Agenda packet, regular meeting — Laguna Hills City Council, June 13, 2023 (part 1 of 4)

CITY OF LAGUNA HILLS

CITY COUNCIL/PLANNING AGENCY

REGULAR MEETING AGENDA
Tuesday, June 13, 2023 – 7:00 PM
(Closed Session at 6:00 PM when scheduled)
Janine Heft, Mayor
Dave Wheeler, Mayor Pro Tempore Don Caskey, Council Member Erica Pezold, Council Member Joshua Sweeney, Council Member Location: City Council Chamber, 24035 El Toro Road, Laguna Hills, CA 92653 In Person Public Comments: Any person wishing to address the City Council/Planning Agency on any matter, whether or not it appears on this Agenda, is asked to complete a pink “Request to Speak” form available on the table at the back of the Chamber and submit the form to the City Clerk. The Request to Speak form assists the Mayor in ensuring that all persons wishing to address the City Council are recognized and ensures accurate identification of meeting participants in the City Council/Planning Agency Minutes. Completion of the form is voluntary.

It is City policy to limit public testimony to up to three minutes per person, an overall time limit of ten minutes for any one subject, and a total time limit of thirty minutes for Public Comments.

If you are commenting on an Agenda item, your comments will be heard at the time that item is scheduled on the Agenda. If you are addressing the City Council on an item not listed on the Agenda, the City Council is prohibited by law from discussing or taking any action on that item Submission of Electronic Public Comments: Those wishing to make electronic public comments may submit their comments by email to the City Clerk at [email protected], by 5:00 p.m. on Tuesday, June 13, 2023. In the subject line of the email, please state your name and the item number you are commenting on. Any public comment received that does not specify a particular agenda item number will be announced during the general public comment portion of the agenda. All comments received by 5:00 p.m. on the date of the meeting will be provided to the City Council and will be provided for public inspection at the meeting. During the applicable agenda item, the City Clerk will announce the name of the sender and subject matter of all electronic comments received by 5:00 p.m. on Tuesday, June 13, 2023. Email comments will NOT be read by the City Clerk during the meeting. Electronic public comments may only be submitted via email and comments via text and social media (Facebook, Twitter, etc.) will not be accepted.

Please note: The City Council is making every effort to follow the spirit and intent of the Brown Act and other applicable laws regulating the conduct of public meetings in order to maximize transparency and public access. For questions or assistance, please contact the City Clerk’s Office at (949) 707-2635 or via email at [email protected].

City of Laguna Hills City Council/Planning Agency Tuesday, June 13, 2023 Regular Meeting Agenda
2 CLOSED SESSION - CONVENING AT 6:00 PM

CALL TO ORDER
Resolution No. 96-04-09-1 established rules of decorum for public meetings held by the City of Laguna Hills. Resolution No. 96-04-09-1 is available on the table at the back of the City Council Chamber.

ROLL CALL OF CITY COUNCIL MEMBERS

ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
The City Council will convene into Closed Session, in the City Council Conference Room, City Hall, Laguna Hills Civic Center, to consider the following matter(s):

A. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6(a) City Designated Representatives: Jarad Hildenbrand, City Manager Employee Organization: Laguna Hills City Employee Association, City Employee Organization

PUBLIC COMMENT ON CLOSED SESSION ITEM(S)

ADJOURN TO CITY COUNCIL CONFERENCE ROOM OR CITY COUNCIL CHAMBER

CONVENE INTO CLOSED SESSION
The City Council will convene into Closed Session to consider the matter(s) listed above.

RECONVENE TO CITY COUNCIL CHAMBER
RECESS
City of Laguna Hills City Council/Planning Agency Tuesday, June 13, 2023 Regular Meeting Agenda
3 GENERAL BUSINESS - CONVENING AT 7:00 PM

INVOCATION: Associate Pastor Jesus Cantu of Christ Community Church PLEDGE OF ALLEGIANCE: Council Member Sweeney

ROLL CALL OF CITY COUNCIL MEMBERS

CLOSED SESSION REPORT

1. PRESENTATIONS AND PROCLAMATIONS

1.1 Orange County Transportation Authority (OCTA) I-5 El Toro Road Interchange Project Update
Recommendation: That the City Council receive a presentation from Niall Barrett, P.E., OCTA Program Manager, on the I-5 El Toro Road Interchange project.

2. SCHEDULE OF FUTURE EVENTS

2.1 Schedule of Future Events
Recommendation: That the City Clerk announce the upcoming meetings and events.

3. PUBLIC COMMENTS
This is the time to address the City Council on any matter not listed on this Agenda that is within the subject matter jurisdiction of the City Council. Public Comments are limited to three minutes per person, an overall time limit of ten minutes for any one subject, and a total time limit of thirty minutes.

4. CONSENT CALENDAR
All matters listed under “CONSENT CALENDAR” are considered to be routine and will be enacted by one motion approving the recommendation listed on the Agenda. There will be no separate discussion unless Members of the City Council or Staff request specific items be removed from the Consent Calendar.

City of Laguna Hills City Council/Planning Agency Tuesday, June 13, 2023 Regular Meeting Agenda
4 4.1 Waive Reading in Full of all Ordinances and Resolutions on the Agenda Recommendation: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.

4.2 Approval of Minutes for May 23, 2023, Special Meeting Recommendation: That the City Council approve the City Council Minutes for the May 23, 2023, Special Meeting.

4.3 Approval of Minutes for May 23, 2023, Regular Meeting Recommendation: That the City Council approve the City Council Minutes for the May 23, 2023, Regular Meeting.

4.4 Ratification of June 13, 2023, Warrant Register
Recommendation: That the City Council ratify the accompanying Warrant Register for the period from May 12, 2023, to June 1, 2023, in the amount of $524,571.23.

4.5 Proposed Professional Services Agreement with Eco/Nomics, Inc., for Solid Waste and Recycling Consulting Services
Recommendation: That the City Council approve and authorize the Mayor to sign a proposed Professional Services Agreement with Eco/Nomics, Inc., for Solid Waste and Recycling Consulting Services in the total maximum not-to-exceed contract amount of $825,740 for a five (5) year Term.

4.6 Award of Professional Services Agreement to WSP USA Environment and Infrastructure, Inc., for NPDES Program Management and Inspection Consulting Services
Recommendation: That the City Council: 1) Award a Professional Services Agreement to WSP USA Environment and Infrastructure, Inc., for NPDES Program Management and Inspection Consulting Services in the total maximum contract amount of $575,000 for an initial term of three years; and 2) Authorize the Mayor to execute the Agreement.

4.7 Cooperative Agreement No. 12-XXX Between the State of California, Department of Transportation, and the City of Laguna Hills for General Traffic Signal Synchronization
City of Laguna Hills City Council/Planning Agency Tuesday, June 13, 2023 Regular Meeting Agenda
5 Recommendation: That the City Council: 1) Approve Cooperative Agreement No. 12-XXX with the State of California, Department of Transportation, for General Traffic Signal Synchronization; 2) Authorize the City Manager to make minor edits as may be needed prior to execution of the final Agreement; and 3) Authorize the Mayor to sign the final Agreement.

4.8 Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc., for the Implementation of the City's Phase XI Water Quality Project, CIP No. 412-K
Recommendation: That the City Council: 1) Find and determine it is appropriate to waive formal bidding requirements of the Laguna Hills Municipal Code (LHMC) for the award of the Trash and Debris Capture Devices Maintenance Services Agreement to G2 Construction, Inc., because: a) The goods and supplies, equipment, materials, and contract services to be provided by G2 Construction, Inc., are of a unique, sole source nature because of their quality, durability, availability, or fitness for a particular use and are available only from one source (LHMC Section 3-08.110(A)); b) The goods and supplies, equipment, materials, or non-professional services are proprietary (LHMC Section 3-08.110(B)); c) A specific make, model, or brand is necessary to match existing City equipment or to facilitate the continuity of effective maintenance and support (LHMC Section 3-08.110(F)); and d) Compliance with procurement policies, procedures, and/or requirements is not in the best interest of the City (LHMC Section 3-08.110(J)); 2) Award the Trash and Debris Capture Devices Maintenance Services Agreement to G2 Construction, Inc.; and 3) Authorize the Mayor to sign the Agreement.

4.9 Award of Public Works Construction Contract for the Community Center and Sports Complex Site Improvements Project, CIP No. 237 Recommendation: That the City Council: 1) Award the Public Works Construction Contract for the Community Center and Sports Complex Site Improvements Project, CIP No. 237, to the lowest responsive bidder, Oppenheimer National, in the amount of $197,709; 2) Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA), Class 1 Existing Facilities, pursuant to CEQA Guidelines, Section 15301; 3) Reject all other bids; and 4) Authorize the Mayor to sign the Public Works Construction Contract.

4.10 Rejection of Bid Proposals for Citywide Sidewalk Repairs and Concrete Construction Project, CIP No. 106
City of Laguna Hills City Council/Planning Agency Tuesday, June 13, 2023 Regular Meeting Agenda
6 Recommendation: That the City Council: 1) Reject all Bid Proposals received for the Citywide Sidewalk Repairs and Concrete Construction Project, CIP No. 106; 2) Approve the revised plans and specifications for the Citywide Sidewalk Repairs and Concrete Construction Project, CIP No. 106; and 3) Authorize the advertisement for bids Citywide Sidewalk Repairs and Concrete Construction Project, CIP No. 106.

4.11 Resolution Adopting a List of Street Maintenance Projects for Fiscal Year 2023/2024 Funded By SB 1: the Road Repair and Accountability Act of 2017
Recommendation: That the City Council adopt a Resolution entitled: "A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA HILLS, CALIFORNIA,

ADOPTING A LIST OF STREET MAINTENANCE PROJECTS FOR FISCAL YEAR 2023/2024 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017."

ITEMS REMOVED FROM THE CONSENT CALENDAR

5. PLANNING AGENCY

6. CITY COUNCIL PUBLIC HEARINGS

6.1 Introduction and First Reading of a Proposed Ordinance for Zoning Text Amendment No. RZNE-0008-2023, an Amendment to Title 9 (Zoning and Subdivisions) of the Laguna Hills Municipal Code to Clarify and Expressly Exempt City Owned or Operated Signs and Signs Located on City Property from the Regulations in Chapter 9-42 (Signs and Advertising Devices)
Recommendation: That the City Council: 1) Conduct a Public Hearing; 2) Find and determine that the proposed activity is not subject to the California Environmental Quality Act (CEQA) per Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines; and 3) Introduce for first reading, read by title only, and waive further reading of an Ordinance entitled: "AN ORDINANCE OF THE CITY OF LAGUNA HILLS, CALIFORNIA, ADOPTING ZONING TEXT AMENDMENT NO.

RZNE-0008-2023, AN AMENDMENT TO TITLE 9 (ZONING AND SUBDIVISIONS) OF

THE LAGUNA HILLS MUNICIPAL CODE TO EXPRESSLY EXEMPT SIGNS OWNED OR

OPERATED BY THE CITY OF LAGUNA HILLS OR CONSTRUCTED OR OPERATED ON

PROPERTY OWNED, LEASED, OR OPERATED BY THE CITY OF LAGUNA HILLS FROM REGULATION UNDER CHAPTER 9-42 (SIGNS AND ADVERTISING DEVICES).” City of Laguna Hills City Council/Planning Agency Tuesday, June 13, 2023 Regular Meeting Agenda
7 7. ADMINISTRATIVE REPORTS

7.1. City Manager

8. MATTERS AGENDIZED AND PRESENTED BY CITY COUNCIL MEMBERS

9. CITY COUNCIL MEMBER COMMITTEE REPORTS

9.1 Committee Assignment Reports
Recommendation: That the City Council receive reports from City Council Members on the City Council Committee Assignments listed in the staff report.

10. CITY COUNCIL MEMBER COMMENTS

ADJOURNMENT
The next Regular Meeting of the City Council/Planning Agency will be June 27, 2023, at 7:00 p.m., in the City Council Chamber, located at 24035 El Toro Road, Laguna Hills, California.

CERTIFICATION
I, JENNIFER LEE, City Clerk of the City of Laguna Hills, do hereby certify that a copy of the foregoing Agenda was posted at Laguna Hills City Hall, Laguna Hills Community Center, and the Courtyard at La Paz Center by June 9, 2023, at 5:00 p.m.

June 8, 2023
Jennifer Lee, City Clerk Date
It is the intention of the City of Laguna Hills to comply with the Americans with Disabilities Act in all respects. If as an attendee or a participant at this meeting you will need special assistance beyond what is normally provided, the City of Laguna Hills will attempt to accommodate you in every reasonable manner. Please contact the office of the City Clerk at (949) 707-2635. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.

Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 24035 El Toro Road, Laguna Hills, California, during normal business hours. In addition, such writings or documents will be made available for public review on the City’s website at: https://www.lagunahillsca.gov/supplementalagenda and at the respective public meeting.

City Council Members receive no additional compensation or stipend as a result of simultaneously convening meetings of the Laguna Hills Planning Agency.

City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: June 13, 2023
TO: Mayor and Council Members
FROM: Jennifer Lee
City Clerk
ISSUE: Schedule of Future Events
RECOMMENDATION: That the City Clerk announce the upcoming meetings and events.

SUMMARY:

Parent’s Night Out
Friday, June 16, 6:00 p.m. – 8:30 p.m., Laguna Hills Community Center Events, Communication, and Beautification Committee Regular Meeting Monday, June 19, 11:00 a.m., Laguna Hills Civic Center Admin Conference Room Pacific Symphony’s Symphony on the Go! Concert
Friday, June 23, 6:00 p.m., Laguna Hills Community Center 3 rd Annual Laguna Hills Chamber of Commerce Car Show
Saturday, June 24, 9:00 a.m. – 1:00 p.m., Former Laguna Hills Mall Site City Council/Planning Agency Regular Meeting
Tuesday, June 27, 7:00 p.m., Laguna Hills Civic Center Council Chamber 4 th of July Celebration with Summer Concert featuring Family Style Band Tuesday, July 4, 4:00 p.m. – 6:00 p.m., Laguna Hills Community Center and Sports Complex City Hall and Community Center Closed in observance of 4th of July Tuesday, July 4
City Council/Planning Agency Regular Meeting
Tuesday, July 11, 7:00 p.m., Laguna Hills Civic Center Council Chamber Movies in the Park showing Minions: The Rise of Gru
Friday, July 14, movie will begin 10 minutes after sunset, Cabot Park

2.1 Packet Pg. 8
City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: June 13, 2023
TO: Mayor and Council Members
FROM: Jennifer Lee
City Clerk
ISSUE: Approval of Minutes for May 23, 2023, Special Meeting RECOMMENDATION: That the City Council approve the City Council Minutes for the May 23, 2023, Special Meeting.

ATTACHMENTS:
• May 23, 2023, City Council Special Meeting Minutes

4.2 Packet Pg. 9

CITY OF LAGUNA HILLS

CITY COUNCIL

SPECIAL MEETING

MINUTES
Tuesday, May 23, 2023

CALL TO ORDER
The meeting was called to order at 2:34 p.m. by Mayor Heft.

