovation • Orange County, El Toro Library Renovation
• Los Angeles County Library Headquarters Tenant Improvements • LA County Rivera Library ADA Compliance & Restroom Upgrades • City of Newport Beach Central Library Elevator Replacement • City of Newport Beach Central Library Air Handler Replacement • San Dimas Library ADA Compliance
• Orange County, City of La Habra Library Improvements
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Orange County Public Libraries
El Toro Library Renovations
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Orange County Public Libraries
Brea Library Renovations
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Placentia Library District
Placentia Outdoor Library
19 20 of 241
Orange County Public Libraries
Los Alamitos - Rossmoor Library Refresh
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City of Escondido
Escondido Library Revitalization
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City of Coachella
Coachella Library Annex Renovation
22 23 of 241
City of Azusa
Library Improvements
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IRVINE CORONA LOS ANGELES PASADENA ENCINITAS
24 25 of 241
1 Sanford, Christian PW
From: Perez, Tom PW
Sent: Friday, December 5, 2025 8:13 AM
To: Sawaya, Pierre PW; Sanford, Christian PW
Subject: FW: Library Phase 1 (1A) and Phase 2 Improvements (DRAFT) See below.
Thomas Perez, P.E.
City Engineer
(949) 464-6688
From: Quillman, Julie <[email protected]>
Sent: Wednesday, December 3, 2025 2:48 PM
To: Kiff, Dave CM <[email protected]>; Oakley, Julie <[email protected]>; Toth, Sherry <[email protected]>; Lopez, David <[email protected]> Subject: RE: Library Phase 1 (1A) and Phase 2 Improvements (DRAFT) [NOTICE: This message originated outside of City of Laguna Beach -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Hi Dave,
Hope you had a great Thanksgiving! I’m reaching out to see if there is an update on the Laguna Beach Library remodel plans.
Sherry Toth and Julie Oakley, who you met at our recent meeting, connected with your architect, Shelley Sivak from IDS, this week regarding our La Habra Library tenant enhancement project. Shelley shared that she has been coordinating with your team, Christian and Pierre, on some concepts for the library.
We wanted to see if the project is far enough along for our teams to meet and review the scope together. It would be helpful to make sure we’re all aligned as the plans continue to develop.
Thank you,
Julie Quillman
County Librarian
Library Administration
1501 E. St. Andrew Place
Santa Ana, CA 92705
Office: 714-566-3086 | Cell: 714-659-1311
From: Quillman, Julie
Sent: Tuesday, November 18, 2025 1:32 PM
Attachment 3
25 26 of 241
2 To: Kiff, Dave CM <[email protected]>; Oakley, Julie <[email protected]>; Toth, Sherry <[email protected]>
Cc: Orgill, Mark <[email protected]>
Subject: RE: Library Phase 1 (1A) and Phase 2 Improvements (DRAFT) Hi Dave and Mark,
Thank you for the meeting – it was great to walkthrough the library and we are excited to begin! Phase 1A and 1B seem reasonable to OCPL, especially excited about the teen space, and we know these changes will transform the library for our community.
From back in August, I’ve attached the letter acknowledging receipt of the initial phase of the capital plan. It is very similar to the Phase 1B items. OCPL will contribute another $2M on top of the $4.2M funds for the Phase 1B items. It would be great if we could get Phase 1B completed by Q2 of 2026 – but we can have that as our goal if there are delays.
For next steps, we’re available to meet and if possible, we’d like to connect with your staff and the architect to walk the building to get started.
Thank you,
Julie Quillman
County Librarian
Library Administration
1501 E. St. Andrew Place
Santa Ana, CA 92705
Office: 714-566-3086 | Cell: 714-659-1311
From: Kiff, Dave CM <[email protected]>
Sent: Monday, November 17, 2025 11:42 AM
To: Quillman, Julie <[email protected]>; Oakley, Julie <[email protected]>; Toth, Sherry <[email protected]>
Cc: Orgill, Mark <[email protected]>
Subject: Library Phase 1 (1A) and Phase 2 Improvements (DRAFT) Attention: This email originated from outside the County of Orange. Use caution when opening attachments or links.
Hi Julie and OCPL Team (please add in David, too)–
Thanks again for the conversation last week. Here’s a draft of what Mark Orgill and I discussed after our meeting. Does this seem reasonable to you? As I look at it, Phase 1B is probably a $4-5M project, maybe $6M in this environment. I’m not sure of the best way to cost it out easily, but I can kick it around with Public Works.
Thanks for any edits/insight you can provide on the list.
Phases 1A & 1B
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3 1A
Repaint the area with the pockmarks to the left as you’re in the kids’ area (looking out to the Fairy Garden)
Clean the windows
1B
Repaint inside overall
Remove walls of the history room.
Remove the walls of the kids’ study room.
Remove the 3 (?) low counters that are now just used for book and other storage.
Upgrade the lighting to Title 24 standards
Upgrade all shelving to seismic safety standards
Replace the carpet
Remodel bathrooms to be fully ADA compliant (staff bathroom included) Consider staff space to reduce, would allow for more customer floor space.
With same floor SF and other walls removed, could we also add a teen hangout room + a teen study room?
Phase 2
Larger expansion, including covering outdoor area, possibly ground floor, possibly 2nd story.
Re-do of outside surfaces but still in original architectural style.
Dave Kiff
City Manager, City of Laguna Beach
505 Forest Avenue
Laguna Beach, CA 92651
949-497-0704 | [email protected]
Remember to use Ask Laguna via our website or via app! It’s a great way to report in possible concerns and violations. Have you signed up for Nixle yet? Text 92651 to 888-777 to get alerts and other important City information as it happens.
27 28 of 241
STAFF REPORT
Meeting Date:
March 10, 2026
CONSENT
11 SUBJECT: FORMATION OF A FISCAL SUSTAINABILITY AND STRUCTURAL
EFFICIENCY AD HOC COMMITTEE (KEMPF)
RECOMMENDATION: It is recommended that the City Council:
1. Appoint Councilmember Alex Rounaghi and Councilmember Sue Kempf to serve on the Fiscal Sustainability and Structural Efficiency Ad Hoc Committee to evaluate potential cost-reduction strategies and operational efficiencies for consideration during the development of the Fiscal Year 2026–27 budget process; and
2. Find that the recommended action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b) because it involves an organizational and administrative activity of government that will not result in a direct or indirect physical change in the environment.
SUMMARY OF THE MATTER
At its February 24, 2026, City Council meeting, and in accordance with Resolution No. 24.011, Councilmember Kempf requested that the City Council direct staff to return with an agenda item establishing a Fiscal Sustainability and Structural Efficiency Ad Hoc Committee. The purpose of the committee would be to evaluate potential cost-reduction strategies and operational efficiencies for City Council consideration during the development of the Fiscal Year 2026-27 budget.
Mayor Orgill, Councilmember Jones, and Councilmember Whalen expressed support for bringing this item forward, providing the three votes required under Resolution No. 24.011 to place it on a future agenda.
Ad Hoc Committees are temporary and established for a specific purpose. If formed, the committee would consist of Councilmember Alex Rounaghi and Councilmember Sue Kempf, supported by City staff. The committee would sunset upon adoption of the Fiscal Year 2026-27 budget, whichever occurs first. .
FINANCIAL ANALYSIS
There is no fiscal impact as a result of the recommended action. Any staff support for the Ad Hoc Committee would be provided using existing staff resources and within currently approved departmental budgets.
ALIGNMENT WITH CITY COUNCIL GOALS AND PRIORITIES
This action supports the City Council’s goal of maintaining fiscal responsibility and operational efficiency by providing an additional opportunity to evaluate strategies that may enhance the City’s long-term fiscal sustainability and improve the efficiency of municipal operations.
ENVIRONMENTAL ANALYSIS
The recommended action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b) because it involves organizational and administrative activities of government that will not result in a direct or indirect physical change in the environment. 1 of 247
FORMATION OF A FISCAL SUSTAINABILITY AND STRUCTURAL EFFICIENCY AD HOC
COMMITTEE (KEMPF)
March 10, 2026
ATTACHMENTS
1. Resolution 24.011 Establishing Policy Relating to Councilmember Placement of Agenda Items for City Council Meetings (Pgs. 3-4)
Submitted By:
. Approved: .David A Kiff
Gavin Curran, Assistant City
Manager
Dave Kiff, City Manager
Report Prepared By: Coordinated With:
Gavin Curran, Assistant City Manager
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RESOLUTION NO. 24. 011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAGUNA BEACH, CALIFORNIA, ESTABLISHING A
POLICY RELATING TO COUNCILMEMBER
PLACEMENT OF AGENDA ITEMS FOR CITY COUNCIL
MEETINGS AND REPEALING RESOLUTION NO. 22. 066
WHEREAS, the City Council is authorized to adopt rules for the conduct of its meetings, proceedings, and business; and
WHEREAS, it is important to establish a clear and easily understood process for the preparation of agendas for City Council meetings and to provide a means for Councilmembers and certain advisory City bodies to request items be placed on a future agenda for consideration; and WHEREAS, it is important that agendas for City Council meetings be prepared to ensure that the City Council focuses on business items for which there is consensus, and which are consistent with the City Council' sapproved priorities and work plans; and WHEREAS, it is important that agendas for City Council meetings be prepared to utilize staff, fiscal and other resources efficiently and effectively; and WHEREAS, it is important that agendas for City Council meetings be prepared in a manner that manages the duration of meetings; and
WHEREAS, during its January 19, 2024, meeting the City Council discussed the matter of amending its process for Councilmembers adding items to the City Council agenda, and reached consensus that staff should prepare a resolution that amends the current agenda -setting process for City Council members for the reasons listed above.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH DOES RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. For the purpose of this Resolution, the term " initiative" shall mean " a new policy, ordinance, program, or project that is not budgeted, or is not included in the City Council priorities established during the Strategic Planning Session." SECTION 2. Placing Councilmember- Requested Items on the City Council Agenda.
In accordance with the City Council -City Manager form of government, a Councilmember shall 1-
Attachment 1
3 3 of 247
propose to place a new initiative on a future City Council meeting agenda in the manner set forth herein. Two members of the City Council may propose at a Council meeting, under " Council Member Items" that an item be agendized for future Council discussion, consideration, and/ or action. The merits of the requested item shall not be debated at that meeting. Subject to notice and hearing requirements, the item shall be agendized for a future meeting and noticed as required by law. Items agendized pursuant to this section shall appear on the agenda under the Councilmember Items portion of the agenda and the names of the Councilmembers who agendized the item shall be included with the item description. Staff reports will only be prepared if a minimum of three members of the City Council at a Council meeting affirmatively direct staff to prepare a report.
SECTION 3. Placing Board, Commission, and Committee - Requested Items on the City Council Agenda.
A. Notwithstanding Section 2, above, if a City Board, Commission, or Committee desires to place an initiative on the City Council agenda, the Chair of the body and Staff Liaison to the body should contact and work with the City Council Liaison and City Manager to place an initiative on a future City Council meeting agenda.
B. For bodies other than the Planning Commission, Design Review Board, Arts Commission, Parking Traffic and Circulation Committee, and the View Restoration Committee, only initiatives on the City Council approved workplan for the body shall be placed on a City Council meeting agenda pursuant to this Section 3.
SECTION 4. Resolution No. 22. 066 is hereby repealed. All other prior resolutions and minute actions of the City Council with regard to the policy of the City Council relating to the agenda -setting process for City Council meetings are hereby rescinded and superseded to the extent of any conflict or inconsistency with this Resolution.
SECTION 5. The procedures established in this Resolution are directory in nature. No action of the City Council shall be held invalid due to any failure to strictly observe the provisions of this Resolution, nor shall any person have a claim or cause of action against the City or any of its officers or employees as a result of any such failure.
Reso. 24. 011
4 4 of 247
SECTION 6. This Resolution shall take effect immediately upon its adoption.
ADOPTED this 27th day of February 2024.
