direction included the development of a Request for Proposals (RFP) for a Public Art Facilitator to initiate the first phase of the design, fabrication, and installation of a permanent memorial for the 3/5 Darkhorse Marine Battalion.
Staff presented the draft RFP to the City Council on January 28, 2020 (see Attachment 2 for the January 28, 2020 Staff report). At this meeting, the City Council directed Staff to issue the RFP and also formed a City Council Ad Hoc Committee comprised of then City Council Member Janine Heft and the late Council Member Dore Gilbert. The RFP was issued and by the proposal deadline of February 28, 2020, two proposals were received.
Unfortunately, shortly thereafter, the Corona Virus Pandemic was upon us and this project was put on hold.
Staff’s recommendation
Staff is in support of a public discussion and outreach process as outlined in the attached January 28, 2020, staff report for the establishment of a permanent monument memorializing the 3/5 Dark Horse Marine Battalion. Further, Staff recommends deferring any decision on the installation of the existing Memorial Stone until Phase 1 of the process (as described in Attachment 2) is complete.
There are some serious and sensitive considerations that must be addressed in the installation of permanent memorial including, but not limited to:
1) Should the memorial recognize all branches of the armed forces, honoring residents who died in the service of our country since the City’s incorporation and those 3/5 marines and sailors from Camp Pendleton?
2) What will be the current and long-term funding for the monument construction and maintenance?
3) How can an installation location minimize the occurrence of vandalism? 4) What location for the monument should be selected to be respectful in the appropriate placement of a permanent monument, understanding that its placement may change the character or feel of the area in which it is installed?
It is recommended the City Council:
7.3.1 Packet Pg. 764
3/5 Battalion Monument
March 22, 2022
1) Appoint a new City Council Ad Hoc Committee to address the memorial monument needs, location, scope and costs.
2) Re-initiate the RFP process to elicit proposals from qualified professionals and/or firms in the art community to provide focus group meeting facilitation services and to develop a monument theme and narrative description for a permanent public art monument memorializing the 3/5 Darkhorse Marine Battalion and, perhaps, other branches of the military represented with the community.
FISCAL IMPACT:
There will be some staff costs in administering the RFP process and facilitating Phase 1 of the design process. Consultant services costs are not yet known. The current balance in the City’s public art fund is $72,692.22.
ATTACHMENTS:
• Attachment 1 - History of the Stone
• Attachment 2 - January 28, 2020 Staff Report
7.3.1 Packet Pg. 765
USMC 5th Regiment Vietnam Memorial at Camp Pendleton - Panel # 14 On Memorial Day of 2018, a magnificent Memorial to the United States Marines was dedicated at Camp San Mateo on Marine Corps Base Camp Pendleton. The Memorial honors Marines of the 1
st Division, 5th Regiment who gave their lives in
the Vietnam conflict. The 5
th Regiment Vietnam Memorial occupies a space of
over 2000 sq. ft. in the Camp San Mateo Memorial Garden is comprised of six massive slabs of polished granite (over 5000 lbs. per panel). Each slab is engraved with the names of several hundred Marines for a total of 2,706 Marines. The idea to create a 5
th Regiment Vietnam Memorial was conceived by Vietnam
Veteran Steve Colwell (1st Batt. 5th Marines) several years ago and the process of bringing the memorial to fruition was a long and expensive process. Design, fabrication and installation of the memorial was contracted to Rock of Ages Corp. (RoA) of Vermont.
At some point during the installation of the Memorial, Rock of Ages and their subcontractor(s) determined that one of the six panels (2nd from the right above) was not cut to the correct dimensions. The out-of-spec piece, known as Panel #14, was cut too short in the horizontal dimension and therefore did not physically fit into the framework defined by the adjacent panels. A decision was made by RoA to remove the non-spec Panel #14 and replace it with a new panel
7.3.1.a
Packet Pg. 766 Attachment: Attachment 1 - History of the Stone (2796 : 3/5 Battalion Monument) of the correct size. A replacement Panel #14 was fabricated by RoA and subsequently installed to complete the Memorial site.
The Panel 14 story really begins with the replacement step because apparently no provisions were made for disposition of the original Panel 14. The original Panel #14, although removed from the display, remained intact and still carried the engraved names of 432 KIA Marines. To date, none of the parties involved in the Panel #14 replacement step can explain what transpired with the original piece after it was removed from the Memorial site. Apparently, neither the manufacturer, their contractor(s) nor the military had a plan or instructions for disposition of the original Panel #14
What we do know is that a granite memorial stone, later determined to be the original Panel # 14, was found over two years later in Ramona, California, some 70 miles away from the Camp Pendleton memorial. The Ramona Memorial stone was discovered lying flat on a trailer, apparently abandoned, in an outdoor equipment storage. Further, the Memorial had suffered serious physical damage/defacement, probably from a grinder.
September 2020 – Discovery of Panel 14
The first time I saw Panel 14 it was resting on a trailer that was parked in an equipment storage yard in Ramona, California. It appeared to be just a gray slab lying flat at eye level. It was obviously a big block with square corners, maybe a foot thick by about six feet long, lying flat on the trailer with another smaller black block lying on top of it. From the side you could not really determine what it was. Only the matte edges of the gray block were visible but on the black piece some brightly colored insignias stood out. The blocks on the trailer had obviously been there for a while as evidenced by a layer of dirt and debris while some boxes and lumber piled on top of the blocks added to the disguise. The insignia caught my eye but I could not identify it. Perhaps military, perhaps a clue to something? Curiosity got the best of me so I climbed up onto the trailer, (someone else’s property) to get a better look at these mysterious pieces. What I saw was a shock. Hard to explain but I somehow felt strangely embarrassed to have stumbled into someone’s funeral or private gravesite. I felt that I had invaded someone’s privacy, it was not was not proper to see this – nor should anyone else stumble into this. What I saw was a huge block of polished granite engraved with hundreds of names. The block was a 6’ x 6’ square slab of polished granite and it
7.3.1.a
Packet Pg. 767 Attachment: Attachment 1 - History of the Stone (2796 : 3/5 Battalion Monument) was clearly a Memorial Stone. The engraved names were arranged in three columns. Before each name was a military rank consistent with what I recognized as US Marine Corps rank structure. Beside each name was a calendar date with names and dates were arranged chronologically from 2-7-1968 at the upper left of the panel to 3-6-1969 at the bottom right. I was hit by the realization that this was a Memorial to Vietnam KIAs. And here I am inspecting it with the soles of my shoes! Get your feet off of it. Now! A better look at the colorful insignia confirmed it was from the Second Battalion 4th Marines, The Magnificent Bastards. Punch in the gut! I am looking at and standing on KIA Memorial Stone made to honor US Marines who made the ultimate sacrifice in Vietnam! Adding Injury to Insult. Several areas on the Panel showed the marks from where a grinding tool had been applied to it. The grinder damage was severe to the extent that the names of some twenty Marines had been completely obliterated.
I knew this situation was wrong. Anyone having a reasonable level of awareness would know that this was wrong. What is this Memorial doing on a trailer in Ramona? Why is this Memorial here in such a state of disrespect? What? Who? Why? Many questions so I started to ask around. Regulars in the equipment yard estimated that the trailer had been parked in the same spot for a year or two and the block had been on top of it from the start. A local search led me to the trailer’s owner, a Ramona businessman. He explained that the granite slab was incidental cargo that happened to be strapped to the flatbed trailer that he had purchased from a party in Oceanside in 2019. The new owner expressed to me that he recognized the significance of the Memorial Stone and was surprised and concerned at its current state of affairs. He readily agreed when I volunteered to Investigate the Stone.
(as I found it in 2020)
7.3.1.a
Packet Pg. 768 Attachment: Attachment 1 - History of the Stone (2796 : 3/5 Battalion Monument) Damage from grinder?
7.3.1.a
Packet Pg. 769 Attachment: Attachment 1 - History of the Stone (2796 : 3/5 Battalion Monument) Recovery of Panel 14?
After determining that something ought to be done about Panel 14, I began looking for help with the notion that some mistake had occurred and that some governmental/military authority would step in to take responsibility. A thorough description of the many and varied approaches to recovery of Panel 14 will only frustrate the reader I will just say that many attempts to generate interest and support for restoring Panel 14 to a place of respect went nowhere. Finally, I decided that if no one else was interested, then it would be my mission to see panel 14 gets back to place of dignity and respect.
7.3.1.a
Packet Pg. 770 Attachment: Attachment 1 - History of the Stone (2796 : 3/5 Battalion Monument) Repairs
All credit to the Honor Life team in Vista California for repairing Panel 14. Their skill and perseverance and Patriotism were key to the restoration.
7.3.1.a
Packet Pg. 771 Attachment: Attachment 1 - History of the Stone (2796 : 3/5 Battalion Monument)
7.3.1.a
Packet Pg. 772 Attachment: Attachment 1 - History of the Stone (2796 : 3/5 Battalion Monument)
7.3.1.a
Packet Pg. 773 Attachment: Attachment 1 - History of the Stone (2796 : 3/5 Battalion Monument) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: January 28, 2020
TO: Mayor and Council Members
FROM: Donald J. White
City Manager
ISSUE: Request for Proposals for Public Art Facilitator to Develop a Monument Theme and Narrative Description for a Permanent Monument Memorializing the 3/5 Darkhorse Marine Battalion and Selection of a City Council Ad Hoc Committee
RECOMMENDATION: That the City Council direct staff to issue the Request for Proposals and select and appoint two City Council members to serve on an ad hoc committee.
SUMMARY:
At the direction of the City Council, staff developed a Request for Proposals (RFP) for Public Art Facilitator to initiate the first phase of the design, fabrication, and installation of a permanent memorial for the 3/5 Darkhorse Marine Battalion at the Civic Center.
The scope of work in the RFP requires the selected proposer to: engage with numerous stakeholders identified by the City; lead and facilitate up to ten (10) community focus group meetings; review findings and action items with an ad hoc committee; and deliver a final report and make a presentation to the City Council by September 8, 2020, with a recommended monument theme and narrative description of the vision for the memorial. Staff is recommending that the City Council direct staff to issue the RFP and select and appoint two City Council members to serve on an ad hoc committee.