ROLL CALL OF CITY COUNCIL MEMBERS
Attendee Name Title Status Arrived
Janine Heft Mayor Present
Dave Wheeler Mayor Pro Tempore Present
Don Caskey Council Member Present
Erica Pezold Council Member Present
Joshua Sweeney Council Member Present

PUBLIC COMMENTS
The following individual submitted an electronic public comment on Item No. 2:

Harry Huggins, a representative of the Laguna Terrace Beautification Team, submitted an electronic comment including a list of priorities of improvements for the City Council consideration in the capital improvement budget.

The following individual addressed the City Council on Item No. 2:

Harry Huggins, a representative of the Laguna Terrace Beautification Team, provided public comments complimenting the City Council on improvements made to the entrance of the Laguna Terrace neighborhood and proposed additional improvements for the City Council consideration in the capital improvement budget.

CITY COUNCIL WORKSHOP ITEMS
1 Public Services and Public Facilities Safety Training Seminar The City Council held a training seminar on public services and public facilities safety and received a presentation from Sergeant Brian Gunsolley, OC Sheriff’s Department.

Mayor Heft recessed the meeting at 4:35 p.m.

Mayor Heft reconvened the meeting at 5:02 p.m.

4.2.a
Packet Pg. 10
Attachment: May 23, 2023, City Council Special Meeting Minutes (3180 : Approval of Minutes for May 23, 2023, Special Meeting) City of Laguna Hills City Council Tuesday, May 23, 2023 Special Meeting Minutes
2 2 Study Session for Draft Budget for Fiscal Years 2023/2024 & 2024/2025 The City Council held the second workshop for the upcoming biennial budget for fiscal years 2023/2024 & 2024/2025.

Finance Director Hendrickson reviewed the information provided in the staff report and responded to Council Member requests for additional information.

City Manager Hildenbrand responded to Council Member requests for additional information.

City Clerk Lee responded to Council Member requests for additional information.

The following individuals addressed the City Council on Item No. 2:

Bill Hinds, Laguna Hills High School Principal, provided comments on funding needs of the high school.

Katherine Welles, President Elect of the Laguna Hills High School (LHHS) Parent Teacher Student Association (PTSA), provided public comments on funding needs of the LHHS PTSA.

A motion to support Laguna Hills High School with $4,000 donation was moved by Mayor Heft, seconded by Mayor Pro Tempore Wheeler.

RESULT: APPROVED [4 TO 1]
MOVER: Janine Heft, Mayor
SECONDER: Dave Wheeler, Mayor Pro Tempore
AYES: Janine Heft, Mayor; Dave Wheeler, Mayor Pro Tempore; Don Caskey, Council Member; Joshua Sweeney, Council Member NAYS: Erica Pezold, Council Member
The following individual addressed the City Council on Item No. 2:

Diane Harkey, a resident of Dana Point, provided public comments supporting funds for public safety and an increase to the allocated budget for the Orange County Sheriff’s Department.

Public Works Director/City Engineer Ames responded to Council Member requests for additional information.

City Attorney Simonian responded to Council Member requests for additional information.

4.2.a
Packet Pg. 11
Attachment: May 23, 2023, City Council Special Meeting Minutes (3180 : Approval of Minutes for May 23, 2023, Special Meeting) City of Laguna Hills City Council Tuesday, May 23, 2023 Special Meeting Minutes
3 ADJOURNMENT
There being no further business before the City Council at this session, Mayor Heft declared the meeting adjourned at 6:55 p.m.

Jennifer Lee, City Clerk
ATTEST:

Janine Heft, Mayor
Approved at meeting of May 23, 2023

4.2.a
Packet Pg. 12
Attachment: May 23, 2023, City Council Special Meeting Minutes (3180 : Approval of Minutes for May 23, 2023, Special Meeting) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: June 13, 2023
TO: Mayor and Council Members
FROM: Jennifer Lee
City Clerk
ISSUE: Approval of Minutes for May 23, 2023, Regular Meeting RECOMMENDATION: That the City Council approve the City Council Minutes for the May 23, 2023, Regular Meeting.

ATTACHMENTS:
• May 23, 2023, City Council Regular Meeting Minutes

4.3 Packet Pg. 13

CITY OF LAGUNA HILLS

CITY COUNCIL/PLANNING AGENCY

REGULAR MEETING

MINUTES
Tuesday, May 23, 2023
GENERAL BUSINESS - CONVENING AT 7:00 PM

CALL TO ORDER
The meeting was called to order at 7:03 p.m. by Mayor Heft.

INVOCATION: Council Member Caskey
PLEDGE OF ALLEGIANCE: Council Member Pezold

1. PRESENTATIONS AND PROCLAMATIONS

1.1 Valencia Elementary School Student Liaison Report
The City Council presented Certificates of Appointment and received a report from Valencia Elementary School Student Liaisons Alex Kim and Catherine Karsaz.

1.2 Laguna Hills High School Student Liaison Report
The City Council received an oral report from Laguna Hills High School 2023 Spring Student Liaison Alexa Richter.

1.3 Certificates of Recognition for Laguna Hills High School Student Liaisons Alexa Richter and Audrey Masson
Mayor Heft presented Certificates of Recognition to Alexa Richter and Audrey Masson recognizing their service as the Laguna Hills High School 2023 Spring Student Liaisons.

4.3.a
Packet Pg. 14
Attachment: May 23, 2023, City Council Regular Meeting Minutes (3181 : Approval of Minutes for May 23, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, May 23, 2023 Regular Meeting Minutes
2 1.4 Certificates of Recognition for Outgoing Parks and Recreation Commissioners Dan Cooper and Neel Patel and Outgoing Traffic Commissioner Chris Bieber
Mayor Heft presented Certificates of Recognition to Dan Cooper and Neel Patel recognizing their service to the City. Outgoing Commissioner Chris Bieber was unable to attend the meeting.

1.5 Oaths of Office and Certificates of Appointment for Three Parks and Recreation Commissioners and One Traffic Commissioner
Mayor Heft administered the Oath of Office and presented a Certificate of Appointment to Traffic Commissioner Neel Patel. Parks and Recreation Commissioners Chris Bieber, Marc Trocchio, and Michael Zozaya were unable to attend the meeting.

2. SCHEDULE OF FUTURE EVENTS

2.1 Schedule of Future Events
City Clerk Lee announce the upcoming meetings and events.

3. PUBLIC COMMENTS
The following individuals addressed the City Council on non-agendized items:

Shelley Roe, thanked the City Council for the progress on the street vending issue in her neighborhood and requested additional signage to further abate the issue.

4. CONSENT CALENDAR
The following individuals submitted an electronic public comment on Item No. 4.10 that was received, forwarded to the Council prior to the meeting, posted on the City’s website, and announced into the record by City Clerk Lee:

Farhad Mafie, Maryam Mosallaie, and Tannaz Razzaghi each submitted electronic public comments thanking the City Council for consideration of this item and requesting support for H.R. 589 – MAHSA Act.

The following individuals addressed the City Council on this item:

Henny Abraham and Tannaz Razzaghi each provided public comments thanking the City Council for consideration of the item and requesting support for H.R. 589 – MAHSA Act.

4.3.a
Packet Pg. 15
Attachment: May 23, 2023, City Council Regular Meeting Minutes (3181 : Approval of Minutes for May 23, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, May 23, 2023 Regular Meeting Minutes
3 Motion to approve the Consent Calendar with Mayor Pro Tempore Wheeler removing Item No. 4.6 and Council Member Pezold removing Item No. 4.10.

RESULT: APPROVED [UNANIMOUS]
MOVER: Erica Pezold, Council Member
SECONDER: Dave Wheeler, Mayor Pro Tempore
AYES: Janine Heft, Mayor; Dave Wheeler, Mayor Pro Tempore; Don Caskey, Council Member; Erica Pezold, Council Member; Joshua Sweeney, Council Member

4.1 Waive Reading in Full of all Ordinances and Resolutions on the Agenda Recommendation: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived

4.2 Approval of Minutes for May 9, 2023, Regular Meeting Recommendation: That the City Council approve the City Council Minutes for the May 9, 2023, Regular Meeting.

4.3 Approval of Minutes for May 16, 2023, Special Meetings Recommendation: That the City Council approve the City Council Minutes for the May 16, 2023, Special Meetings.

4.4 Ratification of May 23, 2023, Warrant Register
Recommendation: That the City Council ratify the accompanying Warrant Register for the period from April 28, 2023, to May 11, 2023, in the amount of $1,118,797.58.

4.5 Treasurer's Investment Report for April 2023
Recommendation: That the City Council receive and file the Treasurer's Investment Report for the month of April 2023.

4.7 Special Funds Budget Adjustments
Recommendation: That the City Council approve budget amendments in the following funds: 1) SB 1383 Grant Fund for $44,821; 2) Supplemental Law Enforcement Services (State COPS) Fund for $16,000; 3) American Rescue Plan

4.3.a
Packet Pg. 16
Attachment: May 23, 2023, City Council Regular Meeting Minutes (3181 : Approval of Minutes for May 23, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, May 23, 2023 Regular Meeting Minutes
4 Fund for $2,893,518; and 4) Liability Self-Insurance Fund (including transfer from General Fund) for $150,000.

4.8 Purchase or Lease of One Alternative Fuel Vehicle for Use by the Public Works Department Pursuant to Section 3-08.130 of the Laguna Hills Municipal Code
Recommendation: That the City Council: 1) Approve the purchase or lease of one (1) alternative fuel vehicle pursuant to LHMC Sections 3-08.130 from the list of approved vehicles; 2) Authorize the appropriation of funds from the City’s AB 2766 Subvention Fund for the purchase or lease of the approved vehicle; and 3) Authorize the City Manager to execute a purchase or lease agreement from a dealer in order to procure the vehicle from the list of approved vehicles.

4.9 Notice of Completion and Final Payment for the Civic Center Cooling Tower Replacement Project, CIP No. 505-A
Recommendation: That the City Council: 1) Certify the completion of and accept the improvements for the subject project; 2) Authorize the Public Works Director to sign the Notice of Completion; 3) Authorize the recording of the Notice of Completion with the County of Orange and to release the faithful performance and payment bonds one year and 35 days, respectively, after the date of recordation of the Notice of Completion contingent upon no claims or liens being filed with the City; and 4) Authorize payment of the final retention 35 days after the date of recordation of the Notice of Completion in the net amount of $7,330.00, if no liens have been filed.

ITEMS REMOVED FROM THE CONSENT CALENDAR

4.6 Financial Statements for Fiscal Year Ending June 30, 2022 Mayor Pro Tempore Wheeler removed item No. 4.6 from the Consent Calendar to allow for discussion on the item.

Finance Director Hendrickson responded to Council Member requests for additional information.

Recommendation: That the City Council receive and file the Annual Comprehensive Financial Report and other audit reports for fiscal year 2021/2022.

4.3.a
Packet Pg. 17
Attachment: May 23, 2023, City Council Regular Meeting Minutes (3181 : Approval of Minutes for May 23, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, May 23, 2023 Regular Meeting Minutes
5 RESULT: APPROVED [UNANIMOUS]
MOVER: Dave Wheeler, Mayor Pro Tempore
SECONDER: Erica Pezold, Council Member
AYES: Janine Heft, Mayor; Dave Wheeler, Mayor Pro Tempore; Don Caskey, Council Member; Erica Pezold, Council Member; Joshua Sweeney, Council Member

4.10 Declaring Support of the Iranian-American Community and Condemning the Violence Perpetrated by the Government of Iran Against Its People Council Member Pezold removed item No. 4.10 from the Consent Calendar to allow for discussion on the item.

City Manager Hildenbrand responded to Council Member requests for additional information.

Recommendation: That the City Council: 1) Approve the Letters of Support to Congresswoman Young Kim, Congresswoman Katie Porter, Senator Alex Padilla, Senator Diane Feinstein, and Speaker Kevin McCarthy; and 2) Adopt Resolution No. 2023-05-23-1: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA HILLS, CALIFORNIA, DECLARING SUPPORT OF THE IRANIAN-AMERICAN

COMMUNITY AND CONDEMNING THE VIOLENCE PERPETRATED BY THE GOVERNMENT OF IRAN AGAINST ITS PEOPLE".

A motion to move staff recommendation and to direct staff to revise the Resolution to include support for House Resolution 589 – MAHSA Act and to have the letters of support signed by all City Council Members was moved by Mayor Heft, seconded by Council Member Caskey.

RESULT: APPROVED [UNANIMOUS]
MOVER: Janine Heft, Mayor
SECONDER: Don Caskey, Council Member
AYES: Janine Heft, Mayor; Dave Wheeler, Mayor Pro Tempore; Don Caskey, Council Member; Erica Pezold, Council Member; Joshua Sweeney, Council Member

5. PLANNING AGENCY
There were no separate Planning Agency Business Items for this meeting.

6. CITY COUNCIL PUBLIC HEARINGS
There were no City Council Public Hearings for this meeting.

4.3.a
Packet Pg. 18
Attachment: May 23, 2023, City Council Regular Meeting Minutes (3181 : Approval of Minutes for May 23, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, May 23, 2023 Regular Meeting Minutes
6 7. ADMINISTRATIVE REPORTS

7.1. City Manager
The City Manager gave no Administrative Reports.

7.2. Deputy City Manager/Community Services Director

7.2.1 First Amendment to the Memorandum of Understanding Regarding Solid Waste Procurement Services by and Between the City of Laguna Hills and the City of Lake Forest (MOU) and a Report on the Ad-Hoc Committee Policy Decisions Under Phase 1 of the MOU
Deputy City Manager/Community Services Director Reynolds reviewed the information provided in the staff report, provided a PowerPoint presentation, and responded to Council Member requests for additional information.

William O’Toole, President, EcoNomics, Inc., responded to Council Member requests for additional information.

Recommendation: That the City Council: 1) Receive a report on the Solid Waste and Recycling Franchise Procurement Ad-Hoc Committee policy decisions for the next 10-year franchise agreement under Phase 1 MOU work efforts; 2) Approve the First Amendment to Memorandum of Understanding Regarding Solid Waste Procurement Services by and between the City of Laguna Hills and the City of Lake Forest; and 3) Authorize the City Manager to execute the First Amendment.

RESULT: APPROVED [3-0]
MOVER: Don Caskey, Council Member
SECONDER: Erica Pezold, Council Member
AYES: Janine Heft, Mayor; Don Caskey, Council Member;
Erica Pezold, Council Member
ABSTAIN: Dave Wheeler, Mayor Pro Tempore; Joshua
Sweeney, Council Member

8. MATTERS AGENDIZED AND PRESENTED BY CITY COUNCIL MEMBERS

8.1. Mayor Heft and Council Member Sweeney

8.1.1 Council Discussion Regarding Options for Formation of a New Public Safety Standing Committee

4.3.a
Packet Pg. 19
Attachment: May 23, 2023, City Council Regular Meeting Minutes (3181 : Approval of Minutes for May 23, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, May 23, 2023 Regular Meeting Minutes
7 A motion to reconsider the issue was made by Mayor Heft, seconded by Council Member Sweeney.