Sue Kempf, May
ATTEST:
y, City Clerk
I, Ann Marie McKay, City Clerk of the City of Laguna Beach, California, do hereby certify that the foregoing Resolution No. 24. 011 was duly adopted at a Regular Meeting ofthe City Council of said City held on February 27, 2024, by the following vote:
AYES: COUNCILMEMBER( S): Orgill, Weiss, Whalen, Rounaghi, Kempf NOES: COUNCILMEMBERS( S): None
ABSENT: COUNCILMEMBER( S): None
arie McKay, City Cler
Reso. 24. 011
5 5 of 247
6 of 247
STAFF REPORT
Meeting Date:
March 10, 2026
CONSENT
12 SUBJECT: AWARD OF CONTRACT TO CALIFORNIA GRAZING COMPANY FOR FIRE
PREVENTION GOAT GRAZING SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Award and authorize the City Manager to execute a contract with California Grazing Company (CGC) in the amount of $748,029 for fire prevention goat grazing services over a three-year term; and
2. Find that this action is exempt from the California Environmental Quality Act (“CEQA”) pursuant to pursuant to CEQA Guidelines § 15301 and § 15304, and are further statutorily exempt as specific actions necessary to prevent or mitigate a wildfire emergency under Public Resources Code § 21080(b)(4) and CEQA Guidelines § 15269(c);
SUMMARY OF THE MATTER
This report recommends that the City Council award a contract to California Grazing Company (CGC) for fire prevention goat grazing services in an amount not to exceed $748,029 over a three-year term. Goat grazing is a key component of the City’s fuel modification program and is used to reduce vegetation in designated fuel modification zones to help mitigate wildfire risk and maintain defensible space. The agreement would allow CGC to provide grazing services within the City’s existing fuel modification zones and meet annual vegetation clearance requirements for wildfire prevention.
The agreement includes an estimated first-year cost of $244,422, with optional extension years subject to future budget appropriations. Funding for services from April 1, 2026 through June 30, 2026 will be paid from the Fire Mitigation Contractual Services account, which currently has $225,000 available; therefore, no additional appropriation is required for the current fiscal year.
DISCUSSION
Background
Goat grazing is a critical component of the City’s wildfire mitigation strategy and is used to manage vegetation in designated fuel modification zones throughout Laguna Beach. The City effectively manages ten (10) separate fuel modification zones with goat grazing as the primary method and two zones with a combination of goat grazing and hand crew work.
The City’s previous contract expired on December 31, 2025, requiring the City to procure a new contractor to ensure continued vegetation management and annual fuel modification.
Bid Process and Contractor Selection
Staff released a Request for Proposal for Goat Grazing Services and received 4 responses. The following is a summary of the bids sorted by bid amount:
Table of Bid Results
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AWARD OF CONTRACT TO CALIFORNIA GRAZING COMPANY FOR FIRE PREVENTION
GOAT GRAZING SERVICES
March 10, 2026
Bidder Bid Amount (3 Year Total)
1. California Grazing Company $748,029.00
2. Legacy Ranching $1,052,985.10
3. Indacochea Sheep Ranch $1,135,290.60
4. Sage Environmental Group $1,322,785.92
Following the evaluation process in February of 2026, Fire Department staff concluded that CGC provided the most cost-effective choice that meets the City’s fuel modification needs. CGC has a history of operating grazing programs that are comparable in size and vegetation type to those found in Laguna Beach, including projects with other nearby municipalities.
Staff, therefore, recommends entering a contract with a maximum amount not to exceed $748,029 over a three-year term with CGC to provide goat grazing services for existing fuel modification zones 1 through 10, plus additional goats as needed to meet the annual grazing deadline. The City retains the sole discretion whether to extend the term into years two and three.
FINANCIAL ANALYSIS
The proposed agreement has a total not-to-exceed value of $748,029 over three years, with the following estimated annual costs:
Year Annual Cost
Year 1 $244,422
Year 2 (Extension Year 1) $249,310
Year 3 (Extension Year 2) $254,297
Total $748,029
The cost of services for April 1, 2026, through June 30, 2026, will not exceed the available balance of $225,000 in the Fire Mitigation Contractual Services account, and therefore, no additional appropriation is required for the current fiscal year. Funding for future years of the agreement will be evaluated through the City’s annual budget adoption process.
ALIGNMENT WITH CITY COUNCIL GOALS AND PRIORITIES
This action supports the City Council’s priority of enhancing public safety and wildfire preparedness.
Vegetation management within fuel modification zones helps reduce wildfire fuel loads and improves defensible space around residential areas and critical infrastructure.
ENVIRONMENTAL ANALYSIS
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AWARD OF CONTRACT TO CALIFORNIA GRAZING COMPANY FOR FIRE PREVENTION
GOAT GRAZING SERVICES
March 10, 2026
The recommended action is exempt from CEQA pursuant to CEQA Guidelines § 15301 and § 15304.
Section 15301 exempts from environmental review, among other things, the repair, maintenance, and minor alterations of existing structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of the use. CEQA Guidelines § 15301 (h) specifically includes maintenance of exiting landscaping and native growth in this categorical exemption. The proposed project consists of minor alterations of public lands that would not result in an expansion of use. Section 15304 exempts from environmental review minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes.
The proposed project consists of vegetation maintenance to reduce wildfire hazards. There are no features that distinguish this project from others in the exempt classes and, therefore, there are no unusual circumstances. In addition, specific actions necessary to prevent or mitigate an emergency are statutorily exempt from CEQA pursuant to Public Resources Code § 21080(b)(4) and CEQA Guidelines § 15269 (c).
The proposed action is specifically designed to prevent and/or mitigate a wildfire emergency.
ATTACHMENTS
1. Request for Proposals (Pgs. 4-65)
2. Professional Services Agreement (Pgs. 66-89)
Submitted By:
. Approved: .David A Kiff
Niko King, Fire Chief Dave Kiff, City Manager
Report Prepared By: Coordinated With:
Kirsten Gallacher, Senior Administrative
Analyst
Robert Montaghami, Fire Marshal
Patrick Donegan, Assistant City Attorney
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RFP FD-26-001
Goat Grazing Fuel Modification Services
CITY OF LAGUNA BEACH
REQUEST FOR PROPOSAL (“RFP”)
INVITATION NO. FD-26-001
GOAT GRAZING FUEL MODIFICATION SERVICES
RFP Submission Due
Date:
February 9, 2026, 1:00 PM PST/PDT
Project Manager(s): Robert Montaghami
Fire Marshal
Fire Department
Email: [email protected]
Tel: (949) 497-0352
RFP Administrator: Kirsten Gallacher
Senior Administrative Analyst
Laguna Beach Fire Department
Email: [email protected]
Tel: (949) 464-6683
City of Laguna Beach
Laguna Beach Fire Department
505 Forest Avenue
Laguna Beach, CA 92651
Interested parties may obtain a copy of this RFP by accessing the City of Laguna Beach portal:
https://www.lagunabeachcity.net/do-business-here/rfps-bids Attachment 1
4 4 of 336
RFP FD-26-001
Goat Grazing Fuel Modification Services 2
I. OBJECTIVE
The City of Laguna Beach (“City”) is seeking proposals from qualified proposers (hereinafter “Contractor” or “Contractors”) interested in providing professional services for the Goat grazing program for the City’s designated Fuel Modification Zones (FMZ) 1 through 10 as follow: (Zone 1 Dartmoor 30.1 total acres) (Zone 2 Skyline-Alta Laguna
60.2 total acres) (Zone 3 Hidden Valley 42.9 total acres) (Zone 4 Bluebird Canyon 40 total acres) (Zone 5 Nestall – Top of the World 30.5 total acres) (Zone 6 Fire Road 37.8 total acres) (Zone 7 Ceanothus 10.1 total acres) (Zone 8 Three Arch Bay 15.9 total acres) (Zone 9 Del Mar 7.5 total acres) and (Zone 10 Barracuda 8.9 total acres) Collectively totaling 283.9 acres for zones 1 through 10. The Fire Department reserves the right to reduce the total acreage to be grazed for any reason and the total acreage is provided as a maximum only. Please see Attachment C to review the Summary of Fuel Modification Zones report, including zones 1 through 10.
The objective of this Request for Proposal (“RFP”) solicitation is to identify the highestqualified Contractor whose proposal best complies with the requirements of this RFP and any attachments, including the Scope of Services specified in Attachment A (“Scope of Services” or “Services”), and provides the most comprehensive solution for the City’s needs. This RFP and the attached Scope of Services collectively make up the “Project”.
The successful Contractor will be required to enter a Professional Services Agreement (“Agreement”) with the City for the duration of the Project. An example of the Agreement is attached to this RFP as Attachment B (“Template Professional Services Agreement”).
II. BACKGROUND
The City of Laguna Beach was founded on June 29, 1927, and is a small town of picturesque beaches, hiking trails, a walkable downtown, and summer art festivals.
Located in southwest Orange County, Laguna Beach occupies 8.84 square miles, has a population of 23,000 and welcomes over six million visitors each year. The City provides a full range of services, including recreational activities, cultural arts events, public works maintenance of streets, beaches, and parks, transit operations, community development, administrative services, police, fire, and marine safety protection and wastewater services.
Laguna Beach operates under a council-manager form of government. Policy-making and legislative authority are vested in a five-person City Council. The City Manager carries out the policies and ordinances of the City Council, oversees the day-to-day operations of the City, and appoints department heads.
The fuel break program (Fuel Modification Zones) uses goat grazing and hand crews to create a strip of land with reduced vegetation around most exterior parts of the City, and some interior canyons. This helps to significantly reduce flame length and radiant heat from an approaching fire and increases the potential for survival of the homes and neighborhoods adjacent to the fuel break strip. This program was started 30 years ago and is still being expanded.
For over twenty years, the City has managed ten separate fuel modification zones entirely with goat grazing. The Fuel Modification Zones have historically been managed by utilizing up to three herds of goats depending on volume of fuel load (vegetation). Fuel loading is variable each year and is dependent on annual precipitation volumes.
III. SUBMITTAL INFORMATION AND INSTRUCTIONS
5 5 of 336
RFP FD-26-001
Goat Grazing Fuel Modification Services 3
A. TENTATIVE RFP SCHEDULE AND PROJECT TIMELINE
The following is a tentative schedule of the RFP key dates. While the City will attempt to maintain this schedule, the following dates are projections, and the City reserves the right to modify this schedule as needed to accommodate this completion of this RFP process.
Description Date
Advertise for Proposals Monday, January 26, 2026
Non-Mandatory Pre-Bid
Meeting/Walkthrough
Upon request and at the convenience of the
Fire Prevention Division:
January 26, 2026 – January 30, 2026
Deadline for Written Questions Monday, February 2, 2026, 1:00 PM PDT City Response to Questions Wednesday, February 4, 2026
Bid Closing Monday, February 9, 2026, 1:00PM PDT
Interviews (as applicable) Wednesday, February 11, 2026 City Council Award of Contract March 10, 2026
Begin Contract March 30, 2026
B. SUBMITTAL DEADLINE AND FORMAT; ADDENDUM
Proposals are due on February 9, 2026, by 1:00PM PDT (RFP Submission Due Date). Proposals and any required attachments will only be accepted in Portable Document Format (PDF) via the City’s PlanetBids portal no later than the RFP Proposal Due Date. The contractor’s cost file shall be integrated into the Proposal document. It is the responsibility of the Contractor to ensure its proposal and all attachments are loaded on PlanetBids before the stated deadline and in the required format stated herein. Proposals submitted by any other method such as hard copy or email, or proposals that fail to completely upload, may result in disqualification.
Changes to the RFP itself shall only be made by the City via a formal written addendum published and distributed through the City’s PlanetBids portal and shall become a part of the RFP document.
C. PROPOSAL CONTENT
All proposals shall include the following:
1. Cover Letter and Statement of Interest. A cover letter summarizing key elements of Contractor’s proposal, and a brief statement describing why Contractor has an interest in this RFP and why it would be the City’s best choice.
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RFP FD-26-001
Goat Grazing Fuel Modification Services 4
2. Contractor Business Information. Provide Contractor’s business information, including primary contact information.
3. Experience/Qualifications of Contractor’s Team. Provide information concerning Contractor’s experience and qualifications directly related to the Scope of Services. Define the experience of the Project Manager and other key personnel, and identify all subcontractors assigned to the Project who will comprise the Contractor’s team.
4. Approach/Methodology. The contractor shall provide a detailed explanation of +its approach and methodology to perform the Scope Services, including a proposed schedule, and demonstrate specific techniques that may be implemented to successfully achieve the provisions of the Project.
5. References/Project History. Provide a minimum of three (3) references for similar projects Contractor has completed within the last five (5) years.
Include a brief description of the services, the agency or firm names, and contact information for each reference. Preference will be placed on references that are local government entities. The City reserves the right to contact any reference provided.
6. Proposed Cost File. Provide a cost proposal as a separate file in PlanetBids, with a total lump sum price for all the services provided by Contractor to successfully complete the Project within the estimated performance period. Include a breakdown of the individual Services within the total lump sum (as may be necessary), and the hourly rates for each category of employee or subcontractors required to perform the Scope of Services.
7. Other Information. Include any other information you consider relevant to the proposal.
Proposals that do not include the above-listed Proposal Content may be considered incomplete and will be evaluated accordingly.
IV. EVALUATION, SELECTION, AND AWARD PROCEDURES
A. PROPOSAL EVALUATION CRITERIA
Proposals shall provide point-by-point response to all sections of this RFP in a clear and concise manner. The City intends to evaluate Contractors based upon the data presented in the proposals submitted in response to this specific RFP.
