Laguna Beach City Council
April 14, 2026

1. Amends LBMC § 6.24.030 (Unlawful use of equipment)
The ordinance maintains the existing prohibition on using equipment/devices/materials that are or could be injurious or cause unnecessary cruelty to animals, and it adds clarifying language that:
• “for avoidance of doubt,” the prohibition includes glue traps as defined/prohibited in §

6.24.070; and
• nothing in § 6.24.030 authorizes the sale, placement, setting, or use of glue traps prohibited by § 6.24.070.

The ordinance also updates the “written policy” authority for vermin control to the City Manager or the City Manager or designee.

2. Adds LBMC § 6.24.070 (Sale and Use of Glue Traps Prohibited) The ordinance adds a new section that includes:
• Definitions (including “Animal,” “Glue Trap,” “Person,” and “Sell/Sale”); • Prohibitions on (a) selling/offering/displaying glue traps for sale in the City and (b) setting/placing/using glue traps (or permitting another to do so) to capture or kill any animal in the City; and
• Enforcement authority, including enforcement by peace officers, code enforcement officers, and other persons designated by the City Manager, and authorization for the City Manager to publish written regulations consistent with legal publication requirements.

B. Enforcement and Penalties
The ordinance provides that a violation is enforceable as an infraction and is also subject to the City’s administrative enforcement provisions, each by reference to LBMC § 1.04.025. It also preserves the City’s ability to pursue cumulative remedies and authorizes the City Attorney to seek injunctive or equitable relief where appropriate.

C. Operational Considerations (City Facilities and Community Compliance) City pest management practices already rely on alternatives such as snap traps, live catch-and-release devices, and non-anticoagulant rodenticides, and the City previously prohibited anticoagulant rodenticides on City property in May 2020. The proposed ordinance is not anticipated to significantly disrupt City operations.

FINANCIAL ANALYSIS
No direct fiscal impact is anticipated with adoption of the ordinance. Enforcement would be handled through existing staff/resources and the City’s established enforcement processes.

ENVIRONMENTAL ANALYSIS
As set forth in the proposed ordinance, adoption is not a project under CEQA because it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment (State CEQA Guidelines § 15378, including § 15378(b)(5)); other rodent control methods remain available. In the 2 of 148

FIRST READING OF AN ORDINANCE PROHIBITING THE SALE AND USE OF GLUE TRAPS

IN LAGUNA BEACH
April 14, 2026

alternative, the action is categorically exempt under State CEQA Guidelines § 15308 as an action by a regulatory agency to assure the maintenance, restoration, enhancement, or protection of the environment.

ATTACHMENTS

1. Proposed Ordinance amending LBMC § 6.24.030 and adding LBMC § 6.24.070 (Sale and Use of Glue Traps Prohibited) (Pgs. 4-8)
Submitted By:
.

Approved: .David A Kiff
Jeremy Frimond, Assistant City
Manager
Dave Kiff, City Manager
Report Prepared By: Coordinated With:

Jeremy Frimond, Assistant City Manager Megan Garibaldi, City Attorney 3 of 148
ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAGUNA BEACH, CALIFORNIA, AMENDING SECTION 6.24.030 OF

THE LAGUNA BEACH MUNICIPAL CODE AND ADDING SECTION

6.24.070 TO CHAPTER 6.24 OF THE LAGUNA BEACH MUNICIPAL

CODE RELATING TO THE SALE AND USE OF GLUE TRAPS AND

FINDING THE SAME EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, in accordance with evolving standards of morality, scientific discovery, and human experience, the City Council recognizes the importance of preventing unnecessary suffering by various animals caused by the use and implementation of glue traps; and WHEREAS, it is desirable to the City whenever possible to protect the public health and welfare, including local wildlife, all of which increases the sustainability and quality of life for Laguna Beach residents and visitors; and
WHEREAS, there are more humane way to regulate and address problems and issues caused by unwanted animals in the City; and
WHEREAS, the City Council desires to prohibit the use and sale of glue traps throughout the City.

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH DOES ORDAIN, AS FOLLOWS:

SECTION 1. Findings and Recitals. The above recitals and findings are true and correct and are incorporated herein by this reference as though fully set forth herein.

SECTION 2. Amendment of Section 6.24.030 (Unlawful use of equipment). Section

6.24.030 of the Laguna Beach Municipal Code is hereby amended to read as follows (added language in underline, removed language in strikethrough):

Attachment 1
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-2- Ord. XXXX
§ 6.24.030 Unlawful use of equipment.

It shall be unlawful to use on animals any equipment, device, firearm, substance or material that is, or could be, injurious or cause unnecessary cruelty to any such animal. For avoidance of doubt, this prohibition includes the use of any glue trap as defined and prohibited by Section 6.24.070. This section does not outlaw humane devices or methods for killing vermin, or outlaw the use of firearms by peace officers for such purposes, when authorized by written policy as set forth by the animal services manager City Manager or the City Manager’s designee; provided, however, that nothing in this section shall be construed to authorize the sale, placement, setting, or use of glue traps prohibited by Section 6.24.070.

SECTION 3. Addition of Section 6.24.070 (Sale and Use of Glue Traps Prohibited).

Section 6.24.070 is hereby added to Chapter 6.24 of the Laguna Beach Municipal Code, to read as follows:
§ 6.24.070 Sale and Use of Glue Traps Prohibited.
(a) Definitions. For the purposes of this section, the following words and phrases are defined as follows:
(1) “Animal” shall mean any vertebrate or invertebrate animal, such as rodents, birds, reptiles, and insects.
(2) “Glue Trap” shall mean a device that is designed to, or is capable of being used to, capture any animal by means of an adhesive substance or similar viscid substance.
(3) “Person” includes a natural person, a corporation, a partnership, limited partnership, or other unincorporated association, a general partner of a partnership or limited partnership, a limited liability company, a public entity, a trust, or any other corporate form cognizable under California law.
(4) “Sell” or “sale” shall mean any transfer, exchange, barter, gift, offer for sale or distribute for a commercial purpose in any manner or by any means whatsoever. (b) Prohibitions.
(1) It is unlawful to sell, offer for sale, or display for sale, glue traps within the City of Laguna Beach.
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-3- Ord. XXXX
(2) It is unlawful to set, place, or otherwise use a glue trap, or permit another person to set, place, or use a glue trap, to capture or kill any animal within the City of Laguna Beach.
(c) Enforcement.
(1) Peace officers, code enforcement officers, and other persons designated by the City Manager shall enforce this section. The City Manager may publish written regulations in the manner required by law for the publication of ordinances and may take any and all other actions rational and necessary to enforce this section. (2) In addition to any other remedies available by law and under this Code, a violation of this section is subject to the administrative enforcement provisions of Chapter 1.15 of this Code.
(3) The remedies specified in this section shall be cumulative and the City may resort to any other remedy available at law or in equity and resort to any one remedy shall not cause an election precluding the use of any other remedy with respect to a violation.
(4) The City Attorney may seek injunctive, legal, or other equitable relief to enforce this section.

SECTION 4. Environmental Review. The City Council finds that the adoption of this ordinance is not a project within the meaning of CEQA Guidelines section 15378 because prohibiting the use and sale of glue traps within Laguna Beach has no potential for resulting in direct or indirect physical change in the environment, as other forms of rodent control remain available. Further, the adoption of this ordinance is an organizational and administrative activities of governments that will not result in the physical change in the environment are not considered projects for CEQA purposes and thus is not a project under CEQA Guidelines section 15378 (b)(5).

Finally, and in the alternative, the adoption of this ordinance is exempt under CEQA pursuant to CEQA Guidelines section 15308 as an action it is an action taken by a regulatory agency to assure the maintenance, restoration, enhancement, or protection of the environment. 6 6 of 148
-4- Ord. XXXX
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions might be declared invalid or unconstitutional.

SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code Section 36937.

SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.

ADOPTED this _____ day of ____________, 2026.

Mark Orgill, Mayor

Ann Marie McKay, City Clerk
APPROVED AS TO FORM:
____________
Megan Garibaldi, City Attorney

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I, Ann Marie McKay, City Clerk of the City of Laguna Beach, do hereby certify that the foregoing Ordinance No. XXXX was introduced at a regular meeting of the City Council on _______________, 2026, and was finally adopted at a regular meeting of the City Council of said City held on _______________, 2026, by the following vote:

AYES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSTAIN: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

City Clerk, City of Laguna Beach, CA
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STAFF REPORT
Meeting Date:

April 14, 2026

CONSENT
10 SUBJECT: SECOND AMENDMENT TO TEMPORARY STAFFING PROFESSIONALS, INC.,

AGREEMENT FOR ON CALL TEMPORARY STAFFING SERVICES
RECOMMENDATION: It is recommended that the City Council:

1. Authorize the City Manager to execute a Second Amendment to Agreement No. 25-72 with Temporary Staffing Professionals, Inc., to increase the contract by $150,000 for a revised total not to exceed the amount of $250,000 and extend the term through September 30, 2026; and

2. Find that the action does not constitute a project under the California Environmental Quality Act pursuant to Guidelines Section 15378.

SUMMARY OF THE MATTER
This report recommends that the City Council authorize a Second Amendment to Agreement No. 25-72 with Temporary Staffing Professionals, Inc., (TSP) for on-call temporary staffing services as needed. The amendment would increase the contract amount by $150,000, resulting in a revised not-to-exceed amount of $250,000.

DISCUSSION
The original Agreement No. 25-72 with Temporary Staffing Professionals, Inc., (TSP) was executed within the $100,000 threshold and, therefore, did not require City Council approval, falling under the City Manager’s purchasing authority at the time of award. Since then, the City has continued to rely on these services to address ongoing temporary staffing needs, including coverage for position vacancies and employee leaves of absence. As a result, the contract is now approaching its authorized not-to-exceed amount. The proposed Second Amendment increases the total contract value beyond the $100,000 threshold and extends the term, requiring City Council approval
The second amendment is necessary to ensure there is no disruption in critical staffing support while the City conducts a formal Request for Proposals (RFP) for on-call staffing services. The City has nearly exhausted the current not-to-exceed compensation amount of $100,000. TSP has provided temporary staffing resources to the Finance, Public Works, and Transit & Community Services Departments as vacancies have occurred. As of March 30, 2026, the Finance and Public Works Departments are no longer utilizing temporary staffing services from TSP, however, the Transit & Community Services Department is still utilizing TSP’s services while the recruitment for the related vacant position is on hold pending an assessment of the Transit Division’s operational needs. In addition, another City Department will have a need for temporary staffing services soon when an employee is on an extended leave. This request provides the necessary time to complete a formal solicitation process while ensuring continued support as needs arise.

New State Law: Pursuant to Assembly Bill 339, which requires that affected City labor unions receive at least 45 days’ notice prior to contracting for or amending services within represented job classifications, the City notified Nicole Bovey, President of the Laguna Beach Municipal Employees’ Association, via 1 of 174
SECOND AMENDMENT TO TEMPORARY STAFFING PROFESSIONALS, INC.,

AGREEMENT FOR ON CALL TEMPORARY STAFFING SERVICES
April 14, 2026

email regarding this matter on February 19, 2026. The RFP for on-call staffing services was released on Monday, April 6th.

FINANCIAL ANALYSIS
Funding for temporary staffing services as needed is funded from the salary savings from the vacant positions being temporarily filled.

ENVIRONMENTAL ANALYSIS
The requirements of the California Environmental Quality Act ("CEQA") do not apply to the proposed action as it is not a "project" because there is no substantial evidence to show that the proposed action has the potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (State CEQA Guidelines, section 15378(a). Further, this Ordinance does not qualify as a project pursuant to State CEQA Guidelines, section 15378 (b)(4) and (b)(5) as an amendment to the City’s Financia Guidelines and Budgeting Procedures is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

ATTACHMENTS

1. Second Amendment to Temporary Staffing Professionals, Inc. (Pgs. 3-4)

2. First Amendment to Temporary Staffing Professionals, Inc. (Pgs. 5-7)

3. Temporary Staffing Professionals, Inc. (Pgs. 8-26)
Submitted By: Michelle Bannigan Approved: .David A Kiff Michelle Bannigan, Director of
Administrative Services
Dave Kiff, City Manager
Report Prepared By: Coordinated With:

Eva Pierce, Procurement Officer Patrick Donegan, Assistant City Attorney 2 of 174
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT #25-72

BETWEEN THE

CITY OF LAGUNA BEACH
AND
TEMPORARY STAFFING PROFESSIONALS, INC.

1. Parties and Date.

Amendment No. 2 to the Professional Services Agreement (“Amendment”) is made and entered into this _______ day of April 2026 by and between the City of Laguna Beach (“City”) and TEMPORARY STAFFING PROFESSINOALS, INC. (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Amendment.

2. Recitals.

2.1 City and Consultant entered into that certain Professional Services Agreement dated August 6, 2025, (“Agreement”) Agreement #25-72, whereby Consultant agreed to provide certain accounting and general administrative services under the direct supervision of the City’s Finance Director.

2.2 On December 22, 2025, the City and Consultant executed a First Amendment to revise the scope of work and adjust compensation.

2.3 The City and Consultant now desire to enter into this Second Amendment to modify the compensation under the Agreement and extend the term by three (3) months.

3. Terms.

3.1 Revised Term. The term of the Agreement is hereby extended through September 30, 2026.

3.2 Compensation. The hourly billable rate for the services provided by the City will be approved on a per individual, per project basis, based on the individual assigned to the City’s project. The total not-to-exceed compensation shall increase by one hundred and fifty thousand dollars ($150,000) so that the total amount paid for services rendered by Consultant under the Agreement shall not exceed the sum of two hundred and fifty thousand dollars ($250,000).

3.3 Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment.
3 Attachment 1
3 of 174

3.4 Adequate Consideration. The Parties stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment. Consultant further accepts the terms and conditions of this Amendment as full and final resolution of any and all claims, asserted or otherwise, arising out of or related to the subject of this Amendment and acknowledges that the compensation and/or additional time, if any, set forth herein is adequate and comprises the total compensation and/or time due for the change(s) included in this Amendment.

3.5 Counterparts. This Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the date first herein above written.

CITY OF LAGUNA BEACH TEMPORARY STAFFING
PROFESSIONALS, INC.

By: By:
(Authorized Representative of Consultant)
Printed Name: Dave Kiff Printed Name: Jamie Campagnolo
Title: City Manager Title: Vice President/Managing Director Dated: Dated:

Approved as to Form:

By: _____________________________
City of Attorney
03/24/2026
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5 Attachment 2
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6 6 of 174
7 7 of 174

CITY OF LAGUNA BEACH

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of August, 2025 (the “effective date”), 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 TEMPORARY STAFFING PROFESSIONALS, Inc., a California corporation, with its principal place of business at 17853 Santiago Boulevard, Suite 107-492, Villa Park, California 92861 ("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 accounting 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 accounting services project ("Project") as set forth in this Agreement in Exhibit “A”.

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 accounting 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 the effective date above to no later than June 30, 2026, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this 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, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and 6 8
Attachment 3
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incorporated herein by reference. The total compensation shall not exceed thirty thousand dollars ($75,000) without written approval from 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 "B" 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.

3.3.2 Schedule of Services Refer to Section 3.1.2 of the Agreement.

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 9 9 of 174
one or more 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 will be approved by the Finance Director prior to the start of the project.

3.3.5 City's Representative. The City hereby designates Michelle Bannigan, Finance Director, 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 Jamie Campagnolo, Vice President/Managing Director 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 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.
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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.

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 11 11 of 174
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 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. 12 12 of 174

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: Removed.
(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.

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. 13 13 of 174
(B) Automobile Liability: Removed.
(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 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 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 did not contain 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 14 14 of 174
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
(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.
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(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 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 16 16 of 174
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 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 documents and other information within fifteen (15) days of the request. 17 17 of 174

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 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.
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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: Temporary Staffing Professionals, Inc.
17853 Santiago Boulevard
Suite 107-492
Villa Park, CA 92861
ATTN: Jamie Campagnolo, Vice President/Managing
Director
City: City of Laguna Beach
505 Forest Avenue
Laguna Beach CA 92651
ATTN: Michelle Bannigan, Finance Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 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 19 19 of 174
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 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. 20 20 of 174

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.

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 21 21 of 174
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 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 workdays. 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.

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 22 22 of 174
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.

SIGNATURES ON NEXT PAGE
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EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall provide professional accounting services and general administrative services under direct supervision and at the discretion of the City’s Finance Director. Such services shall include support in the Finance Department’s operations to backfill vacant positions. The specific duties to be performed may fluctuate based on the vacant position being backfilled. Duties that may be assigned, include, but are not limited to the following:
• Provide administrative support (customer service, cashiering, and receptionist duties) at the Finance Department’s public counter.
• Prepares routine journal entries, such as reclassifications of revenues and expenditures. • Monitors and replenishes the City petty cash account. • Performs cashiering duties that may include accepting payments (cash, checks, and credit card payments), issuing parking permits, entering cash receipts into the City’s accounting system, balancing the daily cashiering duties, and preparing the daily bank deposit. • Prepares accounts receivable invoices and sends out past due notices. • Performs accounts payable processing duties such as creating and modifying vendor master file records; audits accounts payable transactions (including employee expense reimbursements and P-Card transactions) for correct accounting and account coding; enters transactions into the accounts payable module; reviews vendor statements and may print vendor checks.
• May assist with procurement duties such as: preparing and entering purchase requisitions into the accounting system, preparing purchase orders, including changes to purchase orders, and assisting with contacting vendors for quotes. • Enters employee timesheets into the City’s payroll module and reviews hours entered for accuracy.
• May assist other department personnel in reconciling accounts payable and accounts receivable as they related to the general ledger.
• Performs related duties as assigned.
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EXHIBIT "B"

COMPENSATION
The hourly billable rate for the services provided to the City will be approved on a per individual, per project basis, based on the individual assigned to the City’s project. 26 26 of 174

STAFF REPORT
Meeting Date:

April 14, 2026

CONSENT
11 SUBJECT: AWARD OF CONTRACT FOR RIGHT-OF-WAY ACQUISITION AND

APPRAISAL SERVICES FOR THE COAST HIGHWAY SIDEWALK GAP
CLOSURES TO ACHIEVE COMPLETE STREETS (CARDINAL TO 7TH)

PROJECT
RECOMMENDATION: It is recommended that the City Council:

1. Authorize the City Manager to execute a professional services agreement with Bender Rosenthal, Inc. (BRI) in the amount of $128,679.61, to provide right-of-way acquisition and appraisal services for the Coast Highway Sidewalk Gap Closures (Cardinal to 7th) Project;

2. Authorize the City Manager to approve future project-related expenses and change orders for unforeseen circumstances in an amount not-to-exceed $12,000; and

3. Find that said actions are not projects pursuant to California Environmental Quality Act Guidelines section 15378(b)(4). Further, these actions are statutorily exempt from the California Environmental Quality Act, pursuant to CEQA Guidelines sections 15060(c)(2) and 15262.