7.3.1.b
Packet Pg. 774 Attachment: Attachment 2 - January 28, 2020 Staff Report (2796 : 3/5 Battalion Monument) 3/5 Memorial Monument RFP for Public Art Facilitator
January 28, 2020
BACKGROUND:
In July 2019, the City Council directed staff to research and propose a process for the design, fabrication, and installation of a permanent memorial for the 3/5 Darkhorse Marine Battalion at the Civic Center. Subsequent to that meeting, staff met with the City’s Public Art Consultant, Karen Robbins, Chair of Team Darkhorse, and Marine Major Joseph Patterson who was attached to the 3/5 during their historic deployment to Afghanistan. Based on these initial consultations, staff returned to the City Council in October 2019 with a recommended two-phase approach for completing the memorial project.
Phase 1 – Development of Monument Theme and Narrative Description The purpose of the first phase of the project is to initiate an inclusive community outreach program and design process for the development of a monument theme and narrative description. To implement Phase 1 in a manner that is highly sensitive to the perceptions, feelings, and expectations of community members that are connected to this memorial, staff developed a Request for Proposals (RFP) for Public Art Facilitator (attached). The primary objective of the memorial facilitator is to lead a series of visionary focus group meetings with the various stakeholders, distill input and feedback in a meaningful way, and present a written statement of the monument theme and a narrative description that properly captures the community’s input and interests.
The RFP requires the selected memorial facilitator to engage with numerous stakeholders that the City has identified which include the following at a minimum:
Goldstar families, current Team Darkhorse members, former Team Darkhorse members, veterans of the 3/5, leaders of the 3/5 Marine Battalion, City leaders, and interested Laguna Hills residents.
Other requirements detailed in the scope of work include the following:
• Kick Off Meeting: A kickoff meeting led by the memorial facilitator outlining the purpose, roles, expectations for participation, meeting format, and recommended schedule for focus group meetings and other meetings. • Stakeholder Outreach: The memorial facilitator will assist the City with stakeholder engagement and outreach, relationship building, and establishing effective communications channels.
7.3.1.b
Packet Pg. 775 Attachment: Attachment 2 - January 28, 2020 Staff Report (2796 : 3/5 Battalion Monument) 3/5 Memorial Monument RFP for Public Art Facilitator
January 28, 2020
• Focus Group Meetings: Led by the memorial facilitator, the City will hold up to ten (10) focus group meetings that will take place in-person, by telephone conference, or by webinar.
• Review Meeting with a City Council Ad Hoc Committee: After completion of all focus group meetings, the facilitator will meet with an ad hoc committee to discuss their findings and action items.
• Final Report and City Council Presentation: Following the conclusion of the focus group meetings, the facilitator will prepare a report and make a presentation to the City Council detailing the findings of each meeting and possible monument themes based on stakeholder feedback. In addition, the facilitator will include a recommended monument theme and narrative description of the concept and vision for the memorial, which will be integral to the second phase of the project. • Tentative Schedule:
RFP Issued February 6, 2020
RFP Questions Due February 14, 2020 at 5 p.m.
Proposals Due February 21, 2020 at 5 p.m.
Tentative Interviews Week of March 2, 2020
City Council Award of Agreement April 14, 2020
Start Date March 25, 2020
Final Report and
City Council Presentation On or before September 8, 2020 Phase 2 – Artist Selection Process and Commissioning
Following the completion of Phase 1, staff will prepare and issue a second RFP to initiate a nationwide artist selection process. In addition to the City Council approved monument theme, visionary concept and narrative description from Phase 1, the RFP would include:
• Scope of Work
• Specifications
• Proposed Timeline
• Submission Guidelines
7.3.1.b
Packet Pg. 776 Attachment: Attachment 2 - January 28, 2020 Staff Report (2796 : 3/5 Battalion Monument) 3/5 Memorial Monument RFP for Public Art Facilitator
January 28, 2020
• Second Phase Process
• Site/Size Parameters
• Budget
• Artist Application Form
This phase will be distributed throughout the United States and open to all artists who wish to participate in the selection process.
Ad Hoc Committee
Staff recommends that the City Council establish an Ad Hoc Advisory Committee solely comprised of two City Council members to: (1) Assist staff in interviewing selected candidates that submitted an RFP for Public Art Facilitator; (2) Thereafter, recommend a finalist candidate to the entire City Council; and (3) Review findings and action items from the selected public art facilitator. Consistent with state law requirements, it should be noted that staff is recommending that the proposed Ad Hoc Advisory Committee remain active for a limited duration of no more than one year, so as to not constitute a Standing Committee. Should the City Council move forward with establishing the Ad Hoc Advisory Committee, the City Council would also need to select two City Council members to serve on the Committee.
ATTACHMENTS:
• RFP for Public Art Facilitator
7.3.1.b
Packet Pg. 777 Attachment: Attachment 2 - January 28, 2020 Staff Report (2796 : 3/5 Battalion Monument)
REQUEST FOR PROPOSALS (RFP)
FOR
PUBLIC ART FACILITATOR
CITY OF LAGUNA HILLS
24035 El Toro Road
Laguna Hills, CA 92653
(949) 707-2650
RFP Dates
RFP Issued February 6, 2020
RFP Questions Due February 14, 2020 at 5 p.m.
Proposals Due February 21, 2020 at 5 p.m.
Tentative Interviews Week of March 2, 2020
City Council Award of Agreement April 14, 2020
Start Date March 25, 2020
Final Report and
City Council Presentation On or before September 8, 2020
7.3.1.b
Packet Pg. 778 Attachment: Attachment 2 - January 28, 2020 Staff Report (2796 : 3/5 Battalion Monument) 1 INTRODUCTION
The City is seeking proposals from qualified professionals and/or firms in the art community (“Proposer”) to provide focus group meeting facilitation services and to develop a monument theme and narrative description for a permanent public art monument memorializing the 3/5 Darkhorse Marine Battalion at the Laguna Hills Civic Center (hereafter referred to as “Services”).
The City is highly interested in Proposers whose background includes working with design projects that represent a selected historical story.
At this point in time, a permanent memorial to the 3/5 is simply an idea. Critical questions need to be asked and answered. What is the theme? What story, or stories, are we trying to tell? What memories do we want to invoke? What do we want people to take away from the memorial? The process to be undertaken needs to be as inclusive as possible and highly sensitive to the perceptions, feelings and expectations of all who have a stake in this memorial. Toward this end, the City is undertaking a process with two distinct phases. • Phase 1: Development of Monument Theme and Narrative Description • Phase 2: Artist Selection Process and Commissioning
The suggested scope of work for Services is listed in Section 2 of this RFP document. It is the intent of the City to execute an agreement with the selected Proposer for Services.
1.1 Purpose
Initiate a community outreach program and design process for a permanent memorial for the City’s adopted 3/5 Darkhorse Marine Battalion and report back to the City Council with findings on focus group meeting outcomes and design directions.
1.2 Historical Perspective of the Project
The Laguna Hills City Council formally adopted the 3rd Battalion, 5th Marines, 1st Division (“3/5”) based out of Camp Pendleton in August 2007, and later helped establish a volunteer committee known as Team Darkhorse to support the 3/5. Since that time, the 3/5 Darkhorse Marine Battalion has become an integral part of the Laguna Hills community and its identity.
On an annual basis, the City hosts the “Laguna Hills Memorial Day Half Marathon, 10K, and 5K, Honoring the United States Marine Corps Dark Horse Battalion” – a major racing event that draws international and regional attendance – to honor the soldiers who lost their lives in Afghanistan during “Operation Enduring Freedom”.
From October 2010 to April 2011, the 3/5 was on deployment to the Sangin District, Helmand Province, Afghanistan. During this deployment, which was part of “Operation Enduring
7.3.1.b
Packet Pg. 779 Attachment: Attachment 2 - January 28, 2020 Staff Report (2796 : 3/5 Battalion Monument) Freedom,” the 3/5 had 25 marines killed in action and over 200 were wounded. This was the greatest number of casualties suffered by a Marine battalion since the Vietnam War.
1.3 Stakeholders
The City has identified the following stakeholders (hereafter referred to as “Stakeholders”) of which the Proposer will be required to engage:
• Goldstar Families
• Current Team Darkhorse Members
• Former Team Darkhorse Members
• Veterans of the 3/5
• Leaders of the 3/5 Marine Battalion
• City Leaders
• Interested Laguna Hills Residents
2 SCOPE OF WORK
The following represents the general scope of work for Services. The City expects that the selected Proposer (hereafter, “Facilitator”) will present a final report and make a presentation to the City Council by the September 8, 2020, City Council meeting.
2.1 Kick Off Meeting
The Facilitator will prepare for and facilitate the first meeting with City staff outlining the purpose, roles, expectations for participation, meeting format, and recommended schedule for future meetings. This may include distribution of an information packet prepared by City staff with background materials to inform the Facilitator’s work. Facilitator services include preparation of meeting agenda, information for any public notices, meeting facilitation, and meeting summary with action items and next steps as appropriate.
2.2 Stakeholder Outreach
The Facilitator will assist the City in identifying Stakeholder engagement opportunities and with building relationships and communications channels. In addition, the Facilitator will provide timely information to Stakeholders to effectively inform and engage them throughout
7.3.1.b
Packet Pg. 780 Attachment: Attachment 2 - January 28, 2020 Staff Report (2796 : 3/5 Battalion Monument) the entirety of the project. The Facilitator will assist in interviewing and surveying stakeholders to hear perspectives on key issues, interests, and concerns.
2.3 Focus Group Meetings
The Facilitator will prepare for and facilitate up to ten (10) in-person, telephone conference, or webinar focus group meetings to identify Stakeholder issues, interests, and concerns to inform the Facilitator’s design considerations for the memorial monument. During the course of these meetings, City staff will provide information and materials as appropriate.
The Facilitator will prepare meeting agendas, information for any public notices, meeting facilitation, and meeting summary with action items and next steps as appropriate. Following these visionary focus group meetings, the Facilitator will draft for City review, the conclusions of each meeting and possible monument themes and narrative concepts that represent what was conveyed throughout the Phase 1 process.
2.4 Review Meeting with the Ad Hoc Committee
The Facilitator will prepare for and facilitate a meeting with the City Council Ad Hoc Committee after focus group meetings have been completed to review the Facilitator’s findings and action items, as needed.
2.5 Final Report and City Council Presentation
The primary objective of the Facilitator is to lead a series of visionary focus groups among the various stakeholders, distill the input and feedback, and ultimately present a written statement of the monument theme and a narrative description of the concept and vision that captures as inclusively as possible, the perceptions, feelings and expectations of stakeholder groups. Following the conclusion of the up to ten (10) focus group meetings, the Facilitator will prepare a report and make a presentation to the City Council detailing the findings of each meeting and possible monument themes based on Stakeholder feedback. In addition, the Facilitator will include a recommended monument theme and narrative description of the concept and vision for the memorial, which will be integral to the Phase 2 Artist Selection Process and Commissioning.