The City may use some or all the following criteria in its evaluation and comparison of proposals submitted. The criteria listed below are not necessarily all-inclusive, and the order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criteria as deemed appropriate prior to the commencement of evaluation.
1. Conformance to the RFP (15 Points)
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RFP FD-26-001
Goat Grazing Fuel Modification Services 5
i. Demonstrated thorough understanding of the Project and the ability to deploy the Scope of Services on schedule.
2. Qualifications and Experience (30 Points)
i. Demonstrated relevant experience and expertise of Contractor and Contractor’s team and/or subcontractors conducting similar projects of comparable complexity and magnitude, particularly for government agencies.
3. Project Scope/Methodology (20 Points)
i. A clear and concise description of the Contractor’s approach, methodology, and techniques to execute the Project on task and on time.
4. References (15 Points)
i. Recent references from local clients with detailed descriptions of similar projects successfully completed by Contractor, with particular emphasis on local government.
5. Cost File (20 Points)
i. Fair, reasonable, and competitive cost for all Services to complete the Project.
B. SELECTION PROCESS
Proposals received as specified will initially be evaluated by City staff or staff designee(s). During the initial evaluation period, the City may generate a “most qualified” list of Contractor(s) determined in accordance with the above Proposal Evaluation Criteria. The “most qualified” Contractor(s) may be invited for interviews for further evaluation. The City reserves the right to determine whether a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City’s sole and absolute discretion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any or all proposals.
C. NON-MANDATORY PRE-BID MEETING/SITE VISITS
Pre-bid meetings/site visits will be available upon request and at the convenience of the Fire Prevention Division from Monday, January 26, 2026 – Friday January 30, 2026. A general overview of the services requested can be provided. Specific questions will not be answered and must be submitted via PlanetBids.
D. INTERVIEWS
The City reserves the right to conduct interviews with any Contractor. Should the City pursue scheduling interviews, they are targeted to be scheduled the week of February 9, 2026.
E. NOTICE OF AWARD; AGREEMENT
The contract award will be made to the Contractor selected from all proposals with implementation of services to follow the award (“Notice of Intent to Award”). 8 8 of 336
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However, this RFP does not indicate any obligation by the City to award a contract to any successful Contractor. The City, in the selection process and in general, reserves the right to make an award to the Contractor that meets the Scope of Services stated in this RFP, or to award multiple contracts for Services if deemed most advantageous to the City.
Upon Notice of Intent to Award, the successful Contractor will be required to execute and deliver a signed Agreement to the City, including proof of all required insurance as set forth in the Agreement, within thirty (30) calendar days following the Notice of Intent to Award. If the successful Contractor is unwilling or unable to execute the Agreement as required by this RFP, the City has the right to request a subsequent Contractor to enter into the Agreement with the City.
V. TERMS AND CONDITIONS
A. Acceptance of Terms and Conditions. Submission of a proposal indicates acceptance by the Contractor submitting the proposal of the terms, conditions and specifications contained in this RFP and Agreement.
B. Precedence of Terms and Conditions. All terms and conditions of the Agreement are hereby incorporated into the terms and conditions of this RFP. In the event of a conflict of terms and conditions between the RFP document and the Agreement, the terms and conditions expressed in the Agreement shall take precedence.
C. Exceptions. Any proposed exceptions, additions, and/or deletions to this RFP and/or the Scope of Services must be clearly stated in the proposal. The City will not accept any proposed substantive changes to the Agreement, including the stipulated insurance requirements and other contractual terms therein. Proposals should only be submitted if there is a clear understanding that the Contractor can execute the City’s Agreement without any substantial changes.
D. Business License. The selected CONTRACTOR shall obtain a valid CITY of Laguna Beach business license within five (5) calendar days of contract execution and maintain it throughout the term of the Agreement.
E. Public Record. All proposals submitted in response to this RFP shall become the property of the CITY and are subject to disclosure under the California Public Records Act (Government Code § 6250 et seq.), unless otherwise exempt by law.
Proposers are advised not to include proprietary or confidential information unless it is clearly marked and exempt from disclosure.
F. Late Proposals. Any proposal which is not received by the City prior to the deadline date and time set forth in this RFP shall not be considered. The City assumes no responsibility or liability for the transmission, delay, or delivery of a proposal.
G. Specificity of Information. No verbal or written information which is obtained other than through this RFP or its addendum shall be binding on the City. No employee of the City is authorized to interpret any portion of this RFP or give 9 9 of 336
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information as to the requirements of the RFP in addition to that contained in or amended to this written RFP document.
H. Non-Discrimination. Contractor agrees that in carrying out its responsibilities under this RFP or any Agreement, in particular with regard to the employment of persons and subcontractors working on the Services, it will not discriminate on the basis of race, color, creed, national origin, religion, sex, age, or handicap. In the event any of the Services performed by Contractor hereunder is subcontracted to subcontractor (with approval of the City as required herein), subcontractor shall contain a similar provision.
I. Errors and Omissions. This RFP cannot identify each specific, individual task required to successfully and completely to implement this Project. The City relies on the professionalism and competence of the Contractor to be knowledgeable of the general areas identified in the Scope of Work and to include in their proposals all materials, equipment, required tasks and subtasks, personnel commitments, man-hours, labor, direct and indirect costs, etc. Contractor shall not take advantage of any errors and/or omissions in this RFP document or in the Contractor’s specifications submitted with their proposals. Where such errors or omissions are discovered by the City, full instructions will be given by the City in the form of an addendum.
J. Proposal Validity. Unless otherwise noted by the Contractor, all proposals shall be held valid for a period of one hundred eighty (180) days.
K. Right of Rejection. The City reserves the right to:
• Accept or reject any and all proposals or any part of any proposal, and waive any informality, minor defects, or technicality in any proposal. • Award all or any portion of the Scope of Services described in this RFP to one or more Contractors.
• Request clarification of any information contained in the proposal. • Solicit new proposals on the same Scope of Services, or on a modified Scope of Services, which may include portions of the original RFP, as the City may deem necessary.
• Disregard all non-conforming, non-responsive, or conditional proposals. • Reject the response of any Contractor who does not pass the evaluation to the City’s satisfaction.
• Allow for the correction of errors and/or omissions.
• Negotiate the Scope of Services and/or terms of the Agreement with the successful Contractor(s).
The City further reserves the right to negotiate final pricing with the most qualified Contractor(s). All submitted cost proposals will be reviewed and considered for the purpose of assisting the City in determining a fair and reasonable compensation with the most qualified Contractor(s). The City will attempt to negotiate an Agreement with the most qualified Contractor(s) at a compensation 10 10 of 336
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which the City determines is fair and reasonable. Should the City be unable to negotiate a satisfactory Agreement with the most qualified Contractor(s), negotiations may be terminated, and the City will undertake negotiations with the second qualified Contractor(s) and so on, until a Contractor or Contractors are selected, or the City rejects all proposals.
L. City Not Obligated to Complete Scope; No Obligation to Award. This RFP does not obligate the City to complete the Scope of Services or Project, or award or enter into a contract or Agreement on the basis of any proposal submitted in response to this RFP. The City reserves the right to cancel the solicitation or parts of the solicitation if it is in its best interest. City reserves the right to award multiple contracts for this RFP if is deemed most advantageous to the City.
M. Non-Compliance. Contractors and/or proposals that do not meet the stated requirements for this RFP may be considered noncompliant and may be disqualified, unless such noncompliance is waived by the City. During the evaluation process, the City reserves the right to request additional information or clarification from those submitting proposals, and to allow corrections of errors and/or omissions
N. Determination of Responsiveness and Responsibility. The City shall have sole authority in determining the responsiveness and responsibility of any and all Proposals. For Proposals containing exceptions to specifications and/or requirements, the City shall have sole authority in determining the extent to which exceptions affect the responsiveness and responsibility of any and all Proposals.
O. Work Product. All data, documents and other work product generated or developed during the term of the Agreement will become the property of the City.
P. No Bidder Reimbursement. The City recognizes that significant effort is expended in the preparation of a thorough and responsible proposal. However, a proposal is a voluntary response on the part of the Contractor, and this RFP does not commit the City to pay any costs incurred in its preparation. The City will not be liable for any costs incurred by any Contractors prior to an award of a contract.
The City may require the final Contractor(s) to provide on-site presentations and demonstrations of the product(s)/service(s) proposed by the Contractor(s). All costs associated with the demonstrations or follow-up interviews are the sole obligation of the Contractor(s).
Q. Gratuity Prohibition. Contractor(s) shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City for any purpose as it may be perceived as an attempt to influence consideration of the proposal. Submission of a Proposal indicates the Contractor certifies that they have not paid nor agreed to pay any person, other than a bona fide employee of the Contractor, a fee or a brokerage resulting from the award of the contract.
R. Contact with City Personnel or Entities. During the RFP procurement process, proposal evaluation process and proposal selection process, the RFP Administrator serves as the primary point of contact for all matters pertaining to this RFP. The contractor shall not contact any City Councilmembers, personnel, or entities other than the RFP Administrator for matters regarding this Project until 11 11 of 336
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conclusion of the entire procurement process. Unauthorized contact may result in disqualification of proposals.
S. Contract Administrator. The Laguna Beach Fire Department will be the administrator of the Agreement.
T. Insurance Requirements. The selected CONTRACTOR must provide all required insurance documentation, as outlined in the Agreement, prior to commencement of work.
U. Compliance with all Applicable Laws. Contractor declares that it shall comply with all licenses, statutes, ordinances, regulations, and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted, including, but not limited to, appropriate contractor licensing and business licensing, as may be required.
V. Inclusive Cost Proposal. Contractor’s Cost Proposal shall include any and all applicable licenses, insurance coverage, endorsements, bonding and if necessary, any wage compliance deemed necessary to perform the Scope of Services as part of the Project described in this RFP. City will not be responsible for reimbursing Contractor for any charges not included in the cost proposal that are incurred in securing these requirements.
W. Federal Provisions. When funding for the services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “A-1” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”) in the attached Template Professional Services Agreement. With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
X. Subcontractor(s). The selected Contractor shall be the primary contractor performing the primary functions of the Agreement. If any portion of the Agreement is to be performed by a subcontractor, this must be clearly set forth in the Proposal submittal as to what part(s) is/are to be delegated. City reserves the right to reject any proposal wherein use of subcontractors significantly affects the ability of the Contractor to function as the primary contractor on the awarded Agreement. The Contractor will be at all times responsible for the acts and errors or omissions of its subcontractors or joint participants and persons directly or indirectly employed by them. Acceptance or rejection of a contractor’s request to use subcontractors is at the sole discretion of City.
Attachment(s): Attachment A: Scope of Services
Attachment B: Template Professional Services Agreement
Attachment C: Summary of Fuel Modification Zones
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ATTACHMENT A
1 SCOPE OF SERVICES & ADDITIONAL REQUIREMENTS
Goat Grazing: Fuel Modification Zones 1 through 10
1. Project Term
The anticipated term of the project is for an initial period of one (1) year. • Extension Options: The City reserves the right to extend the project for up to two (2) additional one-year periods, contingent upon performance and budget availability. • Rate Proposals: Price adjustments (COLA or otherwise) are not guaranteed for extension years. Bidders are encouraged to include projected rate schedules for all optional years within their fee proposal.
2. Flexibility of Scope and Acreage
The acreage figures provided in the RFP represent the maximum potential grazing area. • City’s Right to Adjust: The City reserves the right to reduce the total acreage or omit specific zones at any time based on fuel loads, budget constraints, interagency requirements, or environmental factors.
• Prorated Pricing: Proposals must be based on a "Cost Per Acre" model. If a zone’s acreage is reduced, the selected vendor will be compensated based on the actual acreage grazed, utilizing the proposed unit price.
3. Best Management Practices (BMPs) & Invasive Species Control To maintain ecological integrity and prevent the spread of invasive species, the protocols required include:
• Seed-Clearing Period: Before moving goats from one zone to another, the herd must be held in a "seed-clearing" pen for a minimum of 48 hours. During this time, goats must be fed only certified weed-free hay.
• Containment & Security: All grazing areas must be enclosed with temporary electric fencing. Goats must be securely corralled overnight.
• Grazing Intensity: Forage levels must be monitored regularly. Herds must be relocated before overgrazing occurs to ensure ecological stability and to prevent erosion. Target conditions include maintained native shrub species and remaining herbaceous vegetation at approximately 4 inches in height. The City has the right to halt grazing for any reason, including but not limited to environmental concerns, overgrazing, and public concerns.
4. Environmental & Biological Compliance
The Contractor shall work in coordination with City-contracted biologists and OC Parks staff to mitigate impacts to sensitive habitats.