SUMMARY OF THE MATTER
This report recommends that the City Council award a professional services agreement to Bender Rosenthal, Inc. (BRI) in the amount of $128,679.61 to provide right-of-way acquisition and appraisal services for the Coast Highway Sidewalk Gap Closures (Cardinal to 7th) Project and authorize a contingency of $12,000 for unforeseen services. The project has an available budget of $414,840 which is sufficient funding for the proposed services. The project involves installation of sidewalks along the east side of South Coast Highway at Cardinal Drive, West Street, and 5th Avenue to provide continuous pedestrian access and improved public safety. Implementation of these improvements will require permanent easements and temporary construction easements from adjacent property owners.

The requested services include appraisal preparation, appraisal review, right-of-way engineering support, acquisition negotiations, coordination with property owners, preparation of offer packages, and documentation consistent with federal and state requirements, including Caltrans Local Assistance Procedures Manual (LAPM) standards.

The recommended award follows a competitive Request for Proposals (RFP) process. After evaluation of seven proposals, BRI was determined to be the most qualified bidder based on qualifications, scope completeness, and risk mitigation.

DISCUSSION
The City of Laguna Beach is committed to implementing complete streets improvements that enhance pedestrian safety and accessibility along South Coast Highway. Construction of sidewalk gap closures along the east side of South Coast Highway at Cardinal Drive, West Street, and 5th Avenue will require acquisition of permanent and temporary easements from multiple property owners. The project funding 1 of 230

AWARD OF CONTRACT FOR RIGHT-OF-WAY ACQUISITION AND APPRAISAL SERVICES

FOR THE COAST HIGHWAY SIDEWALK GAP CLOSURES TO ACHIEVE COMPLETE STREETS (CARDINAL TO 7TH) PROJECT
April 14, 2026

includes $5,000,000 in federal grant funding; therefore, the property acquisitions must comply with federal Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA) requirements, as well as Caltrans Local Assistance guidelines.

On January 22, 2026, the City issued a formal solicitation for appraisal review and acquisition services for the project. Bids were due on February 26, 2026. Seven bids were received and publicly opened in accordance with City procurement requirements.

Bid Results Summary
Bidder Total Bid
Overland, Pacific & Cutler $105,165.00
Bender Rosenthal, Inc. $128,679.61
Paragon Partners Consultants, Inc. $142,760.00
Epic Land Solutions, Inc. $182,725.14
Clark Land Resources, Inc. $194,515.00
Monument $196,600.00
Hamner, Jewell & Associates $292,068.00
Following review of the submitted bids for responsiveness and responsibility, staff determined that Bender Rosenthal, Inc., was the highest rated firm based on qualifications. In addition, BRI provided the most competitive cost proposal. While the proposed cost of $105,165 by Overland, Pacific & Cutler was lower, it did not include a cost for preparing appraisal reports.

Bender Rosenthal, Inc.:
• Submitted a complete and responsive bid consistent with the solicitation requirements; • Included required appraisal services within the total cost proposal; • Demonstrated experience providing right-of-way acquisition and appraisal review services for public agencies;
• Provided pricing that is fair and reasonable for the required scope of work.

The firm’s qualifications and experience in federally funded right-of-way projects will support timely completion of acquisition activities and compliance with Uniform Act and Caltrans requirements necessary for federal construction authorization.

Therefore, staff recommends that a professional services agreement be awarded to Bender Rosenthal, Inc. in the amount of $128,679.61. (Attachment 1). It is also recommended that the City Council authorize the City Manager to approve project-related expenses for unforeseen circumstances or additional services in an amount not-to-exceed $12,000.
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AWARD OF CONTRACT FOR RIGHT-OF-WAY ACQUISITION AND APPRAISAL SERVICES

FOR THE COAST HIGHWAY SIDEWALK GAP CLOSURES TO ACHIEVE COMPLETE STREETS (CARDINAL TO 7TH) PROJECT
April 14, 2026

FINANCIAL ANALYSIS
The right-of-way and appraisal services will be funded through local project funds allocated for the design and pre-construction phase. The proposed contract amount of $128,679.61 plus a contingency of $12,000, for a total authorization of $140,679.61, is within the approved project (CIP No. C1705) budget and consistent with the overall financial plan for delivery of the federally funded project.

ENVIRONMENTAL ANALYSIS
The recommended action is exempt from environmental review pursuant to CEQA because it is not a “project” as defined in CEQA Guidelines section 15378(b)(4), which excludes government fiscal activities that do not involve commitment to a specific construction project.

Execution of a professional services agreement for right-of-way and appraisal services does not authorize construction and will not result in any direct or indirect physical environmental impact.

Moreover, if considered a “project” under CEQA, the action is exempt pursuant to Guidelines sections 15060(c)(2) and 15262, as it constitutes planning and feasibility services for a potential future action that has not yet been approved. Environmental analysis for the construction phase will be prepared separately as part of the design consultant’s scope

ATTACHMENTS

1. Professional Services Agreement with Attached Scope and Fee (Pgs. 4-55)

2. Location Map (Pg. 56)
Submitted By: Mark McAvoy Approved: .David A Kiff
Mark McAvoy, Director of Public
Works & Utilities
Dave Kiff, City Manager
Report Prepared By: Coordinated With:

Joshua McDonald, Associate Civil Engineer Thomas Perez, City Engineer 3 of 230
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CITY OF LAGUNA BEACH

PROFESSIONAL SERVICES AGREEMENT FOR RIGHT-OF-WAY ACQUISITION AND

APPRAISAL SERVICES FOR THE COAST HIGHWAY SIDEWALK GAP CLOSURES TO ACHIEVE COMPLETE STREETS (CARDINAL TO 7TH) PROJECT

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 Bender Rosenthal, Inc., a Disadvantaged Business Enterprise (DBE), with its principal place of business at 2825 Watt Ave. Suite 200, Sacramento CA 95821 ("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 right-of-way acquisition and appraisal 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 Coast Highway Sidewalk Gap Closures to Achieve Complete Streets (Cardinal to 7th) 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 right-of-way acquisition and appraisal 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.

Attachment 1
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3.1.2 Term. The term of this Agreement shall be twenty-four (24) months from the date of final execution, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this 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 One Hundred Twenty-Eight Thousand Six Hundred Seventy-Nine Dollars and Sixty-One Cents ($128,679.61) 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. 5 5 of 230
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Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 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 "A" 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:

Renee Baur, Chief Executive Officer.

3.3.5 City's Representative. The City hereby designates Josh McDonald, Associate Civil Engineer, or his 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 Renee Baur, Chief Executive Officer, 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 6 6 of 230
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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 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 Exhibit “A” 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. 7 7 of 230
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3.3.10 Laws and Regulations; Employee/Labor Certification.

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.
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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 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 9 9 of 230
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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.

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.
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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 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 11 11 of 230
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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
(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 12 12 of 230
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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 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.
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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 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.
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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 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: Bender Rosenthal, Inc.
2825 Watt Ave. Suite 200
Sacramento CA 95821
ATTN: Renee Baur, Chief Executive Officer
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City: City of Laguna Beach
505 Forest Avenue
Laguna Beach CA 92651
ATTN: Josh McDonald, Associate Civil Engineer
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 16 16 of 230
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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 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. 17 17 of 230
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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.

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.
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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.

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.

SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF LAGUNA BEACH AND
BENDER ROSENTHAL, INC.

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 BENDER ROSENTHAL, INC.
[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
20 David Wraa
Vice President
Renee Baur
Treasurer
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Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"

SCOPE AND SCHEDULE OF SERVICES
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Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "C"

COMPENSATION
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Note: Mark-Ups are Not Allowed
Consultant: BENDER ROSENTHAL, INC.

Project No. PW-2026-012 Contract No. TBD Date
Project Name

DIRECT LABOR
Classification/Title Name Hours Actual Hr Rate Total
Project Manager Renee Baur 14 $ 120.19 $ 1,682.66
Assistant Project Manager Rebekah Green 40 $ 72.24 $ 2,889.60 Senior Administrative Support Staff - TBD 6 $ 51.60 $ 309.60 Administrative Support Staff - TBD 10 $ 24.00 $ 240.00
70 LABOR COSTS
a) Subtotal Direct Labor Costs $ 5,121.86
b) Anticipated Salary Increases $0.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 5,121.86

INDIRECT COSTS
d) Fringe Benefits (Rate: 38.76% ) c) Total Fringe Benefits [(c) x (d)] $ 1,985.23 f) Overhead (Rate: 27.09% ) g) Overhead [(c) x (f)] $ 1,387.51 h) General and Admin (Rate: 57.85% ) i) Gen & Admin [(c) x (h)] $ 2,963.00 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 6,335.74
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10% ] $ 1,145.76 l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
Appraisals - Based on Larger Parcels 12 Each $ 4,500.00 $ 54,000.00 Acquisition - Per Ownership (Excluding City Parcel) 8 Each $ 4,000.00 $ 32,000.00 Preliminary Title Reports - Per Parcel 14 Each $ 800.00 $ 11,200.00 Caltrans Right of Way Certification 1 Each $ 2,500.00 $ 2,500.00 Mileage/Travel 850 Miles $ 0.725 $ 616.25
Shipping 16 Package $ 60.00 $ 960.00
Notary 16 Each $ 100.00 $ 1,600.00
i) TOTAL OTHER DIRECT COSTS $ 102,876.25
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Independent Appraisal Review (12 @ $1,200 Each) $ 13,200.00 m) TOTAL SUBCONSULTANTS' COSTS $ 13,200.00
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 116,076.25 TOTAL COST [(c) + (j) + (k) + (n)] $ 128,679.61
NOTES:

3. Anticipated salary increases calculation (page 2) must accompany.

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.

Description of Item
EXHIBIT 10-H COST PROPOSAL

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
February 26, 2026
Range
$62.00 - $75.00
$55.00 - $100.00
$20.00 - $40.00
$35.00 - $65.00

COAST HIGHWAY SIDEWALK GAP CLOSURES TO ACHIEVE COMPLETE STREETS PROJECT Prime Consultant Subconsultant 2nd Tier Subconsultant

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Direct Labor Total Hours per Avg 5 Year
Subtotal per Cost Cost Proposal Hourly Contract
Proposal Rate Duration
= $73.17 Year 1 Avg
Hourly Rate
Avg Hourly Rate Proposed Escalation
Year 1 + 3.0% = $75.36 Year 2 Avg Hourly Rate
Year 2 + 3.0% = $77.63 Year 3 Avg Hourly Rate
Year 3 + 3.0% = $79.95 Year 4 Avg Hourly Rate
Year 4 + 3.0% = $82.35 Year 5 Avg Hourly Rate
Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year
Year 1 * 70 = 70 Estimated Hours Year 1
Year 2 * 70 = 0 Estimated Hours Year 2
Year 3 * 70 = 0 Estimated Hours Year 3
Year 4 * 70 = 0 Estimated Hours Year 4
Year 5 * 70 = 0 Estimated Hours Year 5
Total Total = 70
Avg Hourly Rate Estimated hours
(Calculated above) (Calculated Above)
Year 1 * 70 = Estimated Hours Year 1
Year 2 * 0 = Estimated Hours Year 2
Year 3 * 0 = Estimated Hours Year 3
Year 4 * 0 = Estimated Hours Year 4
Year 5 * 0 = Estimated Hours Year 5
Total Direct Labor Cost with Escalation =
Direct Labor Subtotal before Escalation =
Estimated total of Direct Labor Salary Increase = Transfer to Page 1 NOTES:

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided.

EXHIBIT 10-H COST PROPOSAL

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) $5,121.86 70

1. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) $73.17
$75.36
$77.63
$79.95

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) 100.0%

0.0%

0.0%

0.0%

0.0%
100.0%

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Cost Per
Year
$5,121.86
$0.00

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) $79.95 $0.00
$82.35 $0.00
$5,121.86
$73.17 $5,121.86
$75.36 $0.00
$77.63 $0.00

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1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Prime Consultant or Subconsultant Certifying:

Name**: Title**:

Signature: Date of Certification (mm/dd/yyyy):

Email**: Phone Number:

Address: 2825 Watt Ave. Suite 200, Sacramento CA 95821
List services the consultant is providing under the proposed contract:

Right of Way Services
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).

Renee Baur Chief Executive Officer
[email protected] (916) 978-4900
23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. 2/26/2026
EXHIBIT 10-H COST PROPOSAL
Certification of Direct Costs:

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PUBLIC WORKS DEPARTMENT

CITY OF LAGUNA BEACH
CIT Y

OF L AGUN A
B E
A
C
H

C A L I F O R N I A

HOME O F TH E F ESTI VA L O F A RTS
AND

PAGEANT OF THE MASTERS
I N C O R P O R A T E D 1 9 2 9 Coast Hwy Sidewalk Gap Closure Location Map
NORTH
Location 1: Cardinal Way
to Terry Road
Location 2: West Street
to Catalina Avenue
Location 3: 5th Avenue
to 31844 Coast Hy
Attachment 2
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STAFF REPORT
Meeting Date:

April 14, 2026

CONSENT
12 SUBJECT: SERVICE PROVIDER AGREEMENT WITH COMMUNITY COUNTERPART

SERVICES FOR VIEW PRESERVATION, VIEW RESTORATION AND HEDGE

HEIGHT CLAIM PROGRAM IMPLEMENTATION SERVICES
RECOMMENDATION: It is recommended that the City Council:

1. Authorize the City Manager to execute an Agreement with Community Counterpart Services for a not-to-exceed amount of $150,000 per fiscal year for a three (3) year and two (2) month term; and

2. Find that the action is not a “project” under the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines.

SUMMARY OF THE MATTER
This report recommends that the City Council authorize an agreement with Community Counterpart Services (“CCS”) (Attachment 1) for $150,000 per fiscal year for a three (3) year and two (2) month term to provide view preservation, view restoration and hedge height claim services. This agreement follows the completion of CCS Agreement #25-24 in May 2026 and will allow the City to continue receiving view preservation, view restoration and hedge height claim services while ensuring the availability of funding to support ongoing program needs. Sufficient funds will be included in the annual budget appropriations for each fiscal year of the extended term.

DISCUSSION
The City administers view preservation, view restoration, and hedge height programs to establish and maintain protected views and ensure compliance with Title 12 of the City’s Municipal Code (Trees and Vegetation) and other applicable regulations. These services involve processing view preservation applications, administering and evaluating view restoration and hedge height claims, and conducting site inspections on private properties to assess potential view obstructions and verify compliance with established City standards.

On February 12, 2025, the City issued a Request for Statements of Qualifications (RFQ) for view preservation, view restoration, and hedge height services. Community Counterpart Services was selected and entered into Agreement #25-24 (Attachment 2) with the City for an amount not to exceed $75,000 for a one-year term ending on May 6, 2026. The consultant has demonstrated the consistent ability to respond to requests in a timely manner and perform work consistent with the City’s operational needs and Laguna Beach Municipal Code. Further, due to the consultant’s continued work for the City in the fields of view preservation, view restoration, and hedge height, the consultant has developed a familiarity with best practices and developed professional relationships with the various stakeholders and decision-makers in the City’s processes. Thus, even if the services were not competitively bid in 2025, CCS’s demonstrated work product, familiarity with the City’s Municipal Code, programs, and processes, and increase in applications and cases, staff would still recommend awarding the contract per Laguna Beach Municipal Code sections

2.30.050 (a) and/or (g) (No Competitive Advantage and/or Best Interest of City). The City does not believe that going out for another competitive bid process would produce an equal or better consultant at a better 1 of 409

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price due to the learning curve necessary. Further, CCS has performed satisfactorily, and City staff are confident in the efficacy of this agreement.

The proposed Agreement authorizes an amount not to exceed $150,000 per fiscal year for a three (3) year term and two (2) month term from April 2026 through June 2029. The increased appropriation will ensure that adequate funding is available to support the anticipated level of services and demand. This adjustment also provides flexibility to address potential increases in service utilization or program needs during the contract period. The proposed contract start date ensures continuity of services by allowing reimbursement for ongoing work associated with the currently pending caseload, while the June 2029 end date will align with other Community Development Department consultant agreements, which simplifies contract administration and future procurement processes.

Over the past six years, the City has experienced an increase in cases requiring inspections, preparation of staff reports, impact analyses and case presentations at public hearings for the View Restoration Committee.

For example, view preservation applications have more than doubled, increasing from 32 applications in 2019 to 69 applications in 2025. Staffing shortages within the Community Development Department have limited the City’s ability to address these cases solely with in-house resources. As a result, staff have relied on the services of CCS to assist with view preservation, view restoration, and hedge height claim applications associated with the program. Importantly, the City had previously employed a full-time Associate Planner whose responsibilities were largely dedicated to administering the City’s view preservation, view restoration, and hedge height claim processes. After that employee departed, responsibility for those functions shifted to CCS, with City staff involvement generally limited to narrower administrative support tasks. Additionally, the gap between the employee’s departure and the City’s procurement of CCS contributed to a backlog of applications and increased the cost of consultant services to manage the workload.