RESULT: APPROVED [UNANIMOUS]
MOVER: Janine Heft, Mayor
SECONDER: Joshua Sweeney, Council Member
AYES: Janine Heft, Mayor; Dave Wheeler, Mayor Pro
Tempore; Don Caskey, Council Member;
Erica Pezold, Council Member; Joshua Sweeney,
Council Member
The following individual addressed the City Council on Item No. 8.1.1:

Yevgenya Koch, founder of Parents Against School Shootings (PASS), provided comments in favor of formation of a Public Safety Committee and requested additional School Resource Officers (SROs) be assigned to Laguna Hills schools.

City Attorney Simonian responded to Council Member requests for additional information.

City Manager Hildenbrand responded to Council Member request for additional information.

Recommendation: Mayor Heft and Council Member Sweeney recommend that the City Council revisit the formation of a new Public Safety Standing Committee and appoint two City Council Members to serve on said committee.

Mayor Heft received consensus to direct staff to schedule a Public Safety City Council Workshop on the fourth Tuesday of every even numbered month at 4:00 p.m.

9. CITY COUNCIL MEMBER COMMITTEE REPORTS

9.1 Committee Assignment Reports
The City Council received reports from City Council Members on the City Council Committee Assignments listed in the staff report.

10. CITY COUNCIL MEMBER COMMENTS
Council Member Caskey
Council Member Caskey referenced the Council’s recent discussion on e-bikes and shared an incident he recently had with an e-bike in the road.

4.3.a
Packet Pg. 20
Attachment: May 23, 2023, City Council Regular Meeting Minutes (3181 : Approval of Minutes for May 23, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, May 23, 2023 Regular Meeting Minutes
8 Mayor Pro Tempore Wheeler
Mayor Pro Tempore Wheeler expressed concern over books that are available at the local libraries.

Council Member Pezold
Council Member Pezold shared her desire to hold collaborative meetings with local homeowner’s associations and to add the City Council’s committee assignments to the City’s website.

Council Member Pezold thanked Polices Services for the fantastic job they have been doing.

ADJOURNMENT
There being no further business before the City Council at this session, Mayor Heft declared the meeting adjourned at 10:05 p.m.

Jennifer Lee, City Clerk
ATTEST:

Janine Heft, Mayor
Approved at meeting of June 13, 2023

4.3.a
Packet Pg. 21
Attachment: May 23, 2023, City Council Regular Meeting Minutes (3181 : Approval of Minutes for May 23, 2023, Regular Meeting) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: June 13, 2023
TO: Mayor and Council Members
FROM: Eric Hendrickson
Finance Director
ISSUE: Ratification of June 13, 2023, Warrant Register
RECOMMENDATION: That the City Council ratify the accompanying Warrant Register for the period from May 12, 2023, to June 1, 2023, in the amount of $524,571.23.

SUMMARY:

The City issues accounts payable disbursements on a regular basis and presents it to City Council for ratification at its next regularly scheduled City Council Meeting. The attached Warrant Register containing checks and electronic funds transfers for the period from May 12, 2023, to June 1, 2023, is being presented for ratification by the City Council.

Payments have been reviewed and approved by the appropriate departmental staff. The Finance Director certifies to the accuracy of the attached register and to the availability of monies for payment thereof.

ATTACHMENTS:
• Warrant Register - June 13, 2023
• Payables Detail Report - June 13, 2023

4.4 Packet Pg. 22
Payment Amount

15.62 139,270.00
286.74
61,036.81
619.45
6,704.00
17,534.51
1,594.44
500.00
12,722.82
49,075.94

83.48 1,200.00
601.26
369.58
2,304.13

37.71 6,250.00
1,168.50
800.00
7,265.31
7,230.00
1,207.00
1,000.00

83.96 15,270.02
6,181.50
9,664.64
235.60
11,755.00
9,264.99
300.77
4,151.52
250.00
452.46
235.23

84.02 (84.02)

24.67 995.00
40,531.78
100.73
741.30
318.75
232.32
3,000.00
911.85
946.08
4,000.00
225.71
876.00
211.33

71.77 6/1/2023 1:19:55 PM Page 1 of 4
2090 O-1608 OCEAN BLUE ENVIRONMENTAL SERVICES, INC. 05/30/2023 2091 P-1824 PACKET FUSION, INC. 05/30/2023
2092 S-2289 PETTY CASH 05/30/2023
2087 C-0023 COX COMMUNICATION 05/30/2023
2088 L-1206 LAGUNA HILLS HIGH SCHOOL 05/30/2023
2089 M-1388 MOBILE MINI, INC. 05/30/2023
2084 T-2712 TOTAL SOURCE OFFICEWORKS 05/25/2023
2085 A-0383 ALVARON ENTERTAINMENT & EVENTS, INC. 05/30/2023 2086 C-1177 CANON FINANCIAL SERVICES, INC. 05/30/2023
2081 S-1904 SOUTHERN CALIFORNIA EDISON 05/25/2023
2082 S-2295 SOUTHERN COMPUTER WAREHOUSE 05/25/2023
2083 S-2250 SPARKLETTS 05/25/2023
2078 R-1985 REGIONAL FIRST AID, INC 05/25/2023
2079 R-1977 RJ ELECTRIC 05/25/2023
2080 S-1902 SAN DIEGO GAS AND ELECTRIC 05/25/2023
2076 O-1546 OFFICE SOLUTIONS 05/25/2023
2077 S-2289 PETTY CASH 05/25/2023
2077 S-2289 PETTY CASH 05/30/2023
2073 M-1302 MOULTON NIGUEL WATER DISTRICT 05/25/2023
2074 Z-CS-0417 NEALON, GERI 05/25/2023
2075 N-1474 NIEVES LANDSCAPE, INC. 05/25/2023
2070 H-0829 HARTZOG AND CRABILL, INC. 05/25/2023
2071 M-1600 MERCY HOUSE LIVING CENTERS, INC. 05/25/2023 2072 M-1388 MOBILE MINI, INC. 05/25/2023
2067 D-0578 DE NOVO PLANNING GROUP 05/25/2023
2068 E-0504 EL TORO WATER DISTRICT 05/25/2023
2069 E-0600 EWING IRRIGATION PRODUCTS, INC 05/25/2023
2064 C-1075 CITY OF LAGUNA WOODS 05/25/2023
2065 C-1139 COMPLETE OFFICE OF CALIFORNIA 05/25/2023
2066 C-1122 CROSSTOWN ELECTRICAL AND DATA, INC. 05/25/2023 2061 A-0138 ALL CITY MANAGEMENT, INC. 05/25/2023
2062 A-0359 ANDERSON PENNA PARTNERS, INC. 05/25/2023
2063 C-1133 CALIFORNIA YELLOW CAB 05/25/2023
2058 T-2702 TRIPEPI SMITH AND ASSOCIATES, INC. 05/18/2023 2059 V-2224 VERIZON WIRELESS 05/18/2023
2060 W-2337 WEST COAST ARBORISTS, INC. 05/18/2023
2055 P-1832 PRINTEX PRINTING AND GRAPHICS INC. 05/18/2023 2056 S-2060 SAN DIEGO NATURAL HISTORY MUSEUM 05/18/2023 2057 S-2209 STUDIO TWO BLACK DIAMOND 05/18/2023
2052 O-1610 ORACLE AMERICA, INC. 05/18/2023
2053 S-2315 PETTY CASH 05/18/2023
2054 S-2289 PETTY CASH 05/18/2023
2049 Z-CS-0416 MARTINEZ, KARINA 05/18/2023
2050 N-1464 NEXTECH SYSTEMS, INC. 05/18/2023
2051 N-1474 NIEVES LANDSCAPE, INC. 05/18/2023
2046 E-0544 ECONOLITE SYSTEMS, INC 05/18/2023
2047 E-0554 ECONOMICS, INC. 05/18/2023
2048 J-1057 JAMEY CLARK, INC. 05/18/2023
2043 A-0365 AT AND T - CALNET 3 05/18/2023
2044 C-0324 CITY OF MISSION VIEJO 05/18/2023
2045 D-0575 DOG WASTE DEPOT 05/18/2023
Payment Type: Regular
2041 A-0349 A SOURCE OF PRIDE 05/18/2023
2042 A-0386 ALLISON MECHNICAL, INC. 05/18/2023
Warrant Register - June 13, 2023
City of Laguna Hills, CA By Check Number
Date Range: 05/12/2023 - 06/01/2023
Check Number Vendor Number Vendor Name Payment Date

4.4.a
Packet Pg. 23
Attachment: Warrant Register - June 13, 2023 (3190 : Warrant Register, June 13, 2023) Payment Amount
214.42
202.27
166.15
174.03
500.00
600.00
500.00
582.84
141.00
294.30
22,215.49
169.67
891.00
144.73
105.60
11,000.00
1,000.00
135.74
600.00
35,172.17
504,719.69
6/1/2023 1:19:55 PM Page 2 of 4
2111 W-2337 WEST COAST ARBORISTS, INC. 06/01/2023
2112 R-1801 WOODRUFF 06/01/2023
Total Regular:
2108 R-1977 RJ ELECTRIC 06/01/2023
2109 M-1565 RUN KIDS RUN 06/01/2023
2110 T-2712 TOTAL SOURCE OFFICEWORKS 06/01/2023
2105 O-1608 OCEAN BLUE ENVIRONMENTAL SERVICES, INC. 06/01/2023 2106 O-1546 OFFICE SOLUTIONS 06/01/2023
2107 P-1832 PRINTEX PRINTING AND GRAPHICS INC. 06/01/2023 2102 J-1057 JAMEY CLARK, INC. 06/01/2023
2103 J-1071 JCTEES.COM CORPORATION 06/01/2023
2104 N-1474 NIEVES LANDSCAPE, INC. 06/01/2023
2099 Z-CS-0419 CORONA, TERESA 06/01/2023
2100 C-0023 COX COMMUNICATION 06/01/2023
2101 D-0561 DOCU-TRUST 06/01/2023
2096 S-2316 SHEPHERD, GEORGIA 05/30/2023
2097 Z-CS-0418 ARELLANO, ANAYENSI 06/01/2023
2098 B-0433 BEAST PACING 06/01/2023
2093 P-1832 PRINTEX PRINTING AND GRAPHICS INC. 05/30/2023 2094 R-1830 RALPHS GROCERY COMPANY 05/30/2023
2095 R-1985 REGIONAL FIRST AID, INC 05/30/2023
Warrant Register - June 13, 2023 Date Range: 05/12/2023 - 06/01/2023 Check Number Vendor Number Vendor Name Payment Date

4.4.a
Packet Pg. 24
Attachment: Warrant Register - June 13, 2023 (3190 : Warrant Register, June 13, 2023) Payment Amount
19,851.54
6/1/2023 1:19:55 PM Page 3 of 4
EFT's 0 0 0.00 0.00
160 74 0.00 524,571.23
Voided Checks 0 1 0.00 (84.02)
Bank Drafts 71 1 0.00 19,851.54
Regular Checks 89 72 0.00 504,803.71
Manual Checks 0 0 0.00 0.00
Payment Type: Bank Draft
DFT0002469 B-0276 BANK OF AMERICA VISA CARD 05/15/2023
Total Bank Draft: 19,851.54
Bank Code AP Bank Summary
Payable
Count
Payment
Payment Type Count Discount Payment
Warrant Register - June 13, 2023 Date Range: 05/12/2023 - 06/01/2023 Check Number Vendor Number Vendor Name Payment Date

4.4.a
Packet Pg. 25
Attachment: Warrant Register - June 13, 2023 (3190 : Warrant Register, June 13, 2023) 998 POOL 6/2023 74,052.54
524,571.23
6/1/2023 1:19:55 PM Page 4 of 4
Fund Summary
Fund Name Period Amount
998 POOL 5/2023 450,518.69
EFT's 0 0 0.00 0.00
160 74 0.00 524,571.23
Voided Checks 0 1 0.00 (84.02)
Bank Drafts 71 1 0.00 19,851.54
Regular Checks 89 72 0.00 504,803.71
Manual Checks 0 0 0.00 0.00
Warrant Register - June 13, 2023 Date Range: 05/12/2023 - 06/01/2023 All Bank Codes Check Summary
Payable
Count
Payment
Payment Type Count Discount Payment

4.4.a
Packet Pg. 26
Attachment: Warrant Register - June 13, 2023 (3190 : Warrant Register, June 13, 2023) Amount
05/15/2023 BANK OF AMERICA VISA CARD POLSVCS 04.20.23 - 06 Chick-fil-A 100-420-695000 111.97 6/1/2023 1:22:18 PM Page 1 of 7
05/15/2023 BANK OF AMERICA VISA CARD POLSVCS 04.20.23 - 03 Home Goods 100-420-695000 18.97 05/15/2023 BANK OF AMERICA VISA CARD POLSVCS 04.20.23 - 04 South Coast Trophy 100-420-622000 116.37 05/15/2023 BANK OF AMERICA VISA CARD POLSVCS 04.20.23 - 05 Hobby Lobby 100-420-695000 16.09 05/15/2023 BANK OF AMERICA VISA CARD GENGOV1 04.20.23 - 17 Greek Bistro 100-155-622000 99.50 05/15/2023 BANK OF AMERICA VISA CARD POLSVCS 04.20.23 - 01 Costco 100-420-695000 157.95 05/15/2023 BANK OF AMERICA VISA CARD POLSVCS 04.20.23 - 02 Ralphs 100-420-695000 58.72 05/15/2023 BANK OF AMERICA VISA CARD GENGOV1 04.20.23 - 14 Greek Bistro 100-155-622000 254.73 05/15/2023 BANK OF AMERICA VISA CARD GENGOV1 04.20.23 - 15 OC Towncar 100-155-612002 175.00 05/15/2023 BANK OF AMERICA VISA CARD GENGOV1 04.20.23 - 16 Omni La Costa Hotel 100-155-612000 333.90 05/15/2023 BANK OF AMERICA VISA CARD GENGOV1 04.20.23 - 11 Association of California Cities 100-155-612002 2,412.96 05/15/2023 BANK OF AMERICA VISA CARD GENGOV1 04.20.23 - 12 Greek Bistro 100-155-622000 62.35 05/15/2023 BANK OF AMERICA VISA CARD GENGOV1 04.20.23 - 13 King's Fish House 100-155-622000 74.81 05/15/2023 BANK OF AMERICA VISA CARD GENGOV1 04.20.23 - 08 United Airlines 100-155-612002 654.80 05/15/2023 BANK OF AMERICA VISA CARD GENGOV1 04.20.23 - 09 United Airlines 100-155-612002 34.00 05/15/2023 BANK OF AMERICA VISA CARD GENGOV1 04.20.23 - 10 United Airlines 100-155-612002 34.00 05/15/2023 BANK OF AMERICA VISA CARD GENGOV1 04.20.23 - 05 Association of California Cities 100-155-612002 1,144.44 05/15/2023 BANK OF AMERICA VISA CARD GENGOV1 04.20.23 - 06 Villa Roma 100-155-622000 208.73 05/15/2023 BANK OF AMERICA VISA CARD GENGOV1 04.20.23 - 07 Michael's 100-155-620000 80.76 05/15/2023 BANK OF AMERICA VISA CARD GENGOV1 04.20.23 - 02 Expedia 100-155-612002 4.82 05/15/2023 BANK OF AMERICA VISA CARD GENGOV1 04.20.23 - 03 United Airlines 100-155-612002 358.90 05/15/2023 BANK OF AMERICA VISA CARD GENGOV1 04.20.23 - 04 Alaska Air 100-155-612002 188.90 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 28 Facebook 100-310-695507 900.00 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 29 Varidesk 100-195-940000 (592.63) 05/15/2023 BANK OF AMERICA VISA CARD GENGOV1 04.20.23 - 01 Second Reef Deli 100-155-622000 44.52 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 25 Apple.com 100-310-695502 10.99 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 26 Adobe 100-195-720050 239.88 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 27 Facebook 100-310-695507 900.00 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 22 OC Parks 100-310-695507 375.00 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 23 Adobe 100-195-720050 239.88 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 24 Facebook 100-310-695507 900.00 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 19 Facebook 100-310-695507 900.00 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 20 Best Buy 100-195-621000 69.99 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 21 Orange County Fire Authority 100-310-695507 545.44 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 16 Laguna Hills Building Web 100-310-695507 1,107.05 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 17 GoTo Meeting 100-195-720050 192.00 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 18 GoTo Meeting 100-195-720050 192.00 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 13 OC Register Subscription 100-310-626000 24.79 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 14 Varidesk 100-195-940000 242.44 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 15 Firehouse Subs 100-310-611000 116.88 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 10 Bluebeam Inc. 100-195-720050 1,280.08 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 11 Varidesk 100-195-940000 242.44 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 12 Willscot Mobile Mini 100-310-641000 341.83 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 07 Quail Gardens Foundation 100-310-695505 42.00 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 08 Griffith Pay Parking 100-310-695505 30.00 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 09 CDW Government 100-195-940000 117.59 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 04 CDW Government 100-195-940000 1,217.82 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 05 Varidesk 100-195-940000 592.63 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 06 Best Buy 100-195-621000 312.43 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 01 Amazon Marketplace 100-195-621000 227.82 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 02 Amazon.com 100-195-621000 20.56 05/15/2023 BANK OF AMERICA VISA CARD COMSVCS 04.21.23 - 03 Amazon.com 100-195-621000 16.15 Payables Detail Report
City of Laguna Hills, CA By Fund
Payment Dates 05/12/2023 - 06/01/2023
Payment Date Vendor Name Payable Number Description (Payable) Account Number Fund: 100 - GENERAL FUND
05/15/2023 BANK OF AMERICA VISA CARD COMDEV 04.20.23 - 01 Laguna Hills Chamber of Commerce 100-225-610000 25.00