• Pre-Grazing Surveys: A City-contracted biologist will survey and flag exclusion zones for Special Status Species and Priority Invasive Species; these areas shall be strictly avoided. • Herder Responsibility: The on-site herder is responsible for knowing the location of all flags and boundaries, and ensuring the herd does not enter protected areas. • Agency Coordination: The Contractor will be required to attend site meetings with OC Parks, biologists, and/or Fire Department personnel to review zone-specific constraints.
Grazing may not be performed in OC Parks without explicit confirmation from OC Parks staff following biological surveys. Approximately 93 acres of goat-grazed area occur within OC Parks land, including portions of zone 1, 2, 4, 5, 6 & 7. 13 13 of 336
ATTACHMENT A
2 5. Public Relations & Community Interaction
Given the program's high visibility, the Contractor and their staff serve as ambassadors for the City.
• Professional Conduct: Herders must be professional and courteous to the public and will regularly interact with residents, trail users, and the public. • Signage: The Contractor shall display City-approved signage on all active fencing, warning the public of electric fences and providing a City contact number for questions. • Public Safety & Herder Responsibility: Herders must ensure that goats and fencing do not obstruct public trails. Herders must ensure that goats do not enter private ornamental areas through appropriate preventative measures. In the event of any significant incident, the herder shall report to City personnel and complete an incident report.
6. Logistics & Site Management
• Water Access: The Contractor is responsible for hauling and providing water. The City may, at its sole discretion, assist the vendor in identifying and accessing existing water sources within or near the fuel modification zones. If City water is used, the vendor shall be responsible for providing all necessary equipment, including, but not limited to, backflow preventers, meters, hoses, and troughs.
• Staging & Housing: The City will designate staging areas for the herder's trailer and equipment. The Contractor is responsible for all waste removal and maintaining a clean site.
• Animal Welfare: The Contractor must maintain a high standard of care and always be reasonably present. Sick or injured animals must be treated or removed from the site within 12 hours.
• Herding Dogs: If dogs are to be used for herding, they must be up to date on all vaccinations and well-socialized. All herding dogs must be appropriately identified with either a collar or harness that states “Fire Dept.”
• Schedule: Grazing may begin as early as March 1 of each year, at the discretion of the City, and must be completed by October 31 that same year. Historically, up to three herds (150-300 goats per herd) have been required to meet the annual timeline. It is the responsibility of the Contractor to provide adequate coverage to meet the scheduled deadline and accurately forecast grazing needs.
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ATTACHMENT A
3 Cost Proposal must include all three years as shown below.
Additionally, a total for all 3 years must be included.
Cost Proposal Table - Year 1
FMZ Zone Name Max Acreage Annual Total Cost (Year 1)
1 Dartmoor 30.1 $
2 Skyline-Alta Laguna 60.2 $
3 Hidden Valley 42.9 $
4 Bluebird Canyon 40.0 $
5 Nestall-Top of the World 30.5 $
6 Fire Road 37.8 $
7 Ceanothus 10.1 $
8 Three Arch Bay 15.9 $
9 Del Mar 7.5 $
10 Barracuda 8.9 $
TOTAL 283.9 $
Cost Proposal Table - Year 2 (Extension Year 1)
FMZ Zone Name Max Acreage Annual Total Cost (Year 2)
1 Dartmoor 30.1 $
2 Skyline-Alta Laguna 60.2 $
3 Hidden Valley 42.9 $
4 Bluebird Canyon 40.0 $
5 Nestall-Top of the World 30.5 $
6 Fire Road 37.8 $
7 Ceanothus 10.1 $
8 Three Arch Bay 15.9 $
9 Del Mar 7.5 $
10 Barracuda 8.9 $
TOTAL 283.9 $
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ATTACHMENT A
4 Cost Proposal Table - Year 3 (Extension Year 2)
FMZ Zone Name Max Acreage Annual Total Cost (Year 3)
1 Dartmoor 30.1 $
2 Skyline-Alta Laguna 60.2 $
3 Hidden Valley 42.9 $
4 Bluebird Canyon 40.0 $
5 Nestall-Top of the World 30.5 $
6 Fire Road 37.8 $
7 Ceanothus 10.1 $
8 Three Arch Bay 15.9 $
9 Del Mar 7.5 $
10 Barracuda 8.9 $
TOTAL 283.9 $
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ATTACHMENT B
Attachment “B” PROFESSIONAL SERVICES AGREEMENT
CITY OF LAGUNA BEACH
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this _____ day of ________, 2026, by and between the City of Laguna Beach, a municipal corporation organized under the laws of the State of California with its principal place of business at 505 Forest Avenue, Laguna Beach, California 92651 ("City") and [***INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; I.E.,
CORPORATION (INCLUDE STATE OF INCORPORATION), LIMITED LIABILITY COMPANY, SOLE PROPRIETORSHIP, 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 certain professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing goat grazing fuel modification 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 professional services for the 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 goat grazing fuel modification 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 [***INSERT DATE***] to [***INSERT DATE***], unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one-year terms. Consultant shall complete the Services within the term of this 17 17 of 336
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Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Compensation.
3.2.1 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 [***INSERT AMOUNT WRITTEN OUT] ($[***INSERT NUMBER]) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.2.4 Extra 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 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment of Subordinates. 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.
Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. 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. 18 18 of 336
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3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner 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 expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.3.4 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. The key personnel for performance of this Agreement are as follows:
[***INSERT NAME AND TITLE***].
3.3.5 City's Representative. The City hereby designates [***INSERT NAME AND TITLE***], or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates [***INSERT NAME AND TITLE***], or his/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/her 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.
3.3.7 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.
3.3.8 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. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and 19 19 of 336
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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. 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 subconsultants 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.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.3.9.2 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.
3.3.9.3 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.
3.3.10 Laws and Regulations; Employee/Labor Certification. 20 20 of 336
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3.3.10.1 Compliance with Laws. 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 the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.3 Equal 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.
3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.
3.3.10.6 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 21 21 of 336
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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.
3.3.11 Insurance.
3.3.11.1 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. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the 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 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $2,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $2,000,000. 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 five (5) years from termination or expiration of this Agreement. 22 22 of 336
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3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, 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 terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (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) Automobile Liability: (1) Additional Insured: The City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible. (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.
(C) Professional Liability (Errors & Omissions): 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. (2) This insurance shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers' Compensation: (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. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically 23 23 of 336
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allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers 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.
3.3.11.7 Evidence 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 on forms approved by the City, together with all endorsements affecting each policy. 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. 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 and not replaced immediately so as to avoid a lapse in the required coverage, 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.
3.3.11.8 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 transact business of insurance 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.
3.3.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Consultant under this Agreement.
3.3.11.11 Additional Insurance Provisions
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(A) If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted.
(B) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(C) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(D) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (E) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(F) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(G) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement 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, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an 25 25 of 336
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endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. 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 officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, 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.
3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.4 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 26 26 of 336
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in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Termination of Agreement.
3.5.1 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.
3.5.2 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.
3.5.3 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.
3.6 Indemnification.
3.6.1 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 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 attorney’s 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 Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.2 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 27 27 of 336
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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.
3.7 General Provisions.
3.7.1 Accounting Records. 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.
3.7.2 Independent Contractors and Subcontracting.
3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.
3.7.3 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: [***INSERT BUSINESS NAME***]
[***INSERT STREET ADDRESS***]
[***INSERT CITY STATE ZIP***]
ATTN: [***INSERT NAME AND TITLE***]
City: City of Laguna Beach
505 Forest Avenue
Laguna Beach CA 92651
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ATTN: Kirsten Gallacher
Senior Administrative Analyst
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.
3.7.4 Ownership of Materials and Confidentiality.
3.7.4.1 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"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.7.4.2 Subconsultants. 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 its subconsultants, or those provided to Consultant by the City.
3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be 29 29 of 336
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responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & 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.
3.7.4.6 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. 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 an 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.
3.7.5 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.
3.7.6 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.
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3.7.7 Attorneys’ 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 attorneys’ fees and all costs of such action.
3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.
Consultant shall not subcontract any portion of the Services 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.
3.7.13 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 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.
3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 31 31 of 336
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3.7.15 Waiver. 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.
3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.17 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.
3.7.18 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. 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. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. 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 Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.19 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.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.
3.8 Federal Provisions. When funding for the services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “A-1” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF LAGUNA BEACH AND
[***INSERT NAME***]
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF LAGUNA BEACH [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:
Approved By:
Dave Kiff
City Manager
Approved as to Form:
_____________________________________
City Attorney
Attested By:
City Clerk
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55852.00003\42823523.1
Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"
SCOPE OF SERVICES
[***INSERT SCOPE***]
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Exhibit “A-I-1” PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A-I"
FEDERAL CONTRACT PROVISIONS
[***INSERT SCOPE IF APPLICABLE***]
35 35 of 336
Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"
SCHEDULE OF SERVICES
[***INSERT SCHEDULE***]
36 36 of 336
Attachment “B” PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "C"
COMPENSATION
[***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***] 37 37 of 336
ATTACHMENT C
38 38 of 336
Fuel Modification Zone 1 – Dartmoor
FMZ 1 is located in the western portion of the City of Laguna Beach. It begins approximately at Dunnegan Place to the west, runs generally parallel to Hillcrest Drive, High Drive, and ends just beyond Poplar Street to the east. The overall habitat in FMZ 1 is dominated by vegetation including California sagebrush, non-native grasses, and laurel sumac.
The area is adjacent to residential development primarily to the south and recreational hiking trails to the north and east. The western portion and small areas of the eastern portion of FMZ 1 are located within Laguna Coast Wilderness Park managed by Orange County Parks.
FMZ 1 is maintained by goat herds that conduct one pass annually. The herd clears up to 80% of the native and 100% of the non-native species within the zone. An average minimum of 4 inches height of intact grass is retained onsite as an erosion control measure.
FMZ Number 1
FMZ Name Dartmoor
Status Implemented:
Maintained by
the City
Treatment
Method
Goats
Total Acres 29.91
#1 #2
39 39 of 336
Fuel Modification Zone 2 – Skyline-Alta Laguna
FMZ 2 is located in the central portion of the City of Laguna Beach. It begins approximately at Loma Terrace to the west, runs generally along Skyline Drive and Park Avenue to the north, and ends just west of Alta Laguna Boulevard to the east.
The hillside habitat is primarily non-native grassland with some sections of coastal sage scrub and includes non-native grasses and toyon.
FMZ 2 is adjacent to residential and institutional areas to the south and east and recreational trails to the north.
FMZ 2 is maintained by goat herds that conduct one pass annually. The herd clears up to 80% of the native and 100% of the non-native species within the zone. An average minimum of 4 inches height of intact grass is retained onsite as an erosion control measure.
FMZ Number 2
FMZ Name Skyline-Alta
Laguna
Status Implemented:
Maintained by
the City
Treatment
Method
Goats
Total Acres 60.17
#3 #4
40 40 of 336
Fuel Modification Zone 3 – Hidden Valley
FMZ 3 is located in the central portion of the City of Laguna Beach. It begins just east of Skyline Drive to the west, runs easterly north of Park Avenue, and ends just west of Bern Drive to the east. The overall habitat is primarily coastal sage scrub and includes California sagebrush and prickly pear cactus.
FMZ 3 is adjacent to residential development to the north and east and recreational hiking trails to the south and west. Goats will be used to reduce vegetation load in FMZ 3, and a bi-annual sensitive species review is required.
FMZ 3 is maintained by goat herds that conduct one pass annually. The herd clears up to 80% of the native and 100% of the non-native species within the zone. An average minimum of 4 inches height of intact grass is retained onsite as an erosion control measure.
FMZ Number 3
FMZ Name Hidden Valley
Status Implemented:
Maintained by
the City
Treatment
Method
Goats
Total Acres 42.94
#5 #6
41 41 of 336
Fuel Modification Zone 4 – Bluebird Canyon
FMZ 4 is located near the eastern portion of the City of Laguna Beach. It begins approximately at Madison Place to the west, runs generally along the north side of Morningside Drive, and ends just before the intersection of Morningside Drive and Rancho Laguna Road to the southeast. The steep hillside habitat is primarily coastal sage scrub, ornamental plants, and grasses primarily including California sagebrush, lemonade berry, toyon, and non-native grasses.
FMZ 4 wraps around residential development to the south and west. Recreational hiking trails are present to the north, east, and south.
FMZ 4 is maintained by goat herds that conduct one pass annually. The herd clears up to 80% of the native and 100% of the non-native species within the zone. An average minimum of 4 inches height of intact grass is retained onsite as an erosion control measure.
FMZ Number 4
FMZ Name Bluebird
Canyon
Status Implemented:
Maintained by
the City
Treatment
Method
Goats
Total Acres 39.95
#7 #8
42 42 of 336
Fuel Modification Zone 5 – Nestall – Top of the World
FMZ 5 is located in the eastern portion of the City of Laguna Beach. The south end is located just east of Sommet Du Monde, and runs generally along Mountain View Drive to the east, and ends at Tyrol Drive. The general habitat is primarily a nonnative grassland with some sections of oak trees.