The proposed agreement is not an amendment to Agreement No. 25-24, but instead establishes a new contract. This approach was taken to ensure the as-needed contract aligns with the fiscal year, consistent with all other Community Development projects. The original Agreement No. 25-24 was procured through a competitive Request for Qualifications process and included multiple options for extension. However, based on administrative preference, Community Development has elected to create a new agreement rather than amend the existing one. This change is intended to better align the contract cycle with the department’s other as-needed contracts.

FINANCIAL ANALYSIS
The proposed Agreement authorizes an amount not to exceed $150,000 per fiscal year for a three (3) year and two (2) month term, for a total potential contract amount of $450,000 over the duration of the agreement.

Funding for these services is included in the Community Development Department’s annual operating budget - Planning Contractual Services is 110-41-4106-10-000-55036. Expenditures will occur on an asneeded basis and will be supported through existing appropriations allocated for view-related programs. No 2 of 409

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additional appropriations are requested at this time. This additional funding is expected to cover the cost of planning services through June 2029.

ALIGNMENT WITH CITY COUNCIL GOALS AND PRIORITIES
The proposed Agreement supports the City Council’s strategic priorities by preserving and restoring private views throughout the City. By authorizing a contract agreement with CCS, the City ensures that planning services continue without interruption despite increased project demand. Additionally, utilizing an experienced service provider ensures efficient program implementation and responsible management of public resources while allowing the City to respond effectively to increased program demand.

ENVIRONMENTAL ANALYSIS
This action is not subject to the California Environmental Quality Act ("Public Resources Code Section 21000 et seq.) ("CEQA") because it does not qualify as a "project" under CEQA. The State CEQA Guidelines provide that "[a]n activity is not subject to CEQA if ... The activity is not a project as defined in Section 15378." (State CEQA Guidelines, § 15060(c).) Section 15378 defines a project as an activity that "has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment." (State CEQA Guidelines, §15378(a).) Here, the action does not qualify as a "project" as defined in State CEQA Guidelines section 15378 because the action is to authorize a new agreement for consultant planning services to support the ongoing implementation of existing Municipal Code regulations, which will not result in any reasonably foreseeable impacts.

ATTACHMENTS

1. CCS Service Provider Agreement (Pgs. 4-44)

2. Agreement #25-24 (Pgs. 45-93)
Submitted By: Matthew Schneider Approved: .David A Kiff Matthew Schneider, Director of
Community Development
Dave Kiff, City Manager
Report Prepared By: Coordinated With:

Erin Fabian, Administrative Analyst Wendy Jung, Principal Planner Anthony Viera, Deputy Director of Community
Development
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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 Community Counterpart Services, a California corporation. For purposes of notice under this Agreement, CCS may be contacted via email at [email protected]. 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 planning 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 view preservation, view restoration, and hedge height claims ("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 services for view preservation, view restoration, and hedge height claims 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 April 30, 2026 to June 30, 2029 unless terminated earlier as provided herein. The City shall have the unilateral option, at its Attachment 1
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sole discretion, to renew this Agreement automatically for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 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 "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed one-hundred and fifty-thousand dollars per fiscal year ($150,000) 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. Failure to submit an invoice within ninety (90) days of any service(s) or good(s) provided shall constitute an absolute waiver of any right to payment for such service(s) and/or good(s), and City shall have no obligation to review, process, or pay any invoice submitted after the expiration of the ninety (90) day period.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "B" 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 5 5 of 409
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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.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner.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: Arlen Beck, Senior Planner; Ron Stange, Assistant Planner; and Alexandra Weir, Assistant Planner.

3.3.5 City's Representative. The City hereby designates Wendy Jung, Principal Planner or 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 John Ciampa, Chief Executive Officer or his 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.
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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 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 Project milestones described in Exhibits “A” or 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 7 7 of 409
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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.

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 8 8 of 409
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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 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. 9 9 of 409
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(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.

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 10 10 of 409
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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 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.
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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
(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.
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(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 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.
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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 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, 14 14 of 409
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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 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 15 15 of 409
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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: Community Counterpart Services
[email protected]
ATTN: John Ciampa, CEO
City: City of Laguna Beach
505 Forest Avenue
Laguna Beach CA 92651
ATTN: Wendy Jung, Principal Planner
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. 16 16 of 409
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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 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. 17 17 of 409
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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.

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. 18 18 of 409
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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.

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. 19 19 of 409
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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.

SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF LAGUNA BEACH AND

COMMUNITY COUNTERPART SERVICES
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 COMMUNITY COUNTERPART SERVICES
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Dave Kiff
City Manager
Approved as to Form:
_____________________________________
Megan Garibaldi
City Attorney
Attested By:

Ann Marie McKay
City Clerk
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55852.00003\42823523.1
Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"

SCOPE OF SERVICES
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CCS Proposal for View Preservation, View Restoration, and Hedge Height Claim Contract Services
I. Introduction & Background
Community Counterpart Services (CCS) is pleased to submit this proposal to assist the City of Laguna Beach for View Preservation, View Restoration, and Hedge Height Claims. Our firm has extensive experience in municipal planning services, specializing in coastal regulations, community development, and land use policy.

Through past contract work with the City of Laguna Beach, CCS recognizes the importance of preserving outward views and sunlight while balancing the benefits of trees and vegetation. The Hedge Height Claim, View Preservation, and Restoration Ordinances (LBMC Chapters 12.14 and 12.16) provide a process for property owners to protect their views and address significant view impairments.

CCS will apply its expertise to efficiently manage applications and mediation efforts while ensuring compliance with the Municipal Code and providing excellent customer service.

CCS is a recognized leader in coastal planning, specializing in coastal development, view assessment and preservation. With over 30 years combined experience, CCS has successfully processed several complex view-related applications, conducted comprehensive visual impact analyses, and facilitated dispute resolution between property owners.

Our team includes Principal John Ciampa and Project Managers Arlen Beck, and Alex Weir have firsthand experience working in the City of Laguna Beach, having served consulting roles for over five years with the last year directly assisting the City in all View Preservation applications, View Restoration Claims, and Hedge Height Claims. This experience gives CCS knowledge of the City’s permitting processes, Municipal Code, and administrative systems. CCS has developed a strong working relationship with City staff ensuring projects comply with Laguna Beach’s stringent zoning and coastal policies. Our expertise in balancing view preservation with development rights, environmental considerations, and community expectations makes CCS uniquely suited to support the City in processing View Preservation, View Restoration, and Hedge Height Claim applications efficiently and equitably.
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II. Team Composition
CCS will assign a dedicated team to oversee View Preservation. View Restoration, and Hedge Height Claims. Resumes of all staff are provided as Attachment 1.

Principal
John Ciampa, CCS CEO, will be the principal in charge and ensure all necessary coordination between CCS staff, City personnel, applicants, and neighbors. Mr.

Ciampa’s experience working on complex projects with view sensitivity at the cities of San Clemente, Dana Point, Laguna Beach, Newport Beach, and with the California Coastal Commission provides him extensive experience to oversee and guide the review process with not only the view assessment and documentation but also the mediation and conflict resolution to process applications.

Project Managers
Senior Planner, Arlen Beck will serve as the Project Manager, supporting and overseeing View Preservation and Restoration and Hedge Height Claims to ensure full compliance with the City of Laguna Beach’s Municipal Code. With two years of direct experience as an Associate Planner for Laguna Beach and an additional two years as a consultant planner assisting the City, Mr. Beck has developed comprehensive expertise in the City’s unique zoning code, complex regulatory framework, and the intricacies of its View Preservation, View Restoration, and Hedge Height Clam applications.

His firsthand experience collaborating with City staff, residents, and decisionmaking bodies has provided him with a deep understanding of Laguna Beach’s commitment to view protection and the community expectations for view preservation. His skills include:
• Mediation between property owners and vegetation owners to facilitate voluntary agreements and minimize disputes.
• Public hearing preparation and case presentation for the Design Review Board, Planning Commission, and City Council.
• Technical assessments of view impairment, evaluating building placement, vegetation growth at maturity, and site-specific visual impact analyses.

Mr. Beck’s proven ability to interpret and apply Laguna Beach’s highly specific zoning regulations, combined with his strong stakeholder engagement and mediation skills, make him exceptionally qualified to oversee View Preservation, View Restoration, and Hedge Height Claims. His experience processing several 24 24 of 409
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View Restoration claims over the last year will ensure that applications are processed efficiently, equitably, and in alignment with the City’s longstanding commitment to maintaining private views.

Assistant Planner Alex Weir brings expertise in municipal planning, regulatory compliance, and environmental analysis, making her a strong asset to assist with the contract. As an Assistant Planner with CCS, Ms. Weir has assisted with the facilitation of View Preservation, View Restoration Claims, and Hedge Height Claims since December 2025. She also has experience in development review, staff report preparation, and customer services, ensuring efficient and transparent processing of applications. Her Master of Urban and Regional Planning from the University of New Orleans, enhances her ability to assess view impacts and regulatory compliance.

Supportive Staff
Ron Stange
Assistant Planner Ron Stange has been bringing extensive, hands-on experience since June 2025, supporting the City of Laguna Beach with the administration and processing of View Preservation applications. He has coordinated closely with applicants to ensure complete and accurate submittals, facilitated communication between property owners, scheduled and conducted site visits, and prepared and finalized View Preservation Record of Views in accordance with City requirements.

His thorough understanding of the City’s View Preservation process, attention to detail, and strong customer service orientation enable him to effectively support property owners. In addition, Mr. Stange is experienced in assisting with Hedge Height Claim applications pursuant to Chapter 12.14 of the Municipal Code, including intake review, coordination of noticing requirements, scheduling site visits, and preparation of staff documentation to aid in the Hedge Height Claim process for the City.

III. Experience & Qualifications
CCS has extensive experience assessing projects and views to ensure compliance with local regulatory frameworks, including Zoning Codes, General Plans, and Local Coastal Programs. Our firm has worked closely with coastal cities to ensure development aligns with municipal planning goals while preserving community character and scenic views. Our expertise spans mediation, regulatory compliance, policy development, and coordination with city Planning Divisions and the California Coastal Commission, ensuring an equitable balance between property rights and community-wide scenic preservation. As previously stated, 25 25 of 409
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CCS staff has assisted the City of Laguna Beach for the last year with the implementation of its View Preservation, View Restoration, and Hedge Height Claims.

Below is a summary of relevant projects successfully managed by CCS, demonstrating our expertise in View Preservation, View Restoration, and Hedge Height Claims, the same services CCS would provide in support of the City of Laguna Beach’s view protection program.

Example #1
Project: Hanson Hotel
Project Manager: John Ciampa
Description, Scope, Key Outcomes: Three-story 61 room hotel and restaurant located adjacent to a public view corridor on a curved, downward sloping street.

Building placement, height, location and type of landscaping, were included in the view analysis to evaluate view impacts to the major scenic corridor. The project required coordination and review by the City staff, Design Review Subcommittee, Planning Commission, and several meetings with California Coastal Commission staff including one on-site meeting to assess possible view impacts from the project. The project is in the final stages of review and is expected to go to hearing in July 2025.

Project Timeline and Budget: Ten months for the view assessment of the project.

February 5, 2023 to March 1, 2023 staff review the project design for consistency with and General Plan and Coastal Land Use Plan policy analysis related to views, April 7, 2023 architectural and view assessment by the City’s Design Review Subcommittee, April 28, 2023 to May 15, 2023 coordination and assistance to the applicant to compile policy analysis and information package to the CCC. June 4, 2023to January 6, 2024, coordination with CCC staff including virtual and on-site meetings to assess the project’s potential impacts on the Major Scenic View Corridor.

Project Duration and Cost: View Assessment portion of project ten months with a cost of $3,750.

Contact: Adam Atamian, Director of Community Development for the City of San Clemente, phone: (949)361-6196, email: [email protected] Example #2
Project: City of San Clemente Coastal Land Use Plan
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Project Manager: John Ciampa
Description, Scope, Key Outcomes: Comprehensive update to the LUP including Chapter 6: Visual, Historic and Cultural Resources which include the establishment of new and the refinement of existing City Gateways, Scenic View Corridors (major urban and Minor View Corridors). A new addition to the Land Use Plan incorporated policies VIS-2, VIS-6, and VIS12 which express interest in preserving coastal views and avoiding the installation of landscaping and continued maintenance of landscaping to impact ocean views. These new policies required close coordination with City staff, Planning Commission, and community stakeholders to avoid conflicts.

Project Timeline and Budget: Comprehensive Land Use Plan update three years. Policy development for landscape and view analysis – December 2014 to August 2015 (inclusive of policy development and public hearings for adoption of the LUP). No budget (employed by the City of San Clemente at the time).

Project Duration and Cost: City staff time (employed by the City of San Clemente at the time) Estimated cost of landscape and view corridor policy development assessed at $3,500 including research, draft policies, coordination with City departments and CCC, and staff reports.

Contact: Adam Atamian, Director of Community Development for the City of San Clemente, phone: (949)361-6196, email: [email protected] Example #3
Project: Wholfarth Residence, 101 Calle Seguro San Clemente, CA 92672 Project Manager: John Ciampa
Description: Historic property proposed to plant Ficus trees as a hedge on the up slope to provide privacy but would result in blocking the majority of the neighbor’s 120-degree ocean view. While San Clemente does not have a view preservation ordinance, the City had the ability to review the application because improvements were proposed to a historic property. The relationship between the neighboring property owners was extremely contentious and their attorneys were involved in the matter. Mr. Ciampa coordinated and mediated meetings with each owner to discuss the issues. Mr. Ciampa also discussed with the offending property owner their goals for the landscape project to assess if alternatives could be achieved to mitigate the impacts. Ultimately staff was able to mediate the conflict successfully with the installation of a fence at the top of the slope to provide privacy for the downslope neighbor and preserved the ocean views.
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Timeline and budget: February 2016 to July 2016, including research, site visits, mediation meetings, emails, coordination with Community Development Director, and staff report. No budget (employed by the City of San Clemente at the time) no budget.

Duration and Cost: City staff time (employed by the City of San Clemente at the time) Estimated cost of landscape policy development assessed at $2,000 including research, site visits, mediation meetings, emails, coordination with Community Development Director, and staff report.

Contact: Adam Atamian, Director of Community Development for the City of San Clemente, phone: (949)361-6196, email: [email protected] and Bernie Wholfarth, 101 Calle Seguro San Clemente, CA 92672, phone: (949)933-8542 and contact details of the client, including a contact person.

Example #4
Project: New Residence, 2285 Crestview Drive
Project Manager: Arlen Beck
Description: This project involved the demolition of an existing single-family residence and the construction of a new 2,626-square-foot single-family home with an attached two-car garage and elevated decks. A neighboring property owner to the south expressed concerns that the proposed development would impact their existing ocean views. In response, we facilitated discussions between the project architect and the concerned neighbor, working collaboratively to address the issue.

Through strategic design modifications, minor adjustments were made to the home’s layout to mitigate view obstruction. Ultimately, the Design Review Board determined that the project achieved view equity, balancing the property owner's development rights with the preservation of scenic views for adjacent neighbors.

Timeline and budget: Approximately five months, March to July 2023. No budget (employed by the City of Laguna Beach at the time).

Duration and Cost: Three months, no cost (employed by the City of Laguna Beach at the time)
Contact: Matt Schneider, Director of Community Development, City of Laguna Beach, Phone: (949) 497-0318, Email: [email protected] Additional General Experience for other Municipalities
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Town of Hillsborough – Located just outside San Francisco, the Town of Hillsborough places a high priority on both views and privacy for its residents.

Principal John Ciampa has extensive experience processing Landscape and Architectural Permits for the Town, ensuring that proposed developments comply with the Town’s Zoning Code, which includes strong protections for trees and scenic views. Given the community’s active engagement in view-related concerns, staff regularly facilitate discussions between applicants and neighboring property owners to address potential view obstructions, privacy considerations, and tree preservation issues. Through mediation and collaborative problem-solving, CCS has successfully resolved disputes and mitigated impacts, helping to prevent unnecessary appeals to the Town’s Council while ensuring equitable outcomes for all parties involved. Contact: Liz Ruess, Assistant Director of Building and Planning, email: [email protected].

IV. Core Competencies and Services
CCS will provide the City of Laguna Beach with comprehensive professional planning services to implement and administer View Preservation, View Restoration, and Hedge Height Claims. Below is a summary of the core services CCS will provide for each application type.

1. View Preservation
o Coordinate and schedule Record of View photographs with applicants.
o Develop Record of View documents including cover letter, site visit checklist, photographs and view descriptions, and public notice requirements.
o Coordinate with staff to post the documents to the City’s website, save the documents to the City’s records, and provide copies to the applicants.

2. View Restoration Claims
o Review and evaluate applications for View Restoration claims. o Conduct evaluations of view impairment due to vegetation growth applying criteria for significant view impairment based on the LBMC Chapters 12.16.030.
o Utilize historical data, photographic records, and site visits to evaluate pre-existing views and assess claims.
o Facilitate and schedule mediation between Claimants and Vegetation Owners as part of the formal dispute resolution process. o Coordination with the City Mediator to draft agreements and exhibits that outline restorative actions and long-term vegetation maintenance plans.
o Draft public notices, staff reports, resolutions and attachments for public hearings with the View Restoration Committee.
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o Present claims before the View Restoration Committee. o Coordinate with Claimants and Vegetation owners for the initial remediation and annually on View Restoration Orders to ensure vegetation adheres to approved trimming criteria and maintenance schedules.

3. Hedge Height Claims
o Assist in the review and evaluation of applications for Hedge Height Claims.
o Conduct evaluations of view obstructions, safety hazard, or loss of sunlight due to vegetation.
o Utilize historical data, photographic records, and conduct site visits to assess pre-existing views to evaluate claims.
o Coordinate with arborists, landscape professionals, and the Planning Division, as needed, to develop compliance solutions.
o Draft public notices, staff reports and attachments and present the claims to the Director of Community Development, or designee, to evaluate claims at a public hearing.
o Finalize Hedge Height Claim determinations, trimming requirements and maintenance schedules for final record documents.
o Coordinate with Vegetation Owners on the necessary trimming requirements and mandated timelines for remediation.