4.4.b
Packet Pg. 27
Attachment: Payables Detail Report - June 13, 2023 (3190 : Warrant Register, June 13, 2023) Amount
6/1/2023 1:22:18 PM Page 2 of 7
05/25/2023 MOULTON NIGUEL WATER DISTRICT 051123 Water Usage, Public Works & Com Ctr, Apr '23
100-355-635000 3,376.22
05/25/2023 SAN DIEGO GAS AND ELECTRIC 051623 Street Lights, Traffic Control, Com Ctr, Mar-May
100-310-631100 10,610.63
05/25/2023 SAN DIEGO GAS AND ELECTRIC 051623 Street Lights, Traffic Control, Com Ctr, Mar-May
100-355-631000 10,225.76
05/18/2023 MARTINEZ, KARINA FRD-0307 Refund, Facility Deposit, R #1035336.002
100-000-222000 500.00
05/18/2023 SAN DIEGO NATURAL HISTORY
MUSEUM
SI03338 Fossil Exhibit Improvement Project,
Apr '23
100-310-695504 2,304.13
05/25/2023 MOULTON NIGUEL WATER DISTRICT 051123 Water Usage, Public Works & Com Ctr, Apr '23
100-310-635100 775.30
05/18/2023 ALLISON MECHNICAL, INC. 82775 Civic Ctr Cooling Tower, CIP 505, Application #1
100-600-790600 139,270.00
05/18/2023 A SOURCE OF PRIDE 9110660 Operating Supplies, May '23 100-195-622000 15.62 05/18/2023 VERIZON WIRELESS 9933408504 Communication Expense, Apr '23 100-195-630000 1,168.50 05/18/2023 JAMEY CLARK, INC. 73882 Park Repairs, Public Works, May '23 100-355-720701 522.69 05/18/2023 NIEVES LANDSCAPE, INC. 74585 Monthly and Misc Landscape, May 100-355-720700 89.94 05/18/2023 NIEVES LANDSCAPE, INC. 74590 Monthly and Misc Landscape, May 100-355-720700 48,986.00 05/18/2023 DOG WASTE DEPOT 541436 Operating Supplies, Apr '23 100-355-622000 619.45 05/18/2023 JAMEY CLARK, INC. 73873 Graffiti Removal, Public Works, Apr 100-355-720500 585.00 05/18/2023 JAMEY CLARK, INC. 73874 Graffiti Removal, Public Works, May '23
100-355-720500 486.75
05/18/2023 CITY OF MISSION VIEJO 21076 Animal Care Services, Apr-Jun '23 100-420-720401 61,036.81 05/18/2023 PRINTEX PRINTING AND GRAPHICS
INC.
24328 (1) Advertising-Program Services, Apr 100-310-624500 369.58 05/18/2023 ECONOLITE SYSTEMS, INC 40438-40439 Maintenance Agreement, 1/1/23 - 12/31/2024
100-355-720420 6,704.00
05/18/2023 ORACLE AMERICA, INC. 100797272 Offsite Backup, Apr '23 100-195-720050 83.48 05/18/2023 TRIPEPI SMITH AND ASSOCIATES, 10082 Communications Support, May '23 100-155-695000 6,250.00 05/18/2023 WEST COAST ARBORISTS, INC. 199316 Tree Trimming Services, Apr '23 100-355-720702 800.00 05/18/2023 PETTY CASH 051123 Petty Cash Replenishment, Feb - May '23
100-195-617000 47.07
05/18/2023 PETTY CASH 051123 Petty Cash Replenishment, Feb - May '23
100-355-611000 105.45
05/18/2023 STUDIO TWO BLACK DIAMOND 100072 Printing Services, May '23 100-195-623000 37.71 05/18/2023 AT AND T - CALNET 3 000019904918 Alarm, Com Ctr & City Hall Lines, May '23
100-195-630000 152.97
05/18/2023 AT AND T - CALNET 3 000019904918 Alarm, Com Ctr & City Hall Lines, May '23
100-310-630100 110.86
05/18/2023 PETTY CASH 051123 Petty Cash Replenishment, Feb - May '23
100-155-622000 448.74
05/15/2023 BANK OF AMERICA VISA CARD PUBWKS 04.20.23 - 17 Harbor Freight Tools 100-355-622000 (20.46) 05/15/2023 BANK OF AMERICA VISA CARD PUBWKS 04.20.23 - 18 Harbor Freight Tools 100-355-622000 (20.46) 05/18/2023 AT AND T - CALNET 3 000019899348 Traffic Signal, Public Works, Apr '23 100-356-630000 22.91 05/15/2023 BANK OF AMERICA VISA CARD PUBWKS 04.20.23 - 14 Amazon.com 100-355-622000 101.74 05/15/2023 BANK OF AMERICA VISA CARD PUBWKS 04.20.23 - 15 Home Depot 100-355-720401 (146.56) 05/15/2023 BANK OF AMERICA VISA CARD PUBWKS 04.20.23 - 16 Home Depot 100-355-622000 (21.55) 05/15/2023 BANK OF AMERICA VISA CARD PUBWKS 04.20.23 - 11 Home Depot 100-355-720401 30.47 05/15/2023 BANK OF AMERICA VISA CARD PUBWKS 04.20.23 - 12 Home Depot 100-355-720701 18.69 05/15/2023 BANK OF AMERICA VISA CARD PUBWKS 04.20.23 - 13 Pedroza Ready Mix 100-355-720401 1,504.93 05/15/2023 BANK OF AMERICA VISA CARD PUBWKS 04.20.23 - 08 Harbor Freight Tools 100-355-622000 46.30 05/15/2023 BANK OF AMERICA VISA CARD PUBWKS 04.20.23 - 09 Home Depot 100-355-622000 19.11 05/15/2023 BANK OF AMERICA VISA CARD PUBWKS 04.20.23 - 10 Home Depot 100-355-720401 38.53 05/15/2023 BANK OF AMERICA VISA CARD PUBWKS 04.20.23 - 05 Home Depot 100-355-720401 10.24 05/15/2023 BANK OF AMERICA VISA CARD PUBWKS 04.20.23 - 06 Home Depot 100-355-622000 201.15 05/15/2023 BANK OF AMERICA VISA CARD PUBWKS 04.20.23 - 07 Harbor Freight Tools 100-355-622000 20.46 05/15/2023 BANK OF AMERICA VISA CARD PUBWKS 04.20.23 - 02 Resource Building Material 100-355-720401 98.05 05/15/2023 BANK OF AMERICA VISA CARD PUBWKS 04.20.23 - 03 Home Depot 100-355-720401 300.00 05/15/2023 BANK OF AMERICA VISA CARD PUBWKS 04.20.23 - 04 Home Depot 100-355-720401 95.60 Payables Detail Report Payment Dates: 05/12/2023 - 06/01/2023 Payment Date Vendor Name Payable Number Description (Payable) Account Number 05/15/2023 BANK OF AMERICA VISA CARD PUBWKS 04.20.23 - 01 Resource Building Material 100-355-720401 98.05

4.4.b
Packet Pg. 28
Attachment: Payables Detail Report - June 13, 2023 (3190 : Warrant Register, June 13, 2023) Amount
05/30/2023 LAGUNA HILLS HIGH SCHOOL 053023 2023 Grad Night Contribution 100-155-695000 4,000.00 05/30/2023 ALVARON ENTERTAINMENT &
EVENTS, INC.
2023-017 Program Expense, 1/2 Marathon 100-310-695507 3,000.00 6/1/2023 1:22:18 PM Page 3 of 7
05/30/2023 PETTY CASH 052623 Petty Cash Replenishment, May '23 100-000-103002 31.14 05/30/2023 PETTY CASH 052623 Petty Cash Replenishment, May '23 100-155-622000 28.38 05/30/2023 PETTY CASH 052623 Petty Cash Replenishment, May '23 100-355-611000 12.25 05/30/2023 COX COMMUNICATION 050623 T-1 Line, May '23 100-195-630000 862.08 05/30/2023 COX COMMUNICATION 050723 Traffic Signal, May '23 100-195-630000 84.00 05/30/2023 SHEPHERD, GEORGIA 052523 Office Supplies, Comm Ctr, May '23 100-310-620500 174.03 05/25/2023 CITY OF LAGUNA WOODS PW-67 Cost Share for Excavation of Damaged Pipe
100-355-720401 1,000.00
05/30/2023 RALPHS GROCERY COMPANY 0323137175_23420900 Operating Supplies, Comnm Svcs, Apr '23
100-310-622005 98.64
05/30/2023 RALPHS GROCERY COMPANY 0423137702_23567648 Operating Supplies, Comnm Svcs, May '23
100-310-622005 103.63
05/25/2023 NEALON, GERI FRD-0308 Refund, Facility Deposit, R #1035326.002
100-000-222000 250.00
05/25/2023 OFFICE SOLUTIONS I-02125734 Office/Operating Supplies, May '23 100-195-620000 74.64 05/25/2023 OFFICE SOLUTIONS I-02125734 Office/Operating Supplies, May '23 100-195-622000 160.59 05/25/2023 MOBILE MINI, INC. 9017711259 Storage Rental, Community Center, 5/16 - 6/12/23
100-310-641000 82.97
05/25/2023 MOBILE MINI, INC. 9017724520 Storage Rental, Community Center, 5/17 - 6/13/23
100-310-641000 217.80
05/25/2023 REGIONAL FIRST AID, INC 92732 Operating Supplies, Apr '23 100-195-622000 24.67 05/25/2023 RJ ELECTRIC 61859 Parks Contract Repair, May '23 100-355-720701 995.00 05/25/2023 NIEVES LANDSCAPE, INC. 74586 Rooted Campaign, May '23 100-310-695500 452.46 05/25/2023 ALL CITY MANAGEMENT, INC. 85617 Crossing Guard Services, 4/30/23 - 5/13/23
100-420-720822 7,265.31
05/25/2023 MERCY HOUSE LIVING CENTERS, INC. 5003-22-12 Contract Services - Homelessness, Dec '22
100-310-720302 2,850.27
05/25/2023 MERCY HOUSE LIVING CENTERS, INC. 5003-23-1 Contract Services - Homelessness, Jan '23
100-310-720302 2,579.90
05/25/2023 MERCY HOUSE LIVING CENTERS, INC. 5003-23-2 Contract Services - Homelessness, Feb '23
100-310-720302 3,130.85
05/25/2023 CROSSTOWN ELECTRICAL AND DATA,
INC.
4296-23-004 Traffic Signal Maintenance, Apr '23 100-356-720420 3,644.70 05/25/2023 CROSSTOWN ELECTRICAL AND DATA,
INC.
4571 - 4636 Traffic Signal Maintenance, Apr '23 100-356-720420 11,625.32 05/25/2023 MERCY HOUSE LIVING CENTERS, INC. 5003-21-05 Contract Services - Homelessness, May '21
100-310-720302 703.97
05/25/2023 DE NOVO PLANNING GROUP 3843 Hazard Mitigation Plan, May '23 100-355-700300 4,331.50 05/25/2023 COMPLETE OFFICE OF CALIFORNIA 4049563-0 Computer Supplies, May '23 100-195-621000 83.96 05/25/2023 SPARKLETTS 4228482 051923 Operating Supplies, May '23 100-195-622000 318.75 05/25/2023 TOTAL SOURCE OFFICEWORKS 32086 Office/Operating Supplies, May '23 100-195-620000 135.74 05/25/2023 TOTAL SOURCE OFFICEWORKS 32086 Office/Operating Supplies, May '23 100-195-622000 96.58 05/25/2023 DE NOVO PLANNING GROUP 3827 Hazard Mitigation Plan, Apr '23 100-355-700300 1,850.00 05/25/2023 HARTZOG AND CRABILL, INC. 23-0347(HCI#3698) Traffic Signal Mgmt Services, Apr '23 100-356-700101 3,320.00 05/25/2023 HARTZOG AND CRABILL, INC. 23-0348(HCI#3502) Traffic Signal Mgmt Services, CIP 168, Apr '23
100-356-700101 1,390.00
05/25/2023 HARTZOG AND CRABILL, INC. 23-0348(HCI#3502) Traffic Signal Mgmt Services, CIP 168, Apr '23
100-600-790600 722.50
05/25/2023 ANDERSON PENNA PARTNERS, INC. 136474 Inspection Services, Apr '23 100-355-700255 7,230.00 05/25/2023 EWING IRRIGATION PRODUCTS, INC 19234690 Rooted Campaign, Apr '23 100-310-695500 235.60 05/25/2023 HARTZOG AND CRABILL, INC. 23-0346(HCI#3695) Traffic Signal Mgmt Services, Apr '23 100-356-700101 6,322.50 05/25/2023 SOUTHERN CALIFORNIA EDISON 051923 - Acct #700076000453 Street Lights, Traffic Control, Apr '23 100-356-631400 100.73 05/25/2023 SOUTHERN COMPUTER WAREHOUSE 052223 SCW Quote #1778832 - Rev 1 of 1, Adobe Acrobat Pro
100-195-720050 741.30
05/25/2023 EL TORO WATER DISTRICT 052423 Water Usage, Public Works, Apr '23 100-355-635000 9,664.64 Payables Detail Report Payment Dates: 05/12/2023 - 06/01/2023 Payment Date Vendor Name Payable Number Description (Payable) Account Number 05/25/2023 SAN DIEGO GAS AND ELECTRIC 051623 Street Lights, Traffic Control, Com Ctr, Mar-May
100-356-631400 16,331.36
05/25/2023 SAN DIEGO GAS AND ELECTRIC 051623 Street Lights, Traffic Control, Com Ctr, Mar-May
100-356-631900 3,364.03