The area is adjacent to residential and institutional development to the west and recreation hiking trails to the north, east, and south.
FMZ 5 is maintained by goat herds that conduct one pass annually. The herd clears up to 80% of the native and 100% of the non-native species within the zone. An average minimum of 4 inches height of intact grass is retained onsite as an erosion control measure.
FMZ Number 5
FMZ Name Nestall – Top of
the World
Status Implemented:
Maintained by
the City
Treatment
Method
Goats
Total Acres 30.49
#9 #10
43 43 of 336
Fuel Modification Zone 6 – Fire Road
FMZ 6 is located in the eastern portion of the City of Laguna Beach. It begins east of Sommet Du Monde, runs along Sommet Du Monde to both the east and west, and ends just north of the intersection of Sommet Du Monde and Del Mar Avenue to the south. The overall habitat is primarily non-native grassland with some sections of coastal sage scrub and includes non-native grasses, toyon, and California sagebrush. FMZ 6 is entirely located within Aliso and Wood Canyons Wilderness Park.
FMZ 6 is adjacent to residential development to the north, recreational hiking trails to the east and west, and recreational facilities to the south.
FMZ 6 is maintained by goat herds that conduct one pass annually. The herd clears up to 80% of the native and 100% of the non-native species within the zone. An average minimum of 4 inches height of intact grass is retained onsite as an erosion control measure.
FMZ Number 6
FMZ Name Fire Road
Status Implemented:
Maintained by
the City
Treatment
Method
Goats
Total Acres 37.76
#11
44 44 of 336
Fuel Modification Zone 7 – Ceanothus
FMZ 7 is located in the southern portion of the City of Laguna Beach, and generally runs to the east of Ceanothus Drive and Ocean View Street. The steep hillside habitat is primarily coastal sage scrub and non-native grasses and includes California sagebrush, lemonade berry, toyon, and non-native grasses.
FMZ 7 is maintained by goat herds that conduct one pass annually. The herd clears up to 80% of the native and 100% of the non-native species within the zone. An average minimum of 4 inches height of intact grass is retained onsite as an erosion control measure.
FMZ Number 7
FMZ Name Ceanothus
Status Implemented:
Maintained by
the City
Treatment
Method
Goats
Total Acres 10.11
#12
45 45 of 336
Fuel Modification Zone 8 – Three Arch Bay
FMZ 8 is located in the southern portion of the City of Laguna Beach, east of Sunset Avenue and North Vista De Catalina, and north of North Vista De La Luna and Vista De San Clemente. The steep hillside habitat is primarily coastal sage scrub with bare rock and includes California sagebrush, laurel sumac, toyon, and non-native grasses.
FMZ 8 is maintained by goat herds that conduct one pass annually. The herd clears up to 80% of the native and 100% of the non-native species within the zone. An average minimum of 4 inches height of intact grass is retained onsite as an erosion control measure.
FMZ Number 8
FMZ Name Three Arch Bay
Status Implemented:
Maintained by
the City
Treatment
Method
Goats
Total Acres 10.82
#13 #14
46 46 of 336
Fuel Modification Zone 9 – Del Mar
FMZ 9 is located in the central portion of the City of Laguna Beach, east of La Mirada Street and north of Del Mar Avenue. The hillside habitat is primarily composed of oak trees, ornamental plants, and non-native grasses. Aliso and Wood Canyons Wilderness Park is adjacent to the east of this FMZ.
FMZ 5 is maintained by goat herds that conduct one pass annually. The herd clears up to 80% of the native and 100% of the non-native species within the zone. An average minimum of 4 inches height of intact grass is retained onsite as an erosion control measure.
FMZ Number 9
FMZ Name Del Mar
Status Implemented:
Maintained by
the City
Treatment
Method
Goats
Total Acres 7.35
#15 #16
47 47 of 336
Fuel Modification Zone 10 – Barracuda
FMZ 10 is located in the eastern portion of the City of Laguna Beach, east of Barracuda Way and Loretta Drive, and south of Nyes Place. The local steep hillside habitat is primarily coastal sage scrub, cactus scrub, southern maritime chaparral and non-native grasses. Dominant vegetation includes California sagebrush, prickly pear cactus, and laurel sumac. A combination of goats and hand crews is used to maintain FMZ 10.
The portion of the zone located below Nyes Place is referred to as FMZ 10 (West) and is maintained by goat herds that conduct one pass annually. The herd clears up to 80% of the native and 100% of the non-native species within the zone. An average minimum of 4 inches height of intact grass is retained onsite as an erosion control measure.
The portion of the zone behind Lorretta Drive and Barracuda Way is referred to as FMZ 10 (East). This area is maintained by hand crews due to the presence of high and very high value habitat. As of this report’s publication, the City maintains the hand crew section under the conditions of an Emergency Coastal Development Permit, which limits maintenance to a single clearing per year. Hand crews clear up to 50% of the vegetation within the area starting with non-native species, herbaceous weeds, and grasses.
FMZ Number 10
FMZ Name Barracuda
Status Implemented:
Maintained by
the City
Treatment
Method
Goats and
Hand Crews
Total Acres 8.90
#17 #18
48 48 of 336
Fuel Modification Zone 11 – Driftwood
FMZ 11 is located in the eastern portion of the City of Laguna Beach, north of G Street, Ocean Vista Drive, and east of Driftwood Drive. Crownbeard, western dichondra, and paniculate tarplant occur within this FMZ. The habitat is primarily composed of coastal sage scrub, southern maritime chaparral and non-native grasses. Dominant vegetation includes California sagebrush, laurel sumac, lemonade berry bigpod ceanothus, and non-native grasses.
As of this report’s publication, the City maintains FMZ 11 under the conditions of an Emergency Coastal Development Permit, which limits maintenance to a single clearing per year. Hand crews clear up to 50% of the vegetation within the area starting with non-native species, herbaceous weeds, and grasses.
FMZ Number 11
FMZ Name Driftwood
Status Implemented:
Maintained by
the City
Treatment
Method
Hand Crews
Total Acres 3.18
#19 #20
49 49 of 336
Fuel Modification Zone 12 – View Park
FMZ 12 is located in the eastern portion of the City of Laguna Beach, west of residences along Quivera Street, and is adjacent south of FMZ 13 and north of a portion of FMZ 15. Dense lemonade berry scrub dominates the habitat. Other vegetation includes California sagebrush, prickly pear cactus, and laurel sumac.
FMZ 12 is maintained by hand crews and receives up to three maintenance passes per year as follows: Pass 1 (Winter) herbicide treatment; Pass 2 (Spring) vegetation clearing and herbicide treatment; and Pass 3 (Summer), as needed, a final vegetation clearing and herbicide treatment.
FMZ Number 12
FMZ Name Park View
Status Implemented:
Maintained by
the City
Treatment
Method
Hand Crews
Total Acres 1.38
#21 #22
50 50 of 336
Fuel Modification Zone 13 – Oro Canyon
FMZ 13 is located in the eastern portion of the City of Laguna Beach, and is surrounded by residential development to the north, east, and west. It is adjacent north of FMZ 12. The habitat is primarily composed of coastal sage scrub, and dominant vegetation includes California sagebrush, lemonade berry, laurel sumac, and toyon.
FMZ 13 is maintained by hand crews and receives up to three maintenance passes per year as follows: Pass 1 (Winter) herbicide treatment; Pass 2 (Spring) vegetation clearing and herbicide treatment; and Pass 3 (Summer), as needed, a final vegetation clearing and herbicide treatment.
FMZ Number 13
FMZ Name Oro Canyon
Status Implemented:
Maintained by
the City
Treatment
Method
Hand Crews
Total Acres 5.70
#23 #24
51 51 of 336
Fuel Modification Zone 14 – Moorhead
FMZ 14 is located in the western portion of the City of Laguna Beach. FMZ 14 encompasses the northern portion of Water Tank Road just west of Laguna Canyon Road (California State Route [SR] 133) on the eastern side of Laguna Beach. The local habitat consists of primarily non-native grasslands with patches of laurel sumac scrub. Dominant vegetation includes non-native grasses, cactus patches, and laurel sumac.
FMZ 14 is maintained annually by the Laguna Beach County Water District.
FMZ Number 14
FMZ Name Moorhead
Status Implemented:
Not Maintained
by the City
Treatment
Method
Hand Crews
Total Acres 3.65
#25 #26
52 52 of 336
Fuel Modification Zone 15 – Nyes-Oro
FMZ 15 is located in the central portion of the City of Laguna Beach. FMZ 15 includes several distinct boundaries near southern Laguna Beach. The western boundary borders the eastern side of residences beginning at Oro Street to the north and ending at Queda Way and Highland Road to the south. The eastern boundary is located south of Alisos Avenue and Cortez Avenue, west of Balboa Avenue and Davis Way, and north of Nyes Place.
The habitat is primarily composed of coastal sage scrub and southern maritime chaparral, non-native grasses, and landscaped areas. Dominant vegetation includes California sagebrush, lemonade berry and toyon. There are multiple exclusion areas for big-leaved crownbeard.
FMZ 15 is maintained by hand crews and receives up to three maintenance passes per year as follows: Pass 1 (Winter) herbicide treatment; Pass 2 (Spring) vegetation clearing and herbicide treatment; and Pass 3 (Summer), as needed, a final vegetation clearing and herbicide treatment.
FMZ Number 15
FMZ Name Nyes-Oro
Status Implemented:
Maintained by
the City
Treatment
Method
Hand Crews
Total Acres 14.98
#27 #28
53 53 of 336
Fuel Modification Zone 16 – Lower Hobo Canyon
FMZ 16 is undeveloped as of this report’s publication date. The City anticipates pursuing environmental design and permitting in 2023.
FMZ 16, as proposed, is composed of two portions in southern Laguna Beach. The northern portion is bordered by Nyes Place to north, east, and west, and Ashton Drive to the south. The southern portion borders the eastern side of residences and institutions (Saint Catherine of Siena Parish School) along Terry Road, runs easterly along Laguna Terrace N, M Street, K Street, and wraps around K Street to the south and ends at H Street.
FMZ 16 contains steep hillside habitat with bare rock and grasses. Dominant vegetation includes California sagebrush, laurel sumac, toyon, and non-native grasses. There are large populations of big-leaved crownbeard in this area.
FMZ Number 16
FMZ Name Lower Hobo
Canyon
Status Undeveloped
Treatment
Method
Undetermined
Total Acres 16.17
#29 #30
54 54 of 336
Fuel Modification Zone 17 – Upper Bluebird Canyon
FMZ 17 is located in the eastern portion of the City of Laguna Beach. FMZ 17 is on the south side of Temple Hills Drive and west of Zell Drive and Bernard Court, behind residential properties in east Laguna Beach. A small portion of the southern end of FMZ 17 is within Aliso and Wood Canyons Wilderness Park.
Habitat within FMZ 17 is primarily composed of coastal sage scrub and lemonade berry scrub. Dominant plant species includes lemonade berry, California buckwheat, and California sagebrush. Several large sandstone outcrops and cliff faces are also present.
As of this report’s publication date, FEMA is conducting its review of the environmental documents. The City anticipates developing FMZ 17 in 2023. Fuel management is expected to be achieved utilizing hand crews. After development, the zone will be maintained on an ongoing basis per the City’s treatment protocols.
FMZ Number 17
FMZ Name Upper Bluebird
Canyon
Status Development in
Progress
Treatment
Method
Hand Crews
Total Acres 8.60
55 55 of 336
Fuel Modification Zone 18 – South Bluebird Canyon
FMZ 18 consists of three distinct areas and is on the south side of Bluebird Canyon Drive and north of Summit Drive near central Laguna Beach. Habitat within FMZ 18 is primarily composed of chaparral and coastal sage scrub. Dominant plant species includes toyon and lemonade berry. Several ornamental species such as Chinese elm are also present along Bluebird Canyon Drive.
As of this report’s publication date, FEMA is conducting its review of the environmental documents. The City anticipates developing FMZ 18 in 2023. Fuel management is expected to be achieved utilizing hand crews. After development, the zone will be maintained on an ongoing basis per the City’s treatment protocols.
FMZ Number 18
FMZ Name South Bluebird
Canyon
Status Development in
Progress
Treatment
Method
Hand Crews
Total Acres 9.19
56 56 of 336
Fuel Modification Zone 19 – Diamond Crestview Canyon
FMZ 19 is undeveloped as of this report’s publication date. The City anticipates pursuing environmental design and permitting in 2023.
FMZ 19 is surrounded by residential development along Summit Drive to the north, Baja Street to the east, Lomita Way, Catalina Street, Glenneyre Street, and Moss Street to the south, and Crestview Drive and Diamond Street to the west.