4. Coordination with City Departments
o Collaborate with City Planning and Code Enforcement Divisions, and property owners to respond to inquiries, assess claims (past and pending), and coordinate annual trimming requirements of Hedge Height Claims and View Restoration Orders.
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V. Project Budget Estimate
The following Project Budget Estimate provides an itemized breakdown of costs for View Preservation, View Restoration, and Hedge Height Claim applications, based on the required review process outlined in LBMC Chapters 12.14 and 12.16.

The estimated time allocated per task reflects the standard review process, including pre-application meetings, site visits, mediation efforts, public hearing preparation, and compliance enforcement. However, due to the complexity of individual applications, some projects may require more or less time than estimated.

Table 1: View Preservation Budget Estimate
Tasks Cost ($)
Application review and coordinate with the applicant to schedule an appointment to take photographs (1 hr @
$125)
$125
Research property and prepare information for the site
visit (1 hr @ $125) $125
Site visit (1.5 hrs @ $125) $187.50
Coordination with applicant (0.5 hr @ $125) $62.5
Develop Record of View documents (3.5 hrs @ $125) $437.50 Develop notification (.75 hr @ $125) $93.75
Review final Record of View (.75 hr @ $155) $116.25
Circulate Record of View and save to City files (.75 hr @ $125) $93.75
Total Cost $1,241
Table 2: View Restoration Budget Estimate
Tasks Cost ($)
Application review (1 hr @ $155) $155
Research claim and involved properties (1 hr @ $150) $150 Coordination with the Claimant and Vegetation Owners
(1 hr @ $155) $155
Site Visits to Vegetation Owner’s and Claimant’s
properties for view assessment and claim evaluation (3
hrs @ $150)
$450
Coordinate and send letters for scheduled mediation (1
hr @ $150) $150
Mediation (2 hrs @ $150) $300
Coordination with Vegetation Owner and Claimant post
mediation (1 hr @ $155) $155
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Draft VRC notice, report, resolution, and attachments (7 hrs @ $150) $1,050
Review final hearing documents and prepare VRC
presentation (2 hrs @ 155) $310
Present the claim to the VRC (2.5 hrs @ 155) $387.50
Finalize the View Restoration Order (1.5 hrs @ 155) $232.50 Coordination with Vegetation Owner and Claimant on
trimming estimates, insurance review, trimming deposit, trimming schedule, and inspection of final trimming for compliance (3 hrs @ 155)
$465
Total Cost $3,960
Table 3: Hedge Height Claims Budget Estimate
Tasks Cost ($)
Application review (1 hr @ $155) $155
Research claim and involved properties (1 hr @ $150) $150 Coordination with Claimant and Vegetation Owner (1 hr
@ $155) $155
Site visits to Claimant’s and the Vegetation Owner’s
properties (3 hrs @ $150) $450
View assessment and evaluation (1 hr @ $150) $150
Coordinate hearing with City staff, Claimant, and
Vegetation Owner (1 hr @ $155) $155
Project notification and send letters to the Claimant, and Vegetation Owner (1 hr @ $150) $150
Public hearing report preparation (4 hrs @ $150) $600
Attend public hearing (1 hr @ $150) $150
Finalize determination, trimming schedule, and
attachments (2 hrs @ $155) $310
Coordination with Vegetation Owner and Claimant on
trimming schedule and inspection of final trimming for
compliance (2 hrs @ 155)
$310
Total Cost $2,735
VI. Disclosure of Potential Conflicts of Interest
Community Counterpart Services (CCS) has reviewed the requirements of this proposal and confirms that there are no known conflicts of interest that would impact our ability to provide View Preservation, View Restoration, and Hedge Height Claims to the City of Laguna Beach. CCS is committed to transparency, fairness, and ethical professional conduct in all planning and municipal services. 32 32 of 409
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Previous and Current Contracts with the City of Laguna Beach CCS currently has an existing contract with the City of Laguna Beach to support the City with its View Preservation, View Restoration Claims, and Hedge Height Claims.

Arlen Beck is the only previous City of Laguna Beach employee working for CCS; however, he does not have any ownership interest in the company and does not live in the City of Laguna Beach. There are no City officials or City employees contemporaneously employed or prospectively will be employed by CCS or as subconsultants.

CCS maintains full compliance with all municipal contract regulations and remains available to assist the City as needed in accordance with applicable agreements and policies.

VIII. Conclusion
CCS is committed to supporting the City of Laguna Beach in implementing its View Preservation, View Restoration, and Hedge Height Claim Programs. We are confident that our experience and structured approach will ensure effective administration and enforcement of view-related claims.

We appreciate the opportunity to submit this proposal and look forward to collaborating with the City. Please feel free to contact us for any additional information or clarification.

Sincerely,
John Ciampa
CEO, Community Counterpart Services
[email protected]
(949) 246-5913
Attachments

1. CCS Staff Resumes
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Johnathan M. Ciampa
Community Counterpart Services –Principal
Objective
Results-driven urban planning and environmental management professional with over 18 years of experience in land use policy, regulatory compliance, and project management.

Expertise in municipal planning, coastal development, zoning administration, and team leadership. Dedicated to supporting the City of Laguna Beach’s commitment to protecting scenic vistas, ensuring development consistency, and balancing growth with environmental stewardship.

Professional Experience
July 2021 – Present | Contract Planner | Community Counterpart Services Inc. • Providing contract planning services to the Cities of San Clemente, Laguna Beach, Newport Beach, Jurupa Valley, Bell Gardens, and Town of Hillsborough. • Managing politically sensitive, multi-disciplinary planning projects requiring coordination with city departments, state agencies, and stakeholders. • Processing entitlements requiring view analysis, design review, and approvals from zoning administrators, planning commissions, and city councils. • Reviewing state regulations, general plans, housing elements, and zoning codes for updates and compliance.
• Overseeing project schedules to ensure adherence to review timelines, public notification requirements, and report publication deadlines.

Oct 2024 – July 2025| Planning Manager | City of Dana Point • Conducting Administrative and Planning Commission Hearings, reviewing staff reports, resolutions, and meeting agendas.
• Managing a team of five planners overseeing current and long-range planning projects.
• Serving as the City Liaison to the California Coastal Commission for large and unique projects.
• Overseeing the implementation of an electronic plan review system to improve operational efficiencies.
• Developing staff programs to foster a positive workplace culture, professional growth, and mentorship.

Attachment 1
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Nov 2016 – Sep 2024 | Senior Planner / Principal Planner | City of Dana Point • Managed large, multi-disciplinary, and politically sensitive discretionary and longrange planning projects. • Served as City authority on coastal development and historic preservation projects. • Processed zoning code amendments related to accessory dwelling units (ADUs), Senate Bill 9, and coastal hazards.
• Led a sea level rise vulnerability assessment and sand monitoring study to evaluate shoreline impacts.
• Developed streamlined permitting processes for businesses operating under COVID19 restrictions, in collaboration with the local Chamber of Commerce.

Oct 2007 – Oct 2016 | Assistant Planner / Associate Planner | City of San Clemente • Managed discretionary applications for compliance with the General Plan, Zoning Code, Coastal Act, and CEQA.
• Served as the City’s Historic Preservation Officer, overseeing projects associated with historic resources.
• Led the comprehensive update to the City’s Coastal Land Use Plan, coordinating extensively with Coastal Commission staff.
• Developed a citywide land use database to support General Plan EIR analysis and GIS implementation.
• Facilitated training sessions on CEQA, architectural design review, and historic preservation for the Planning Commission and Historical Society.

July 2006 – Dec 2007 | Contract Planner | Civic Solutions, City of Irvine • Processed discretionary projects including Tentative Parcel Maps, Conditional Use Permits, and mixed-use developments.
• Reviewed building and grading plans for compliance with EIR mitigation measures and conditions of approval.
• Developed a development trip tracking database system and procedural manual for implementation.
• Provided public counter assistance for land use inquiries and minor permit issuance.

Education
• Bachelor of Science in Public Policy, Management, and Planning (2002 – 2006) o University of Southern California – Los Angeles, CA
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Arlen Beck
Community Counterpart Services – Project Manager
Objective
Experienced urban planner and project manager with over eight years of municipal planning experience, specializing in land use planning, zoning administration, and regulatory compliance. Skilled in processing entitlements, long-range planning, and view preservation assessments, with a proven ability to balance community needs with responsible development. Adept at working with developers, city staff, and the public to ensure transparent, efficient, and equitable planning outcomes. Seeking to leverage my expertise in view preservation, restoration, and municipal planning to support the City of Laguna Beach’s commitment to protecting scenic vistas and ensuring development consistency.

Professional Experience
2023 – Present | Associate Planner – Long Range Planning | City of Orange • Managed long-range planning projects, including updates to General Plan Elements and the Zoning Ordinance.
• Reviewed environmental documents for Capital Improvement Projects, ensuring compliance with local and state regulations.
• Conducted technical analysis of planning and zoning issues, providing guidance to staff and decision-makers.
• Oversaw historic preservation planning efforts, ensuring responsible integration with development projects.
2021 – 2023 | Associate Planner | City of Laguna Beach
• Reviewed zoning and planning applications for compliance with development standards, Local Coastal Program, and specific plans.
• Provided public counter assistance, routinely advising applicants on view preservation and restoration processes.
• Assisted in drafting revisions to ordinances, Local Coastal Program policies, and Specific Plans to align with city goals.
• Presented staff reports and recommendations to city staff, elected officials, and commissions. • Advised applicants on achieving view equity for new developments, balancing scenic preservation and property rights.
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2017 – 2021 | Assistant Planner | City of Placentia
• Managed development projects and advanced planning initiatives, ensuring compliance with local and state regulations.
• Supervised planning interns, providing training in municipal planning and zoning processes. • Coordinated and reviewed planning and environmental consulting contracts. • Drafted updates to local ordinances, planning policies, and procedural guidelines. • Secured grant funding to support housing production and urban development initiatives.

Education
• Master of Urban and Regional Planning (Expected 05/2025) – Cal Poly Pomona, Pomona, CA • CEQA Practice Certificate (05/2021) – University of California San Diego, La Jolla, CA • Bachelor of Science in Geography (04/2016) – Brigham Young University, Provo, UT Skills & Expertise
• Land Use Planning & Zoning Administration
• View Preservation & Restoration Assessments
• Environmental Review & CEQA Compliance
• Long-Range & General Plan Policy Development
• Municipal Code Interpretation & Ordinance Drafting
• Stakeholder Engagement & Mediation
• Project Management & Contract Administration
• Technical Report Writing & Public Presentations
Affiliations
• Member, American Planning Association (California & Orange County Chapters) 37 37 of 409

ALEXANDRA WEIR
Community Counterpart Services – Project Manager

PROFESSIONAL SUMMARY
Urban and Regional Planner with expertise in municipal planning, regulatory compliance, environmental analysis, and hazard mitigation. Experienced in View Preservation, View Restoration, and Hedge Height Claim processing, development review, staff report preparation, and public-facing planning services. Strong background in land use policy, resilience planning, grant funding, and community engagement. Recognized for analytical rigor, clear communication, and efficient, transparent application processing.

PROFESSIONAL EXPERIENCE
Community Counterpart Services (CCS)
Assistant Planner
December 2025 – Present
Assigned to support the City of Laguna Beach under the View Preservation and Restoration contract.
• Assist in the facilitation and processing of View Preservation, View Restoration, and Hedge Height Claim applications pursuant to Laguna Beach Municipal Code Chapters

12.16 and 12.14, including intake review, documentation verification, and coordination of noticing and site visits.
• Prepare staff reports, findings, and public hearing materials, ensuring compliance with municipal code requirements and evidentiary standards for vegetation and view-related claims.
• Conduct development review and regulatory analysis to confirm consistency with zoning standards, selected viewing location criteria, and procedural requirements. • Coordinate with applicants, vegetation owners, and City staff to facilitate mediation scheduling, interdepartmental communication, and transparent case processing. • Provide high-level customer service and written correspondence to residents navigating complex view and hedge disputes, maintaining organized files and timely project tracking.

ARCADIS, San Diego
Water Resilience Consultant – Planning, Funding, and Policy Team Aug 2024 – Jul 2025
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• Supported municipal and state planning projects focused on land use, resilience, and hazard mitigation to strengthen disaster preparedness and recovery. • Prepared and managed FEMA BRIC, FMA, and HMGP funding applications, including development of work plans, budgets, and federally compliant Benefit-Cost Analyses (BCAs).
• Conducted Environmental and Historic Preservation (EHP) reviews using census data, spatial mapping, and socio-economic analysis to evaluate site conditions and community impacts.
• Contributed to the Virginia Flood Protection Master Plan and coordinated interagency technical reviews to ensure regulatory compliance and project alignment. • Helped secure over $8 million in funding for climate-resilient infrastructure projects.

Center for Hazards Assessment, Response, and Technology (CHART), New Orleans
Disaster Preparedness & Resilience Research Assistant
May 2022 – Aug 2024
• Led literature reviews on disaster recovery, hazard mitigation, and climate relocation to guide equitable redevelopment strategies.
• Analyzed qualitative and quantitative data for the HUD-funded Isle de Jean Charles Climate Relocation Project, preparing stakeholder reports and mapping analyses. • Collaborated with the Louisiana Governor’s Office to update the 2024 State Substantial Damage Plan in alignment with FEMA and ASFPM standards. • Supported Hurricane Ida recovery coordination with the City of New Orleans, assisting with field response and community resilience efforts.

Neighborhood Coalition, New Orleans
Community Development & Planning Intern
Jan 2024 – May 2024
• Advanced affordable housing and neighborhood revitalization through CDBG-supported redevelopment initiatives.
• Conducted GIS-based field surveys of 54 historic properties for a 15-Minute City pilot project.
• Developed presentation materials and shared findings at community meetings to ensure inclusive, community-driven planning outcomes.

San Diego Housing Federation, San Diego
Volunteer Workforce Intern
Sept 2025 – Present
• Supported the Affordable Housing Management Academy and Annual Affordable Housing Conference through logistics, outreach, and stakeholder coordination. 39 39 of 409
• Contributed to CalJOBS First grant proposal efforts to expand regional workforce development pathways.

EDUCATION
University of New Orleans
Master of Urban and Regional Planning – Environmental & Hazard Mitigation Specialization Jan 2023 – Dec 2024
Honor Roll Recipient
Student Liaison, American Planning Association – New Orleans Metro Section University of New Orleans
Bachelor of Arts in Sociology, Minor in Women and Gender Studies Aug 2021 – Dec 2022
Honor Roll Recipient
SKILLS
• View Preservation & Restoration Processing
• Hedge Height Claims Administration
• Municipal Code & Zoning Analysis
• Development Review
• Staff Report Preparation
• Environmental & Historic Preservation Review
• Grant Writing & Funding Proposals
• GIS & Spatial Analysis
• Community Engagement & Facilitation
• Hazard Mitigation & Climate Resilience
• Regulatory Compliance
• Project Management
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RON STANGE
Community Counterpart Services - Assistant Planner

PROFESSIONAL SUMMARY
Detail-oriented planning professional with experience in View Preservation, View Restoration, and Hedge Height Claim processing for municipal agencies in Southern California. Skilled in application review, site coordination, documentation preparation, and customer service. Strong working knowledge of municipal codes, permitting procedures, and interdepartmental coordination. Recognized for thoroughness, responsiveness, and the ability to guide property owners through complex regulatory processes.

PROFESSIONAL EXPERIENCE
Assistant Planner
Community Counterpart Services (CCS)
June 2025 – Present
Assigned to support the City of Laguna Beach Community Development Department with administration of View Preservation, View Restoration, and Hedge Height Claim applications. • Process View Preservation and View Restoration applications pursuant to Laguna Beach Municipal Code Chapter 12.16.
• Assist property owners in preparing and documenting Records of Views, including verification of selected viewing locations and coordination of required photographic documentation.
• Review and process Notices of Intent to File (Phase 1) and Formal View Restoration Applications (Phase 2), ensuring compliance with procedural and evidentiary requirements.
• Coordinate scheduling, site visits, and communication between property owners and CCS staff.
• Assist with preparation of staff documentation and public noticing materials. • Support intake, review, and processing of Hedge Height Claims pursuant to Municipal Code Chapter 12.14, including verification of noticing lists, plot plans, and required submittal materials.
• Provide direct customer service to residents navigating sensitive view and vegetation disputes, ensuring clear guidance and professional communication throughout the process.
• Maintain organized project files and ensure applications are complete, and accurate Independent Permit Consultant (Independent Contractor)
Southern California
2022 – 2025
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Provided permit expediting and coordination services for residential and commercial projects throughout Southern California.
• Prepared and submitted building applications to multiple municipal jurisdictions. • Coordinated with planning and building to secure project approvals. • Interpreted zoning codes, development standards, and municipal regulations to advise clients on project feasibility and compliance.
• Responded to plan check correction letters and facilitated revisions to ensure timely permit issuance.
• Scheduled inspections, managed project timelines, and served as liaison between property owners, project managers, and City staff.
• Successfully obtained permits across various Southern California cities, demonstrating strong knowledge of regional permitting practices and regulatory frameworks.

CORE COMPETENCIES
• View Preservation & Restoration Processing
• Hedge Height Claim Administration
• Municipal Code Interpretation
• Permit Expediting & Entitlements
• Site Visit Coordination
• Public Noticing Procedures
• Application Review & Documentation
• Customer Service & Stakeholder Communication
• File Management & Regulatory Compliance

PROFESSIONAL SKILLS
• Proficient in municipal permitting workflows
• Strong written and verbal communication
• Organized, deadline-driven, and detail-oriented
• Ability to manage multiple projects simultaneously
• Experience working with property owners, consultants, and City staff 42 42 of 409
Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"

COMPENSATION
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CCS Laguna Beach Fee Proposal
CCS is committed to offering flexible and accessible services tailored to the City’s specify needs and timelines. Below is an overview of our current rate schedule and services.