4.4.b
Packet Pg. 29
Attachment: Payables Detail Report - June 13, 2023 (3190 : Warrant Register, June 13, 2023) Amount
6/1/2023 1:22:18 PM Page 4 of 7
Fund: 600 - CAPITAL IMPROVEMENT PROJECT
05/18/2023 ALLISON MECHNICAL, INC. 82775 Civic Ctr Cooling Tower, CIP 505, Application #1
600-000-490100 (139,270.00)
05/18/2023 ALLISON MECHNICAL, INC. 82775 Civic Ctr Cooling Tower, CIP 505, Application #1
600-255-950505 139,270.00
05/25/2023 HARTZOG AND CRABILL, INC. 23-0348(HCI#3502) Traffic Signal Mgmt Services, CIP 168, Apr '23
600-000-490100 (722.50)
Fund: 306 - CR&R RECYCLING FEE
05/18/2023 ECONOMICS, INC. 2017-2018.70 Professional Services, Recycling Program, Apr '23
306-355-700000 17,534.51
Fund 306 - CR&R RECYCLING FEE Total: 17,534.51
Fund: 451 - LIABILITY SELF-INSURANCE
06/01/2023 WOODRUFF 73978 Professional Services Legal, Apr '23 451-155-700011 6,017.17 Fund 451 - LIABILITY SELF-INSURANCE Total: 6,017.17
Fund 212 - MEASURE M Total: 12,722.82
Fund: 221 - SENIOR MOBILITY PROGRAM
05/25/2023 CALIFORNIA YELLOW CAB 3406023 Senior Mobility Program, Mar '23 221-310-720000 522.00 05/25/2023 CALIFORNIA YELLOW CAB 4406023 Senior Mobility Program, Apr '23 221-310-720000 685.00 Fund 221 - SENIOR MOBILITY PROGRAM Total: 1,207.00
06/01/2023 CORONA, TERESA FRD-0310 Refund, Facility Deposit, R #1035439.002
100-000-222000 500.00
06/01/2023 OFFICE SOLUTIONS I-02128315 Operating Supplies, May '23 100-195-622000 144.73 Fund 100 - GENERAL FUND Total: 485,889.73
Fund: 212 - MEASURE M
05/18/2023 NEXTECH SYSTEMS, INC. INV1866 Solar Speed Check Radar Signs, Apr 212-355-720400 12,722.82 06/01/2023 RJ ELECTRIC 78560E Parks Contract Repair, May '23 100-355-720701 11,000.00 06/01/2023 JCTEES.COM CORPORATION 8655 1/2 Marathon Expense, May '23 100-310-695507 22,215.49 06/01/2023 ARELLANO, ANAYENSI FRD-0309 Refund, Facility Deposit, R #1035361.002
100-000-222000 500.00
06/01/2023 WOODRUFF 73978 Professional Services Legal, Apr '23 100-155-700010 28,250.60 06/01/2023 WOODRUFF 73978 Professional Services Legal, Apr '23 100-155-700011 904.40 06/01/2023 NIEVES LANDSCAPE, INC. 74704 Monthly and Misc Landscape, May 100-355-720700 169.67 06/01/2023 TOTAL SOURCE OFFICEWORKS 32208 Office Supplies, May '23 100-195-620000 135.74 06/01/2023 OCEAN BLUE ENVIRONMENTAL
SERVICES, INC.
38262 Operating Supplies, Emergncy
Preparedness, May '23
100-420-622400 891.00
06/01/2023 JAMEY CLARK, INC. 73920 Park Repairs, Public Works, May '23 100-355-720701 294.30 06/01/2023 RUN KIDS RUN 052923 Program Expense, 1/2 Marathon 100-310-695507 1,000.00 06/01/2023 WEST COAST ARBORISTS, INC. 199906 Tree Trimming Services, May '23 100-355-720702 600.00 06/01/2023 PRINTEX PRINTING AND GRAPHICS
INC.
24493 Printing-Program Service, May '23 100-310-623500 105.60 06/01/2023 BEAST PACING 000608 Program Expense, 1/2 Marathon, May '23
100-310-695507 600.00
06/01/2023 DOCU-TRUST 0050235 Offsite Data Storage, May '23 100-155-700030 141.00 06/01/2023 COX COMMUNICATION 051823 T-1 Line, May '23 100-195-630000 582.84 05/30/2023 MOBILE MINI, INC. 9017662272 Storage Rental, Community Center, 5/10 - 6/6/23
100-310-641000 225.71
05/30/2023 REGIONAL FIRST AID, INC 93337 Office Supplies, Comm Ctr, May '23 100-310-620500 166.15 05/30/2023 PACKET FUSION, INC. SLSI-1007755 Phone System Equipment, Apr '23 100-195-940000 211.33 05/30/2023 CANON FINANCIAL SERVICES, INC. 30494802 Lease - Copier, New Admin Copier, 5/1/23 - 5/31/23
100-195-641200 317.82
05/30/2023 CANON FINANCIAL SERVICES, INC. 30494803 Lease - Copier, Comm Ctr, 5/1/23 - 5/31/23
100-195-641200 340.19
05/30/2023 OCEAN BLUE ENVIRONMENTAL
SERVICES, INC.
37324R Operating Supplies, Emergncy
Preparedness, Nov '22
100-420-622400 876.00
Payment Date Vendor Name Payable Number Description (Payable) Account Number 05/30/2023 PRINTEX PRINTING AND GRAPHICS
INC.
24494 Special Events, Summer Nights, May
'23
100-310-623500 214.42
05/30/2023 CANON FINANCIAL SERVICES, INC. 30494801 Lease - Copier, City Hall, 5/1/23 - 5/31/23
100-195-641200 253.84
Payables Detail Report Payment Dates: 05/12/2023 - 06/01/2023

4.4.b
Packet Pg. 30
Attachment: Payables Detail Report - June 13, 2023 (3190 : Warrant Register, June 13, 2023) Amount
Fund: 998 - POOL
05/18/2023 PETTY CASH 051823 1/2 Marathon, Change Boxes 998-000-100007 1,200.00 Fund 998 - POOL Total: 1,200.00
Grand Total: 524,571.23
6/1/2023 1:22:18 PM Page 5 of 7
Payables Detail Report Payment Dates: 05/12/2023 - 06/01/2023 Payment Date Vendor Name Payable Number Description (Payable) Account Number 05/25/2023 HARTZOG AND CRABILL, INC. 23-0348(HCI#3502) Traffic Signal Mgmt Services, CIP 168, Apr '23
600-251-950168 722.50
Fund 600 - CAPITAL IMPROVEMENT PROJECT Total: -

4.4.b
Packet Pg. 31
Attachment: Payables Detail Report - June 13, 2023 (3190 : Warrant Register, June 13, 2023) 6/1/2023 1:22:18 PM Page 6 of 7
100-355-700300 Hazard Mitigation Plan 6,181.50 6,181.50 100-355-720401 Other Public Works Maintenance 3,029.31 3,029.31 100-355-720420 Traffic Signal Maintenance 6,704.00 6,704.00 100-355-720500 Graffiti Removal 1,071.75 1,071.75
100-355-720700 Landscape Maintenance Contract 49,245.61 49,245.61 100-355-611000 Training and Education 117.70 117.70
100-355-622000 Operating Supplies 945.74 945.74
100-355-631000 Utilities - Electric 10,225.76 10,225.76 100-355-635000 Utilities - Water 13,040.86 13,040.86
100-355-700255 Improvement Inspection 7,230.00 7,230.00 100-310-695502 Special Needs Program 10.99 10.99
100-310-695504 Displays,Exhibits & Ed Program 2,304.13 2,304.13 100-310-695505 Cultural Excursions 72.00 72.00
100-310-695507 Marathon 5k 32,442.98 32,442.98
100-310-720302 Contract Services - Homelessness 9,264.99 9,264.99 100-310-630100 Phone & Communication Comm 110.86 110.86 100-310-631100 Utilities - Electric Comm Ctr 10,610.63 10,610.63 100-310-635100 Utilities - Water Comm Ctr 775.30 775.30 100-310-641000 Rent/Lease - Equipment 868.31 868.31
100-310-695500 Special Events-Program Service 688.06 688.06 100-310-620500 Office Supplies - Comm Ctr 340.18 340.18 100-310-622005 Operating Supplies Comm Ctr 202.27 202.27 100-310-623500 Printing-Program Services 320.02 320.02
100-310-624500 Advertising-Program Services 369.58 369.58 100-310-626000 Subscriptions & Books 24.79 24.79
100-195-641200 Rent/Lease - Copier 911.85 911.85
100-195-720050 Contract Serv-Software Support 2,968.62 2,968.62 100-195-940000 Computer Hardware & Software 2,031.62 2,031.62 100-225-610000 Memberships and Dues Expense 25.00 25.00 100-310-611000 Training and Education 116.88 116.88
100-195-620000 Office Supplies 346.12 346.12
100-195-621000 Computer Supplies 730.91 730.91
100-195-622000 Operating Supplies 760.94 760.94
100-195-623000 Printing 37.71 37.71
100-195-630000 Telephone & Communication 2,850.39 2,850.39 100-155-695000 CommunityAsstnc/PublicRelation 10,250.00 10,250.00 100-155-700010 Legal Services-General Counsel 28,250.60 28,250.60 100-155-700011 Legal Services-Litigation 904.40 904.40
100-155-700030 Professional Svcs- City Clerk 141.00 141.00 100-195-617000 Recruitment 47.07 47.07
100-000-222000 Refundable Deposits 1,750.00 1,750.00
100-155-612000 Travel, Conferences & Meetings 333.90 333.90 100-155-612002 Travel - ACC-OC 5,007.82 5,007.82
100-155-620000 Office Supplies 80.76 80.76
100-155-622000 Operating Supplies 1,221.76 1,221.76
600 - CAPITAL IMPROVEMENT PROJECT - -
998 - POOL 1,200.00 1,200.00
Grand Total: 524,571.23 524,571.23
Account Summary
Account Number Account Name Expense Amount Payment Amount 100-000-103002 Cash- Cashier's Float CivicCtr 31.14 31.14 Fund Summary
Fund Expense Amount Payment Amount
100 - GENERAL FUND 485,889.73 485,889.73
212 - MEASURE M 12,722.82 12,722.82
221 - SENIOR MOBILITY PROGRAM 1,207.00 1,207.00
306 - CR&R RECYCLING FEE 17,534.51 17,534.51
451 - LIABILITY SELF-INSURANCE 6,017.17 6,017.17
Payables Detail Report Payment Dates: 05/12/2023 - 06/01/2023 Report Summary

4.4.b
Packet Pg. 32
Attachment: Payables Detail Report - June 13, 2023 (3190 : Warrant Register, June 13, 2023) Project Account Summary
Project Account Key Expense Amount Payment Amount
**None** 524,571.23 524,571.23
Grand Total: 524,571.23 524,571.23
6/1/2023 1:22:18 PM Page 7 of 7
600-000-490100 Transfer In- General Fund (139,992.50) (139,992.50) 600-251-950168 TrafficSignalmprovCoordination 722.50 722.50 600-255-950505 CIP-Civic Center Improvements 139,270.00 139,270.00 998-000-100007 Cash - Cashier's Float Comm Ctr 1,200.00 1,200.00 Grand Total: 524,571.23 524,571.23
100-600-790600 Transfer Out to Capital Imprv. 139,992.50 139,992.50 212-355-720400 Street Maintenance 12,722.82 12,722.82
221-310-720000 Contract Services 1,207.00 1,207.00
306-355-700000 Professional Services 17,534.51 17,534.51 451-155-700011 Legal Services-Litigation 6,017.17 6,017.17 100-420-622000 Operating Supplies 116.37 116.37
100-420-622400 Operating Supplies - Emergency 1,767.00 1,767.00 100-420-695000 CommunityAsstnc/PublicRelation 363.70 363.70 100-420-720401 Animal Care & Shelter Services 61,036.81 61,036.81 100-420-720822 Crossing Guard Services 7,265.31 7,265.31 100-356-630000 MOE Telephone & 22.91 22.91
100-356-631400 MOE Electricity-Streetlights & 16,432.09 16,432.09 100-356-631900 MOE Electrcity On-bill Financing 3,364.03 3,364.03 100-356-700101 MOE Traffic Engineer Services 11,032.50 11,032.50 100-356-720420 MOE Traffic Signal Maintenance 15,270.02 15,270.02 Payables Detail Report Payment Dates: 05/12/2023 - 06/01/2023 Account Summary
Account Number Account Name Expense Amount Payment Amount 100-355-720701 Parks Contract Repair 12,830.68 12,830.68 100-355-720702 Tree Maintenance 1,400.00 1,400.00

4.4.b
Packet Pg. 33
Attachment: Payables Detail Report - June 13, 2023 (3190 : Warrant Register, June 13, 2023) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: June 13, 2023
TO: Mayor and Council Members
FROM: David Reynolds
Deputy City Manager/Community Services Director
ISSUE: Proposed Professional Services Agreement with Eco/Nomics, Inc., for Solid Waste and Recycling Consulting Services
RECOMMENDATION: That the City Council approve and authorize the Mayor to sign a proposed Professional Services Agreement with Eco/Nomics, Inc., for Solid Waste and Recycling Consulting Services in the total maximum not-to-exceed contract amount of $825,740 for a five (5) year Term.

SUMMARY:

The myriad of recycling requirements that the State of California mandates onto local governments necessitates the City retaining additional staff and/or contracting with third-party professional consulting services for technical assistance. In the case of Laguna Hills, a qualified consulting firm has been utilized over the years to assist City staff with solid waste franchise agreement administration and compliance with the myriad of new State recycling mandates. The City’s current professional services agreement with Eco/Nomics, Inc. (“Eco/Nomics”) for third-party solid waste and recycling consulting services is set to expire on June 30, 2023. On February 23, 2023, the City issued a Request for Proposals (“RFP”) for solid waste and recycling consulting services by posting it to the City’s bid posting webpage. In addition, staff contacted five (5) prominent solid waste and recycling consulting firms to advertise this RFP opportunity, and each of these qualified firms received an RFP document. By the proposal submittal deadline of March 30, 2023, only one proposal was submitted by Eco/Nomics. Staff recommends, for the reasons stated in this report, that the City Council approve the attached Professional Services Agreement with EcoNomics for Solid

4.5 Packet Pg. 34
Professional Services Agreement with Eco/Nomics, Inc.

June 13, 2023

Page 2 ends

Waste and Recycling Consulting Services (“Agreement”) to provide the City with consulting services for a five (5) year Term, commencing on July 1, 2023 in the total not to exceed contract amount of $825,740. Continued consulting services, especially with the administration and enforcement of the California Department of Resources, Recycling, and Recovery’s (“CalRecycle”) Short-lived Climate Pollutants (SLCP): Organic Waste Reductions regulations, is essential to staff and to the City’s continued compliance with the State’s recycling mandates.