3 SCHEDULE
The tentative schedule for this procurement process is as follows:
RFP Issued February 6, 2020
RFP Questions Due February 14, 2020 at 5 p.m.
7.3.1.b
Packet Pg. 781 Attachment: Attachment 2 - January 28, 2020 Staff Report (2796 : 3/5 Battalion Monument) Proposals Due February 21, 2020 at 5 p.m.
Tentative Interviews Week of March 2, 2020
City Council Award of Agreement April 14, 2020
Start Date March 25, 2020
Final Report and
City Council Presentation On or before September 8, 2020 4 PROPOSAL REQUIREMENTS
The Facilitator is responsible for preparing an effective, clear, well-organized and concise formal written proposal. In order to be considered for selection, consultant firms must submit a complete response to this RFP that includes the following mandatory information and/or requirements in the following format. Failure to provide any of the information requested below may be cause for the proposal to be rejected.
4.1 Transmittal Letter
A transmittal letter introducing the firm and the individual who will be the primary contact person.
4.2 Executive Summary
An executive summary.
4.3 Firm Background Information
Background information including specific qualifications and experience in conducting related work. The information below must be included:
a. Describe the firm’s organizational structure and explain how the firm is qualified to be responsive to the specific requirements of this RFP. b. Describe the firm’s qualifications and experience providing similar services as required in this RFP.
c. Provide a project staffing organizational chart listing proposed personnel assigned to this project. Include assigned duties, and comprehensive resumes for each individual listed. Resumes must list education, training, professional work experience, and a listing of work performed comparable to that described within this RFP.
7.3.1.b
Packet Pg. 782 Attachment: Attachment 2 - January 28, 2020 Staff Report (2796 : 3/5 Battalion Monument) d. References: Provide a list of at least three (3) clients for whom you have conducted and completed a comparable project within the last five (5) years. Indicate client organization name, contact person, and phone number.
e. Summary of RFP Requirements: Provide on no more than one (1) printed page of the firms’ understanding of the requirements stated in this RFP. f. Approach to Scope of Work: Provide a detailed description of the steps that will be taken to complete all tasks identified in Section 2 of this RFP. g. Schedule of Performance: Provide a proposed Schedule of Performance, including a time line for project completion:
i. Provide a project schedule identifying start and end dates for each phase of the project – include milestones, submittal of deliverables, and each task required for the successful and timely completion of each phase of the project. ii. Indicate the earliest date the firm would be able to commence work on this project.
h. Use of Sub-Contractors or Sub-Consultants: Indicate in the firm’s proposal any portion of work that would be performed by a sub-contractor. Provide information on all subcontractors. i. Schedule of Compensation/Fees: Provide a separate sealed proposed Schedule of Compensation/Fees to perform all work identified in Section 2 within this RFP. Include all proposed incidental or professional hourly fees/rates. j. Financial Interests: A certificate, signed under penalty of perjury, regarding disclosure of financial interests of City/District officials or employees with the firm (See, Exhibit II).
k. Authorized Signatory: The name, title and signature of a corporate officer that is authorized to contractually bind the firm. Please include a corporate resolution evidencing authorized signatory. The proposal must be a firm offer valid for a 60-day period.
l. Proposal Copies: Submit one (1) original copy and three (3) copies of the proposal.
Also include one copy in PDF format via USB drive or email.
7.3.1.b
Packet Pg. 783 Attachment: Attachment 2 - January 28, 2020 Staff Report (2796 : 3/5 Battalion Monument) 5 SELECTION PROCESS
Each proposal received will be evaluated and reviewed to determine if it meets the stated requirements set forth in this RFP. The top finalists will be required to make an oral presentation to an evaluation team, which will be comprised of the City Council Ad Hoc Committee, the City’s public art consultant, and City staff.
Proposals timely submitted will be evaluated using the criteria listed below:
• Demonstrated understanding of the professional services requested. • Prior experience in performing similar projects.
• Qualifications of the firm and assigned project consultants. • Overall project design and methodology.
• Time line for project completion / proposed schedule. • Professional Fees/HourlyRates/Cost.
• Reference Checks.
Selection by the City for professional services shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required, and shall not be awarded solely on the basis of cost. Selection will be made to ensure that such services are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the City. The City shall consider price after the City is satisfied that the would-be person, company, corporation, contractor, consultant, or firm has demonstrated the competence and professional qualifications necessary for the satisfactory performance of the services required.
All questions concerning this RFP are to be made via email, or phone, and directed to:
Don White
City Manager
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
949-707-2620
[email protected]
7.3.1.b
Packet Pg. 784 Attachment: Attachment 2 - January 28, 2020 Staff Report (2796 : 3/5 Battalion Monument) Proposals must be received by the City of Laguna Hills City Clerk by 5:00 p.m., Friday, February 21, 2020. The Proposer must submit one (1) original, three (3) printed copies, and one (1) copy in PDF format via USB drive or email.
6 GENERAL INFORMATION
The City of Laguna Hills reserves the right to reject any or all proposals and will not be liable for any costs incurred by responding firms relating to the preparation of proposals or making of presentations.
• Costs for developing responses to this RFP or for attending bidder’s meetings prior to the award of the contract are entirely the responsibility of the Proposer and shall not be chargeable to the City.
• Proposals must be valid for a minimum of 60 days.
• The City reserves the right to expand or diminish the Scope of Work subject to negotiation with the successful Proposer.
• The City is not required to select the proposal that may indicate the lowest price or costs.
The City may reject all proposals when, in its sole discretion and opinion, none of them meet the requirements or specifications of this RFP, the benefits derived will be less than anticipated or desired, or the rejection is in the best interest of the City. If all proposals are rejected, the City may or may not request additional proposals. • A copy of the City’s Sample Draft Consulting Services Agreement has been included as an attachment to this RFP (Exhibit III). The successful firm shall be required to adhere to the provisions of the City’s standard form Consulting Services Agreement, including providing the required proof of insurance coverages described therein. The attached sample draft Consulting Services Agreement is subject to revision and modification upon final. • In the event it becomes necessary to revise any part of this RFP, addenda will be provided in writing to all Proposers.
Thank you very much for taking your valuable time to respond to this RFP.
Exhibits
Exhibit I - Proposed Site.
Exhibit II - Certificate of Employment Relationships and Financial Interest.
Exhibit III - City’s Sample Draft Consulting Services Agreement.
7.3.1.b
Packet Pg. 785 Attachment: Attachment 2 - January 28, 2020 Staff Report (2796 : 3/5 Battalion Monument) Exhibit I 7.3.1.b Packet Pg. 786
Attachment: Attachment 2 - January 28, 2020 Staff Report (2796 : 3/5 Battalion Monument) Exhibit I 7.3.1.b Packet Pg. 787
Attachment: Attachment 2 - January 28, 2020 Staff Report (2796 : 3/5 Battalion Monument) Exhibit II
CITY OF LAGUNA HILLS
CERTIFICATE OF
EMPLOYMENT RELATIONSHIPS
AND FINANCIAL INTERESTS
NAME OF ENTITY:
EMPLOYMENT RELATIONSHIPS WITH CITY OFFICIALS OR CITY EMPLOYEES:
FINANCIAL INTERESTS OF CITY OFFICIALS OR CITY EMPLOYEES IN THE ENTITY:
(If known and applicable, please state the percentage of ownership interest) I declare, under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct.
Signed this day of , 2020, at
, California.
Name:
Signature:
Title:
7.3.1.b
Packet Pg. 788 Attachment: Attachment 2 - January 28, 2020 Staff Report (2796 : 3/5 Battalion Monument) 6909-CSA09232016
1416622.1
1 CONSULTING SERVICES AGREEMENT
(Company Name)
(XXX Services)
THIS AGREEMENT FOR XXXXXX SERVICES (hereinafter “Agreement”) is made and entered into, to be effective this 1
st day of July 2019, by and between the CITY OF
LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California (hereinafter referred to as “City”), and XXXXXXX, a California corporation (hereinafter referred to as “Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has determined that there is a need to continue to retain the professional services of a qualified consultant equipped and specially trained in appropriate procedures to provide emotional aid and practical support services to victims of traumatic events and their families in the first few hours following tragedy in the City of Laguna Hills on an as-needed, oncall basis for FY 2019-2020 (the “Project”).
B. Consultant has submitted to City a written proposal, dated May 1, 2019 to provide continued trauma victim intervention support services to City for the Project at the same cost pursuant to the terms and conditions of this Agreement.
C. Consultant represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, and expertise to provide these services to City for the Project and has agreed to provide such continued services as provided herein. City does not have the personnel, training, or specialized expertise able to perform the work and services contracted for herein.
D. City desires to continue to retain Consultant to provide such professional services for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Consultant agrees to continue to provide and perform on an as-needed, on-call basis trauma victim intervention support services to City for the Project as described and as set forth in Consultant’s Proposal/Scope of Work, dated May 1, 2019, as well as a one-page Scope of Services/Work Summary Sheet, which are attached hereto collectively
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2 as Exhibit “A” and are incorporated herein by reference (hereinafter referred to as the “Scope of Services,” the “Services” or “Work”). As a material inducement to the City entering into this Agreement, Consultant acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant’s Services and Work shall be performed in a skillful and competent manner and shall be held to a standard of quality and workmanship prevalent in the industry for such Services and Work and with the standards recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and warrants that it is skilled in the professional discipline necessary to perform the Services and Work and that it holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement. Consultant represents and warrants that it and all of its employees, subconsultants and subcontractors providing any Work or Services under this Agreement shall have sufficient skill and experience to perform the Work or Services assigned to them. All Services and Work shall be completed to the reasonable satisfaction of the City.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; and, (2) the Consultant’s signed, original May 1, 2019 proposal submitted to the City (“Consultant’s Proposal”), as well as a one-page Scope of Services/Work Summary Sheet, which shall all be referred to collectively hereinafter as the “Contract Documents.” The Consultant’s Proposal, as well as the one-page Scope of Services/Work summary sheet, are each attached hereto as Exhibit “A” and are hereby incorporated by reference and made a part of this Agreement. All provisions of the Contract Documents shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms of this Agreement; and, (2nd) the provisions of the Consultant’s Proposal.