Classification Fee/Rate
Project Director/
Principal Planner
$155/per hour
Senior Planner $150/per hour
Associate Planner $140/per hour
Assistant Planner $125/per hour
Administrative Lead $65/per hour
Annually on July 1st CCS may initiate a rate increase based on the change in the Consumer Price Index for the area.
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-1- PROFESSIONAL SERVICES AGREEMENT
UPDATED 2-2026

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 Community Counterpart Services, a California corporation. For purposes of notice under this Agreement, CCS may be contacted via email at [email protected]. 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 planning 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 view preservation, view restoration, and hedge height claims ("Project") as set forth in this Agreement.

2.3 Prior Performance of Services.

For the past several months, the Consultant has been performing services satisfactory to the City under Agreement #25-24, for which all allocated funding has been fully expended. The Parties desire to compensate the Consultant for services rendered during the December 2025 through April 2026 time period.

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 services for view preservation, view restoration, and hedge height claims necessary for the Project ("Services"). The Services are 94 of 409
-2- PROFESSIONAL SERVICES AGREEMENT
UPDATED 2-2026
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 April 30, 2026 to June 30, 2029 unless terminated earlier as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 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 "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed one-hundred and fifty-thousand dollars per fiscal year ($150,000) 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.

3.2.13.2.2 Compensation for Prior Services. In addition to the compensation authorized by section 3.2.1, the City desires to compensate the consultant for services provided from December 2025 through April 2026 under Agreement #25-24 for an additional not-to-exceed amount of $75,000 for these services from December 2025 through April 2026.

This compensation is in addition to the $150,000 per fiscal year authorized by section 3.2.1.

3.2.23.2.3 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. Failure to submit an invoice within ninety (90) days of any service(s) or good(s) provided shall constitute an absolute waiver of any right to payment for such service(s) and/or good(s), and City shall have no obligation to review, process, or pay any invoice submitted after the expiration of the ninety (90) day period.

3.2.33.2.4 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "B" of this Agreement.
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-3- PROFESSIONAL SERVICES AGREEMENT
UPDATED 2-2026

3.2.43.2.5 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.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner.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: Arlen Beck, Senior Planner; Ron Stange, Assistant Planner; and Alexandra Weir, Assistant Planner.
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-4- PROFESSIONAL SERVICES AGREEMENT
UPDATED 2-2026

3.3.5 City's Representative. The City hereby designates Wendy Jung, Principal Planner or 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 John Ciampa, Chief Executive Officer or his 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 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 Project milestones described in Exhibits 97 of 409
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“A” or 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.

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. 98 of 409
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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 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. 99 of 409
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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.

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 100 of 409
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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 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.
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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
(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.
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(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 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.
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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 selfinsurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 104 of 409
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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 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 105 of 409
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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: Community Counterpart Services
[email protected]
ATTN: John Ciampa, CEO
City: City of Laguna Beach
505 Forest Avenue
Laguna Beach CA 92651
ATTN: Wendy Jung, Principal Planner
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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 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 107 of 409
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upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
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3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City.

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

3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement.

All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 109 of 409
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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.

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.

SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF LAGUNA BEACH AND

COMMUNITY COUNTERPART SERVICES
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 COMMUNITY COUNTERPART SERVICES
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Dave Kiff
City Manager
Approved as to Form:
_____________________________________
Megan Garibaldi
City Attorney
Attested By:

Ann Marie McKay
City Clerk
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Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
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55852.00003\42823523.1
Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"

SCOPE OF SERVICES
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CCS Proposal for View Preservation, View Restoration, and Hedge Height Claim Contract Services
I. Introduction & Background
Community Counterpart Services (CCS) is pleased to submit this proposal to assist the City of Laguna Beach for View Preservation, View Restoration, and Hedge Height Claims. Our firm has extensive experience in municipal planning services, specializing in coastal regulations, community development, and land use policy.

Through past contract work with the City of Laguna Beach, CCS recognizes the importance of preserving outward views and sunlight while balancing the benefits of trees and vegetation. The Hedge Height Claim, View Preservation, and Restoration Ordinances (LBMC Chapters 12.14 and 12.16) provide a process for property owners to protect their views and address significant view impairments.

CCS will apply its expertise to efficiently manage applications and mediation efforts while ensuring compliance with the Municipal Code and providing excellent customer service.

CCS is a recognized leader in coastal planning, specializing in coastal development, view assessment and preservation. With over 30 years combined experience, CCS has successfully processed several complex view-related applications, conducted comprehensive visual impact analyses, and facilitated dispute resolution between property owners.

Our team includes Principal John Ciampa and Project Managers Arlen Beck, and Alex Weir have firsthand experience working in the City of Laguna Beach, having served consulting roles for over five years with the last year directly assisting the City in all View Preservation applications, View Restoration Claims, and Hedge Height Claims. This experience gives CCS knowledge of the City’s permitting processes, Municipal Code, and administrative systems. CCS has developed a strong working relationship with City staff ensuring projects comply with Laguna Beach’s stringent zoning and coastal policies. Our expertise in balancing view preservation with development rights, environmental considerations, and community expectations makes CCS uniquely suited to support the City in processing View Preservation, View Restoration, and Hedge Height Claim applications efficiently and equitably.
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II. Team Composition
CCS will assign a dedicated team to oversee View Preservation. View Restoration, and Hedge Height Claims. Resumes of all staff are provided as Attachment 1.

Principal
John Ciampa, CCS CEO, will be the principal in charge and ensure all necessary coordination between CCS staff, City personnel, applicants, and neighbors. Mr.

Ciampa’s experience working on complex projects with view sensitivity at the cities of San Clemente, Dana Point, Laguna Beach, Newport Beach, and with the California Coastal Commission provides him extensive experience to oversee and guide the review process with not only the view assessment and documentation but also the mediation and conflict resolution to process applications.

Project Managers
Senior Planner, Arlen Beck will serve as the Project Manager, supporting and overseeing View Preservation and Restoration and Hedge Height Claims to ensure full compliance with the City of Laguna Beach’s Municipal Code. With two years of direct experience as an Associate Planner for Laguna Beach and an additional two years as a consultant planner assisting the City, Mr. Beck has developed comprehensive expertise in the City’s unique zoning code, complex regulatory framework, and the intricacies of its View Preservation, View Restoration, and Hedge Height Clam applications.

His firsthand experience collaborating with City staff, residents, and decisionmaking bodies has provided him with a deep understanding of Laguna Beach’s commitment to view protection and the community expectations for view preservation. His skills include:
• Mediation between property owners and vegetation owners to facilitate voluntary agreements and minimize disputes.
• Public hearing preparation and case presentation for the Design Review Board, Planning Commission, and City Council.
• Technical assessments of view impairment, evaluating building placement, vegetation growth at maturity, and site-specific visual impact analyses.

Mr. Beck’s proven ability to interpret and apply Laguna Beach’s highly specific zoning regulations, combined with his strong stakeholder engagement and mediation skills, make him exceptionally qualified to oversee View Preservation, View Restoration, and Hedge Height Claims. His experience processing several 24 116 of 409
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View Restoration claims over the last year will ensure that applications are processed efficiently, equitably, and in alignment with the City’s longstanding commitment to maintaining private views.

Assistant Planner Alex Weir brings expertise in municipal planning, regulatory compliance, and environmental analysis, making her a strong asset to assist with the contract. As an Assistant Planner with CCS, Ms. Weir has assisted with the facilitation of View Preservation, View Restoration Claims, and Hedge Height Claims since December 2025. She also has experience in development review, staff report preparation, and customer services, ensuring efficient and transparent processing of applications. Her Master of Urban and Regional Planning from the University of New Orleans, enhances her ability to assess view impacts and regulatory compliance.

Supportive Staff
Ron Stange
Assistant Planner Ron Stange has been bringing extensive, hands-on experience since June 2025, supporting the City of Laguna Beach with the administration and processing of View Preservation applications. He has coordinated closely with applicants to ensure complete and accurate submittals, facilitated communication between property owners, scheduled and conducted site visits, and prepared and finalized View Preservation Record of Views in accordance with City requirements.

His thorough understanding of the City’s View Preservation process, attention to detail, and strong customer service orientation enable him to effectively support property owners. In addition, Mr. Stange is experienced in assisting with Hedge Height Claim applications pursuant to Chapter 12.14 of the Municipal Code, including intake review, coordination of noticing requirements, scheduling site visits, and preparation of staff documentation to aid in the Hedge Height Claim process for the City.

III. Experience & Qualifications
CCS has extensive experience assessing projects and views to ensure compliance with local regulatory frameworks, including Zoning Codes, General Plans, and Local Coastal Programs. Our firm has worked closely with coastal cities to ensure development aligns with municipal planning goals while preserving community character and scenic views. Our expertise spans mediation, regulatory compliance, policy development, and coordination with city Planning Divisions and the California Coastal Commission, ensuring an equitable balance between property rights and community-wide scenic preservation. As previously stated, 25 117 of 409
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CCS staff has assisted the City of Laguna Beach for the last year with the implementation of its View Preservation, View Restoration, and Hedge Height Claims.

Below is a summary of relevant projects successfully managed by CCS, demonstrating our expertise in View Preservation, View Restoration, and Hedge Height Claims, the same services CCS would provide in support of the City of Laguna Beach’s view protection program.

Example #1
Project: Hanson Hotel
Project Manager: John Ciampa
Description, Scope, Key Outcomes: Three-story 61 room hotel and restaurant located adjacent to a public view corridor on a curved, downward sloping street.

Building placement, height, location and type of landscaping, were included in the view analysis to evaluate view impacts to the major scenic corridor. The project required coordination and review by the City staff, Design Review Subcommittee, Planning Commission, and several meetings with California Coastal Commission staff including one on-site meeting to assess possible view impacts from the project. The project is in the final stages of review and is expected to go to hearing in July 2025.

Project Timeline and Budget: Ten months for the view assessment of the project.

February 5, 2023 to March 1, 2023 staff review the project design for consistency with and General Plan and Coastal Land Use Plan policy analysis related to views, April 7, 2023 architectural and view assessment by the City’s Design Review Subcommittee, April 28, 2023 to May 15, 2023 coordination and assistance to the applicant to compile policy analysis and information package to the CCC. June 4, 2023to January 6, 2024, coordination with CCC staff including virtual and on-site meetings to assess the project’s potential impacts on the Major Scenic View Corridor.

Project Duration and Cost: View Assessment portion of project ten months with a cost of $3,750.

Contact: Adam Atamian, Director of Community Development for the City of San Clemente, phone: (949)361-6196, email: [email protected] Example #2
Project: City of San Clemente Coastal Land Use Plan
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Project Manager: John Ciampa
Description, Scope, Key Outcomes: Comprehensive update to the LUP including Chapter 6: Visual, Historic and Cultural Resources which include the establishment of new and the refinement of existing City Gateways, Scenic View Corridors (major urban and Minor View Corridors). A new addition to the Land Use Plan incorporated policies VIS-2, VIS-6, and VIS12 which express interest in preserving coastal views and avoiding the installation of landscaping and continued maintenance of landscaping to impact ocean views. These new policies required close coordination with City staff, Planning Commission, and community stakeholders to avoid conflicts.

Project Timeline and Budget: Comprehensive Land Use Plan update three years. Policy development for landscape and view analysis – December 2014 to August 2015 (inclusive of policy development and public hearings for adoption of the LUP). No budget (employed by the City of San Clemente at the time).

Project Duration and Cost: City staff time (employed by the City of San Clemente at the time) Estimated cost of landscape and view corridor policy development assessed at $3,500 including research, draft policies, coordination with City departments and CCC, and staff reports.

Contact: Adam Atamian, Director of Community Development for the City of San Clemente, phone: (949)361-6196, email: [email protected] Example #3
Project: Wholfarth Residence, 101 Calle Seguro San Clemente, CA 92672 Project Manager: John Ciampa
Description: Historic property proposed to plant Ficus trees as a hedge on the up slope to provide privacy but would result in blocking the majority of the neighbor’s 120-degree ocean view. While San Clemente does not have a view preservation ordinance, the City had the ability to review the application because improvements were proposed to a historic property. The relationship between the neighboring property owners was extremely contentious and their attorneys were involved in the matter. Mr. Ciampa coordinated and mediated meetings with each owner to discuss the issues. Mr. Ciampa also discussed with the offending property owner their goals for the landscape project to assess if alternatives could be achieved to mitigate the impacts. Ultimately staff was able to mediate the conflict successfully with the installation of a fence at the top of the slope to provide privacy for the downslope neighbor and preserved the ocean views.
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Timeline and budget: February 2016 to July 2016, including research, site visits, mediation meetings, emails, coordination with Community Development Director, and staff report. No budget (employed by the City of San Clemente at the time) no budget.

Duration and Cost: City staff time (employed by the City of San Clemente at the time) Estimated cost of landscape policy development assessed at $2,000 including research, site visits, mediation meetings, emails, coordination with Community Development Director, and staff report.

Contact: Adam Atamian, Director of Community Development for the City of San Clemente, phone: (949)361-6196, email: [email protected] and Bernie Wholfarth, 101 Calle Seguro San Clemente, CA 92672, phone: (949)933-8542 and contact details of the client, including a contact person.

Example #4
Project: New Residence, 2285 Crestview Drive
Project Manager: Arlen Beck
Description: This project involved the demolition of an existing single-family residence and the construction of a new 2,626-square-foot single-family home with an attached two-car garage and elevated decks. A neighboring property owner to the south expressed concerns that the proposed development would impact their existing ocean views. In response, we facilitated discussions between the project architect and the concerned neighbor, working collaboratively to address the issue.

Through strategic design modifications, minor adjustments were made to the home’s layout to mitigate view obstruction. Ultimately, the Design Review Board determined that the project achieved view equity, balancing the property owner's development rights with the preservation of scenic views for adjacent neighbors.

Timeline and budget: Approximately five months, March to July 2023. No budget (employed by the City of Laguna Beach at the time).

Duration and Cost: Three months, no cost (employed by the City of Laguna Beach at the time)
Contact: Matt Schneider, Director of Community Development, City of Laguna Beach, Phone: (949) 497-0318, Email: [email protected] Additional General Experience for other Municipalities
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Town of Hillsborough – Located just outside San Francisco, the Town of Hillsborough places a high priority on both views and privacy for its residents.

Principal John Ciampa has extensive experience processing Landscape and Architectural Permits for the Town, ensuring that proposed developments comply with the Town’s Zoning Code, which includes strong protections for trees and scenic views. Given the community’s active engagement in view-related concerns, staff regularly facilitate discussions between applicants and neighboring property owners to address potential view obstructions, privacy considerations, and tree preservation issues. Through mediation and collaborative problem-solving, CCS has successfully resolved disputes and mitigated impacts, helping to prevent unnecessary appeals to the Town’s Council while ensuring equitable outcomes for all parties involved. Contact: Liz Ruess, Assistant Director of Building and Planning, email: [email protected].

IV. Core Competencies and Services
CCS will provide the City of Laguna Beach with comprehensive professional planning services to implement and administer View Preservation, View Restoration, and Hedge Height Claims. Below is a summary of the core services CCS will provide for each application type.

1. View Preservation
o Coordinate and schedule Record of View photographs with applicants.
o Develop Record of View documents including cover letter, site visit checklist, photographs and view descriptions, and public notice requirements.
o Coordinate with staff to post the documents to the City’s website, save the documents to the City’s records, and provide copies to the applicants.

2. View Restoration Claims
o Review and evaluate applications for View Restoration claims. o Conduct evaluations of view impairment due to vegetation growth applying criteria for significant view impairment based on the LBMC Chapters 12.16.030.
o Utilize historical data, photographic records, and site visits to evaluate pre-existing views and assess claims.
o Facilitate and schedule mediation between Claimants and Vegetation Owners as part of the formal dispute resolution process. o Coordination with the City Mediator to draft agreements and exhibits that outline restorative actions and long-term vegetation maintenance plans.
o Draft public notices, staff reports, resolutions and attachments for public hearings with the View Restoration Committee.
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o Present claims before the View Restoration Committee. o Coordinate with Claimants and Vegetation owners for the initial remediation and annually on View Restoration Orders to ensure vegetation adheres to approved trimming criteria and maintenance schedules.

3. Hedge Height Claims
o Assist in the review and evaluation of applications for Hedge Height Claims.
o Conduct evaluations of view obstructions, safety hazard, or loss of sunlight due to vegetation.
o Utilize historical data, photographic records, and conduct site visits to assess pre-existing views to evaluate claims.
o Coordinate with arborists, landscape professionals, and the Planning Division, as needed, to develop compliance solutions.
o Draft public notices, staff reports and attachments and present the claims to the Director of Community Development, or designee, to evaluate claims at a public hearing.
o Finalize Hedge Height Claim determinations, trimming requirements and maintenance schedules for final record documents.
o Coordinate with Vegetation Owners on the necessary trimming requirements and mandated timelines for remediation.

4. Coordination with City Departments
o Collaborate with City Planning and Code Enforcement Divisions, and property owners to respond to inquiries, assess claims (past and pending), and coordinate annual trimming requirements of Hedge Height Claims and View Restoration Orders.
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V. Project Budget Estimate
The following Project Budget Estimate provides an itemized breakdown of costs for View Preservation, View Restoration, and Hedge Height Claim applications, based on the required review process outlined in LBMC Chapters 12.14 and 12.16.

The estimated time allocated per task reflects the standard review process, including pre-application meetings, site visits, mediation efforts, public hearing preparation, and compliance enforcement. However, due to the complexity of individual applications, some projects may require more or less time than estimated.