Steep hillside habitat primarily contains coastal sage scrub with bare rock and grasses. Dominant vegetation includes California sagebrush, laurel sumac, toyon, and non-native grasses.
FMZ Number 19
FMZ Name Diamond
Canyon
Status Undeveloped
Treatment
Method
Undetermined
Total Acres 19.93
#31 #32
57 57 of 336
Fuel Modification Zone 20 – South Laguna
FMZ 20 encompasses the canyons and hillsides bounded roughly on the west by Ceanothus Drive, Alta Loma Drive, Holly Drive, and Ocean View Street; on the south by West Street, Valido Road, and Paseo del Sur; and wraps around East Georges Way, Mar Vista Avenue, and Eagle Rock Way. FMZ 20 predominantly borders the northern portion of the South Laguna residential neighborhood as well as the South Coast Water District office and water reservoir. The majority of FMZ 20 is located within Aliso and Wood Canyons Wilderness Park and includes the beginning of Valido Trail.
The steep hillside habitat primarily contains southern maritime chaparral and non-native grasses. Dominant vegetation includes California sagebrush, bigpod ceanothus, cactus patches, toyon, eucalyptus trees, and nonnative grasses. Several treatment exclusions to protect big-leaved crownbeard are present in this area.
FMZ 20 is maintained by hand crews and receives up to three maintenance passes per year as follows: Pass 1 (Winter) herbicide treatment; Pass 2 (Spring) vegetation clearing and herbicide treatment; and Pass 3 (Summer), as needed, a final vegetation clearing and herbicide treatment.
FMZ Number 20
FMZ Name South Laguna
Status Implemented:
Maintained by
the City
Treatment
Method
Hand Crews
Total Acres 6.96
#33 #34
58 58 of 336
Fuel Modification Zone 21 – Sunset
FMZ 21 is located on the hillsides to the east of the neighborhoods between Eagle Rock Way to the north and Vista Del Sol to the south. The steep, densely vegetated slopes within FMZ 21 pose a risk of wildfire hazards to nearby structures and valuable habitat.
The FMZ primarily contains southern maritime chaparral, coastal sage scrub with bare rock and grasses. Dominant vegetation includes California sagebrush, bigpod ceanothus, laurel sumac, toyon, and non-native grasses. The lower portions of existing drainages are largely disturbed and planted with ornamental vegetation.
There are several treatment exclusions to protect populations of big-leaved crownbeard in this area.
FMZ 21 is maintained by hand crews and receives up to three maintenance passes per year as follows: Pass 1 (Winter) herbicide treatment; Pass 2 (Spring) vegetation clearing and herbicide treatment; and Pass 3 (Summer), as needed, a final vegetation clearing and herbicide treatment.
FMZ Number 21
FMZ Name Sunset
Status Implemented:
Maintained by
the City
Treatment
Method
Hand Crews
Total Acres 12.56
#35 #36
59 59 of 336
Fuel Modification Zone 22 – Park Avenue
FMZ 22 extends along Park Avenue, west of Hidden Valley Canyon Road and ends east of Wendt Terrace and Temple Hills Drive. The local habitat is primarily composed of coastal sage scrub. Dominant plant species includes California sagebrush, California encelia, lemonade berry, and coyote brush. Several ornamental species such as Canary Island pine are also present along Park Avenue.
Several large sandstone outcrops are also located along the west side or Park Avenue.
FMZ 22 consists of 50-foot zones of cleared vegetation on both sides of Park Avenue, a local evacuation roadway. No goats are used in FMZ 22 due to geological stability concerns.
FMZ 22 is maintained by hand crews and receives up to three maintenance passes per year as follows: Pass 1 (Winter) herbicide treatment; Pass 2 (Spring) vegetation clearing and herbicide treatment; and Pass 3 (Summer), as needed, a final vegetation clearing and herbicide treatment.
FMZ Number 22
FMZ Name Park Avenue
Status Implemented:
Maintained by
the City
Treatment
Method
Hand Crews
Total Acres 7.16
60 60 of 336
Fuel Modification Zone 23 – Canyon Acres
Beginning in the south, FMZ 23 begins immediately east of Laguna Beach Parking Lot 10 and proceeds behind (southeast) the Sawdust Art Festival and Boys and Girls Club of Laguna Beach and along both sides of Canyon Acres Drive. It is located at the bottom of a tributary canyon to Laguna Canyon, and lower portions consist of extremely steep walls. The majority of FMZ 23 is already disturbed by existing fuel breaks and is vegetated by non-native plants introduced by homeowners.
There are, however, some pockets of relatively intact coastal sage scrub and lemonade berry-giant wild rye scrub.
FMZ 23 is maintained by hand crews and receives up to three maintenance passes per year as follows: Pass 1 (Winter) herbicide treatment; Pass 2 (Spring) vegetation clearing and herbicide treatment; and Pass 3 (Summer), as needed, a final vegetation clearing and herbicide treatment.
FMZ Number 23
FMZ Name Canyon Acres
Status Implemented:
Maintained by
the City
Treatment
Method
Hand Crews
Total Acres 14.87
#37 #38
61 61 of 336
Fuel Modification Zone 24 – Laguna Canyon
FMZ 24 is predominantly on the east side of Laguna Canyon Road behind residential properties and businesses. A small portion surrounds Laguna College of Art and Design on the southwestern end, and another section surrounds the Anneliese School to the north. FMZ 24 is moderately impacted by existing fuel breaks and non-native plants, with some existing areas of relatively intact native habitats with coastal sage scrub, California sagebrush, cactus patches, lemonade berry and laurel sumac. Portions of this zone are managed by Orange County Parks. Sensitive species in this area include coastal scrub oak, intermediate mariposa lily, and paniculate tarplant.
FMZ 24 is maintained by hand crews and receives up to three maintenance passes per year as follows: Pass 1 (Winter) herbicide treatment; Pass 2 (Spring) vegetation clearing and herbicide treatment; and Pass 3 (Summer), as needed, a final vegetation clearing and herbicide treatment.
FMZ Number 24
FMZ Name Laguna Canyon
Status Implemented:
Maintained by
the City
Treatment
Method
Hand Crews
Total Acres 29.35
#39 #40
62 62 of 336
Fuel Modification Zone 25 – Irvine Cove
FMZ 25 is on the easternmost side of Laguna Beach and borders the western and northern portions of the Irvine Cove neighborhood north of Coast Highway (SR1). FMZ 25 is entirely within Crystal Cove State Park, managed by California State Parks. Recreational trails are located in the northwest portions.
FMZ 25 has been previously treated and contains non-native grasslands and restoration areas. Dominant vegetation includes non-native grasses and cactus patches.
This FMZ is privately maintained by the local Homeowner’s Association (HOA) and is regularly hand-mowed.
FMZ Number 25
FMZ Name Irvine Cove
Status Implemented:
Not Maintained
by the City
Treatment
Method
Mowed (Private
HOA)
Total Acres 6.36
#41 #42
63 63 of 336
Fuel Modification Zone 26 – Emerald Bay
FMZ 26 adjacent to the east of FMZ 25 and borders the Emerald Cove neighborhood to the northwest, north, and northeast. FMZ 26 is located entirely within Crystal Cove State Park (managed by California State Parks) and Laguna Coast Wilderness Park (managed by Orange County Parks).
Hillside habitat includes coastal sage scrub with sections recovering from previous wildfire burns. Dominant vegetation includes prickly pear cactus and California sagebrush.
This FMZ is privately maintained by the local Homeowner’s Association (HOA) and is regularly hand-mowed.
FMZ Number 26
FMZ Name Emerald Bay
Status Implemented:
Not Maintained
by the City
Treatment
Method
Mowed (Private
HOA)
Total Acres 18.17
#43 #44
64 64 of 336
Fuel Modification Zone 27 – Corporate Yard
FMZ 27 surrounds City property (Lot 16) just west of SR-133. Portions of FMZ 27 is adjacent to Laguna Coast Wilderness Park, managed by Orange County Parks.
FMZ 27 is composed of hillside habitat with coastal sage scrub. Dominant vegetation includes California sagebrush, lemonade berry, laurel sumac, and blue elderberry.
FMZ 27 is maintained by hand crews and receives up to three maintenance passes per year as follows: Pass 1 (Winter) herbicide treatment; Pass 2 (Spring) vegetation clearing and herbicide treatment; and Pass 3 (Summer), as needed, a final vegetation clearing and herbicide treatment.
FMZ Number 27
FMZ Name Corporate Yard
Status Implemented:
Maintained by
the City
Treatment
Method
Hand Crews
Total Acres 1.51
#45 #46
65 65 of 336
-1- PROFESSIONAL SERVICES AGREEMENT
CITY OF LAGUNA BEACH
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this _____ day of ________, 2026, by and between the City of Laguna Beach, a municipal corporation organized under the laws of the State of California with its principal place of business at 505 Forest Avenue, Laguna Beach, California 92651 ("City") and California Grazing Co., a Limited Liability Company, with its principal place of business at 11485 Suey Creek Road, Santa Maria, CA 93454 ("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 certain professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing fuel modification goat grazing 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 professional services for the 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 fuel modification goat grazing 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 March 11, 2026 to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional Attachment 2
66 66 of 336
-2- PROFESSIONAL SERVICES AGREEMENT
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 Compensation.
3.2.1 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 seven hundred forty-eight thousand, twenty-nine dollars ($748,029) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant for the previous month. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. Failure to submit an invoice within ninety (90) days shall constitute an absolute waiver of any right to payment for such services, and City shall have no obligation to review, process, or pay any invoice submitted after the expiration of the ninety (90) day period.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.2.4 Extra 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 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment of Subordinates. 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.
Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. 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 67 67 of 336
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personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner 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 expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.3.4 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. The key personnel for performance of this Agreement are as follows:
Michael Klain, Co-Owner.
3.3.5 City's Representative. The City hereby designates Robert Montaghami, Fire Marshal, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates Michael Klain, Co-Owner, or his/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/her 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.
3.3.7 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.
3.3.8 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 68 68 of 336
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shall have sufficient skill and experience to perform the Services assigned to them. 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. 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 subconsultants 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.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.3.9.2 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.
3.3.9.3 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.
3.3.10 Laws and Regulations; Employee/Labor Certification. 69 69 of 336
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3.3.10.1 Compliance with Laws. 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 the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.3 Equal 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.
3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.
3.3.10.6 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 70 70 of 336
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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.
3.3.11 Insurance.
3.3.11.1 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. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the 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 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $2,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $2,000,000. 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 five (5) years from termination or expiration of this Agreement. 71 71 of 336
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3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, 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 terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (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) Automobile Liability: (1) Additional Insured: The City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible. (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.
(C) Professional Liability (Errors & Omissions): (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. (2) This insurance shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers' Compensation: (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. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically 72 72 of 336
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allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers 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.
3.3.11.7 Evidence 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 on forms approved by the City, together with all endorsements affecting each policy. 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. 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 and not replaced immediately so as to avoid a lapse in the required coverage, 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.
3.3.11.8 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 transact business of insurance 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.
3.3.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Consultant under this Agreement.
3.3.11.11 Additional Insurance Provisions
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(A) If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted.
(B) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(C) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(D) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (E) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(F) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(G) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement 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, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an 74 74 of 336
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endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. 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 officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, 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.
3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.4 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 75 75 of 336
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in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Termination of Agreement.
3.5.1 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.
3.5.2 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.
3.5.3 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.
3.6 Indemnification.
3.6.1 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 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 attorney’s 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 Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.2 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 76 76 of 336
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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.
3.7 General Provisions.
3.7.1 Accounting Records. 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.
3.7.2 Independent Contractors and Subcontracting.
3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.
3.7.3 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: California Grazing Company LLC
11485 Suey Creek Rd.
Santa Maria, CA 93454
ATTN: Michael Klain, Co-Owner
City: City of Laguna Beach
505 Forest Avenue
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Laguna Beach CA 92651
ATTN: Robert Montaghami, Fire Marshal
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.
3.7.4 Ownership of Materials and Confidentiality.
3.7.4.1 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"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.7.4.2 Subconsultants. 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 its subconsultants, or those provided to Consultant by the City.
3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be 78 78 of 336
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responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & 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.
3.7.4.6 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. 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 an 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.
3.7.5 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.
3.7.6 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.
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3.7.7 Attorneys’ 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 attorneys’ fees and all costs of such action.
3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.
Consultant shall not subcontract any portion of the Services 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.
3.7.13 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 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.
3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 80 80 of 336
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3.7.15 Waiver. 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.
3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.17 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.
3.7.18 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. 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. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. 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 Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.19 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.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.