BACKGROUND:

The City of Laguna Hills has previously contracted with Eco/Nomics to provide solid waste and recycling consulting services. A consultant’s assistance has been instrumental to City staff with solid waste and recycling franchise administration, the implementation and monitoring of recycling programs, and reporting to the State on mandated recycling requirements. For example, CalRecycle’s SB 1383 organic waste recycling regulations, as mentioned above, have added significantly more work to local government’s administration of its solid waste haulers and support and enforcement of State mandated recycling programs.

The current professional services agreement with Eco/Nomics is scheduled to expire on June 30, 2023. In order to continue with uninterrupted, qualified third-party consulting services, and in accordance with the City’s purchasing ordinance, staff initiated a formal competitive procurement process for solid waste and recycling consulting services on February 23, 2023. In addition to posting the RFP on the City’s website, staff sent the RFP documents to the following qualified firms:
• Eco/Nomics, Inc.
• HF&H Consultants
• KJ Services Environmental Consulting
• MSW Consultants
• R3 Consulting Group, Inc.

By the proposal submittal deadline of March 30, 2023, only one proposal was submitted by Eco/Nomics. Although only one proposal was received as a result of the formal competitive RFP process, staff recommends that the City Council approve the proposed Professional Services Agreement with Eco/Nomics as this consulting firm has served the City well with maintaining the City’s good standing with CalRecycle, has extensive experience with the City’s solid waste and administration, and has provided the City with a thorough, complete and comprehensive proposal to address the City’s continued

4.5 Packet Pg. 35
Professional Services Agreement with Eco/Nomics, Inc.

June 13, 2023

Page 3 ends

solid waste and recycling consulting needs. (See, Eco/Nomics Proposal/Scope of Services - Exhibit “A” to the attached Professional Services Agreement).

Further, Eco/Nomics is currently providing consulting services for eleven (11) cities1in Orange County on a wide range of projects related to SB 1383, AB 1826, and AB 341 compliance management and implementation. Eco/Nomics is also very familiar with and has particular expertise with the countywide solid waste and recycling issues and infrastructure, the compliance assessment and enforcement protocols used by CalRecycle representatives, and has significant operational familiarity with all of the haulers operating within the area. This regional knowledge and specialized expertise is uniquely beneficial to advising and assisting the City on an as-needed basis.

The proposed Agreement consists of a five (5) year Term. Eco/Nomics’s proposed scope of services and work is summarized below. Eco/Nomics’ scope of services also illustrates the amount of work that is required to assist with the City’s solid waste and recycling compliance efforts in light of the State’s mandates.

Scope of Services Summary:

1. Work with CalRecycle Staff. Eco/Nomics will assist the City with legislative tracking, CalRecycle interface, and compliance reporting. Eco/Nomics has established working relationships with key policy makers, advocacy groups, and regulatory agencies in Sacramento and is aware of pending solid waste legislation as it develops.

2. Assist in preparation of CalRecycle Reports including EAR Report. Eco/Nomics has established a database and a preparation schedule for the City for assembling the necessary information for submittal of CalRecycle’s required Electronic Annual Report (EAR). The EAR is a comprehensive report to the State on all of the City’s recycling and source reduction efforts.

3. Support the City with SB 1383 Requirements.
a. Edible Food Recovery - SB 1383 requires the City to conduct inspections of Tier 1 generators beginning January 1, 2022 and Tier 2 generators beginning January 1, 2024.

1 Eco/Nomics’ current Orange County city clients include: Anaheim; Buena Park; Irvine; Laguna Beach; Laguna Hills; Laguna Niguel; Lake Forest; Mission Viejo; San Juan Capistrano; Santa Ana; and Tustin.

4.5 Packet Pg. 36
Professional Services Agreement with Eco/Nomics, Inc.

June 13, 2023

Page 4 ends

b. Record-Keeping - CalRecycle requires jurisdictions to keep an Implementation Record of data and reports related to the State’s solid waste and recycling requirements.
c. Reporting - In addition to the Implementation Record, there are many solid waste and recycling points of data and many reports from the hauler, as well as from generators within Laguna Hills. Eco/Nomics collects, analyzes and collates the data and reports, then provides the analysis and updates to City staff.
d. Waiver Administration - Develop and maintain a tracking system for the Laguna Hills AB 1826 exemptions and SB 1383 waivers.
e. Enforcement – Assist the City with enforcement of CalRecycle requirements and the City’s hauler agreement.
f. Procurement – Assist the City with attaining its CalRecycle procurement target.
g. Outreach and Education – Provide support to the City to encourage residential and commercial generators to implement recycling programs and to improve current recycling programs.

4. Provide Technical and field support for the administration of the City’s solid waste collection and recycling services agreement.
a. Maintain a checklist of all contract requirements.
b. Assist in implementation of recycling programs.
c. Monthly report review - Review hauler’s submitted reports and identify areas of inquiry that are then reviewed at the monthly meetings. d. Provide oversight of waste audits and contamination monitoring. e. Conduct rate increase reviews - Conduct analyses of each annual rate adjustment using the methodology in the franchise agreement. f. Perform container audits. Audit the hauler’s containers to confirm that inventories in the field cross-check with those on hauler’s commercial and multi-family listings; to assess the condition of the hauler’s containers and note if graffiti is present. Audit containers on a spot-basis when out in the field for program implementation and technical assistance.

4.5 Packet Pg. 37
Professional Services Agreement with Eco/Nomics, Inc.

June 13, 2023

Page 5 ends

5. Provide technical recycling assistance to commercial, residential, and multi-family properties to maintain and develop recycling programs. Provide a proposal to adjust service levels, order additional/modified service, provide education in the form of signage, brochures, meetings with the business owner and/or manager outreach, staff training, and other suitable activities, follow-up on contamination incidents, follow-up on complaints.

6. Attend progress meetings and prepare monthly progress reports. Meetings are held with City and hauler staff. These meetings serve the following purposes:
1) establish where the City is with respect to satisfying each of its overall SB 1383 program requirements; 2) provide a monthly tracking of individual numbers of businesses with commercial programs and SB 1383 compliance, and tonnage diverted from each group; 3) provide an update on critical contract deliverables and the work effort completed and in progress; and 4) provide a running monthto-month report that allows all the information to be understood and be seen in relationship to the City’s overall compliance.

7. Assist City with planning projects. Assist the City in developing solid waste and recycling plans and programs as part of the City’s planning process for any new development projects.

8. Assist with updating city policies, procedures, and municipal code. From time to time, the City’s policies, procedures and/or Municipal Code will need to be updated to conform with new State mandates.

FISCAL IMPACT:

The proposed total maximum contract amount over a five (5) Term per the proposed Agreement is $825,740. The projected and anticipated proposed 5-Year annual budget is as follows:

Year 1 Year 2 Year 3 Year 4 Year 5
$175,580 $200,160 $150,000 $150,000 $150,000
The projected budget for years 1 and 2 is higher than the remaining years of the Agreement term because of anticipated assistance form Eco/Nomics with transition to a new franchise agreement. Monies paid to Eco/Nomics have come from the City’s recycling special revenue funds and payments made by the hauler per the franchise agreement. For instance, the current hauler pays the City $150,000 annually for third4.5 Packet Pg. 38
Professional Services Agreement with Eco/Nomics, Inc.

June 13, 2023

Page 6 ends

party consulting services. This requirement will continue into the next franchise agreement. Therefore, staff anticipates no general fund impact for solid waste and recycling consulting services.

ATTACHMENTS:
• Proposed Professional Services Agreement with Eco/Nomics, Inc.

4.5 Packet Pg. 39
1771546.1
1 PROFESSIONAL SERVICES AGREEMENT
Eco/Nomics, Inc., dba Ecal/Nomics, Inc.
(Solid Waste and Recycling Consulting Services)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective the 1st day of July 2023, 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 ECO/NOMICS, INC., a Colorado corporation, doing business in the State of California as ECAL/NOMICS, INC. (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 retain the professional services of a qualified solid waste collection, contracting, and recycling firm to continue to provide City with consulting services on an as-needed basis related to the administration of the City’s solid waste and recycling services franchise agreement, ordinance, and related programs, including but not limited to meeting the diversion requirements and implementation goals of the City, SB 1383, AB 341, AB 1826, and the franchise agreement, as well as with ensuring compliance with all applicable solid waste collection, contracting, and recycling laws promulgated by the State of California and with regard to CalRecycle compliance, diversion, and reporting requirements (the “Project”).

B. In response to City's Request for Proposals (RFP), dated February 23, 2023, Consultant has submitted to City a proposal, dated March 30, 2023, to provide professional solid waste and recycling consulting services to City for the Project pursuant to the terms of this Agreement.

C. Consultant represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, and technical expertise to provide these professional solid waste and recycling consulting services to City for the Project and has agreed to provide such services as provided herein. City does not have the personnel, training, or specialized technical expertise necessary to perform the work and services contracted for herein.

D. City desires to retain Consultant to provide such professional solid waste and recycling consulting 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

4.5.a
Packet Pg. 40
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) 1771546.1
2 1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Consultant agrees to provide and perform the professional solid waste and recycling consulting services to City for the Project as set forth in the Proposal/Scope of Work, dated March 30, 2023, which is attached hereto as Exhibit “A” and is 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 Services and Work 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 Proposal/Scope of Work dated March 30, 2023 (“Consultant’s Proposal”) and submitted to City, which shall both be referred to collectively hereinafter as the “Contract Documents.” The Consultant’s Proposal is attached hereto as Exhibit “A” and is 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 and conditions of this Agreement; and, (2nd) the provisions of the Consultant’s Proposal (Exhibit “A”).

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

4.5.a
Packet Pg. 41
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) 1771546.1
3 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 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. If the Services involve work upon any site, Consultant represents and maintains that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.

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 Consultant's Proposal/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,

4.5.a
Packet Pg. 42
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) 1771546.1
4 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.

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, including authorized reimbursements, on a time and materials basis in accordance with the professional hourly 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 Eight Hundred Twenty Five Thousand Seven Hundred Forty Dollars ($825,740.00) (hereinafter referred to as the "Maximum Contract Amount"). The Parties are projecting and anticipate a proposed 5-Year Annual Budget as follows: Year 1: $175,580; Year 2: $200,160; Year 3: $150,000; Year 4: $150,000; and Year 5: $150,000. The method of compensation shall be as set forth in Exhibit “A”. Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation/Fees. 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 Optional CPI Adjustment. The fees, rates, and/or unit prices set forth in Consultant's Proposal (Exhibit “A”) shall remain fixed and unchanged for the first three (3) years of the term of this Agreement (i.e., from July 1, 2023 through June 30, 2026). Thereafter, Consultant may submit a request to adjust its fees, rates, and/or unit prices once per year during the remainder of the term of the Agreement as provided for herein. However, approval of any request to adjust Consultant's fees, rates, and/or unit prices as set forth herein shall be made at the sole discretion of the City Manager, in writing, and is subject to the City’s approved budget.

4.5.a
Packet Pg. 43
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) 1771546.1
5 fee, rate, and/or unit pricing as authorized by this section exceed five percent (5%) per year regardless of CPI or any other cost factors.

2.4 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.

2.5 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 term of this 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, or on each task order, if applicable, and shall perform all Services within the time period(s) established in the Schedule of Performance, which is attached hereto as 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, pandemics, 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.

4.5.a
Packet Pg. 44
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) 1771546.1
6 3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and shall continue in full force and effect for a period of five (5) years, commencing on July 1, 2023 and ending on June 30, 2028, unless extended by mutual agreement of the Parties.

3.5 Task Orders. Consultant hereby agrees and acknowledges that any and all Services or Work performed pursuant to this Agreement shall be based upon the prior issuance of a written project task order by the City. Furthermore, Consultant hereby agrees and acknowledges that execution of this Agreement by the City does not in any way guarantee that a task order will be issued to Consultant. Moreover, execution of this Agreement by the City shall not entitle Consultant to any form of payment or compensation from the City without City first having issued a project task order.

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 to make all decisions in connection therewith: William O’Toole, President. 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 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.

4.5.a
Packet Pg. 45
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) 1771546.1
7 engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City.

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 Services 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 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,

4.5.a
Packet Pg. 46
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) 1771546.1
8 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 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.

4.5.a
Packet Pg. 47
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) 1771546.1
9 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.

D. Professional Liability (Errors & Omissions) Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, a policy of Professional Liability or Errors and Omissions Insurance appropriate to Consultant’s profession with limits of at least two million dollars ($2,000,000.00). Covered professional services shall specifically include all Work or Services to be performed under the Agreement and delete any exclusions that may potentially affect the Work or Services to be performed under this Agreement.

1. The policy shall be endorsed to provide the following: Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.

2. If the policy of insurance is written on a “claims-made” basis, the City may require that the policy be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Work or Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing the Work or Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City.

3. In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Work or Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be

4.5.a
Packet Pg. 48
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) 1771546.1
10 obtained to ensure coverage during the entire course of performing the Work or Services under the terms of this Agreement.

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:

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.

4.5.a
Packet Pg. 49
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) 1771546.1
11 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 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 non4.5.a Packet Pg. 50
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) 1771546.1
12 compliance 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.

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

4.5.a
Packet Pg. 51
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) 1771546.1
13 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 and hold the City, its elected and appointed officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments, arbitration awards, settlements, damages or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death, (collectively “Claims”) in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officers, directors, employees, subcontractors, consultants or agents, in connection with Consultant’s performance under this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent that the Work or Services performed by Consultant are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 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. Notwithstanding the foregoing, such obligation to defend, hold harmless, and indemnify the City, its elected and appointed officials, officers, employees, agents, and volunteers, shall not apply to such claims or liabilities arising from the sole or active negligence or willful misconduct of City.

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. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement.

4.5.a
Packet Pg. 52
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) 1771546.1
14 For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, 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. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all of its subconsultants and subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.

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 to submit to the personal jurisdiction of such court in the event of such action.

4.5.a
Packet Pg. 53
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) 1771546.1
15 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 Default of Consultant.

A. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.

B. If the City Manager, or City Manager’s designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 8.3.

C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section

8.4(B), take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit

4.5.a
Packet Pg. 54
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) 1771546.1
16 Consultant’s liability for completion of the Services as provided herein.

8.5 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.

8.6 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.

8.7 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.

8.8 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, expert witness 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.

4.5.a
Packet Pg. 55
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) 1771546.1
17 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 Patent and Copyright Infringement.

A. To the fullest extent permitted by law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the alleged negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.

B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant’s consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.

10.2 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:

4.5.a
Packet Pg. 56
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) 1771546.1
18 To City: City of Laguna Hills
Attention: City Manager
24035 El Toro Road
Laguna Hills, California 92653
Telephone: (949) 707-2600

To Consultant: Eco/Nomics, Inc., dba Ecal/Nomics, Inc.

Attention: William O’Toole, President
832 Camino del Mar, Suite #2
Del Mar, California 92014
Telephone: (858) 793-9200

10.3 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.