1.3 Compliance with Law. Consultant shall comply at all times during the term of this Agreement with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable fair labor standards and Cal/OSHA requirements. 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 Work and 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 performing the Work and Services. If Consultant performs any Work or Services in violation of such laws, rules, and regulations, Consultant shall be solely responsible for all penalties and costs arising therefrom. Consultant shall defend, indemnify, and hold 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 such laws, rules, or regulations.
1.4 Licenses, Permits, Fees, and Assessments. Prior to performing any Services or Work hereunder Consultant shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement
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3 and any extension, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, and approvals of whatever nature that are legally required to perform the Work or Services.
1.5 Familiarity with Work. By executing this Agreement, Consultant represents and warrants that it (a) has thoroughly investigated and considered the Scope of Work or Services to be performed, (b) has carefully considered how the Services should be performed and has carefully examined the location or locations at or with respect to where such Services or Work is to be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.
1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services (Exhibit “A”) or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating therein any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Consultant. It is expressly understood by Consultant that the provisions of this section shall not apply to the Work and Services specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of whether the time or materials required to complete any Work or Service identified in the Scope of Services exceeds any time or material amounts or estimates provided therein.
1.9 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Consultant further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.
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4 2. COMPENSATION
2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Consultant shall be compensated by City for the services performed in accordance with the rates and charges set forth in the Schedule of Compensation/Fees, which is attached hereto as Exhibit “A” and is incorporated herein by reference, but not exceeding the total maximum contract amount of Three Thousand Six Hundred Forty Dollars ($3,640.00) (hereinafter referred to as the "Maximum Contract Amount"). The method of compensation shall be as set forth in Exhibit “A”. The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.
2.2. Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation/Fees (Exhibit “A”), in any month in which Consultant wishes to receive payment, no later than the tenth (10th) working day of such month, Consultant shall submit to the City, in a form approved by the City’s Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Laguna Hills City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance.
3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance, which is attached hereto as
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5 Exhibit “A” and is incorporated herein by reference. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant such an extension.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified.
The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section.
3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of twelve (12) months, commencing on July 1, 2019 and ending on June 30, 2020, unless extended by mutual written agreement of the Parties.
[-OR- … shall continue in full force and effect until the Project is completed.]
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Wayne Fortin, Founder & CEO. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Work or Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out
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6 the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City.
Consultant shall not contract with any other entity to perform the Services required without prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant.
4.4 Independent Contractor.
A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Consultant will determine the means, methods and details of performing the Sevices subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees or agents, shall not maintain a permanent office or fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s officers, employees, representatives or agents or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.
B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.
C. No City benefits shall be available to Consultant, its officers, employees, or agents, in connection with the performance of any Work or Services under this Agreement.
Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing any
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7 Work or Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, representatives, agents, or subconsultants or subcontractors, Consultant shall defend, indemnify, and hold harmless City from and against all such financial obligations.
4.5 PERS Eligibility Indemnification.
A. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing any Work or Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing any Work or Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
5. INSURANCE
5.1 Compliance with Insurance Requirements. Consultant shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section.
Consultant shall not commence any Work or Services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Consultant’s existing insurance policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
5.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Consultant shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:
A. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance written on an occurrence basis with limits of at least one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) in the general aggregate, and one million dollars ($1,000,000.00) for products and completed operations.
Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or
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8 provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
B. Automobile Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) combined limit for each occurrence covering bodily injury and property damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.
C. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.
5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
5.4 Insurance Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. 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. The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:
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9 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; and
2. Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Consultant, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
3. Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Consultant’s failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice.
B. For all policies of Commercial General Liability Insurance, Consultant shall provide endorsements for ongoing operations and completed operations to effectuate this requirement.
5.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance 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 selfinsured retention.
5.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability Insurance 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.
5.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Consultant hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Consultant hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.
5.8 Evidence of Coverage. Concurrently with the execution of the Agreement, Consultant shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted
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10 to the City for written approval. The certificates of insurance and original 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. Consultant shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage.
5.9 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 requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
5.10 Enforcement of Agreement (Non-Estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of any noncompliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.
5.11 Insurance for Subconsultants. Consultant shall either: (1) include all subconsultants or subcontractors engaged in any Work or Services for Consultant relating to this Agreement as additional named insureds under the Consultant’s insurance policies; or (2) Consultant shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Consultant’s subconsultants or subcontractors performing any Work or Services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers, as additional insureds. Consultant shall not allow any subconsultant or subcontractor to commence any Work or Services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.
5.12 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Consultant pursuant to this Agreement:
A. Consultant shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.
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11 B. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
C. None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.
D. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
E. Consultant agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.
F. Consultant agrees to provide immediate written notice to City of any claim, demand or loss against Consultant arising out of the Work or Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.
6. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify, protect, and hold harmless City, its officials, officers, employees, agents and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Consultant’s employees included), for damage to property, including property owned by City, or from any violation of any federal, state, or local law or ordinance, which Claims arise out of, pertain to, or are related to Consultant’s performance under this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability hereunder.
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12 7. REPORTS AND RECORDS
7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Consultant covenants and agrees
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13 to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting Party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Termination. City may terminate this Agreement for any reason, with or without cause, upon giving Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, Consultant reserves the right to terminate this Agreement at any time upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine.
8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.
8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Attorneys’ Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees,
7.3.1.b
Packet Pg. 801 Attachment: Attachment 2 - January 28, 2020 Staff Report (2796 : 3/5 Battalion Monument) 6909-CSA09232016
1416622.1
14 expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of any state statute or regulation. Consultant represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Notices or other communications shall be addressed as follows:
To City: City of Laguna Hills
Attention: City Manager
24035 El Toro Road
Laguna Hills, California 92653
7.3.1.b
Packet Pg. 802 Attachment: Attachment 2 - January 28, 2020 Staff Report (2796 : 3/5 Battalion Monument) 6909-CSA09232016
1416622.1
15 Telephone: (949) 707-2600
Facsimile: (949) 707-2633
To Consultant: Trauma Intervention Programs, Inc.
Attention: Wayne Fortin, Founder & CEO
24301 Airporter Way
Laguna Niguel, California 92677
Telephone: (714) 314-0744
10.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof.
No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.3 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.4 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.5 Third Party Beneficiary. Nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.
10.6 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.7 Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he/she is signing is bound.
[SIGNATURES ON NEXT PAGE]
7.3.1.b
Packet Pg. 803 Attachment: Attachment 2 - January 28, 2020 Staff Report (2796 : 3/5 Battalion Monument) 6909-CSA09232016
1416622.1
16 SIGNATURE REQUIREMENTS --
For Consultants that are a corporation, two (2) Corporate Officers must sign and staff may request that a copy of their corporate resolution confirming the names and titles of their authorized signatories be provided to the City in advance for review and approval, and the signature requirements are as follows:
1) One signature by the Chairman of the Board, the President, or the Vice President, -And2) One signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or an Assistant Treasurer.
For Consultants that are not a corporation, signature requirements are as follows: the person who has authority to bind the business entity must sign.
7.3.1.b
Packet Pg. 804 Attachment: Attachment 2 - January 28, 2020 Staff Report (2796 : 3/5 Battalion Monument) 6909-CSA09232016
1416622.1
17 IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“CITY”
City of Laguna Hills,
a California municipal corporation
[Per Procurement Authority]
[City Manager / or Mayor]
ATTEST:
(SEAL)
MELISSA AU-YEUNG,
Deputy City Manager/City Clerk
APPROVED AS TO FORM:
GREGORY E. SIMONIAN,
City Attorney
“CONSULTANT”
Trauma Intervention Programs, Inc.
a California corporation
By:
WAYNE FORTIN, Founder & CEO
By:
ANNE EBERWEIN,
Admin Secretary/Assistant Treasurer
7.3.1.b
Packet Pg. 805 Attachment: Attachment 2 - January 28, 2020 Staff Report (2796 : 3/5 Battalion Monument) 1416622.1
EXHIBIT “A”
CONSULTANT’S PROPOSAL,
DESCRIPTION OF SCOPE OF SERVICES/WORK,
AND
MAY 1, 2019 REQUEST FOR CONTRACT RENEWAL AND FY 2019/20 FEES
SCOPE OF SERVICES/WORK SUMMARY SHEET FOR PROJECT
INCLUDING,
SCHEDULE OF PERFORMANCE
AND
SCHEDULE OF COMPENSATION/ FEES
7.3.1.b
Packet Pg. 806 Attachment: Attachment 2 - January 28, 2020 Staff Report (2796 : 3/5 Battalion Monument) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: March 22, 2022
TO: Mayor and Council Members
FROM: Captain Matthew Stiverson
Chief of Police Services
ISSUE: 2021 Laguna Hills Police Services Annual Report
RECOMMENDATION: That the City Council receive and file the 2021 Laguna Hills Police Services Annual Report.
SUMMARY:
Throughout calendar year 2021, the City of Laguna Hills was faced with the continuing COVID-19 Pandemic and a few concerning crime incidents to which the Orange County Sheriff’s Department appropriately responded. These issues created complex situations, which presented challenges within our community and surrounding jurisdictions, requiring new approaches and creative solutions to address public safety issues. Positive steps were taken and public safety improvements were accomplished.
The 2021 Police Services Annual Report is submitted and provides the details of the past year’s operations.
BACKGROUND:
2021 Laguna Hills Polices Services Annual Report
For the last thirty years, the City of Laguna Hills has contracted with the Orange County Sheriff’s Department for its law enforcement needs. Laguna Hills Police Services is responsible for public safety and general law enforcement within the City, including patrol services, traffic enforcement, and criminal investigations. Presented for City Council information is the attached Police Services Annual Report for 2021.
7.4.1 Packet Pg. 807
2021 Laguna Hills Police Services Annual Report
March 22, 2022
Laguna Hills Police Services consists of a dedicated staff of one captain, five sergeants, two investigators, seventeen deputies, two Community Services Officers and one Crime Prevention Specialist. The deputy roles and responsibilities include General Law Enforcement (Patrol), Traffic Enforcement (Motorcycle Deputy), School Resource Officer, Behavioral Health Liaison Officer, Special Enforcement Team, and Directed Enforcement Team.
The greater Orange County Sheriff’s Department works hard to mitigate crime and ensure public safety in our City, as well. Many divisions and specialty details work closely with Laguna Hills patrol deputies to prevent, deter, and effectively respond to criminal activity. They provide a wide array of law enforcement resources that help protect our residents and ensure safety within our community. An undeniable benefit of the current contracting model for Police Services is the vast amount of resources that can be made available to the City on an emergency or scheduled basis.