3.8 Federal Provisions. When funding for the services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “A-1” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF LAGUNA BEACH AND
CALIFORNIA GRAZING COMPANY LLC
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF LAGUNA BEACH CALIFORNIA GRAZING COMPANY LLC
By:
Its:
Printed Name:
By:
Its:
Printed Name:
Approved By:
Dave Kiff
City Manager
Approved as to Form:
_____________________________________
City Attorney
Attested By:
City Clerk
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55852.00003\42823523.1
Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"
SCOPE OF SERVICES
Detailed Approach to Services:
A weed flush of the animals will be discussed with the project manager and/or any equipment cleaning that needs to happen beforehand. Throughout the project the owner and herder will be in communication with the project manager to ensure all is up to par and to provide accurate timelines for completion. The project manager will be notified at least a week in advance for completion of the project. The owner will ensure that the camp site and project site are left clean and without trash/debris.
1. Before the start of the project, the owner Michael Klain will meet with the project manager to review mapped units, target completion dates, access points, water and fireseason restrictions. This planning session establishes the sequence of grazing areas and identifies any logistical constraints such as water sourcing, access, trail closures, camp site location or biological monitoring concerns. A grazing calendar will be created in coordination with the project manager to ensure the grazing zones are done in the order that is best for the overall goals. There will be coordination with biologists and land managers to protect cultural and natural resources. Herders will be included in the walkthrough to directly be part of project goals and logistics, fostering seamless execution.
2. When desired, the goats will be held in a “seed-clearing” pen for 48 hours and will be fed certified weed-free hay prior to arrival and/or prior to moving to the next grazing zone.
3. We will set up electric net fencing, establish water sources, camp site location, access and exit points for the animal. Signage will be in place notifying the public that goat grazing is about to occur and warning signage will be posted about the use of electric fences and livestock guardian dogs along the fence line. Required equipment will be transported to the sites, including water trailers, portable restroom, local district water meters, fire extinguishers and other safety measures. Electric net fencing will be tested at set up and periodically throughout the day by the herders to ensure the appropriate electrical current is maintained.
4. Herds will be mobilized to designated areas using trailers or semi-trucks based on access, Herds will be deployed strategically to manage vegetation reduction while avoiding erosion or regrowth issues.
5. Herders are on site 24/7 actively monitoring grazing progress, The herder will have knowledge of flags and boundaries and will ensure the herd does not enter protected areas. They will prepare the next section of electric fencing before the current area is fully grazed, ensuring a smooth and efficient transition for the herd. The herd will not be moved to grazing sites in OC Parks without confirmation from OC Parks staff. Herders utilize herding dogs for controlled movements. Herding dogs are up to date on vaccinations and will have collars that state “Fire Dept.”
6. The herd will be continuously moved through paddocks until the project is completed, monitored by the herder and protected by livestock guardian dogs. Livestock guardian dogs are up to date on vaccinations. If there are any sick or injured animals, they will be removed from the site within 12 hours. Water buffaloes, IBC totes, and fire hoses are used to transport water.
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55852.00003\42823523.1
Exhibit “A”-2 PROFESSIONAL SERVICES AGREEMENT
7. We will collaborate with city officials to adjust timelines or operational details as needed to meet project objectives.
8. After completing any grazing project and passing quality control, we make sure to clean up after ourselves and leave the place better than we found it.
Additional information:
• All herders are trained in using advanced georeferenced Avenza mapping to ensure accuracy in grazing within designated areas.
• All herders are friendly and enjoy interacting with the public. • Custom signage provides public awareness and contact details to address any concerns or questions. Providing our direct phone line on signage will divert concerned calls from the public away from city officials so we can directly address any concerns. • We use a portable corral system for easy loading/unloading. 84 84 of 336
Exhibit “A-I-1” PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A-I"
FEDERAL CONTRACT PROVISIONS
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Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"
SCHEDULE OF SERVICES
Proposed Schedule:
California Grazing Co. will ensure that your project is prioritized due to its size and number of zones to be completed. Depending on the weather and to minimize regrowth, we can start as early as March or as late as June. Adjustments can be made to ensure completion within a preferred timeframe for fire fuel management zones. Working with the City’s project manager, we will graze each zone based on its priority. We expect to have two to three herds grazing at a time.
Grazing speeds are determined by the number of herds deployed. Utilizing groups of approximately 500 goats, we can achieve the following grazing rates:
· One group (Approx 500 goats): 2–3 acres per day.
· Two groups (Approx 1,000 goats): 3–6 acres per day.
· Three groups (Approx 1,500 goats): 6–9 acres per day.
Sheep can also be incorporated into the herds if desired. Sheep and goats target different types of vegetation, allowing for a complementary grazing approach that achieves optimal results depending on the fuel types present. These preferences and combinations can be discussed further during the walkthrough to tailor the grazing plan to meet your specific needs.
Additional herds will be provided at no additional cost, ensuring flexibility to complete the project efficiently and effectively. No subcontractors will be utilized for this project. 86 86 of 336
Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "C"
COMPENSATION
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STAFF REPORT
Meeting Date:
March 10, 2026
CONSENT
13 SUBJECT: APPOINTMENT OF COUNCIL MEMBER KEMPF AND MAYOR PRO TEM JONES TO THE AD HOC COMMITTEE TO REVIEW FISCAL YEAR 2026-27
COMMUNITY ASSISTANCE GRANT APPLICATIONS
RECOMMENDATION: It is recommended that the City Council:
1. Appoint Council member Kempf and Mayor pro Tem Jones to serve as the ad hoc committee responsible for reviewing the Fiscal Year 2026-27 Community Assistance Grant applications;
2. Direct the ad hoc committee to report back to the City Council with grant award recommendations at the budget adoption meeting on June 23, 2026; and
3. Find that the recommended action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378, as it constitutes an administrative activity that will not result in a direct or indirect physical change in the environment.
SUMMARY OF THE MATTER
This report recommends that the City Council appoint two City Council members to serve on an ad hoc committee to review applications submitted for the Fiscal Year 2026-27 Community Assistance Grant (CAG) program and provide funding recommendations at the June 23, 2026, budget adoption meeting.
DISCUSSION
The Community Assistance Grant (CAG) program provides funding to local non-profits and public organizations that provide special services to Laguna Beach residents. The program supports local organizations in funding new projects and expanding services within the community. The CAG program is funded through lease payments received from the Festival of Arts (FOA) which contributes 3.5% of FOA’s annual gross revenue. For the Fiscal Year 2026-27, approximately $234,500 is available for distribution.
To ensure broad awareness, notification of funding availability for the CAG program was advertised on the City’s website, as well as through other City communication channels, and was also promoted in local media publications. Applications will be accepted online from January 12, 2026, and March 19, 2026.
Each year, the City Council appoints two members to review applications and present funding recommendations to the City Council during the budget adoption meeting scheduled for June 23, 2026..
FINANCIAL ANALYSIS
The recommended action has no financial impact to the budget. 1 of 338
APPOINTMENT OF COUNCIL MEMBER KEMPF AND MAYOR PRO TEM JONES TO THE AD HOC COMMITTEE TO REVIEW FISCAL YEAR 2026-27 COMMUNITY ASSISTANCE GRANT APPLICATIONS March 10, 2026
ENVIRONMENTAL ANALYSIS
This action is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15378 because it does not qualify as a “project.” Section 15378 defines a project as an activity that may cause a direct or reasonably foreseeable indirect physical change in the environment. The appointment of City Council Members to an ad hoc committee is an administrative organizational activity that will not result in any physical change to the environment.
ATTACHMENTS
None
Submitted By: Alexis Braun Approved: .David A Kiff
Alexis Braun, Acting Director of
Transit and Community Services
Dave Kiff, City Manager
Report Prepared By: Coordinated With:
Alexis Braun, Acting Director of Transit and
Community Services, Transit and Community
Services
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STAFF REPORT
Meeting Date:
March 10, 2026
BUSINESS
14 SUBJECT: HOSPITAL ACTION PLAN / FRAMEWORK
RECOMMENDATION: It is recommended that the City Council:
1. Receive public input on a proposed “Mission Hospital Laguna Beach Action Plan / Framework” for the City to approach the possible closure of the Emergency Room and larger site changes at Mission Hospital / Laguna Beach;
2. Discuss, consider, and adopt a preliminary Action Plan; and
3. Determine that the recommended action is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378, as the action consists of receiving information and providing policy direction and does not authorize any physical change to the environment.
SUMMARY OF THE MATTER
This report presents a draft Action Plan / Framework for the City of Laguna Beach to respond to the potential closure of the Emergency Room and other site plan changes at Mission Hospital Laguna Beach in South Laguna. Providence representatives have indicated that significant seismic upgrades may be required to maintain the existing hospital facility beyond the statewide 2030 hospital seismic compliance deadline.
As a result, Providence has discussed potential changes to the hospital campus, including a possible transition away from a full-service emergency department toward a model focused on urgent care and expanded outpatient medical services.
The proposed Action Plan /Framework outlines several potential strategies for the City, including improving community communication, gathering additional data on emergency medical services, exploring legal and policy options related to hospital closures, and evaluating long-term land-use considerations for the hospital site.
There is no immediate fiscal impact associated with receiving the report and discussing the draft Action Plan. Any future consultant services or policy initiatives would return to the City Council for approval.
DISCUSSION
Councilmembers Rounaghi and Whalen serve as the Council’s ad hoc committee on Mission Hospital /Laguna Beach. They and the city manager have been working with Seth Teigen, the Chief Executive of Providence Mission Hospital over the past months as Mission has released information regarding a significant reuse of the hospital site due in part to a 2030 seismic safety deadline for hospitals across the state. The repair of the Mission Laguna Beach hospital to meet new seismic standards is estimated at well over $350 million.
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HOSPITAL ACTION PLAN / FRAMEWORK
March 10, 2026
More recent discussions have centered around a preliminary plan by Mission Hospital Laguna Beach to transition away from an emergency room (ER) model to a model that is focused more on Urgent Care as well as offering an array of medical services such as colonoscopies, orthopedic surgeries, and other outpatient services that could be provided in a new Medical Center building that would replace the older hospital building. Mr. Teigen points to Providence’s near-completed Medical Center in Rancho Mission Viejo has a potential model or vision for the Laguna Beach location.
A key issue for the community and the City is the potential loss of the 24/7 emergency room. The ER received about 17,000 visits in 2025, but generally did not receive any patients experiencing either a stroke or a heart attack - as the Mission Laguna Beach hospital is not set up to address those medical situations.
Instead, patients from Laguna Beach who are experiencing a heart attack or a stroke are generally transported to Hoag Hospital in Newport Beach or “Big Mission” in Mission Viejo (or Kaiser in Irvine).
All of that noted, the City Council's ad hoc committee wanted to approach the pending 2030 deadline and possible closure of the ER and Hospital with a strategy. That strategy, written up in the Action Plan / Framework proposed in Attachment #1 would do a number of things:
• Provide the community with more information and feedback about the potential changes to Mission Hospital including regularly updating the community as two decision points; • Have two liaison groups to improve communications;
• Gather and share data as specific as possible as to visits to the ER transports to other hospitals and related urgent or emergent medical care;
• Bring on one or more consultants to assist the city with legal issues associated with hospital closures the removal of an ER, and potential real estate approaches to the site; • Have a legislative strategy that might ask for an extension statewide to the 2030 deadline (although this has been tried in the recent past and not become law), as well as examining whether a standalone ER not affiliated with a hospital is permissible in a community like Laguna Beach; and • Discussions of options for the hospital site including zoning changes, adoption of a specific plan, other medical uses, housing uses, and more.
As noted the draft Action Plan / Framework is Attachment 1.
Council and community dialogue is welcomed about the approach.
FINANCIAL ANALYSIS
The fiscal impact associated with implementing the proposed Action Plan / Framework is currently unknown. The City may retain consultants to assist with legal analysis, healthcare policy review, economic analysis, or land use planning related to the potential changes at the Mission Hospital Laguna Beach campus.
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HOSPITAL ACTION PLAN / FRAMEWORK
March 10, 2026
If consultant services are pursued, staff anticipates issuing one or more Requests for Proposals (RFPs). Any resulting contracts would return to the City Council for approval in accordance with the City’s Purchasing Policy and contract authorization thresholds.
Future redevelopment or reuse of the hospital site may also have long-term fiscal implications for the City, including potential impacts to property tax revenue, economic activity, and housing opportunities.
ENVIRONMENTAL ANALYSIS
The recommended action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378, because the action consists of receiving public input and providing policy direction regarding a preliminary Action Plan and does not authorize any physical development or environmental change.