10.4 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.

10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

10.6 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.

10.7 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.

10.8. 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.

4.5.a
Packet Pg. 57
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) 1771546.1
19 10.9 Labor Code Requirements.

A. Prevailing Wages. Consultant is aware of the requirements of California labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Work or Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Work or Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

The foregoing indemnity shall survive termination of this Agreement.

B. DIR Registration. If the Work or Services are being performed as part of an applicable "public works" or "maintenance" project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.

10.10 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]

4.5.a
Packet Pg. 58
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.)

4.5.a
Packet Pg. 59
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with 1771546.1
EXHIBIT “A”
CONSULTANT’S PROPOSAL/ SCOPE OF WORK
FOR

SOLID WASTE AND RECYCLING CONSULTING SERVICES
DATED: MARCH 30, 2023

SCOPE OF SERVICES FOR PROJECT

INCLUDING,

SCHEDULE OF PERFORMANCE
AND

SCHEDULE OF COMPENSATION/ FEES

4.5.a
Packet Pg. 60
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 1
COPY

Solid Waste and
Recycling Consulting
Services
City of Laguna Hills RFP
March 30, 2023

4.5.a
Packet Pg. 61
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 2

4.5.a
Packet Pg. 62
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 3

CONTENTS
ORIGINAL ..................................................................................................... 1 A. COVER LETTER ..................................................................................... 5 B. COMPANY DATA ................................................................................... 7 B.1. OFFICIAL NAME AND ADDRESS ................................................................. 7 B.2. NAME, ADDRESS, AND TELEPHONE NUMBER OF PROPOSER’S PRIMARY POINT OF CONTACT ................................................................................................. 7 B.3. INDICATE WHAT TYPE OF ENTITY .............................................................. 7 B.4. FEDERAL EMPLOYEE I.D. NUMBER ............................................................ 7 B.5. ADDRESS, TELEPHONE NUMBERS AND AUTHORIZED EMAILS OF OFFICE LOCATIONS ................................................................................................... 7 B.6. A DETAILED STATEMENT INDICATING WHETHER PROPOSER IS TOTALLY OR PARTIALLY OWNED BY ANOTHER BUSINESS ORGANIZATION OR INDIVIDUAL ........ 8 B.7. NUMBER OF YEARS PROPOSER HAS BEEN IN BUSINESS UNDER THE PRESENT BUSINESS NAME ............................................................................................ 8 B.8. NUMBER OF YEARS OF EXPERIENCE THE PROPOSER HAS HAD PROVIDING REQUIRED, EQUIVALENT, OR RELATED SERVICES ............................................... 8 B.9. ALL COMPARABLE CONTRACTS ENTERED INTO DURING THE LAST FIVE (5) YEARS, COMPLETE OR NOT ............................................................................. 8 B.10. ANY FAILURES OR REFUSALS TO COMPLETE A CONTRACT AND EXPLANATION 11 B.11. INDIVIDUALS OR FIRMS WHO OWN AN INTEREST OF 10% OR GREATER IN THE PROPOSING FIRM .................................................................................. 11 B.12. FINANCIAL INTERESTS IN OTHER LINES OF BUSINESS .............................. 11 B.13. LITIGATION/ADVERSE JUDGEMENT HISTORY .......................................... 11 B.14. TERMINATION OF CONTRACT “FOR CAUSE” HISTORY .............................. 11 C. RESUMES AND QUALIFICATIONS OF PERSONNEL .................................... 13 WILLIAM O'TOOLE ....................................................................................... 13 CHRISTY HURLBURT, MBA ............................................................................. 15 LINDA FURBEE ............................................................................................. 16 IAN BEVAN, MBA ......................................................................................... 17 VALERIA FERRUFINO .................................................................................... 18 SUB‐CONSULTANT – CERENE ST. JOHN ........................................................... 20 CURRENT CLIENTS ....................................................................................... 20

4.5.a
Packet Pg. 63
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 4
PREVIOUS CLIENTS ...................................................................................... 20 D. ORGANIZATIONAL CHART .................................................................... 21 E. REFERENCES ...................................................................................... 23 F. PRO JECT UNDERSTANDING, OVERVIEW, AND APPROACH ........................ 25 F.1. UNDERSTANDING AND APPROACH .......................................................... 25 TASK 1. CALRECYCLE SUPPORT. ..................................................................... 25 TASK 2. PROVIDE TECHNICAL AND FIELD SUPPORT FOR THE ADMINISTRATION OF THE CITY’S SOLID WASTE COLLECTION AND RECYCLING SERVICES AGREEMENT. . 31 TASK 3. PROVIDE TECHNICAL RECYCLING ASSISTANCE TO COMMERCIAL, RESIDENTIAL, AND MULTI‐FAMILY PROPERTIES TO MAINTAIN AND DEVELOP RECYCLING PROGRAMS. ............................................................................... 33 TASK 4. ATTEND PROGRESS MEETINGS AND PREPARE MONTHLY PROGRESS REPORTS..................................................................................................... 36 TASK 5. PERFORM OTHER DUTIES AS ASSIGNED BY THE CITY. ........................... 36 TASK 6. ADDITIONAL SERVICES. ..................................................................... 37 F.2. IDENTIFY SERVICES PROVIDED IN SCOPE OF WORK ................................... 39 F.3. PROJECT MANAGEMENT ........................................................................ 39 F.4. CITY RESOURCES AND ASSISTANCE .......................................................... 39 F.5. ADDITIONAL SERVICES ........................................................................... 40 F.6. PROJECT CONTROLS .............................................................................. 40 F.7. QUALITY CONTROL/QUALITY ASSURANCE ................................................ 40 G. SCHEDULE ......................................................................................... 41 H. COMMUNICATION PLAN ...................................................................... 45 I. COMPENSATION/PAYMENT SCHEDULE .................................................. 47 J. CERTIFICATE OF INSURANCE ................................................................ 49 K. CERTIFICATION OF PROPOSAL .............................................................. 51 ATTACHMENT 1. .......................................................................................... 53

4.5.a
Packet Pg. 64
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 5
A. COVER LETTER
March 30, 2023
David Reynolds
Deputy City Manager
City of Laguna Hills
24035 El Toro Road
Laguna Hills, California 92653
RE: EcoNomics’ Proposal for Solid Waste and Recycling Consulting Services in Response to the City of Laguna Hills’ Request for Proposals
Dear Mr. Reynolds,
EcoNomics Inc. is pleased to submit the attached proposal to assist the City of Laguna Hills in successfully meeting the diversion requirements and implementation goals of the City, SB 1383 and the franchise agreement.

The accompanying proposal includes an overview of our approach to this project; descriptions of specific methodologies that will be applied to this project; a detailed scope of work based on our understanding of the project and the work tasks included in Section IV of the RFP; descriptions of our relevant experience; resumes from the proposed project team; a project schedule; as well as a proposed 5‐year budget.

EcoNomics brings the following unique set of skills and local knowledge to this project:
 Over 15 years of on‐the‐ground field experience in Orange County implementing and overseeing both conventional recycling and food scrap recycling programs as well as managing the CalRecycle compliance efforts. We currently are assisting Tustin, Anaheim, Laguna Niguel, Laguna Hills, Santa Ana, Lake Forest, Buena Park, Mission Viejo, Irvine, Rancho Mirage and San Juan Capistrano with implementing programs mandated by CalRecycle, including AB 939, AB 341, AB 1826, and SB 1383.
 Recent and relevant experience in designing strategic outreach campaigns to increase AB 341, AB 1826 and SB 1383 compliance. In Anaheim a complete outreach campaign was designed and completed with branding, toolkits, and coordinated messaging and promotion. We have developed promotional films for Mission Viejo, Newport Beach and Santa Ana that encourage businesses to implement AB 341, AB 1826 and SB 1383 programs and also provide bilingual staff training.  We have worked with three Orange County cities to implement a curbside organics recycling program and are actively planning residential organics programs for five other client cities that will be activated within the next 12 months. We have learned what it takes to make these programs successful and can use this knowledge to enhance San Clemente’s residential participation rates.
 Our project management team, consisting of William O’Toole and Christy Hurlburt, brings extensive local experience in compliance implementation and strategic marketing to this project. In addition to over 50 years of combined experience within the solid waste and recycling industry, Mr. O’Toole and Ms. Hurlburt bring specific knowledge of and insight into the solid waste and recycling services in Laguna Hills.
 Extensive experience implementing cost‐saving commercial and multi‐family diversion programs within Orange County and throughout the state of California. With SB 1383’s impact on all sectors of the City, the experience of implementing hundreds of commercial and multi‐family

4.5.a
Packet Pg. 65
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 6
waste reduction and diversion programs for our clients will allow EcoNomics to provide a depth of oversight that will save rate payers money on disposal bills.  Local Orange County offices in Dana Point. EcoNomics has maintained office locations in Orange County for over 15 years. EcoNomics’ project office for Laguna Hills is in Dana Point.  No conflict of interest. EcoNomics works almost exclusively for cities, counties, and other public agencies. EcoNomics is currently also assisting a non‐refuse hauler business with solid waste and recycling consulting services (i.e. a local quick service corporate client). We do not work for refuse haulers.
 Familiarity with the diversion environment in Orange County and CalRecycle compliance oversight processes. EcoNomics is currently working for 10 cities in Orange County, including Laguna Hills, on a wide range of compliance management, implementation, and contract management projects. We are very familiar with the countywide solid waste and recycling issues, the compliance assessment and enforcement protocols used by CalRecycle by Local Assistance and Market Development (LAMD) representatives, as well as all the haulers operating within the area.  Experience with hauler contract management. In the process of working with Cities, EcoNomics assists the Cities with managing their hauler contracts to ensure that the haulers are following the haulers’ contractual obligations in order to achieve the State’s mandated recycling goals.  Assist with new agreement transition. EcoNomics has assisted Newport Beach, Tustin, Lake Forest, and Rancho Mirage with transitioning to a new hauler agreement with these Cities’ previous hauler.

EcoNomics is in the process of assisting Santa Ana and Anaheim with transitioning to new agreements for each City.

The undersigned certifies that all information submitted in this proposal is true and correct. EcoNomics received all City‐issued addendums and responses to questions re: the RFP.

Please feel free to contact me directly at (858) 886‐6657 or via email [email protected]. Thank you for your consideration.

Sincerely,
Trevor Blythe
Senior Vice President
EcoNomics, Inc. (a Colorado ‘C’ Corporation dba ECAL‐NOMICS, INC. in California) Corporate Office
832 Camino del Mar, Suite 2
Del Mar, California 92014
(858) 793‐9200
Orange County Office & Laguna Hills Project Management Office 34185 Street of the Violet Lantern, Suite 104
Dana Point, California 92629
(858) 793‐9200

4.5.a
Packet Pg. 66
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 7
B. COMPANY DATA
B.1. OFFICIAL NAME AND ADDRESS
EcoNomics, Inc. (a Colorado ‘C’ Corporation dba ECAL‐NOMICS, INC. in California) Corporate Office
832 Camino del Mar, Suite 2
Del Mar, California 92014
(858) 793‐9200
[email protected]
B.2. NAME, ADDRESS, AND TELEPHONE NUMBER OF PROPOSER’S PRIMARY POINT OF CONTACT
Trevor Blythe
34185 Street of the Violet Lantern, Suite 104
Dana Point, California 92629
(858) 886‐6657
[email protected]
B.3. INDICATE WHAT TYPE OF ENTITY
EcoNomics, Inc. is a Colorado ‘C’ Corporation dba ECAL‐NOMICS, INC. in California B.4. FEDERAL EMPLOYEE I.D. NUMBER
EcoNomics’ federal employer identification number is 33‐0547907.

B.5. ADDRESS, TELEPHONE NUMBERS AND AUTHORIZED EMAILS OF OFFICE

LOCATIONS
Corporate Office
832 Camino del Mar, Suite 2
Del Mar, California 92014
(858) 793‐9200
[email protected]
Orange County Office & Laguna Hills Project Management Office 34185 Street of the Violet Lantern, Suite 104
Dana Point, California 92629
(858) 793‐9200
[email protected]

4.5.a
Packet Pg. 67
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 8
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
North Orange County Office
206 W. 4th Street, Suite 429
Santa Ana, CA 92701
(858) 793‐9200
[email protected]
B.6. A DETAILED STATEMENT INDICATING WHETHER PROPOSER IS TOTALLY OR PARTIALLY OWNED BY ANOTHER BUSINESS ORGANIZATION OR

INDIVIDUAL
EcoNomics is not owned by another business organization. It is owned 50% by Trevor Blythe and 50% by William O’Toole.

B.7. NUMBER OF YEARS PROPOSER HAS BEEN IN BUSINESS UNDER THE PRESENT BUSINESS NAME
EcoNomics, Inc. (a Colorado ‘C’ Corporation dba ECAL‐NOMICS, INC. in California) has been in business 21 for years, since 1992. Prior to incorporating as EcoNomics in 1992, the founder of EcoNomics, William O’Toole, was providing consulting services in the materials management space as Recovery Sciences beginning in 1976.

B.8. NUMBER OF YEARS OF EXPERIENCE THE PROPOSER HAS HAD PROVIDING REQUIRED, EQUIVALENT, OR RELATED SERVICES
EcoNomics has had 46 years of experience providing solid waste and consulting services.

B.9. ALL COMPARABLE CONTRACTS ENTERED INTO DURING THE LAST FIVE (5) YEARS, COMPLETE OR NOT
2016 ‐ current
Consulting Services for CalRecycle SB 170 Grant Assistance City of Anaheim
Project Description: Implement AB 341, AB 1826 and SB 1383 programs, assist with CalRecycle Corrective Action Plan, develop and maintain tracking system, assist generators with implementation programs, develop and analyze reports. Assist with hauler contract management, including transition to new hauler agreement. Provide on‐site staff to implement transition to new hauler agreement.

Dora Delgadillo, City of Anaheim Project Manager
Ashley Brunier, EcoNomics, Inc. Project Manager
$100,000‐175,000/year
August, 2022 ‐ current
Development of Edible Food Reuse Program and Project Implementation City of Buena Park
Project Description: Develop edible food reuse program including working with Tier 1 and Tier 2 generators, develop and maintain tracking of edible food program and develop edible food outreach and education program.

Mina Mikhael, City of Buena Park Project Manager

4.5.a
Packet Pg. 68
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 9
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
Emma Appel, EcoNomics, Inc. Project Manager
$90,000
April, 2022 ‐ current
AB 1826 Implementation Services
City of Irvine
Project Description: Assist with AB 1826 implementation including coordination with hauler recycling coordinators and generators, develop and maintain tracking system, develop and analyze reports, assist with Tier 1 edible food recovery program.

Ryan Tenney, City of Irvine Project Manager
Ashley Brunier, EcoNomics, Inc. Project Manager
$150,000/year
2011 ‐ current
Solid Waste and Recycling Services
City of Lake Forest
Project Description: Assist with CalRecycle program implementation and reports, including AB 341, AB 1826 and AB 1383 programs, develop edible food recovery program for Tier 1 and Tier 2 generators, assist generators with implementation programs, and report development and analysis. Assist with hauler contract management.