Under normal circumstances, all communities experience some level of criminal activity, which is the primary focus of law enforcement. Over the last year, there have been shifts in crime trends throughout southern California. Noticeably, increases in automobile thefts, catalytic converter thefts, mail theft, identity theft, family violence, assaults, driving under the influence (DUI) violations, narcotics violations, and gang related activity. Our City has also experienced these fluctuations in crime trends throughout our community.
A few highlights from the past year statistics are as follows as are further detailed in the attached Annual Report. Deputies responded to a total of 14,431 calls for service, a slight increase from the same time frame in 2020, when deputies responded to 13,680 calls for service. Other notable statistics include the total number of arrests made this calendar year. These include: 201 Street Arrests; 195 Citation Arrests; and 68 Warrant Arrests, for a total of 464 arrests to date. We have experienced a significant increase in Citation Arrests from the previous year and expect this trend to continue into the next calendar year. The majority of Citation Arrests are related to narcotics violations occurring throughout the community and increased proactive measures by Police Services to address those emerging trends.
Over the last year, we saw an increase in gang activity primarily related to vandalism, graffiti, narcotics violations, and assaults, such as fighting between rival gang members.
In response to this activities, Laguna Hills Police Services, in collaboration with Sheriff’s Investigations and a variety of specialty enforcement units, increased patrol checks,
7.4.1 Packet Pg. 808
2021 Laguna Hills Police Services Annual Report
March 22, 2022
enforcement activities, and surveillance in the region. This included both uniformed deputies in marked patrol vehicles and undercover deputies in unmarked vehicles. The Gang Enforcement Team (GET) was fully engaged in our operations and conducted saturation patrols in and around the Community Center and Sports Complex and adjacent residential communities, specifically targeting gang related criminal activity.
These increased proactive enforcement operations resulted in many arrests over the last several months. Of particular note, during 2021, GET made 38 arrests in the City. In contrast, GET arrests in Laguna Hills for all of 2020 totaled 19. This increase is directly related to the targeted enforcement operations conducted in response to incidents and community concerns.
Over the last year, there was a significant increase in the total number of Homeless Assisted with Resources, from 176 in 2020 to 217 in 2021. On a positive note, the City experienced a significant decrease in enforcement actions related to homeless activity.
Total arrests and citations related to homeless activity decreased from 67 in 2020 to 16 in 2021. This is directly attributable to the proactive measures taken by Police Services to address these concerns through a combination of outreach and enforcement efforts, including the City’s contracted services with Mercy House.
Volunteers (Reserves, Professional Services Responders, and Explorers) are a key resource for assistance and cost reduction. Unfortunately, volunteer operations were severely impacted by the pandemic due to the various restrictions put in place. Even with those limitations, the use of Reserves throughout the year resulted in a cost savings of $128,835.75 for the City. The use of Professional Services Responders (PSRs) also played a significant role to our operations, which resulted in a cost savings of $14,168.00 for the City. Reserves and PSRs filled a critical need during a time when resources were stretched to the maximum and funding sources were scarce. The Explorer program was also significantly impacted by COVID-19 restrictions. The Explorers still played a valuable role in our operations, which resulted in a cost savings of $3,262.50. Laguna Hills has enjoyed a very active Explorer Program over the years and we look forward to revitalizing the program when it is appropriate to do so.
Automated License Plate Reader (ALPR) Program
An additional investigative resource and deterrent to criminal activity that was added to the City in 2021 is the ALPR program.
Flock Safety Inc. is an ALPR vendor who provides ALPR system services to many agencies, municipalities, and private entities throughout the nation. Currently, Flock
7.4.1 Packet Pg. 809
2021 Laguna Hills Police Services Annual Report
March 22, 2022
Safety provides ALPR services for the Sheriff’s Contract Cities of Stanton, Lake Forest, and Laguna Hills. Flock Safety is currently in negotiations with several other cities throughout Orange County.
The City of Laguna Hills entered into a contract agreement with Flock Safety Inc. in July 2021 to provide a fixed ALPR System as part of the City’s overall public safety efforts.
The initial contract included the installation of ten ALPRs at strategic locations throughout the city.
The ten ALPRs were installed, and initial training provided to Police Services staff during July and August 2021. The system officially went active in the City on September 1, 2021. An additional ten (10) ALPRs were added to the system during the month of December and went active January 1, 2022.
Also, in December 2021, Flock Safety Inc. contracted with the Nellie Gail Homeowners Association (Laguna Hills) to provide twenty-five (25) Private ALPRs in the Nellie Gail community as part of their HOA Security Plan. Nellie Gail HOA shared access to their ALPR system with the City of Laguna Hills, allowing the two systems to work together simultaneously. This increased the overall effectiveness of the Laguna Hills system and essentially expanded the total number of fixed ALPRs deployed in Laguna Hills to fortyfive (45).
The ALPR system is currently being used by a variety of units within the Sheriff’s Department. Some of these units include, but not limited to: Laguna Hills Police Services, Lake Forest Police Services, Directed Enforcement Team, Gang Enforcement Team, Investigations, and the Auto Theft Detail.
Prior to this system being added to our City, Police Services had very little to no success in locating stolen vehicles. However, in the last five months, our staff has used this system to successfully locate eight (8) occupied stolen vehicles, which resulted in twelve (12) arrests. Some of the stolen vehicles were occupied by multiple subjects, who were in possession of evidence linking them to multiple crimes in multiple jurisdictions. This system has been an excellent addition to our community. Continued good results in the future are anticipated as use of the system continues to expand.
Public Safety Reminder
“If you see something, say something.” Always report suspicious activity in the community to law enforcement. In the event of an emergency, always dial 911. For non-emergencies, contact Sheriff’s Dispatch at (949) 770-6011. To contact Laguna Hills
7.4.1 Packet Pg. 810
2021 Laguna Hills Police Services Annual Report
March 22, 2022
Police Services reference NON-emergency items, call (949) 707-2640. Anonymous tips can be submitted by phone or text to 1-855-TIP-OCCS or online at occrimestoppers.org.
FISCAL IMPACT:
This public safety update is for informational purposes only. There are no fiscal impacts related to this report.
ATTACHMENTS:
• 2021 Laguna Hills Police Services Annual Report
7.4.1 Packet Pg. 811
1 Laguna Hills
Police Services
Provided by the Orange County Sheriff’s Department
In partnership with the City of Laguna Hills
2021 Annual Report
Mission Statement & Core Values
7.4.1.a
Packet Pg. 812 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
2 Table of Contents
General Overview / City Council 3
City Demographics 4
Organizational Chart – Laguna Hills Police Services 5
Police Services Budget 6
Police Services Staffing 7
Patrol Statistics 8
Crime Statistics 11
Investigations 12
Traffic Enforcement 13
Traffic Statistics 14
Specialty Details 16
Crime Prevention 18
Volunteers 19
Orange County Sheriff’s Department Support Services 20
Fallen Officer Remembrance 29
Disclaimer: This document was produced using raw crime reporting data. This report is intended to provide a general overview of yearly statistical data. Statistical values represented are likely not consistent with the Uniform Crime Reporting (UCR) Program of the Federal Bureau of Investigation (FBI) under the Summary Reporting System (SRS) requirements.
As of June 2021, the Orange County Sheriff’s Department (OCSD) is in the process of transitioning from the UCR SRS reporting protocols to the new UCR National Incident-Based Reporting System (NIBRS) requirements. Official statistical data will not be available until OCSD is NIBRS certified by the Department of Justice (DOJ).
The data reflected in this report is preliminary and is not representative of UCR NIBRS requirements. Crime statistics are based on the date the crime or arrest occurred. All information and data listed in this report is considered preliminary and subject to further update/revision.
7.4.1.a
Packet Pg. 813 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
3 Historical and General Overview
The City of Laguna Hills incorporated on December 20, 1991. Since that time, the City has continued to grow, adding residential communities, industrial capacity, and open space for parks and recreation. This trend continued with the annexation of North Laguna Hills on July 1, 1996, and the addition of the Westside region on September 18, 2000.
Since its inception, the City of Laguna Hills has contracted with the Orange County Sheriff's Department for its law enforcement needs. Laguna Hills Police Services is responsible for public safety and general law enforcement within the city, including patrol services, traffic enforcement, and criminal investigation. Police Services also provides a variety of Community Policing Programs for the public including Crime Prevention, Neighborhood Watch, Homeless Outreach, and other community awareness programs.
Captain Matthew Stiverson was assigned as the Chief of Police Services on Friday, March 30th 2018. He commands and directs the overall operation of Police Services in the city and is assigned to City Hall.
Polices Services consists of a dedicated staff of one Captain, five Sergeants, two Investigators, seventeen Deputies (Patrol, Motor, School Resource Officer, Special Enforcement Team and Directed Enforcement Team), and two Community Service Officers.
2021 City Council
Mayor
Erica Pezold
Mayor Pro Tempore
Don Sedgwick
Council Member
Janine Heft
Council Member
Dave Wheeler
Council Member
Don Caskey
7.4.1.a
Packet Pg. 814 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
4 City Demographics*
Demographic Composition
Population: 31,207
Median Age: 41.7
Distribution by Ethnicity & Race
Development
Residential: 2,798 acres
Commercial: 414 acres
Office /Mix Use: 350 acres
Public / Institutional: 158 acres
Open Space & Parks: 539 acres
Laguna Hills Parks & Amenities
13 Neighborhood/Community Parks
Community Center and Sports Park
Civic Center Art Exhibit
Community Center Fossil Exhibit
Miles of mixed use trails /bike paths
Education Profile
Total Public Schools: 4
Total Private Schools: 3
Educational Attainment
Corridors
Interstate 5, 405 and 73 Toll Road
_________________________
*Sources: City of Laguna Hills website, US Census Bureau
12.5%
1.2%
4.0%
61.7%
20.6% Asian
Black
Other
White
Hispanic
15.5%
29.7%
30.1%
16.5%
High School
Diploma
Bachelors Degree
Some College or
Associates Degree
Graduate or
Professional
Degree
7.4.1.a
Packet Pg. 815 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
5 Organizational Chart
Sheriff-Coroner Don Barnes
Undersheriff Jeff Hallock
Assistant Sheriff Ross Caouette
Commander Cory Martino
Captain Matthew Stiverson
Patrol Services
(4) Patrol Sergeants
(11) Patrol Deputies (2) Community
Service Officers
Administrative
Sergeant
Motor Deputy
Traffic Deputy
School Resource
Officer
(2) Special
Enforcement
Team Deputies
South County
Directed
Enforcement
Team Deputy
Investigative Services
(2) Investigators
7.4.1.a
Packet Pg. 816 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
6 City General
Operating Fund
$21,359,317
Public Safety
General Services
$592,270
Police Services
Operating
Budget
$8,318,192
Police Services Budget
Fiscal Year 2020-2021*
________________________
*Police Services Budget is provided by the City’s Finance Department Number of
Personnel Sworn Staff
1 Captain
5 Sergeants
14 Patrol Deputies
1 Motor Deputy
1 Traffic Deputy
1 School Resource Officer
2 Investigators
Rotational / Ancillary Assignments
Special Enforcement
Directed Enforcement
Homeless Liaison
Number of
Personnel
Professional Staff
2 Community Service Officers
Total OCSD Contract Staff: 27
City Programs
Emergency Management
Animal Control Services
Crossing Guard Services
Trauma Intervention Program
Special Events
Total Public Safety Budget
$8,910,462
7.4.1.a
Packet Pg. 817 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
7 Police Services Staffing
The men and women of the Orange County Sheriff’s Department diligently enforce the law without fear or favor, protecting lives and property. They patrol the streets of Laguna Hills twenty-four hours a day to secure and promote safety in the community, acting as peacekeepers, mediators, mentors, counselors, educators, and role models.