Table 1: View Preservation Budget Estimate
Tasks Cost ($)
Application review and coordinate with the applicant to schedule an appointment to take photographs (1 hr @
$125)
$125
Research property and prepare information for the site
visit (1 hr @ $125) $125
Site visit (1.5 hrs @ $125) $187.50
Coordination with applicant (0.5 hr @ $125) $62.5
Develop Record of View documents (3.5 hrs @ $125) $437.50 Develop notification (.75 hr @ $125) $93.75
Review final Record of View (.75 hr @ $155) $116.25
Circulate Record of View and save to City files (.75 hr @ $125) $93.75
Total Cost $1,241
Table 2: View Restoration Budget Estimate
Tasks Cost ($)
Application review (1 hr @ $155) $155
Research claim and involved properties (1 hr @ $150) $150 Coordination with the Claimant and Vegetation Owners
(1 hr @ $155) $155
Site Visits to Vegetation Owner’s and Claimant’s
properties for view assessment and claim evaluation (3
hrs @ $150)
$450
Coordinate and send letters for scheduled mediation (1
hr @ $150) $150
Mediation (2 hrs @ $150) $300
Coordination with Vegetation Owner and Claimant post
mediation (1 hr @ $155) $155
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Draft VRC notice, report, resolution, and attachments (7 hrs @ $150) $1,050
Review final hearing documents and prepare VRC
presentation (2 hrs @ 155) $310
Present the claim to the VRC (2.5 hrs @ 155) $387.50
Finalize the View Restoration Order (1.5 hrs @ 155) $232.50 Coordination with Vegetation Owner and Claimant on
trimming estimates, insurance review, trimming deposit, trimming schedule, and inspection of final trimming for compliance (3 hrs @ 155)
$465
Total Cost $3,960
Table 3: Hedge Height Claims Budget Estimate
Tasks Cost ($)
Application review (1 hr @ $155) $155
Research claim and involved properties (1 hr @ $150) $150 Coordination with Claimant and Vegetation Owner (1 hr
@ $155) $155
Site visits to Claimant’s and the Vegetation Owner’s
properties (3 hrs @ $150) $450
View assessment and evaluation (1 hr @ $150) $150
Coordinate hearing with City staff, Claimant, and
Vegetation Owner (1 hr @ $155) $155
Project notification and send letters to the Claimant, and Vegetation Owner (1 hr @ $150) $150
Public hearing report preparation (4 hrs @ $150) $600
Attend public hearing (1 hr @ $150) $150
Finalize determination, trimming schedule, and
attachments (2 hrs @ $155) $310
Coordination with Vegetation Owner and Claimant on
trimming schedule and inspection of final trimming for
compliance (2 hrs @ 155)
$310
Total Cost $2,735
VI. Disclosure of Potential Conflicts of Interest
Community Counterpart Services (CCS) has reviewed the requirements of this proposal and confirms that there are no known conflicts of interest that would impact our ability to provide View Preservation, View Restoration, and Hedge Height Claims to the City of Laguna Beach. CCS is committed to transparency, fairness, and ethical professional conduct in all planning and municipal services. 32 124 of 409
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Previous and Current Contracts with the City of Laguna Beach CCS currently has an existing contract with the City of Laguna Beach to support the City with its View Preservation, View Restoration Claims, and Hedge Height Claims.

Arlen Beck is the only previous City of Laguna Beach employee working for CCS; however, he does not have any ownership interest in the company and does not live in the City of Laguna Beach. There are no City officials or City employees contemporaneously employed or prospectively will be employed by CCS or as subconsultants.

CCS maintains full compliance with all municipal contract regulations and remains available to assist the City as needed in accordance with applicable agreements and policies.

VIII. Conclusion
CCS is committed to supporting the City of Laguna Beach in implementing its View Preservation, View Restoration, and Hedge Height Claim Programs. We are confident that our experience and structured approach will ensure effective administration and enforcement of view-related claims.

We appreciate the opportunity to submit this proposal and look forward to collaborating with the City. Please feel free to contact us for any additional information or clarification.

Sincerely,
John Ciampa
CEO, Community Counterpart Services
[email protected]
(949) 246-5913
Attachments

1. CCS Staff Resumes
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Johnathan M. Ciampa
Community Counterpart Services –Principal
Objective
Results-driven urban planning and environmental management professional with over 18 years of experience in land use policy, regulatory compliance, and project management.

Expertise in municipal planning, coastal development, zoning administration, and team leadership. Dedicated to supporting the City of Laguna Beach’s commitment to protecting scenic vistas, ensuring development consistency, and balancing growth with environmental stewardship.

Professional Experience
July 2021 – Present | Contract Planner | Community Counterpart Services Inc. • Providing contract planning services to the Cities of San Clemente, Laguna Beach, Newport Beach, Jurupa Valley, Bell Gardens, and Town of Hillsborough. • Managing politically sensitive, multi-disciplinary planning projects requiring coordination with city departments, state agencies, and stakeholders. • Processing entitlements requiring view analysis, design review, and approvals from zoning administrators, planning commissions, and city councils. • Reviewing state regulations, general plans, housing elements, and zoning codes for updates and compliance.
• Overseeing project schedules to ensure adherence to review timelines, public notification requirements, and report publication deadlines.

Oct 2024 – July 2025| Planning Manager | City of Dana Point • Conducting Administrative and Planning Commission Hearings, reviewing staff reports, resolutions, and meeting agendas.
• Managing a team of five planners overseeing current and long-range planning projects.
• Serving as the City Liaison to the California Coastal Commission for large and unique projects.
• Overseeing the implementation of an electronic plan review system to improve operational efficiencies.
• Developing staff programs to foster a positive workplace culture, professional growth, and mentorship.

Attachment 1
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Nov 2016 – Sep 2024 | Senior Planner / Principal Planner | City of Dana Point • Managed large, multi-disciplinary, and politically sensitive discretionary and longrange planning projects. • Served as City authority on coastal development and historic preservation projects. • Processed zoning code amendments related to accessory dwelling units (ADUs), Senate Bill 9, and coastal hazards.
• Led a sea level rise vulnerability assessment and sand monitoring study to evaluate shoreline impacts.
• Developed streamlined permitting processes for businesses operating under COVID19 restrictions, in collaboration with the local Chamber of Commerce.

Oct 2007 – Oct 2016 | Assistant Planner / Associate Planner | City of San Clemente • Managed discretionary applications for compliance with the General Plan, Zoning Code, Coastal Act, and CEQA.
• Served as the City’s Historic Preservation Officer, overseeing projects associated with historic resources.
• Led the comprehensive update to the City’s Coastal Land Use Plan, coordinating extensively with Coastal Commission staff.
• Developed a citywide land use database to support General Plan EIR analysis and GIS implementation.
• Facilitated training sessions on CEQA, architectural design review, and historic preservation for the Planning Commission and Historical Society.

July 2006 – Dec 2007 | Contract Planner | Civic Solutions, City of Irvine • Processed discretionary projects including Tentative Parcel Maps, Conditional Use Permits, and mixed-use developments.
• Reviewed building and grading plans for compliance with EIR mitigation measures and conditions of approval.
• Developed a development trip tracking database system and procedural manual for implementation.
• Provided public counter assistance for land use inquiries and minor permit issuance.

Education
• Bachelor of Science in Public Policy, Management, and Planning (2002 – 2006) o University of Southern California – Los Angeles, CA
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Arlen Beck
Community Counterpart Services – Project Manager
Objective
Experienced urban planner and project manager with over eight years of municipal planning experience, specializing in land use planning, zoning administration, and regulatory compliance. Skilled in processing entitlements, long-range planning, and view preservation assessments, with a proven ability to balance community needs with responsible development. Adept at working with developers, city staff, and the public to ensure transparent, efficient, and equitable planning outcomes. Seeking to leverage my expertise in view preservation, restoration, and municipal planning to support the City of Laguna Beach’s commitment to protecting scenic vistas and ensuring development consistency.

Professional Experience
2023 – Present | Associate Planner – Long Range Planning | City of Orange • Managed long-range planning projects, including updates to General Plan Elements and the Zoning Ordinance.
• Reviewed environmental documents for Capital Improvement Projects, ensuring compliance with local and state regulations.
• Conducted technical analysis of planning and zoning issues, providing guidance to staff and decision-makers.
• Oversaw historic preservation planning efforts, ensuring responsible integration with development projects.
2021 – 2023 | Associate Planner | City of Laguna Beach
• Reviewed zoning and planning applications for compliance with development standards, Local Coastal Program, and specific plans.
• Provided public counter assistance, routinely advising applicants on view preservation and restoration processes.
• Assisted in drafting revisions to ordinances, Local Coastal Program policies, and Specific Plans to align with city goals.
• Presented staff reports and recommendations to city staff, elected officials, and commissions. • Advised applicants on achieving view equity for new developments, balancing scenic preservation and property rights.
36 128 of 409
2017 – 2021 | Assistant Planner | City of Placentia
• Managed development projects and advanced planning initiatives, ensuring compliance with local and state regulations.
• Supervised planning interns, providing training in municipal planning and zoning processes. • Coordinated and reviewed planning and environmental consulting contracts. • Drafted updates to local ordinances, planning policies, and procedural guidelines. • Secured grant funding to support housing production and urban development initiatives.

Education
• Master of Urban and Regional Planning (Expected 05/2025) – Cal Poly Pomona, Pomona, CA • CEQA Practice Certificate (05/2021) – University of California San Diego, La Jolla, CA • Bachelor of Science in Geography (04/2016) – Brigham Young University, Provo, UT Skills & Expertise
• Land Use Planning & Zoning Administration
• View Preservation & Restoration Assessments
• Environmental Review & CEQA Compliance
• Long-Range & General Plan Policy Development
• Municipal Code Interpretation & Ordinance Drafting
• Stakeholder Engagement & Mediation
• Project Management & Contract Administration
• Technical Report Writing & Public Presentations
Affiliations
• Member, American Planning Association (California & Orange County Chapters) 37 129 of 409

ALEXANDRA WEIR
Community Counterpart Services – Project Manager

PROFESSIONAL SUMMARY
Urban and Regional Planner with expertise in municipal planning, regulatory compliance, environmental analysis, and hazard mitigation. Experienced in View Preservation, View Restoration, and Hedge Height Claim processing, development review, staff report preparation, and public-facing planning services. Strong background in land use policy, resilience planning, grant funding, and community engagement. Recognized for analytical rigor, clear communication, and efficient, transparent application processing.

PROFESSIONAL EXPERIENCE
Community Counterpart Services (CCS)
Assistant Planner
December 2025 – Present
Assigned to support the City of Laguna Beach under the View Preservation and Restoration contract.
• Assist in the facilitation and processing of View Preservation, View Restoration, and Hedge Height Claim applications pursuant to Laguna Beach Municipal Code Chapters

12.16 and 12.14, including intake review, documentation verification, and coordination of noticing and site visits.
• Prepare staff reports, findings, and public hearing materials, ensuring compliance with municipal code requirements and evidentiary standards for vegetation and view-related claims.
• Conduct development review and regulatory analysis to confirm consistency with zoning standards, selected viewing location criteria, and procedural requirements. • Coordinate with applicants, vegetation owners, and City staff to facilitate mediation scheduling, interdepartmental communication, and transparent case processing. • Provide high-level customer service and written correspondence to residents navigating complex view and hedge disputes, maintaining organized files and timely project tracking.

ARCADIS, San Diego
Water Resilience Consultant – Planning, Funding, and Policy Team Aug 2024 – Jul 2025
38 130 of 409
• Supported municipal and state planning projects focused on land use, resilience, and hazard mitigation to strengthen disaster preparedness and recovery. • Prepared and managed FEMA BRIC, FMA, and HMGP funding applications, including development of work plans, budgets, and federally compliant Benefit-Cost Analyses (BCAs).
• Conducted Environmental and Historic Preservation (EHP) reviews using census data, spatial mapping, and socio-economic analysis to evaluate site conditions and community impacts.
• Contributed to the Virginia Flood Protection Master Plan and coordinated interagency technical reviews to ensure regulatory compliance and project alignment. • Helped secure over $8 million in funding for climate-resilient infrastructure projects.

Center for Hazards Assessment, Response, and Technology (CHART), New Orleans
Disaster Preparedness & Resilience Research Assistant
May 2022 – Aug 2024
• Led literature reviews on disaster recovery, hazard mitigation, and climate relocation to guide equitable redevelopment strategies.
• Analyzed qualitative and quantitative data for the HUD-funded Isle de Jean Charles Climate Relocation Project, preparing stakeholder reports and mapping analyses. • Collaborated with the Louisiana Governor’s Office to update the 2024 State Substantial Damage Plan in alignment with FEMA and ASFPM standards. • Supported Hurricane Ida recovery coordination with the City of New Orleans, assisting with field response and community resilience efforts.

Neighborhood Coalition, New Orleans
Community Development & Planning Intern
Jan 2024 – May 2024
• Advanced affordable housing and neighborhood revitalization through CDBG-supported redevelopment initiatives.
• Conducted GIS-based field surveys of 54 historic properties for a 15-Minute City pilot project.
• Developed presentation materials and shared findings at community meetings to ensure inclusive, community-driven planning outcomes.

San Diego Housing Federation, San Diego
Volunteer Workforce Intern
Sept 2025 – Present
• Supported the Affordable Housing Management Academy and Annual Affordable Housing Conference through logistics, outreach, and stakeholder coordination. 39 131 of 409
• Contributed to CalJOBS First grant proposal efforts to expand regional workforce development pathways.

EDUCATION
University of New Orleans
Master of Urban and Regional Planning – Environmental & Hazard Mitigation Specialization Jan 2023 – Dec 2024
Honor Roll Recipient
Student Liaison, American Planning Association – New Orleans Metro Section University of New Orleans
Bachelor of Arts in Sociology, Minor in Women and Gender Studies Aug 2021 – Dec 2022
Honor Roll Recipient
SKILLS
• View Preservation & Restoration Processing
• Hedge Height Claims Administration
• Municipal Code & Zoning Analysis
• Development Review
• Staff Report Preparation
• Environmental & Historic Preservation Review
• Grant Writing & Funding Proposals
• GIS & Spatial Analysis
• Community Engagement & Facilitation
• Hazard Mitigation & Climate Resilience
• Regulatory Compliance
• Project Management
40 132 of 409

RON STANGE
Community Counterpart Services - Assistant Planner

PROFESSIONAL SUMMARY
Detail-oriented planning professional with experience in View Preservation, View Restoration, and Hedge Height Claim processing for municipal agencies in Southern California. Skilled in application review, site coordination, documentation preparation, and customer service. Strong working knowledge of municipal codes, permitting procedures, and interdepartmental coordination. Recognized for thoroughness, responsiveness, and the ability to guide property owners through complex regulatory processes.

PROFESSIONAL EXPERIENCE
Assistant Planner
Community Counterpart Services (CCS)
June 2025 – Present
Assigned to support the City of Laguna Beach Community Development Department with administration of View Preservation, View Restoration, and Hedge Height Claim applications. • Process View Preservation and View Restoration applications pursuant to Laguna Beach Municipal Code Chapter 12.16.
• Assist property owners in preparing and documenting Records of Views, including verification of selected viewing locations and coordination of required photographic documentation.
• Review and process Notices of Intent to File (Phase 1) and Formal View Restoration Applications (Phase 2), ensuring compliance with procedural and evidentiary requirements.
• Coordinate scheduling, site visits, and communication between property owners and CCS staff.
• Assist with preparation of staff documentation and public noticing materials. • Support intake, review, and processing of Hedge Height Claims pursuant to Municipal Code Chapter 12.14, including verification of noticing lists, plot plans, and required submittal materials.
• Provide direct customer service to residents navigating sensitive view and vegetation disputes, ensuring clear guidance and professional communication throughout the process.
• Maintain organized project files and ensure applications are complete, and accurate Independent Permit Consultant (Independent Contractor)
Southern California
2022 – 2025
41 133 of 409
Provided permit expediting and coordination services for residential and commercial projects throughout Southern California.
• Prepared and submitted building applications to multiple municipal jurisdictions. • Coordinated with planning and building to secure project approvals. • Interpreted zoning codes, development standards, and municipal regulations to advise clients on project feasibility and compliance.
• Responded to plan check correction letters and facilitated revisions to ensure timely permit issuance.
• Scheduled inspections, managed project timelines, and served as liaison between property owners, project managers, and City staff.
• Successfully obtained permits across various Southern California cities, demonstrating strong knowledge of regional permitting practices and regulatory frameworks.

CORE COMPETENCIES
• View Preservation & Restoration Processing
• Hedge Height Claim Administration
• Municipal Code Interpretation
• Permit Expediting & Entitlements
• Site Visit Coordination
• Public Noticing Procedures
• Application Review & Documentation
• Customer Service & Stakeholder Communication
• File Management & Regulatory Compliance

PROFESSIONAL SKILLS
• Proficient in municipal permitting workflows
• Strong written and verbal communication
• Organized, deadline-driven, and detail-oriented
• Ability to manage multiple projects simultaneously
• Experience working with property owners, consultants, and City staff 42 134 of 409
Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"

COMPENSATION
43 135 of 409
CCS Laguna Beach Fee Proposal
CCS is committed to offering flexible and accessible services tailored to the City’s specify needs and timelines. Below is an overview of our current rate schedule and services.

Classification Fee/Rate
Project Director/
Principal Planner
$155/per hour
Senior Planner $150/per hour
Associate Planner $140/per hour
Assistant Planner $125/per hour
Administrative Lead $65/per hour
Annually on July 1st CCS may initiate a rate increase based on the change in the Consumer Price Index for the area.
44 136 of 409
-1- PROFESSIONAL SERVICES AGREEMENT
UPDATED 2-2026

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 Community Counterpart Services, a California corporation. For purposes of notice under this Agreement, CCS may be contacted via email at [email protected]. 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 planning 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 view preservation, view restoration, and hedge height claims ("Project") as set forth in this Agreement.

2.3 Prior Performance of Services.

For the past several months, the Consultant has been performing services satisfactory to the City under Agreement #25-24, for which all allocated funding has been fully expended. The Parties desire to compensate the Consultant for services rendered during the December 2025 through April 2026 time period.