ATTACHMENTS
1. Hospital Action Plan / Framework (Pgs. 4-5)
Submitted By: Dave Kiff Approved: .David A Kiff
Dave Kiff, City Manager Dave Kiff, City Manager
Report Prepared By: Coordinated With:
Dave Kiff, City Manager Bob Whalen, Councilmember
Alex Rounaghi, Councilmember
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CITY OF LAGUNA BEACH
HOSPITAL ACTION PLAN FRAMEWORK (DRAFT)
March 10, 2026
Objective: To work collaboratively with Providence Mission Hospital to: (i) understand, among other things, all legal requirements related to proposed changes at the Laguna Beach campus, local land use powers, State law, and the CA AG’s opinions/direction; (ii) develop a plan to retain an Emergency Room at the Laguna Beach campus and to unlock the potential for the site to provide additional medical, housing and other improvements beneficial to the residents of the City, and (iii) a financial return to Providence as the owner of the hospital site.
Determine Council and Community goals
Early Goals: Share knowledge, agree on data, communicate, preserve all community and City rights, preserve rapid access to a quality Emergency Room, even if stand-alone.
End Goal: Preserve rapid access to a quality Emergency Room, even if stand alone, at the hospital campus, provide effective re-use of the site that addresses City and community needs.
To Summarize key facts
• Want we know about the Providence merger and AG obligations • The law regarding closures, ERs
To Summarize Key Data
• ER and paramedic transport use patterns over the last four years, including time of day, day of week;
• Explanation of where ambulance transports go, what cases can be at ER vs. Urgent Care vs. some other outcome;
• Orange County EMS data, including the regional impact of a possible closure of the Providence Mission Hospital / Laguna Beach ER.
To Form Two Input Groups
• Form an internal Working Group comprised of Council Ad Hoc, City Manager, City Attorney, Community Development Director, Police Chief, Fire Chief, Marine Safety Chief
• Form external Advisory Group comprised of City Hospital Ad Hoc members and local residents.
To Bring on Consultant Assistance
Attachment 1
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• Issue an RFP for specialized assistance with hospital closure process, including rules relating to ERs.
• Issue an RFP for real estate consultant to help value the financial potential of the site.
To Provide Relevant Zoning Information
• Summary of the existing zoning
• If the City wanted to do a Specific Plan, what process would that involve. • Timing of any zoning changes.
• Understand & advise on Providence plan as to land use, zoning changes. • With consultant, understand the economics of possible land use alternatives To Provide Good Communications
• With community
• With Providence Mission Hospital
• With external advisory group
• With CA legislators (Sen Strickland, Sen Blakespear, Asm Dixon, Asm Petrie-Norris) • With Council
• Could include Webpage and FAQ, community meetings, include one or more Town Halls.
To Consider Asking for Legislation
• Legislation that could waive the pending 2030 seismic safety requirements (already attempted, but did not become law)
• Legislation that could authorize a stand-alone ER more broadly that current apparent carve-outs (which appear to be for rural areas)
To Evaluate All Options / Alternatives for Emergency Medical Care
1. Stand-alone ER (may require legislation)
2. Maintain ER with minimum number of acute care beds provided to allow continued operation.
3. If Mission is not interested in operating an ER, seek affiliation with someone else who is
4. What transport improvements can be made - faster ways out of town, less “wall time” at hospitals, more use of Alternative Destination choices for transport (such as to Urgent Care).
5. Robust and multi-hour urgent care at a new Providence campus.
6. Mobile Integrated Health (consider requesting some funding from Providence). A City of LB Medic paired with a Providence nurse practitioner who can respond to 911 calls (when warranted) to resolve patient issues at home.
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2 Our unique topography and limited evacuation routes make it diƯicult to get around, especially on weekends, holidays every summer as well as the shoulder seasons. This isn’t going to change. It will likely get worse as more housing is built in nearby cities as well as our own in the decades to come.
Please also consider formally supporting CA Senate bill 588--which supports freestanding ERs in underserved areas—as a legislative body. If Laguna loses its ER, we will indeed be underserved here.
Trish Sweeney
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STAFF REPORT
Meeting Date:
March 10, 2026
BUSINESS
15 SUBJECT: CONSIDERATION OF (1) A RESOLUTION ADOPTING AN AMENDED AND
RESTATED CITY COUNCIL POLICY AND PROCEDURES MANUAL,
INCLUDING ADOPTION OF A DISRUPTION POLICY PER SB 707 AND A CITY
COUNCIL APPEALS POLICY, AND AMENDMENTS TO THE CITY COUNCIL
MEETING ORGANIZATION POLICY, REMOTE ATTENDANCE POLICY, AND OTHER MINOR ADMINISTRATIVE POLICY CHANGES; (2) SELECTING DATES FOR APPEALS DAYS FOR 2026; AND (3) FINDING SUCH ACTIONS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
RECOMMENDATION: It is recommended that the City Council:
1. Adopt the attached Resolution, titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAGUNA BEACH, CALIFORNIA, ADOPTING AN AMENDED AND RESTATED CITY
COUNCIL POLICY AND PROCEDURES MANUAL, AND FINDING SUCH ACTION
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER STATE CEQA GUIDELINES SECTION 15061,” which in addition to formatting, correction of scrivener’s errors, and minor administrative revisions, includes:
a. Amendments to:
i. Policy 1.1, “City Council Meeting Order of Business”; ii. Policy 1.3, “Establishing Time and Location for Regular City Council Meetings; Remote Participation,” including specifying whether to utilize a two-way audio/visual or telephonic platform for remote participation at City Council meetings, effective July 1, 2026; and
iii. Policy 2.2, “Use of City Seal/Emblem.”
b.Adding Policy 1.7, “Disruption of Telephonic or Internet Service During Public Meetings” (SB 707); and
c. Adding Policy 1.8, “Processing and Consideration of Appeals to the City Council Pursuant to Title 25 of the Laguna Beach Municipal Code.”
2. Provide direction regarding scheduling and dates for three (3) proposed Appeals Days for 2026;
3. Direct staff to return at the end of 2026 to evaluate the efficacy of the policies relating to meeting organization and remote meeting attendance; and
4. Finding such action not a project under the California Environmental Quality Act (CEQA), or alternatively, exempt from CEQA.
SUMMARY OF THE MATTER
Staff recommends adoption of amendments to the City Council Policy and Procedures Manual, including the addition of two new policies and several organizational and administrative updates. 1 of 112
CONSIDERATION OF (1) A RESOLUTION ADOPTING AN AMENDED AND RESTATED CITY
COUNCIL POLICY AND PROCEDURES MANUAL, INCLUDING ADOPTION OF A DISRUPTION POLICY PER SB 707 AND A CITY COUNCIL APPEALS POLICY, AND
AMENDMENTS TO THE CITY COUNCIL MEETING ORGANIZATION POLICY, REMOTE ATTENDANCE POLICY, AND OTHER MINOR ADMINISTRATIVE POLICY CHANGES; (2) SELECTING DATES FOR APPEALS DAYS FOR 2026; AND (3) FINDING SUCH ACTIONS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
March 10, 2026
The primary purpose of these revisions is to comply with Senate Bill 707 (“SB 707”), which requires certain city councils—including the City Council for the City of Laguna Beach—to provide two-way remote public participation at City Council meetings and to adopt a policy addressing disruptions to telephonic or internet service used for that participation (“Disruption Policy”). The proposed Disruption Policy establishes procedures for responding to technology outages during City Council meetings. In accordance with SB 707, remote participation and the Disruption Policy must take effect on July 1, 2026.
In further consideration of the potential for disruptions (such as “Zoom bombings”) that are not addressed as part of the Disruption Policy, additional City Council policy revisions are proposed to mitigate the risk of such disruption while ensuring continued public participation, efficiencies, and productivity of completing business at City Council meetings. These recommendations include proposed changes to the City’s existing policies regarding City Council Meeting Order of Business (Policy 1.1) and Establishing Time and Location for Regular Council Meetings, to now include remote participation (Policy 1.3). Further, a proposed Appeals Policy creates a structured process for scheduling appeals to the City Council through special City Council meetings dedicated to appeals (“Appeals Days”); the Appeals Policy also proposes additional procedures and protocol for the processing and hearing of appeals.
Additional proposed revisions to existing policies are intended to clarify meeting procedures, improve organization of the agenda and public comment process, correct minor errors, create consistent formatting, and correct scrivener’s errors.
DISCUSSION
The primary impetus for the proposed amendments to the City Council Policy and Procedures Manual is the enactment of SB 707, which was signed into law last fall (2025). SB 707 resulted in significant amendments the Ralph M. Brown Act, intending to diversify and increase public engagement in local government, and to modernize the Brown Act in the face of technological advancements.
In short, as applicable to the City, SB 707 mandates changes relating to “eligible legislative bodies” by requiring two-way remote attendance and disruption proceedings at their meetings (as described more below) and requiring certain outreach efforts. The bill also made generally applicable amendments (that is, for all legislative bodies), including most notably relating to updated teleconference requirements, extending previously adopted social media rules, and special and emergency meeting requirements. The City Clerk’s Office and the City Attorney’s Office have been evaluating the City’s various Brown Act processes in light of these new Brown Act requirements.
With respect to the outreach requirements, the City must make reasonable efforts to invite groups that do not traditionally participate in public meetings to attend those meetings, such as civil-rights, civicengagement, neighborhood, and community-based organizations, particularly those active in or serving 2 of 112
CONSIDERATION OF (1) A RESOLUTION ADOPTING AN AMENDED AND RESTATED CITY
COUNCIL POLICY AND PROCEDURES MANUAL, INCLUDING ADOPTION OF A DISRUPTION POLICY PER SB 707 AND A CITY COUNCIL APPEALS POLICY, AND
AMENDMENTS TO THE CITY COUNCIL MEETING ORGANIZATION POLICY, REMOTE ATTENDANCE POLICY, AND OTHER MINOR ADMINISTRATIVE POLICY CHANGES; (2) SELECTING DATES FOR APPEALS DAYS FOR 2026; AND (3) FINDING SUCH ACTIONS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
March 10, 2026
multilingual or historically marginalized communities. The City Clerk will document the various methods of outreach the City employs to illustrate compliance.
Most significantly for purposes of this agenda item, SB 707 requires “eligible legislative bodies”—which is expressly defined to include certain city councils based on population size of the city or the County in which the city is located—to provide a two-way telephonic or audiovisual platform for remote public participation in meetings beginning July 1, 2026, unless certain limited exceptions apply. Notably, no other Board, Commission, or Committee in the City qualifies as an “eligible legislative body.” The legislation further requires eligible legislative bodies to adopt a written policy describing how the body will respond if the technology used for remote participation experiences a disruption.
Disruption Policy Required by SB 707 (Proposed Policy 1.7) To comply with SB 707, the proposed Policy 1.7, Policy for Disruption of Telephonic or Internet Service During Public Meetings (see Exhibit A to Attachment 1), establishes procedures for responding to interruptions in the remote participation platform used during City Council meetings. The policy defines a “disruption” as a failure or interruption in the remote access services that prevents members of the public from attending or observing the meeting remotely.
Under the proposed policy, if a disruption occurs, the Mayor or City Clerk must announce the disruption and the meeting will generally recess while staff attempt to restore service. The policy provides for a recess of at least one hour while City staff troubleshoot the issue and attempt to restore remote access. During this period, staff may take steps such as resetting equipment, troubleshooting the platform, contacting service providers, or switching to backup systems if available.
If service is restored during the recess period, the meeting may resume as normal. If the disruption cannot be resolved within one hour, the City Council may either adjourn the meeting or continue the meeting after making a legislative finding that the City has made good-faith efforts to restore the service and that the public interest in continuing the meeting outweighs the interest in maintaining remote access. The policy also requires documentation of the disruption and restoration efforts in the meeting minutes.
Proposed Policy 1.7 is intended to ensure compliance with SB 707 while maintaining transparency and continuity of government operations during technology outages.
Related to Changes to the City Council Policy “Establishing Time and Location for Regular Meetings” to Include Remote Participation (Effective July 1, 2026) (Policy 1.3) Policy 1.3 (previously entitled, “Establishing Time and Location for Regular City Council Meetings”) has been updated to reflect SB 707’s requirements that City Council meetings provide a two-way telephonic or audiovisual option for public participation beginning July 1, 2026, subject to the technology being available 3 of 112
CONSIDERATION OF (1) A RESOLUTION ADOPTING AN AMENDED AND RESTATED CITY
COUNCIL POLICY AND PROCEDURES MANUAL, INCLUDING ADOPTION OF A DISRUPTION POLICY PER SB 707 AND A CITY COUNCIL APPEALS POLICY, AND
AMENDMENTS TO THE CITY COUNCIL MEETING ORGANIZATION POLICY, REMOTE ATTENDANCE POLICY, AND OTHER MINOR ADMINISTRATIVE POLICY CHANGES; (2) SELECTING DATES FOR APPEALS DAYS FOR 2026; AND (3) FINDING SUCH ACTIONS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
March 10, 2026