Recognizing the importance of police services within our community, staffing levels are set to meet the anticipated service needs of the city. Supervision consists of one captain, four patrol sergeants and one administrative sergeant. In 2021, there were seventeen deputy positions allocated for Laguna Hills.
Fourteen deputies perform daily patrol functions, two deputies (one motor, one patrol car) target our traffic safety concerns, and one deputy is assigned as a School Resource Officer.
Additionally, two Community Service Officers (CSO) and two Investigators actively work in the field to protect the community. Four patrol deputies have received specialized training and fulfill ancillary duties as Behavioral Health Liaison Deputies. As needed, deputies may be reassigned from routine patrol and deployed as a two-person Special Enforcement Team or assigned as a member of a regional Directed Enforcement Team. These teams utilize contemporary policing principles to address emerging crimes trends in the area, enhance our Community Oriented Policing approach and improve the quality of life for all Laguna Hills residents.
7.4.1.a
Packet Pg. 818 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
8 Patrol Statistics
Calls for Service*
Laguna Hills Police Services responded to 14,431 calls for service in 2021. The total calls for service include calls that were generated through dispatch and by the patrol deputies’ self-initiated observations.
5-Year Comparison of Calls for Service
Preventative Patrol Time**
Consume Time is the measurement of time a deputy spends responding to calls for service, conducting self-initiated activities, finishing reports, attending briefings, lunch breaks, and other activities that consume a deputy’s time.
Preventative Patrol Time is time used by deputies to be visible for crime suppression, speak with people in the community, enforce traffic laws, and look for criminal activity. A deputy visibly patrolling the city helps to deter crime, promotes a sense of security within the community, and provides faster response times to priority or lifethreatening calls for service.
Average Preventative Patrol Time 5-year Comparison**
_________________________
*Calls for Service Statistics are calculated using the Orange County Sheriff’s Department’s CAD program **Per the Matrix Consulting Group that completed a survey June 3, 2014, 40-50% preventative patrol time is recommended 16,596
13,586 13,771 13,680 14,431
-
2,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
18,000
2017 2018 2019 2020 2021
2017 2018 2019 2020 2021
46.85 % 50.10 % 51.89 % 50.11 % 46.20 %
7.4.1.a
Packet Pg. 819 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
9 Patrol Statistics
Response Times*
Priority One calls, also referred to as Emergency Response calls, are all calls for service that have the potential of being a life threatening incident and require the deputies to respond using the vehicle’s lights and sirens.
In 2013, the Sheriff’s Department began looking at all emergency response calls that took longer than 5 minutes from when the call was received to when a deputy arrived at the scene in order to ascertain and record the reason for any delay in response. It was found that the program responsible for calculating response times, did not take into account many situations that effect response times, including but not limited to calls that escalate or de-escalate in severity. Emergency calls are now calculated by hand every month in order to report a more accurate “reconciled” response time. The average reconciled response time during 2021 for Priority One calls was 5 minutes and 10 seconds, a 10.7% increase compared to 2020.
Priority Two calls include serious crimes that just occurred, incidents likely to escalate to a crime against a person, or any incident where a delay would impede further investigation or cause someone to be in jeopardy. The average response time during 2021 for priority 2 calls was 15 minutes and 50 seconds, a 7.3% increase compared to 2020.
Response Times 5-Year Comparison
___________________
*Response Times are calculated using the Sheriff Department’s COMPSTAT Report and reconciled monthly
5.11 5.09 4.57 4.40 5.10
14.44 15.10 15.06 14.45 15.50
0 5
10 15
20 2017 2018 2019 2020 2021
Emergency Response Priority 2
7.4.1.a
Packet Pg. 820 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
10 Patrol Statistics
Arrest Statistics*
Police Services made a total of 464 arrests in 2021. The number of street arrests totaled 201. A street arrest is an arrest that results in the suspect being transported and booked at the Intake/ Release Center in Santa Ana. A total number of 195 citation arrests were made in 2021. A citation arrest is a misdemeanor arrest that results in the suspect being released in the field after being issued a criminal citation. Another category of arrests is warrant arrests with a total of 68 warrant arrests for 2021.
Arrest statistics vary year-to-year based on a number of factors including but not limited to: staffing levels, calls for service and crime trends. 5-Year Comparison
_________________________
*Arrest Statistics are received from the OCSD Statistical Department & calculated through the RMS program
Type of
Arrest
2017 2018 2019 2020 2021
Street
Arrests 202 245 187 253 201
Citation
Arrests 135 120 107 243 195
Warrant
Arrests 57 50 55 23 68
Total
Arrests 394 415 349 519 464
7.4.1.a
Packet Pg. 821 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
11 Crime Statistics*
Crime Reporting
The task of compiling crime statistics rests with the Orange County Sheriff’s Department Support Services Division. Statistics and data are gathered, tabulated in accordance with the FBI’s Uniform Crime Reporting (UCR) Program Summary Reporting System (SRS) requirements and then forwarded to the Department of Justice. The UCR-SRS program divides offenses into two groups, Part I and Part II crimes. Part I crimes are violent or serious crimes that occur regularly, in all areas of the country, and are likely to be reported to the police. Part II crimes are all other crimes (not included in Part I crimes) that someone can be arrested or issued a criminal citation for. Part I and Part II crime data is represented below using the UCRSRS methodology and is not representative of the new UCR National Incident Based Reporting System (NIBRS) requirements. UCR-NIBRS certification is pending.
Part I Crimes 5-Year Comparison
Major Part II Crimes 5-Year Comparison
_________________________
*UCR Crime Statistics can be found on the FBI website: http://www.fbi.gov/. OCSD reports UCR Crime Statistics to the DOJ on a monthly basis.
Crime 2017 2018 2019 2020 2021
Criminal Homicide 1 0 0 0 0
Rape 5 5 3 6 4
Robbery 18 16 15 16 10
Aggravated Assault 20 35 20 35 37
Burglary 117 97 82 73 86
Larceny 301 277 288 289 329
Auto Theft 49 28 35 57 69
Total 511 458 443 476 535
Crime 2017 2018 2019 2020 2021
Assaults-Misdemeanor 85 106 103 125 130
Vandalism 101 102 82 100 89
Weapons Laws Violations 14 19 17 16 36
Offenses Against Family-Child 3 2 1 5 6
Sex Offenses 7 9 11 11 3
Narcotics Law Violations 78 105 69 145 177
Liquor Law Violations 7 10 8 9 10
Driving While Intoxicated 51 63 43 51 72
Disorderly Conduct 35 69 41 56 65
7.4.1.a
Packet Pg. 822 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
12 Investigations*
The Sheriff’s Department continues to work hard to mitigate crime and ensure public safety in our contract cities. Many divisions and special details work closely with our patrol deputies to prevent, deter, and effectively respond to crime.
Our Investigations Division consists of a Criminal Investigations Bureau and a Special Investigations Bureau. Together these bureaus investigate and suppress criminal activity related to general crimes, homicides, sex crimes, family violence, economic and computer crimes, narcotics abuse, street gangs, and vice activities. These bureaus also participate in local, state, and federal task forces that focus on major crimes such as human trafficking, drug trafficking, and money laundering.
Two (2) investigators are assigned directly to the City of Laguna Hills. Investigators write follow-up reports; examine crime scenes; interview victims, witnesses, and suspects; and present cases to the District Attorney’s Office for criminal filings.
Investigators are highly trained and not only investigate crimes, but study patterns of criminal offenses in an effort to deter further criminal activity within the community.
Out of the 14,431 calls for service Laguna Hills Police Services responded to in 2021, it was determined 3,952 criminal offenses were committed. 1,207 of those cases were assigned to Investigators for additional follow-up.
_________________________
* Investigator’s Statistics received from Southwest Investigations.
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Packet Pg. 823 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
13 Traffic Enforcement
Traffic issues continue to be a priority of the community. Police Services has been very responsive to this and has reacted with a combination of education and enforcement. The goal of Police Services in this regard is to reduce traffic accidents by utilizing a heightened level of police presence, education, and enforcement.
Motorcycle Deputy
The primary assignment of the City’s
Motorcycle Deputy is to enforce the California
Vehicle Code and the prima facie speed limits in
the city. If a need arises, the motor deputy can
also be utilized to assist patrol deputies,
investigators, and community service officers
with traffic accident investigations.
High Visibility Enforcement (HVE) Deputy
The (HVE) Deputy employs a universal
traffic safety approach combining highly
visible and proactive law enforcement
strategies targeting specific traffic safety
issues. This approach is designed to
create deterrence and change unlawful
traffic behaviors. The HVE Deputy is
available to assist with routine calls for
service and is also tasked with
conducting high visibility patrol checks
of city trails, recreational areas, and
facilities.
Community Service Officers
The City’s Community Service Officers (2) are assigned to perform parking enforcement and complete reports of both non-injury and injury traffic collisions.
They are non-sworn personnel and are specifically trained in these areas.