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 services for view preservation, view restoration, and hedge height claims necessary for the Project ("Services"). The Services are 137 of 409
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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 April 30, 2026 to June 30, 2029 unless terminated earlier as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 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 "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed one-hundred and fifty-thousand dollars per fiscal year ($150,000) 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 Compensation for Prior Services. In addition to the compensation authorized by section 3.2.1, the City desires to compensate the consultant for services provided from December 2025 through April 2026 under Agreement #25-24 for an additional not-to-exceed amount of $75,000 for these services from December 2025 through April 2026.

This compensation is in addition to the $150,000 per fiscal year authorized by section 3.2.1.

3.2.3 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. Failure to submit an invoice within ninety (90) days of any service(s) or good(s) provided shall constitute an absolute waiver of any right to payment for such service(s) and/or good(s), and City shall have no obligation to review, process, or pay any invoice submitted after the expiration of the ninety (90) day period.

3.2.4 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "B" of this Agreement.

3.2.5 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 138 of 409
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UPDATED 2-2026
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.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner.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: Arlen Beck, Senior Planner; Ron Stange, Assistant Planner; and Alexandra Weir, Assistant Planner.
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3.3.5 City's Representative. The City hereby designates Wendy Jung, Principal Planner or 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 John Ciampa, Chief Executive Officer or his 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 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 Project milestones described in Exhibits 140 of 409
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UPDATED 2-2026
“A” or 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.

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. 141 of 409
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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 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. 142 of 409
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UPDATED 2-2026

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.

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 143 of 409
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UPDATED 2-2026
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 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.
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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
(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.
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(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 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.
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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 selfinsurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 147 of 409
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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 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 148 of 409
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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: Community Counterpart Services
[email protected]
ATTN: John Ciampa, CEO
City: City of Laguna Beach
505 Forest Avenue
Laguna Beach CA 92651
ATTN: Wendy Jung, Principal Planner
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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 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 150 of 409
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upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
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3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City.

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

3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement.

All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 152 of 409
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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.

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.

SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF LAGUNA BEACH AND

COMMUNITY COUNTERPART SERVICES
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 COMMUNITY COUNTERPART SERVICES
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Dave Kiff
City Manager
Approved as to Form:
_____________________________________
Megan Garibaldi
City Attorney
Attested By:

Ann Marie McKay
City Clerk
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Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
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55852.00003\42823523.1
Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"

SCOPE OF SERVICES
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CCS Proposal for View Preservation, View Restoration, and Hedge Height Claim Contract Services
I. Introduction & Background
Community Counterpart Services (CCS) is pleased to submit this proposal to assist the City of Laguna Beach for View Preservation, View Restoration, and Hedge Height Claims. Our firm has extensive experience in municipal planning services, specializing in coastal regulations, community development, and land use policy.

Through past contract work with the City of Laguna Beach, CCS recognizes the importance of preserving outward views and sunlight while balancing the benefits of trees and vegetation. The Hedge Height Claim, View Preservation, and Restoration Ordinances (LBMC Chapters 12.14 and 12.16) provide a process for property owners to protect their views and address significant view impairments.

CCS will apply its expertise to efficiently manage applications and mediation efforts while ensuring compliance with the Municipal Code and providing excellent customer service.

CCS is a recognized leader in coastal planning, specializing in coastal development, view assessment and preservation. With over 30 years combined experience, CCS has successfully processed several complex view-related applications, conducted comprehensive visual impact analyses, and facilitated dispute resolution between property owners.

Our team includes Principal John Ciampa and Project Managers Arlen Beck, and Alex Weir have firsthand experience working in the City of Laguna Beach, having served consulting roles for over five years with the last year directly assisting the City in all View Preservation applications, View Restoration Claims, and Hedge Height Claims. This experience gives CCS knowledge of the City’s permitting processes, Municipal Code, and administrative systems. CCS has developed a strong working relationship with City staff ensuring projects comply with Laguna Beach’s stringent zoning and coastal policies. Our expertise in balancing view preservation with development rights, environmental considerations, and community expectations makes CCS uniquely suited to support the City in processing View Preservation, View Restoration, and Hedge Height Claim applications efficiently and equitably.
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II. Team Composition
CCS will assign a dedicated team to oversee View Preservation. View Restoration, and Hedge Height Claims. Resumes of all staff are provided as Attachment 1.

Principal
John Ciampa, CCS CEO, will be the principal in charge and ensure all necessary coordination between CCS staff, City personnel, applicants, and neighbors. Mr.

Ciampa’s experience working on complex projects with view sensitivity at the cities of San Clemente, Dana Point, Laguna Beach, Newport Beach, and with the California Coastal Commission provides him extensive experience to oversee and guide the review process with not only the view assessment and documentation but also the mediation and conflict resolution to process applications.

Project Managers
Senior Planner, Arlen Beck will serve as the Project Manager, supporting and overseeing View Preservation and Restoration and Hedge Height Claims to ensure full compliance with the City of Laguna Beach’s Municipal Code. With two years of direct experience as an Associate Planner for Laguna Beach and an additional two years as a consultant planner assisting the City, Mr. Beck has developed comprehensive expertise in the City’s unique zoning code, complex regulatory framework, and the intricacies of its View Preservation, View Restoration, and Hedge Height Clam applications.

His firsthand experience collaborating with City staff, residents, and decisionmaking bodies has provided him with a deep understanding of Laguna Beach’s commitment to view protection and the community expectations for view preservation. His skills include:
• Mediation between property owners and vegetation owners to facilitate voluntary agreements and minimize disputes.
• Public hearing preparation and case presentation for the Design Review Board, Planning Commission, and City Council.
• Technical assessments of view impairment, evaluating building placement, vegetation growth at maturity, and site-specific visual impact analyses.

Mr. Beck’s proven ability to interpret and apply Laguna Beach’s highly specific zoning regulations, combined with his strong stakeholder engagement and mediation skills, make him exceptionally qualified to oversee View Preservation, View Restoration, and Hedge Height Claims. His experience processing several 24 159 of 409
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View Restoration claims over the last year will ensure that applications are processed efficiently, equitably, and in alignment with the City’s longstanding commitment to maintaining private views.

Assistant Planner Alex Weir brings expertise in municipal planning, regulatory compliance, and environmental analysis, making her a strong asset to assist with the contract. As an Assistant Planner with CCS, Ms. Weir has assisted with the facilitation of View Preservation, View Restoration Claims, and Hedge Height Claims since December 2025. She also has experience in development review, staff report preparation, and customer services, ensuring efficient and transparent processing of applications. Her Master of Urban and Regional Planning from the University of New Orleans, enhances her ability to assess view impacts and regulatory compliance.

Supportive Staff
Ron Stange
Assistant Planner Ron Stange has been bringing extensive, hands-on experience since June 2025, supporting the City of Laguna Beach with the administration and processing of View Preservation applications. He has coordinated closely with applicants to ensure complete and accurate submittals, facilitated communication between property owners, scheduled and conducted site visits, and prepared and finalized View Preservation Record of Views in accordance with City requirements.

His thorough understanding of the City’s View Preservation process, attention to detail, and strong customer service orientation enable him to effectively support property owners. In addition, Mr. Stange is experienced in assisting with Hedge Height Claim applications pursuant to Chapter 12.14 of the Municipal Code, including intake review, coordination of noticing requirements, scheduling site visits, and preparation of staff documentation to aid in the Hedge Height Claim process for the City.

III. Experience & Qualifications
CCS has extensive experience assessing projects and views to ensure compliance with local regulatory frameworks, including Zoning Codes, General Plans, and Local Coastal Programs. Our firm has worked closely with coastal cities to ensure development aligns with municipal planning goals while preserving community character and scenic views. Our expertise spans mediation, regulatory compliance, policy development, and coordination with city Planning Divisions and the California Coastal Commission, ensuring an equitable balance between property rights and community-wide scenic preservation. As previously stated, 25 160 of 409
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CCS staff has assisted the City of Laguna Beach for the last year with the implementation of its View Preservation, View Restoration, and Hedge Height Claims.

Below is a summary of relevant projects successfully managed by CCS, demonstrating our expertise in View Preservation, View Restoration, and Hedge Height Claims, the same services CCS would provide in support of the City of Laguna Beach’s view protection program.

Example #1
Project: Hanson Hotel
Project Manager: John Ciampa
Description, Scope, Key Outcomes: Three-story 61 room hotel and restaurant located adjacent to a public view corridor on a curved, downward sloping street.

Building placement, height, location and type of landscaping, were included in the view analysis to evaluate view impacts to the major scenic corridor. The project required coordination and review by the City staff, Design Review Subcommittee, Planning Commission, and several meetings with California Coastal Commission staff including one on-site meeting to assess possible view impacts from the project. The project is in the final stages of review and is expected to go to hearing in July 2025.

Project Timeline and Budget: Ten months for the view assessment of the project.

February 5, 2023 to March 1, 2023 staff review the project design for consistency with and General Plan and Coastal Land Use Plan policy analysis related to views, April 7, 2023 architectural and view assessment by the City’s Design Review Subcommittee, April 28, 2023 to May 15, 2023 coordination and assistance to the applicant to compile policy analysis and information package to the CCC. June 4, 2023to January 6, 2024, coordination with CCC staff including virtual and on-site meetings to assess the project’s potential impacts on the Major Scenic View Corridor.

Project Duration and Cost: View Assessment portion of project ten months with a cost of $3,750.

Contact: Adam Atamian, Director of Community Development for the City of San Clemente, phone: (949)361-6196, email: [email protected] Example #2
Project: City of San Clemente Coastal Land Use Plan
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Project Manager: John Ciampa
Description, Scope, Key Outcomes: Comprehensive update to the LUP including Chapter 6: Visual, Historic and Cultural Resources which include the establishment of new and the refinement of existing City Gateways, Scenic View Corridors (major urban and Minor View Corridors). A new addition to the Land Use Plan incorporated policies VIS-2, VIS-6, and VIS12 which express interest in preserving coastal views and avoiding the installation of landscaping and continued maintenance of landscaping to impact ocean views. These new policies required close coordination with City staff, Planning Commission, and community stakeholders to avoid conflicts.

Project Timeline and Budget: Comprehensive Land Use Plan update three years. Policy development for landscape and view analysis – December 2014 to August 2015 (inclusive of policy development and public hearings for adoption of the LUP). No budget (employed by the City of San Clemente at the time).

Project Duration and Cost: City staff time (employed by the City of San Clemente at the time) Estimated cost of landscape and view corridor policy development assessed at $3,500 including research, draft policies, coordination with City departments and CCC, and staff reports.

Contact: Adam Atamian, Director of Community Development for the City of San Clemente, phone: (949)361-6196, email: [email protected] Example #3
Project: Wholfarth Residence, 101 Calle Seguro San Clemente, CA 92672 Project Manager: John Ciampa
Description: Historic property proposed to plant Ficus trees as a hedge on the up slope to provide privacy but would result in blocking the majority of the neighbor’s 120-degree ocean view. While San Clemente does not have a view preservation ordinance, the City had the ability to review the application because improvements were proposed to a historic property. The relationship between the neighboring property owners was extremely contentious and their attorneys were involved in the matter. Mr. Ciampa coordinated and mediated meetings with each owner to discuss the issues. Mr. Ciampa also discussed with the offending property owner their goals for the landscape project to assess if alternatives could be achieved to mitigate the impacts. Ultimately staff was able to mediate the conflict successfully with the installation of a fence at the top of the slope to provide privacy for the downslope neighbor and preserved the ocean views.
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Timeline and budget: February 2016 to July 2016, including research, site visits, mediation meetings, emails, coordination with Community Development Director, and staff report. No budget (employed by the City of San Clemente at the time) no budget.

Duration and Cost: City staff time (employed by the City of San Clemente at the time) Estimated cost of landscape policy development assessed at $2,000 including research, site visits, mediation meetings, emails, coordination with Community Development Director, and staff report.

Contact: Adam Atamian, Director of Community Development for the City of San Clemente, phone: (949)361-6196, email: [email protected] and Bernie Wholfarth, 101 Calle Seguro San Clemente, CA 92672, phone: (949)933-8542 and contact details of the client, including a contact person.

Example #4
Project: New Residence, 2285 Crestview Drive
Project Manager: Arlen Beck
Description: This project involved the demolition of an existing single-family residence and the construction of a new 2,626-square-foot single-family home with an attached two-car garage and elevated decks. A neighboring property owner to the south expressed concerns that the proposed development would impact their existing ocean views. In response, we facilitated discussions between the project architect and the concerned neighbor, working collaboratively to address the issue.

Through strategic design modifications, minor adjustments were made to the home’s layout to mitigate view obstruction. Ultimately, the Design Review Board determined that the project achieved view equity, balancing the property owner's development rights with the preservation of scenic views for adjacent neighbors.

Timeline and budget: Approximately five months, March to July 2023. No budget (employed by the City of Laguna Beach at the time).

Duration and Cost: Three months, no cost (employed by the City of Laguna Beach at the time)
Contact: Matt Schneider, Director of Community Development, City of Laguna Beach, Phone: (949) 497-0318, Email: [email protected] Additional General Experience for other Municipalities
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Town of Hillsborough – Located just outside San Francisco, the Town of Hillsborough places a high priority on both views and privacy for its residents.

Principal John Ciampa has extensive experience processing Landscape and Architectural Permits for the Town, ensuring that proposed developments comply with the Town’s Zoning Code, which includes strong protections for trees and scenic views. Given the community’s active engagement in view-related concerns, staff regularly facilitate discussions between applicants and neighboring property owners to address potential view obstructions, privacy considerations, and tree preservation issues. Through mediation and collaborative problem-solving, CCS has successfully resolved disputes and mitigated impacts, helping to prevent unnecessary appeals to the Town’s Council while ensuring equitable outcomes for all parties involved. Contact: Liz Ruess, Assistant Director of Building and Planning, email: [email protected].

IV. Core Competencies and Services
CCS will provide the City of Laguna Beach with comprehensive professional planning services to implement and administer View Preservation, View Restoration, and Hedge Height Claims. Below is a summary of the core services CCS will provide for each application type.

1. View Preservation
o Coordinate and schedule Record of View photographs with applicants.
o Develop Record of View documents including cover letter, site visit checklist, photographs and view descriptions, and public notice requirements.
o Coordinate with staff to post the documents to the City’s website, save the documents to the City’s records, and provide copies to the applicants.

2. View Restoration Claims
o Review and evaluate applications for View Restoration claims. o Conduct evaluations of view impairment due to vegetation growth applying criteria for significant view impairment based on the LBMC Chapters 12.16.030.
o Utilize historical data, photographic records, and site visits to evaluate pre-existing views and assess claims.
o Facilitate and schedule mediation between Claimants and Vegetation Owners as part of the formal dispute resolution process. o Coordination with the City Mediator to draft agreements and exhibits that outline restorative actions and long-term vegetation maintenance plans.
o Draft public notices, staff reports, resolutions and attachments for public hearings with the View Restoration Committee.
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o Present claims before the View Restoration Committee. o Coordinate with Claimants and Vegetation owners for the initial remediation and annually on View Restoration Orders to ensure vegetation adheres to approved trimming criteria and maintenance schedules.

3. Hedge Height Claims
o Assist in the review and evaluation of applications for Hedge Height Claims.
o Conduct evaluations of view obstructions, safety hazard, or loss of sunlight due to vegetation.
o Utilize historical data, photographic records, and conduct site visits to assess pre-existing views to evaluate claims.
o Coordinate with arborists, landscape professionals, and the Planning Division, as needed, to develop compliance solutions.
o Draft public notices, staff reports and attachments and present the claims to the Director of Community Development, or designee, to evaluate claims at a public hearing.
o Finalize Hedge Height Claim determinations, trimming requirements and maintenance schedules for final record documents.
o Coordinate with Vegetation Owners on the necessary trimming requirements and mandated timelines for remediation.

4. Coordination with City Departments
o Collaborate with City Planning and Code Enforcement Divisions, and property owners to respond to inquiries, assess claims (past and pending), and coordinate annual trimming requirements of Hedge Height Claims and View Restoration Orders.
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V. Project Budget Estimate
The following Project Budget Estimate provides an itemized breakdown of costs for View Preservation, View Restoration, and Hedge Height Claim applications, based on the required review process outlined in LBMC Chapters 12.14 and 12.16.

The estimated time allocated per task reflects the standard review process, including pre-application meetings, site visits, mediation efforts, public hearing preparation, and compliance enforcement. However, due to the complexity of individual applications, some projects may require more or less time than estimated.

Table 1: View Preservation Budget Estimate
Tasks Cost ($)
Application review and coordinate with the applicant to schedule an appointment to take photographs (1 hr @
$125)
$125
Research property and prepare information for the site
visit (1 hr @ $125) $125
Site visit (1.5 hrs @ $125) $187.50
Coordination with applicant (0.5 hr @ $125) $62.5
Develop Record of View documents (3.5 hrs @ $125) $437.50 Develop notification (.75 hr @ $125) $93.75
Review final Record of View (.75 hr @ $155) $116.25
Circulate Record of View and save to City files (.75 hr @ $125) $93.75
Total Cost $1,241
Table 2: View Restoration Budget Estimate
Tasks Cost ($)
Application review (1 hr @ $155) $155
Research claim and involved properties (1 hr @ $150) $150 Coordination with the Claimant and Vegetation Owners
(1 hr @ $155) $155
Site Visits to Vegetation Owner’s and Claimant’s
properties for view assessment and claim evaluation (3
hrs @ $150)
$450
Coordinate and send letters for scheduled mediation (1
hr @ $150) $150
Mediation (2 hrs @ $150) $300
Coordination with Vegetation Owner and Claimant post
mediation (1 hr @ $155) $155
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Draft VRC notice, report, resolution, and attachments (7 hrs @ $150) $1,050
Review final hearing documents and prepare VRC
presentation (2 hrs @ 155) $310
Present the claim to the VRC (2.5 hrs @ 155) $387.50
Finalize the View Restoration Order (1.5 hrs @ 155) $232.50 Coordination with Vegetation Owner and Claimant on
trimming estimates, insurance review, trimming deposit, trimming schedule, and inspection of final trimming for compliance (3 hrs @ 155)
$465
Total Cost $3,960
Table 3: Hedge Height Claims Budget Estimate
Tasks Cost ($)
Application review (1 hr @ $155) $155
Research claim and involved properties (1 hr @ $150) $150 Coordination with Claimant and Vegetation Owner (1 hr
@ $155) $155
Site visits to Claimant’s and the Vegetation Owner’s
properties (3 hrs @ $150) $450
View assessment and evaluation (1 hr @ $150) $150
Coordinate hearing with City staff, Claimant, and
Vegetation Owner (1 hr @ $155) $155
Project notification and send letters to the Claimant, and Vegetation Owner (1 hr @ $150) $150
Public hearing report preparation (4 hrs @ $150) $600
Attend public hearing (1 hr @ $150) $150
Finalize determination, trimming schedule, and
attachments (2 hrs @ $155) $310
Coordination with Vegetation Owner and Claimant on
trimming schedule and inspection of final trimming for
compliance (2 hrs @ 155)
$310
Total Cost $2,735
VI. Disclosure of Potential Conflicts of Interest
Community Counterpart Services (CCS) has reviewed the requirements of this proposal and confirms that there are no known conflicts of interest that would impact our ability to provide View Preservation, View Restoration, and Hedge Height Claims to the City of Laguna Beach. CCS is committed to transparency, fairness, and ethical professional conduct in all planning and municipal services. 32 167 of 409
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Previous and Current Contracts with the City of Laguna Beach CCS currently has an existing contract with the City of Laguna Beach to support the City with its View Preservation, View Restoration Claims, and Hedge Height Claims.

