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
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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
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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.
6 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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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 RFP FD-26-001
Goat Grazing Fuel Modification Services 6
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 RFP FD-26-001
Goat Grazing Fuel Modification Services 7
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 RFP FD-26-001
Goat Grazing Fuel Modification Services 8
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 RFP FD-26-001
Goat Grazing Fuel Modification Services 9
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
12 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 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.
14 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 $
15 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 $
16 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 -2- PROFESSIONAL SERVICES AGREEMENT
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 -3- PROFESSIONAL SERVICES AGREEMENT
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 -4- PROFESSIONAL SERVICES AGREEMENT
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 -5- PROFESSIONAL SERVICES AGREEMENT
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 -6- PROFESSIONAL SERVICES AGREEMENT
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 -7- PROFESSIONAL SERVICES AGREEMENT
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 -8- PROFESSIONAL SERVICES AGREEMENT
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
24 -9- PROFESSIONAL SERVICES AGREEMENT
(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 -10- PROFESSIONAL SERVICES AGREEMENT
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 -11- PROFESSIONAL SERVICES AGREEMENT
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 -12- PROFESSIONAL SERVICES AGREEMENT
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
28 -13- PROFESSIONAL SERVICES AGREEMENT
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 -14- PROFESSIONAL SERVICES AGREEMENT
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.
30 -15- PROFESSIONAL SERVICES AGREEMENT
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 -16- PROFESSIONAL SERVICES AGREEMENT
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
32 -17- PROFESSIONAL SERVICES AGREEMENT
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
33 55852.00003\42823523.1
Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"
SCOPE OF SERVICES
[***INSERT SCOPE***]
34 Exhibit “A-I-1” PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A-I"
FEDERAL CONTRACT PROVISIONS
[***INSERT SCOPE IF APPLICABLE***]
35 Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"
SCHEDULE OF SERVICES
[***INSERT SCHEDULE***]
36 Attachment “B” PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "C"
COMPENSATION
[***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***] 37 ATTACHMENT C
38 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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