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Packet Pg. 824 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
14 Traffic Statistics*
Parking Enforcement
Parking citations include street sweeping, permit parking, handicap, and vehicle code violations. In 2021, Police Services’ staff issued a total of 1,372 parking tickets. 5-Year Comparison
Hazardous Moving Citations
A hazardous moving citation constitutes any act or omission of the vehicle code that is done while the vehicle is moving. This would include violations such as speeding, following too closely and failure to yield. The majority of these types of violations are commonly found to be the primary factors in traffic accidents. Enforcement has proven to be one of the major factors in reduction of traffic accidents. In 2021, Laguna Hills deputies issued a total of 1,124 hazardous moving citations. 5-Year Comparison
All Other Citations
“All other” citations include all traffic related citations other than parking and hazardous moving violations, such as licensing and equipment violations. The Deputies issued a total of 72 citations in 2021.
5-Year Comparison
_____________________
*Traffic Citation Statistics vary based on a number of factors including but not limited to: traffic trends, staffing level, and calls for service. 2017 2018 2019 2020 2021
2,564 2,071 2,107 1,372 1,372
2017 2018 2019 2020 2021
1,114 1,046 951 506 1,124
2017 2018 2019 2020 2021
578 299 213 115 72
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Packet Pg. 825 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
15 Traffic Statistics
Enforcement Index*
The enforcement index is a measure of traffic enforcement effectiveness as it relates to the incidents of fatal and injury collisions. The index is based on the percentage of citations issued for hazardous violations compared to the number of fatal and injury collisions. Generally speaking, the higher the enforcement index percentage, the more aggressive the traffic officers have been in identifying and enforcing hazardous traffic violations. The index is determined by dividing the number of hazardous violations by the number of fatal and injury collisions. Per the Office of Traffic Safety, an enforcement index in the 25-35 percent range is desirable. 5-Year Comparison
Traffic Accidents*
The City of Laguna Hills had a total of 209 reported traffic accidents in 2021. This represents a 33% increase in total traffic accidents from 2020. 5-Year Comparison
Laguna Hills Traffic Collisions by Day of the Week for 2021 _________________________
*The Enforcement Index & Traffic Accidents Statistics are received from the OCSD Regional Traffic Office
2017 2018 2019 2020 2021
11.73% 8.79% 9.51% 6.74 % 17.5%
2017 2018 2019 2020 2021
Non-Injury 175 134 111 82 119
Injury 98 95 98 72 89
Fatalities 0 4 2 3 1
26 15
38 40 36 39
15 0
50 Mon Tues Wed Thur Fri Sat Sun
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Packet Pg. 826 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
16 Specialty Details
Special Enforcement Team (SET)
The Special Enforcement Team (SET) is a problem-oriented policing unit designed to actively suppress criminal activity and mitigate emerging public safety concerns identified through crime analysis. The SET team’s primary role is to actively address community issues by proactively enforcing laws and assisting Investigative teams in identifying and apprehending suspects in Laguna Hills. The SET team also provides active oversight of gang members, parolees, and probationers. The SET team is also responsible for assisting patrol deputies with high priority calls.
Directed Enforcement Team (DET)
The Directed Enforcement Team (DET) handles specific crime problems or concerns of South County Communities. The goal of DET is to apprehend offenders, search premises, and/ or seize evidence of illegal activity. The team is comprised of two Sergeants, one Investigator, and eight Deputies. One Laguna Hills Deputy is assigned to the team for eighteen months.
Bicycle Patrol Team
The Bicycle Patrol Team is an integral part of our
community policing approach. It is an ancillary
assignment comprised of specially trained patrol
deputies who are equipped with bicycles designed to
conduct law enforcement patrols and investigative
stops. This team is utilized in areas such as shopping
centers, bike trails, business parks, community parks,
and during special events where access on foot or by
patrol vehicle is hindered. Deployment of these teams increases engagement with the public and fosters communication and trust with the community we serve.
School Resource Officer
The School Resource Officer (SRO) is a sworn peace officer that is dedicated to serving the students and staff at the schools within Laguna Hills. The SRO has been to a variety of specialized training focused on assisting schools with security and safety.
This allows for all students and staff to be able to function in a safe learning environment. In addition, the SRO will also assist in providing educational opportunities such as “Every Fifteen Minutes” (a DUI awareness program), and The Parent Project.
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Packet Pg. 827 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
17 Behavioral Health Bureau
The Behavioral Health Bureau (BHB) works collaboratively with the county’s Health Care Agency, mental health professionals, and community stakeholders to develop and utilize innovative methods to reduce recidivism and increase crisis intervention services for the residents of Orange County. In addition to this collaboration, the BHB will also work to further the scope of the department’s Crisis Intervention Training program to afford these skills to all members of the department and to provide enhanced skills to those working in direct support of the BHB.
While the goals of the BHB are to reduce recidivism and increase crisis intervention services for the public, some peripheral benefits for the Department include increased officer safety, a reduction in incidents involving force, and a decrease in specific types of calls for service.
In support of the BHB, Laguna Hills Patrol Deputies who have received specialized training function as Behavioral Health Liaison Officer’s (BHLO) during their shift.
BHLO’s work collaboratively with Mercy House, the City’s contracted homeless support services provider, as well as various government agencies, faith-based groups, and private organizations to help transition homeless individuals off the streets and in to supportive housing and services. This collaborative approach focuses on outreach and is coupled with enforcement to assist the homeless population while simultaneously protecting the quality of life for the citizens of Laguna Hills.
Homeless Assisted with Resources in 2021
Homeless Interview & Enforcement Correlation
In 2021, 217 field interviews of homeless persons were conducted in Laguna Hills.
Those contacts resulted in 8 arrests and 8 citations issued for law violations.
Food Employment Housing Medical Mental Health Substance Abuse V.A. 7 6 18 7 7 5 0
217
8 8
0 100
200
300
Field
Interviews
Arrest Citation
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Packet Pg. 828 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
18 Crime Prevention
The City’s Crime Prevention Program is structured to provide community outreach educating residents on how to help prevent crime and promote safety within their sphere of influence. Crime Prevention activities include the following programs.
Neighborhood Watch
Neighborhood Watch focuses on each neighborhood separately and the concerns they may have in their area of the city. The Crime Prevention Program focuses on teaching residents how they can better protect themselves and their property, how the sheriff’s department operates for better communication between residents and deputies, and help promote communication between neighbors.
Business Watch
This program has the same premise as neighborhood watch but is applied to the business population of Laguna Hills. Businesses are encouraged to submit emergency contact information to be utilized by deputies should a major crime occur. This program offers training and education on topics relating to robbery prevention, business security, how to be a good witness, counterfeit money detection, and many others.
Community Outreach
The Crime Prevention Program is also involved in numerous school and city events throughout the year including but not limited to: National Night Out, Bike Rodeos, Walk-to-School events, station tours, and informational booths at public events throughout the year. Various social media platforms are also used to communicate with the public. These systems are utilized to disseminate public safety information, public event scheduling, and current crime trends in, and around, the City of Laguna Hills.
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Packet Pg. 829 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
19 Volunteers
Reserves
Reserves provide support to the Orange County Sheriff's Department patrol operations and contract cities. Reserve Deputies act as a second officer in a patrol car, perform crowd/riot control, maintain crime scene security, special event enforcement, transport suspects to jail, and perform foot patrol, bike patrol, and traffic control. All of these duties help free-up full-time patrol deputies to continue to provide police services without a delay in response times, as well as be proactive in policing and preventing crimes in Laguna Hills. Additionally, utilizing Reserves saves time and money when additional staffing is required. Reserve Deputies donated 1,415 uncompensated hours to Laguna Hills in 2021 equating to a cost savings of approximately $128,835.75.
Professional Services Responder (PSR)
Professional Services Responder volunteers provide administrative and leadership support in the areas of: emerging technologies, communications, industrial relations, graphic arts, healthcare, legal and accounting services, and emergency response resources. PSR’s donated 322 uncompensated hours to Laguna Hills in 2021 equating to a cost savings of approximately $14,168.00.
Explorers
The Explorer Program is sponsored by the Orange County Sheriff’s Department as a community-based policing program. This successful program is designed to educate and involve young men and women in police operations. Explorers learn leadership skills and personal responsibilities. Whether or not they pursue law enforcement as a career, the Explorers have the opportunity to give of themselves to their community through this volunteer program. The Explorers volunteered 29 hours to Laguna Hills in 2021 equating to a cost savings of approximately $3,262.50.
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Packet Pg. 830 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
20 Orange County Sheriff’s Department
Support Services
Administrative Services
The Administrative Bureau controls and manages the financial operations of the Sheriff’s Department. Responsibilities include purchasing of services, supplies and equipment, administration of trust funds, expenditure and revenue control, payroll, inventory control, budget preparation and grant administration.
Air Support Bureau
The Sheriff’s Department operates helicopters in the
skies above Orange County. They are a critical
adjunct to our responsibilities in our patrol areas.
They also assist the Fire Department in fire
observation and firefighting.
Canine Patrol
Currently, canine partners assist patrol deputies in their duties. The canine units work regular patrol areas and are deployed on all shifts. The dogs are used for building
searches, locating lost or missing people, apprehension of criminal offenders and for community engagement events.
Communications
Sheriff’s Communications provides centralized countywide coordinated communications systems for all local public service agencies (law enforcement, fire and paramedic) and for general government on a 24-hour basis. Other services include
installation and maintenance of communications and electronic equipment, and operational, training and maintenance support for the coordinated communications systems. The Communications Division is also the central coordinator/ program manager for the 800 MHz Countywide Coordinated Communications System Mobile Data Computer System for the Sheriff’s Department.
7.4.1.a
Packet Pg. 831 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
21 Orange County Sheriff’s Department
Support Services
Community Programs
This unit provides a comprehensive drug and gang awareness curriculum for kindergarten through high school, as well as for businesses and community groups.
The program provides structured training programs that are valuable resources to clergy, teachers, coaches, business leaders and mentors to help steer young people away from drugs and gangs. The unit meets challenging trends with new innovative approaches to supplement existing methods of intervention and education.
Cyber Crimes
A high-technology Cyber Crimes Unit has been established within the Criminal Investigations Bureau. Investigators assigned to the Cyber Crimes section are responsible for the investigation of high technology crime which is divided into two distinct sections: (1) Crimes such as theft of components, computer intrusion, Internet crimes and theft of information; and (2) Forensic examination of
information contained on computer hard drives and storage media that are seized during other types of investigations and may include evidence of sex crimes, narcotics, homicide, money laundering and other property crimes.
Contract Administration
The Department maintains a full-time Contract Manager position to administer contracts and facilitate the flow of information between the Department, other County agencies and the individual contract cities.