Arlen Beck is the only previous City of Laguna Beach employee working for CCS; however, he does not have any ownership interest in the company and does not live in the City of Laguna Beach. There are no City officials or City employees contemporaneously employed or prospectively will be employed by CCS or as subconsultants.

CCS maintains full compliance with all municipal contract regulations and remains available to assist the City as needed in accordance with applicable agreements and policies.

VIII. Conclusion
CCS is committed to supporting the City of Laguna Beach in implementing its View Preservation, View Restoration, and Hedge Height Claim Programs. We are confident that our experience and structured approach will ensure effective administration and enforcement of view-related claims.

We appreciate the opportunity to submit this proposal and look forward to collaborating with the City. Please feel free to contact us for any additional information or clarification.

Sincerely,
John Ciampa
CEO, Community Counterpart Services
[email protected]
(949) 246-5913
Attachments

1. CCS Staff Resumes
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Johnathan M. Ciampa
Community Counterpart Services –Principal
Objective
Results-driven urban planning and environmental management professional with over 18 years of experience in land use policy, regulatory compliance, and project management.

Expertise in municipal planning, coastal development, zoning administration, and team leadership. Dedicated to supporting the City of Laguna Beach’s commitment to protecting scenic vistas, ensuring development consistency, and balancing growth with environmental stewardship.

Professional Experience
July 2021 – Present | Contract Planner | Community Counterpart Services Inc. • Providing contract planning services to the Cities of San Clemente, Laguna Beach, Newport Beach, Jurupa Valley, Bell Gardens, and Town of Hillsborough. • Managing politically sensitive, multi-disciplinary planning projects requiring coordination with city departments, state agencies, and stakeholders. • Processing entitlements requiring view analysis, design review, and approvals from zoning administrators, planning commissions, and city councils. • Reviewing state regulations, general plans, housing elements, and zoning codes for updates and compliance.
• Overseeing project schedules to ensure adherence to review timelines, public notification requirements, and report publication deadlines.

Oct 2024 – July 2025| Planning Manager | City of Dana Point • Conducting Administrative and Planning Commission Hearings, reviewing staff reports, resolutions, and meeting agendas.
• Managing a team of five planners overseeing current and long-range planning projects.
• Serving as the City Liaison to the California Coastal Commission for large and unique projects.
• Overseeing the implementation of an electronic plan review system to improve operational efficiencies.
• Developing staff programs to foster a positive workplace culture, professional growth, and mentorship.

Attachment 1
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Nov 2016 – Sep 2024 | Senior Planner / Principal Planner | City of Dana Point • Managed large, multi-disciplinary, and politically sensitive discretionary and longrange planning projects. • Served as City authority on coastal development and historic preservation projects. • Processed zoning code amendments related to accessory dwelling units (ADUs), Senate Bill 9, and coastal hazards.
• Led a sea level rise vulnerability assessment and sand monitoring study to evaluate shoreline impacts.
• Developed streamlined permitting processes for businesses operating under COVID19 restrictions, in collaboration with the local Chamber of Commerce.

Oct 2007 – Oct 2016 | Assistant Planner / Associate Planner | City of San Clemente • Managed discretionary applications for compliance with the General Plan, Zoning Code, Coastal Act, and CEQA.
• Served as the City’s Historic Preservation Officer, overseeing projects associated with historic resources.
• Led the comprehensive update to the City’s Coastal Land Use Plan, coordinating extensively with Coastal Commission staff.
• Developed a citywide land use database to support General Plan EIR analysis and GIS implementation.
• Facilitated training sessions on CEQA, architectural design review, and historic preservation for the Planning Commission and Historical Society.

July 2006 – Dec 2007 | Contract Planner | Civic Solutions, City of Irvine • Processed discretionary projects including Tentative Parcel Maps, Conditional Use Permits, and mixed-use developments.
• Reviewed building and grading plans for compliance with EIR mitigation measures and conditions of approval.
• Developed a development trip tracking database system and procedural manual for implementation.
• Provided public counter assistance for land use inquiries and minor permit issuance.

Education
• Bachelor of Science in Public Policy, Management, and Planning (2002 – 2006) o University of Southern California – Los Angeles, CA
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Arlen Beck
Community Counterpart Services – Project Manager
Objective
Experienced urban planner and project manager with over eight years of municipal planning experience, specializing in land use planning, zoning administration, and regulatory compliance. Skilled in processing entitlements, long-range planning, and view preservation assessments, with a proven ability to balance community needs with responsible development. Adept at working with developers, city staff, and the public to ensure transparent, efficient, and equitable planning outcomes. Seeking to leverage my expertise in view preservation, restoration, and municipal planning to support the City of Laguna Beach’s commitment to protecting scenic vistas and ensuring development consistency.

Professional Experience
2023 – Present | Associate Planner – Long Range Planning | City of Orange • Managed long-range planning projects, including updates to General Plan Elements and the Zoning Ordinance.
• Reviewed environmental documents for Capital Improvement Projects, ensuring compliance with local and state regulations.
• Conducted technical analysis of planning and zoning issues, providing guidance to staff and decision-makers.
• Oversaw historic preservation planning efforts, ensuring responsible integration with development projects.
2021 – 2023 | Associate Planner | City of Laguna Beach
• Reviewed zoning and planning applications for compliance with development standards, Local Coastal Program, and specific plans.
• Provided public counter assistance, routinely advising applicants on view preservation and restoration processes.
• Assisted in drafting revisions to ordinances, Local Coastal Program policies, and Specific Plans to align with city goals.
• Presented staff reports and recommendations to city staff, elected officials, and commissions. • Advised applicants on achieving view equity for new developments, balancing scenic preservation and property rights.
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2017 – 2021 | Assistant Planner | City of Placentia
• Managed development projects and advanced planning initiatives, ensuring compliance with local and state regulations.
• Supervised planning interns, providing training in municipal planning and zoning processes. • Coordinated and reviewed planning and environmental consulting contracts. • Drafted updates to local ordinances, planning policies, and procedural guidelines. • Secured grant funding to support housing production and urban development initiatives.

Education
• Master of Urban and Regional Planning (Expected 05/2025) – Cal Poly Pomona, Pomona, CA • CEQA Practice Certificate (05/2021) – University of California San Diego, La Jolla, CA • Bachelor of Science in Geography (04/2016) – Brigham Young University, Provo, UT Skills & Expertise
• Land Use Planning & Zoning Administration
• View Preservation & Restoration Assessments
• Environmental Review & CEQA Compliance
• Long-Range & General Plan Policy Development
• Municipal Code Interpretation & Ordinance Drafting
• Stakeholder Engagement & Mediation
• Project Management & Contract Administration
• Technical Report Writing & Public Presentations
Affiliations
• Member, American Planning Association (California & Orange County Chapters) 37 172 of 409

ALEXANDRA WEIR
Community Counterpart Services – Project Manager

PROFESSIONAL SUMMARY
Urban and Regional Planner with expertise in municipal planning, regulatory compliance, environmental analysis, and hazard mitigation. Experienced in View Preservation, View Restoration, and Hedge Height Claim processing, development review, staff report preparation, and public-facing planning services. Strong background in land use policy, resilience planning, grant funding, and community engagement. Recognized for analytical rigor, clear communication, and efficient, transparent application processing.

PROFESSIONAL EXPERIENCE
Community Counterpart Services (CCS)
Assistant Planner
December 2025 – Present
Assigned to support the City of Laguna Beach under the View Preservation and Restoration contract.
• Assist in the facilitation and processing of View Preservation, View Restoration, and Hedge Height Claim applications pursuant to Laguna Beach Municipal Code Chapters

12.16 and 12.14, including intake review, documentation verification, and coordination of noticing and site visits.
• Prepare staff reports, findings, and public hearing materials, ensuring compliance with municipal code requirements and evidentiary standards for vegetation and view-related claims.
• Conduct development review and regulatory analysis to confirm consistency with zoning standards, selected viewing location criteria, and procedural requirements. • Coordinate with applicants, vegetation owners, and City staff to facilitate mediation scheduling, interdepartmental communication, and transparent case processing. • Provide high-level customer service and written correspondence to residents navigating complex view and hedge disputes, maintaining organized files and timely project tracking.

ARCADIS, San Diego
Water Resilience Consultant – Planning, Funding, and Policy Team Aug 2024 – Jul 2025
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• Supported municipal and state planning projects focused on land use, resilience, and hazard mitigation to strengthen disaster preparedness and recovery. • Prepared and managed FEMA BRIC, FMA, and HMGP funding applications, including development of work plans, budgets, and federally compliant Benefit-Cost Analyses (BCAs).
• Conducted Environmental and Historic Preservation (EHP) reviews using census data, spatial mapping, and socio-economic analysis to evaluate site conditions and community impacts.
• Contributed to the Virginia Flood Protection Master Plan and coordinated interagency technical reviews to ensure regulatory compliance and project alignment. • Helped secure over $8 million in funding for climate-resilient infrastructure projects.

Center for Hazards Assessment, Response, and Technology (CHART), New Orleans
Disaster Preparedness & Resilience Research Assistant
May 2022 – Aug 2024
• Led literature reviews on disaster recovery, hazard mitigation, and climate relocation to guide equitable redevelopment strategies.
• Analyzed qualitative and quantitative data for the HUD-funded Isle de Jean Charles Climate Relocation Project, preparing stakeholder reports and mapping analyses. • Collaborated with the Louisiana Governor’s Office to update the 2024 State Substantial Damage Plan in alignment with FEMA and ASFPM standards. • Supported Hurricane Ida recovery coordination with the City of New Orleans, assisting with field response and community resilience efforts.

Neighborhood Coalition, New Orleans
Community Development & Planning Intern
Jan 2024 – May 2024
• Advanced affordable housing and neighborhood revitalization through CDBG-supported redevelopment initiatives.
• Conducted GIS-based field surveys of 54 historic properties for a 15-Minute City pilot project.
• Developed presentation materials and shared findings at community meetings to ensure inclusive, community-driven planning outcomes.

San Diego Housing Federation, San Diego
Volunteer Workforce Intern
Sept 2025 – Present
• Supported the Affordable Housing Management Academy and Annual Affordable Housing Conference through logistics, outreach, and stakeholder coordination. 39 174 of 409
• Contributed to CalJOBS First grant proposal efforts to expand regional workforce development pathways.

EDUCATION
University of New Orleans
Master of Urban and Regional Planning – Environmental & Hazard Mitigation Specialization Jan 2023 – Dec 2024
Honor Roll Recipient
Student Liaison, American Planning Association – New Orleans Metro Section University of New Orleans
Bachelor of Arts in Sociology, Minor in Women and Gender Studies Aug 2021 – Dec 2022
Honor Roll Recipient
SKILLS
• View Preservation & Restoration Processing
• Hedge Height Claims Administration
• Municipal Code & Zoning Analysis
• Development Review
• Staff Report Preparation
• Environmental & Historic Preservation Review
• Grant Writing & Funding Proposals
• GIS & Spatial Analysis
• Community Engagement & Facilitation
• Hazard Mitigation & Climate Resilience
• Regulatory Compliance
• Project Management
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RON STANGE
Community Counterpart Services - Assistant Planner

PROFESSIONAL SUMMARY
Detail-oriented planning professional with experience in View Preservation, View Restoration, and Hedge Height Claim processing for municipal agencies in Southern California. Skilled in application review, site coordination, documentation preparation, and customer service. Strong working knowledge of municipal codes, permitting procedures, and interdepartmental coordination. Recognized for thoroughness, responsiveness, and the ability to guide property owners through complex regulatory processes.

PROFESSIONAL EXPERIENCE
Assistant Planner
Community Counterpart Services (CCS)
June 2025 – Present
Assigned to support the City of Laguna Beach Community Development Department with administration of View Preservation, View Restoration, and Hedge Height Claim applications. • Process View Preservation and View Restoration applications pursuant to Laguna Beach Municipal Code Chapter 12.16.
• Assist property owners in preparing and documenting Records of Views, including verification of selected viewing locations and coordination of required photographic documentation.
• Review and process Notices of Intent to File (Phase 1) and Formal View Restoration Applications (Phase 2), ensuring compliance with procedural and evidentiary requirements.
• Coordinate scheduling, site visits, and communication between property owners and CCS staff.
• Assist with preparation of staff documentation and public noticing materials. • Support intake, review, and processing of Hedge Height Claims pursuant to Municipal Code Chapter 12.14, including verification of noticing lists, plot plans, and required submittal materials.
• Provide direct customer service to residents navigating sensitive view and vegetation disputes, ensuring clear guidance and professional communication throughout the process.
• Maintain organized project files and ensure applications are complete, and accurate Independent Permit Consultant (Independent Contractor)
Southern California
2022 – 2025
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Provided permit expediting and coordination services for residential and commercial projects throughout Southern California.
• Prepared and submitted building applications to multiple municipal jurisdictions. • Coordinated with planning and building to secure project approvals. • Interpreted zoning codes, development standards, and municipal regulations to advise clients on project feasibility and compliance.
• Responded to plan check correction letters and facilitated revisions to ensure timely permit issuance.
• Scheduled inspections, managed project timelines, and served as liaison between property owners, project managers, and City staff.
• Successfully obtained permits across various Southern California cities, demonstrating strong knowledge of regional permitting practices and regulatory frameworks.

CORE COMPETENCIES
• View Preservation & Restoration Processing
• Hedge Height Claim Administration
• Municipal Code Interpretation
• Permit Expediting & Entitlements
• Site Visit Coordination
• Public Noticing Procedures
• Application Review & Documentation
• Customer Service & Stakeholder Communication
• File Management & Regulatory Compliance

PROFESSIONAL SKILLS
• Proficient in municipal permitting workflows
• Strong written and verbal communication
• Organized, deadline-driven, and detail-oriented
• Ability to manage multiple projects simultaneously
• Experience working with property owners, consultants, and City staff 42 177 of 409
Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"

COMPENSATION
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CCS Laguna Beach Fee Proposal
CCS is committed to offering flexible and accessible services tailored to the City’s specify needs and timelines. Below is an overview of our current rate schedule and services.

Classification Fee/Rate
Project Director/
Principal Planner
$155/per hour
Senior Planner $150/per hour
Associate Planner $140/per hour
Assistant Planner $125/per hour
Administrative Lead $65/per hour
Annually on July 1st CCS may initiate a rate increase based on the change in the Consumer Price Index for the area.
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STAFF REPORT
Meeting Date:

April 14, 2026

CONSENT
13 SUBJECT: AUTHORIZATION TO EXECUTE THE THIRD AMENDMENT TO THE

MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF ORANGE

FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM RECOMMENDATION: It is recommended that the City Council:

1. Authorize the City Manager to execute the Third Amendment to the Memorandum of Understanding with the County of Orange for the Community Development Block Grant Program, extending the term through June 30, 2027, and secure $140,326 to offset operational costs at the City’s Alternative Sleeping Location in Fiscal Year 2027; and

2. Find that the proposed action is not a “project” under the California Environmental Quality Act pursuant to CEQA Guidelines Section 15378(b)(4) and (5).

SUMMARY OF THE MATTER
The City participates in the Community Development Block Grant (CDBG) program through an agreement with the County of Orange that provides funding to support operations of the Alternative Sleeping Location (ASL) emergency shelter. Because Laguna Beach is a non entitlement jurisdiction under the federal CDBG program, the City receives access to these funds through the County rather than directly from the U.S.

Department of Housing and Urban Development (HUD). This Third Amendment extends that funding partnership through Fiscal Year 2026 to 2027.

The proposed Third Amendment would maintain funding for ASL operations. Key provisions include:
• Extends the term of the Memorandum of Understanding through June 30, 2027 • Allocates an additional $140,326 for Fiscal Year 2027 • Maintains funding for emergency shelter operations at the ASL All other terms and conditions of the original Memorandum of Understanding remain unchanged and in full force and effect.

DISCUSSION
The CDBG program is a federal funding source administered by the U.S. Department of Housing and Urban Development to support local programs, facilities, and services that principally benefit low and moderate income persons and address community development needs.

Non Entitlement Structure and Flow of Funds
Under the federal CDBG framework, larger jurisdictions receive funding directly from HUD and are referred to as entitlement communities. Jurisdictions that do not meet those thresholds are classified as non 1 of 448

AUTHORIZATION TO EXECUTE THE THIRD AMENDMENT TO THE MEMORANDUM OF

UNDERSTANDING WITH THE COUNTY OF ORANGE FOR THE COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
April 14, 2026