Corrections Operations Command
This Command maintains daily care, custody, and control of approximately 6,000 inmates within the County jail system operating from five separate facilities.
7.4.1.a
Packet Pg. 832 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
22 Orange County Sheriff’s Department
Support Services
Advanced Surveillance & Protection
This specialized unit cooperates with state and federal police services agencies to combat organized crime and prevents terrorist activities in Orange County.
Economic Crimes
The Economic Crimes Detail includes the following investigative units: Fraudulent Checks, Credit Card Fraud, Major Fraud, Fiduciary Elder Abuse, Cyber Crimes, HighTech Task Force (HTTF) and the Orange County Auto Theft Task Force (OCATT).
Checks / Credit Cards: Investigators assigned to this unit are responsible for the investigation of cases involving non-sufficient checks over $1,500, check forgery,
fraudulent use of stolen credit cards, and fraudulently obtained credit cards. In addition, they also handle cases involving the fraudulent use of a person’s personal
information (e.g., name, social security number, date of birth) to obtain goods and / or credit.
Major Fraud: Investigators assigned to the Major Fraud
section are responsible for the investigation of cases
involving grand theft, theft of public funds, embezzlement, theft by false pretenses, consumer fraud and various types of business fraud. In addition to these cases, they also handle cases of fiduciary elder abuse and real estate fraud.
Family Protection
Investigators assigned to Family Protection are responsible for the in-depth followup investigation of any criminal report / allegation involving the physical or emotional abuse of a child, dependent adult, or an elderly victim.
7.4.1.a
Packet Pg. 833 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
23 Orange County Sheriff’s Department
Support Services
Field Training Bureau
The Orange County Sheriff’s Department (OCSD) Field Training Program (FTP) provides policies and guidelines for Field Training Officers (FTOs) to facilitate the orientation and field training of newly assigned patrol deputies. The FTP is designed to provide basic patrol training and assists deputies in making the transition from other assignments to an operations division while performing general law enforcement uniformed patrol duties. This program also meets the field training requirement for Level I Reserve Deputies.
The FTP is comprised of a structured learning matrix, containing applicable procedures/guidelines and is the standardized training resource document for all OCSD Operations Divisions. The FTP meets all standardized requirements as set forth by California’s Commission on Peace Officer Standards and Training (POST).
The program consists of four training phases formatted to provide the maximum flexibility in regards to the allotted training time and to facilitate the completion of the objectives of each phase. Standard training will last 14 weeks, but can be shortened or extended where applicable.
Laguna Hills Police Services maintains a qualified cadre of FTOs who train new deputies assigned to the City. The program is demanding, requiring dedication of time and personal resources from both trainees and FTOs alike.
Forensic Science Services
The Forensic Services Division provides critical services in support of criminal prosecution and death investigations. The division conducts scientific examinations, analysis and identification of evidence. Mobile units are used in the field for complete crime scene investigations as well as photographic services. Members of this division testify in court as “expert witnesses” in a number of
specialized fields. The division also features both mobile and fixed laser technology for use in recovering latent prints at crime scenes, computerized searches of
fingerprint records, handwriting examinations on criminal checks and forgery cases. Forensic Sciences also has a DNA laboratory that links criminals to crimes through “genetic fingerprinting.”
7.4.1.a
Packet Pg. 834 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
24 Orange County Sheriff’s Department
Support Services
Gang Enforcement Team
The deputies assigned to the Gang Enforcement Team (GET) target problem areas for special enforcement programs, conduct surveillance of known gang members, and assist with a variety of investigations. Members of the GET unit are also teamed with probation officers and assigned gang suppression duties throughout Orange County.
Narcotics Detail
The Narcotics Detail is part of the Special Investigations Bureau. Investigators assigned to this detail are directly responsible for the detection, investigation, analysis, deterrence and arrest of all street-level violators within the Sheriff’s jurisdiction. The investigators conduct undercover operations, surveillances, and the collection of information from citizens as the foundation for their investigations.
VICE
Investigators assigned to this unit conduct investigations into gambling, prostitution, and related offenses.
Hazardous Devices
The Sheriff’s Department Hazardous Devices Squad (HDS) is the only unit of its kind in Orange County and its services are available to all law enforcement agencies in the County. HDS investigators are sent to all explosions of suspicious origin and provide post-blast forensic
examinations at the scene. The investigators also provide expert testimony in courts of law regarding hazardous devices.
They are assisted in some of these duties by explosive
detection dogs, remote controlled robots, unmanned aerial vehicles (UAV), and other highly sophisticated technical equipment.
7.4.1.a
Packet Pg. 835 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
25 Orange County Sheriff’s Department
Support Services
Mounted Enforcement
The Mounted Patrol is a group of deputies who participate in a variety of equestrian events, provide crowd control, and specialized enforcement on County trails, beaches and parks.
Mutual Aid Bureau
The Mutual Aid Bureau provides a contingent of deputies and civilian law enforcement volunteers with specialized skills, training, and equipment. Examples of the duties performed by the Mutual Aid Bureau include coordination with allied agencies during large scale special events, requests for assistance, civil unrest, search and rescue, and disaster response. The unit also has specialized services supporting the following areas of operations: Air Support, Administration, Technical Services, Search and Rescue, Investigations, Harbor patrol, Professional Services, and Patrol.
Warrant Bureau
The Warrant Bureau serves arrest warrants on people who have committed crimes throughout the county. These warrants include those issued by local, state, or federal courts.
Professional Standards Division
Professional Standards is responsible for the recruitment and background investigation of all entry-level positions within the Sheriff’s Department. It also administers
promotions, transfers, retirements and terminations. The division’s focus is on issues related to personnel services, employee relations and internal affairs.
7.4.1.a
Packet Pg. 836 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
26 Orange County Sheriff’s Department
Support Services
Special Victims Unit
Investigators assigned to Special Victims Unit are responsible for the in-depth followup investigation of any criminal report / allegation that is sexual in nature, including rape, sexual assault or battery, sexual abuse or exploitation of children, and pornography. The investigations can include: comprehensive interviews of victims, facilitation of medical exams for sexual assault evidence at local hospitals or medical facilities; participation in specialized interviews of children who are victims or witnesses, that are conducted by the Child Abuse Service Team (C.A.S.T.); planning and implementation of covert surveillances; preparation of chronological, investigative, and background reports pertinent to each investigation; preparation and service of search warrants and arrest warrants; presentation of criminal cases to the District Attorney’s office, trial preparation and subsequent testimony in court.
S.M.A.R.T.
A School Mobile Assessment Resource Team (S.M.A.R.T.) was formed as a component to the Sheriff Department’s Juvenile Services Bureau. S.M.A.R.T. members are Critical Incident Response Team (CIRT) / Rapid Deployment trained and work in conjunction with probation officers, Sheriff’s School Resource Officers on campuses, and with multi-agency gang suppression “Target” teams. They assess individuals or groups who pose risks to community safety in and around schools. In addition, they investigate violent crimes on school campuses. The team consists of one Sheriff’s Investigator, three Deputy Sheriff’s, a Deputy District Attorney, a District Attorney Investigator, a Deputy Probation Officer and a Sergeant.
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Packet Pg. 837 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
27 Orange County Sheriff’s Department
Support Services
S.O.N.A.R
The Investigators assigned to the Sexual Offender Notification and Registration Team (S.O.N.A.R.) are responsible for risk assessment and monitoring of the registered sex offenders living within the community. Prevention is the S.O.N.A.R. team’s ultimate goal, and they utilize the following methods to supervise registered sex offenders:
residence and workplace visits; personal, family, and neighborhood interviews; extensive criminal and civil background investigations; strict enforcement of the state’s registration laws; covert surveillance; partnership with supervisory agencies such as probation and parole; preparation and service of search warrants and arrest warrants, maintenance of the “Megan’s Law” database for public information; and community notifications.
S.W.A.T.
Special Weapons And Tactics (SWAT) has the mission of saving lives during extraordinary law enforcement situations, requiring advanced tactical training beyond the scope of traditional police personnel. They also assist other sheriff’s divisions and patrol stations with crime suppression, service of high risk search and arrest warrants, as well as providing advanced training and special security operations, such as high risk prisoner escorts and site/VIP protection.
Support Services
Support Services maintains all records for the Department and all records of people booked into the County jail system by all police agencies in Orange County. Teletype service is maintained nationwide. All written reports from patrol and investigation personnel are distributed and filed with the concerned bureaus and agencies, including the California Department of Justice, Federal Bureau of Investigation, as well as with contract cities. The Support Services Division also provides statistical reports that are used by management to determine crime trends for developing enforcement strategies, resource allocation, and patrol force deployment.
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Packet Pg. 838 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
28 Orange County Sheriff’s Department
Support Services
Homicide Detail
The Homicide Detail investigates all suspicious deaths and assaults resulting in serious bodily injury occurring within the Sheriff’s jurisdiction. Staff assigned to the Homicide Detail have extensive training and experience in death investigation. They work as part of a team with representatives of the Coroner’s Office and Forensic Science Services.
Crisis Negotiations Team
The Crisis Negotiation Team is comprised of deputies and investigators from various assignments throughout the
Department. They can respond anywhere in the County to
incidents involving hostages, barricaded suspects, or high-risk arrest situations requiring special weapons or tactics. Working closely with the SWAT team, the members of Crisis
Negotiations assist in de-escalating hostage and barricaded suspect situations.
Traffic Services Bureau
The Traffic Services Bureau reviews all collision reports for each of the contract cities, provides follow-up investigations on crimes originating as a result of a traffic collision, files criminal cases with the District Attorney’s Office, and provides community education in traffic safety matters. The Major Accident Reconstruction Team (MART) is a valuable component of this Bureau. This group of highly trained traffic personnel serves all contract cities as well as outside agencies upon request, conducting meticulous investigations of traffic collisions involving a loss of life, major injury, liability issues, and high profile cases.
Training
The Training Division operates the Sheriff’s Training Academy.
This includes the Basic Academy for recruits, in-service training for deputies, advanced officer training, and
supervisory training to keep personnel up-to-date on
mandated training, certifications, and legal requirements.
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Packet Pg. 839 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)
29 Fallen Officer
Steven Parsons
Born
February 1, 1964
End of Watch
June 19, 2000
Deputy Parsons gave his life while in the service to the residents of Laguna Hills and will be forever remembered.
7.4.1.a
Packet Pg. 840 Attachment: 2021 Laguna Hills Police Services Annual Report (2789 : 2021 Laguna Hills Police Services Annual Report)