Thomas Wheeler, City of Lake Forest Project Manager
William O’Toole, EcoNomics, Inc. Project Manager
$50,000 – 75,000/year
2003 ‐ current
Recycling Consulting Services
City of Laguna Hills
Project Description: Assist with CalRecycle program implementation and reports, including AB 341, AB 1826 and AB 1383 programs, develop edible food recovery program for Tier 1 and Tier 2 generators, assist generators with implementation programs, and report development and analysis. Assist with hauler contract management.

David Reynolds, City of Laguna Hills Project Manager
Christy Hurlburt, EcoNomics, Inc. Project Manager
$150,000/year
2015 ‐ current
Solid Waste and Recycling Consulting Services
City of Laguna Niguel
Project Description: Assist with contract management of hauler agreement, develop organics outreach and education program, develop and maintain program tracking system, develop and analyze reports.

Russell Narahara, City of Laguna Niguel Project Manager Kim Riley, EcoNomics, Inc. Project Manager
$80,000/year
2006 ‐ current
Solid Waste and Recycling Consulting Services
City of Mission Viejo
Project Description: Assist with CalRecycle program implementation and reports, including AB 341, AB 1826 and AB 1383 programs, develop edible food recovery program for Tier 1 and Tier 2 generators, assist generators with implementation programs, and report development and analysis. Assist with hauler contract management.

Hazel McIntosh, City of Mission Viejo Project Manager

4.5.a
Packet Pg. 69
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 10
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
Christy Hurlburt, EcoNomics, Inc. Project Manager
$76,000 ‐ 100,000/year
2017 – February, 2023
Solid Waste and Recycling Consulting Services
City of Newport Beach
Project Description: Assist with CalRecycle program implementation and reports, including AB 341, AB 1826 and AB 1383 programs, develop edible food recovery program, assist generators with implementation programs, and report development and analysis. Assist with hauler contract management, including transition to new hauler agreement. Provide on‐site staff to implement transition to new hauler agreement.

Micah Martin, City of Newport Beach Project Manager
Linda Furbee, EcoNomics, Inc. Project Manager
$175,000/year
1992 ‐ current
Solid Waste and Recycling Consulting Services
City of Rancho Mirage
Project Description: Assist with CalRecycle program implementation and reports, including AB 341, AB 1826 and AB 1383 programs, develop edible food recovery program, assist generators with implementation programs, and report development and analysis. Assist with hauler contract management, including transition to new hauler agreement.

Jessica Pulliam, City of Rancho Mirage Project Manager
William O’Toole, EcoNomics, Inc. Project Manager
$75,000/year
2017 ‐ current
Solid Waste and Recycling Consulting Services
City of San Juan Capistrano
Project Description: Assist with CalRecycle program implementation and reports, including AB 341, AB 1826 and AB 1383 programs, develop edible food recovery program, assist generators with implementation programs, provide procurement assistance, and report development and analysis. Assist with hauler contract management, including transition to new hauler agreement.

Noreen Swiontek, City of San Juan Capistrano Project Manager Trevor Blythe, EcoNomics, Inc. Project Manager
$35,000/year
2018 ‐ current
Solid Waste and Recycling Consulting Services
City of Santa Ana
Project Description: Assist with CalRecycle program implementation and reports, including AB 341, AB 1826 and AB 1383 programs, develop edible food recovery program, assist generators with implementation programs, develop and maintain tracking system, assist with CalRecycle Corrective Action Plan, develop and analyze reports. Assist with hauler contract management, including transition to new hauler agreement.

Christy Kindig, City of Santa Ana Project Manager
Lisa Robles, EcoNomics, Inc. Project Manager
$250,000/year
2005 ‐ July, 2021
Solid Waste and Recycling Consulting Services
City of Stanton
Project Description: Assist with CalRecycle annual report, hauler contract management and CalRecycle program implementation, including AB 341 and AB 1826.

Amanda Cruz, City of Stanton Project Manager

4.5.a
Packet Pg. 70
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 11
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
Trevor Blythe, EcoNomics, Inc. Project Manager
$15,000/year
2005 ‐ current
Solid Waste and Recycling Consulting Services
City of Tustin
Project Description: Assist with CalRecycle program implementation and reports, including AB 341, AB 1826 and AB 1383 programs, develop edible food recovery program, assist generators with implementation programs, develop and maintain tracking system, assist with CalRecycle Corrective Action Plan, develop and analyze reports. Assist with hauler contract management.

Stacey Cuevas, City of Tustin Project Manager
Ashley Brunier, EcoNomics, Inc. Project Manager
$100,000/year
B.10. ANY FAILURES OR REFUSALS TO COMPLETE A CONTRACT AND

EXPLANATION
EcoNomics has had no failures or refusals to complete a contract.

B.11. INDIVIDUALS OR FIRMS WHO OWN AN INTEREST OF 10% OR GREATER IN THE PROPOSING FIRM
EcoNomics is owned 50% by Trevor Blythe and 50% by William O’Toole.

B.12. FINANCIAL INTERESTS IN OTHER LINES OF BUSINESS
EcoNomics holds no financial interestts in other lines of business.

B.13. LITIGATION/ADVERSE JUDGEMENT HISTORY
There has been no litigation or adverse judgment against EcoNomics, Inc. in the past 5 years or ever.

B.14. TERMINATION OF CONTRACT “FOR CAUSE” HISTORY
No professional services agreement or other services contract that EcoNomics is part of has been terminated for cause in the past 5 years or ever.

4.5.a
Packet Pg. 71
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 12
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals

4.5.a
Packet Pg. 72
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 13
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
C. RESUMES AND QUALIFICATIONS OF

PERSONNEL
PROJECT MANAGERS
WILLIAM O'TOOLE
Title: President & Founder
Time with EcoNomics: 46 years
Education: BS in Biology (Systems Ecology), University California, San Diego, 1976
Specializations: Strategic Oversight, High‐level Compliance Planning, Waste Composition Study Design and Review, Contract Negotiations Professional Memberships: CRRA
William O’Toole will provide senior review and strategic direction on the project’s implementation goals and results. Mr. O’Toole is a “hands‐on visionary” working with cities and counties to anticipate legislative trends, shifts in secondary materials markets, and other factors that affect local collection contracts. He devises practical, cost‐effective methods for implementing diversion programs that benefit cities’ residents and businesses, and enable clients to meet the requirements of both AB 939 and the evolving requirements of AB 341, AB 1826 and SB 1383.

Mr. O’Toole founded EcoNomics, Inc. in 1977 and has over 40 years of experience in the recycling and solid waste industry. As one of the early pioneers in the recycling industry, he worked to implement some of the first curbside recycling programs in California and then developed secondary materials markets to accept the materials collected. He then turned his attention to implementing commercial recycling programs, which, in most cities yield far more tons of diversion due to the size and composition of these waste streams. He is now heavily involved in continuing the transition from the traditional view of solid waste and recycling towards the more encompassing vision of a sustainable materials management industry.

During the process of developing recycling programs, it became clear that existing collection contracts were insufficient with respect to programs, reporting, and enforcement tools to handle the additional requirements of diversion mandates. In addition, the segmentation of wastes into subcomponents (i.e., E‐ waste, HHW, “big box” recyclable streams, etc.) also required a new development of contract language and management tools to meet the demands of a different approach to the handling of what used to be considered as Municipal Solid Waste (MSW). It was at this point that Mr. O’Toole became involved in overseeing the procurement of hauler services. He works with his client cities to develop contracts that are specifically tailored to maximize diversion, identify costs, and develop rate structures that are transparent.

Mr. O’Toole is one of the founders of the California Resource Recovery Association (CRRA) as well as Californians Against Waste (CAW). He has worked on statewide legislation and has been a member of several committees and task forces for the California Integrated Waste Management Board (now known as CalRecycle) on AB 939 Diversion Calculations and Reporting Requirements for Material Recovery Facilities (MRF) and Transfer Stations.

Mr. O’Toole brings significant local knowledge about the Orange County solid waste and recycling system including familiarity with the recycling, materials recovery, construction and demolition waste processing

4.5.a
Packet Pg. 73
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 14
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
facilities, the landfill system and all of the solid waste and recycling companies that are active in the Orange County area.

Projects Currently Working On:

Senior Management Review and Oversight
As President and Founder of EcoNomics, Mr. O’Toole is involved in strategic planning, oversight and review of all EcoNomics’ projects.

Rancho Mirage Contract Management
Mr. O’Toole is the senior project manager for the City of Rancho Mirage. He provides assistance with implementation of the newly adopted hauler agreement, and provides CalRecycle support, including EAR reporting, annual site visits and compliance reporting. He assists the City with program implementation to ensure account compliance for multi‐family organics, SB 1383 accounts that are under the threshold for AB 341 and AB 1826, and, previously, AB 341 and AB 1826 accounts. Mr. O’Toole also leads the SB 1383 efforts for the City, including edible food recovery planning and inspections, route review audits, waste characterization review and oversight, and record‐keeping.

Laguna Beach Request for Proposals
The City of Laguna Beach is conducting a request for proposals for a new hauler franchise agreement. Mr.

O’Toole provides strategy and oversight for the request for proposals process and drafting of the new hauler franchise agreement. He brings his many years of experience and knowledge to the process in analyzing rates and new technology, as well as technical aspects of the proposals and new hauler franchise agreement. The new hauler franchise agreement includes SB 1383 implementation programs and performance standards.

Laguna Hills Contract Management
Mr. O’Toole provides senior review, oversight and strategic management to Laguna Hills. He provides assistance with CalRecycle compliance and contract management. He assists with program implementation to ensure account compliance for multi‐family organics, SB 1383 accounts that are under the threshold for AB 341 and AB 1826, and, previously, AB 341 and AB 1826 accounts.

Laguna Hills/Lake Forest Request for Proposals
The Cities of Laguna Hills and Lake Forest are in the process of conducting a joint request for proposals for new hauler franchise agreements. Mr. O’Toole provides strategy and oversight for the request for proposals process and drafting of the new hauler franchise agreements. He brings his many years of experience and knowledge to the process in analyzing rates and new technology, as well as technical aspects of the proposals and new hauler franchise agreements. The new hauler franchise agreements will include SB 1383 implementation programs and performance standards.

4.5.a
Packet Pg. 74
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 15
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
CHRISTY HURLBURT, MBA
Title: Vice President
Time with EcoNomics: 2.5 years
Education: BS in Electrical engineering, University California, Berkeley, 2000 MBA in Sustainable Management, Presidio Graduate School, 2011 Specializations: Program Management, Strategic Marketing Professional Memberships: CRRA
Christy Hurlburt brings over 20 years of experience in the waste, sustainability, and technology industries as both a consultant and marketing leader. Ms. Hurlburt has worked with a variety of clients including local government and corporations to advance their resource management goals. On the strategic side, she helps clients build recognizable and sustainable brands, create value driven content strategies, craft ROI‐driven lead generation programs, and deliver actionable, integrated marketing and PR programs that generate results. Ms. Hurlburt has also worked in the field performing waste audits and sorts, route efficiency assessments and hauler verification.

Prior to EcoNomics, Ms. Hurlburt was the VP of Marketing for Enevo, a waste sensor technology company.

At Enevo, she worked with haulers, cities, restaurants, and multi‐family complexes to increase their operational efficiency, increase recycling, and reduce their overall waste costs. Ms. Hurlburt was the Senior Director of Cascadia Consulting’s corporate sustainability practice area working on the planning and implementation of clients’ waste reduction and zero‐waste goals. Ms. Hurlburt worked directly with large technology, food and outdoor apparel companies in the Bay Area. She has also held roles as the Director of Marketing for Bosch Solar Energy and District Manager for Medtronic. Ms. Hurlburt started off her career in sales and marketing at Agilent Technologies, a high‐tech test equipment company.

Ms. Hurlburt studied electrical engineering and computer science at the University of California at Berkeley.

She played Division I lacrosse and now coaches youth leagues. Ms. Hurlburt has her MBA in Sustainable Management from the Presidio Graduate School in San Francisco.

Projects Currently Working On:

Laguna Hills Contract Management
Ms. Hurlburt is the senior project manager for the City of Laguna Hills. She provides CalRecycle support, including EAR reporting, annual site visits and compliance reporting. Ms. Hurlburt helps manage the hauler franchise agreement, including oversight for the recently negotiated Amendment No. 2. She works on program implementation to ensure account compliance for multi‐family organics, SB 1383 accounts that are under the threshold for AB 341 and AB 1826, and, previously, AB 341 and AB 1826 accounts. Ms.

Hurlburt prepares for and leads the monthly meetings between the hauler and the City. Ms. Hurlburt also leads the SB 1383 efforts for the City, including edible food recovery planning and inspections, route review audits, waste characterization review and oversight, and the start of record keeping. Ms. Hurlburt also help the City with outreach and education including participating in residential town halls, providing website updates, and reviewing hauler material prior to print.

Mission Viejo SB 1383 and Contract Management
Ms. Hurlburt is the senior leader on two projects for the City of Mission Viejo. For the SB 1383 project, she ensures the City is in compliance with State law. She oversees the multi‐family organics program roll out, commercial SB 1383 under‐threshold account compliance, record keeping efforts, edible food recovery, and procurement. For the contract management project, she reviews the monthly reports and analysis, supports monthly meetings between the hauler and City, reviews annual rate increases, ensures franchise deliverables are met, and helps prioritize hauler recycling coordinator activities. In addition, Ms. Hurlburt

4.5.a
Packet Pg. 75
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 16
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
provides CalRecycle support including annual site visits, EAR reporting, and ensuring compliance. Ms.

Hurlburt has also become the City’s expert for their online tracking and record keeping system, Recyclist.

Laguna Niguel
Ms. Hurlburt Is the senior project manager for the City of Laguna Niguel providing primarily multi‐family program implementation and oversight. She works with the hauler to implement programs, adjust service levels, monitor contamination levels, as well as review and analyze monthly reports.

Irvine
Ms. Hurlburt is the senior project manager for the City of Irvine. She works on program roll‐out and implementation for commercial and multi‐family recycling and organics programs, SB 1383 accounts that are under the threshold for AB 341 and AB 1826. She works to ensure commercial and multi‐family account compliance with CalRecycle requirements.

Recordkeeping
Ms. Hurlburt led the internal EcoNomics effort to set up an online record keeping system for their clients.

Organics Capacity Planning
Ms. Hurlburt led the organics capacity planning effort for all 12 of the EcoNomics cities. She set up the methodology and performed the analysis based on CalRecycle requirements. Ms. Hurlburt ensured that each of the EcoNomics cities was able to report a realistic estimate of organics capacity to the County for the required survey.

KEY PERSONNEL
LINDA FURBEE
Title: Municipal Projects Director
Time with EcoNomics: 2 years
Education: BA in Political Science, UC Riverside; Currently pursuing a Juris Doctorate at California Desert Trial Academy College of Law with an anticipated graduation date of May 2024.

Specialization: Hauler agreement contract management and transition, Hauler agreement procurement and drafting
Professional Memberships: CRRA
Ms. Furbee joined EcoNomics in October 2021. As her first assignment, she held a 3‐day per week residency at the City of Newport Beach Municipal Operations Division for 1‐year where she assisted the City with finalizing its residential franchise negotiations and overseeing the implementation of a citywide organics program. Her function was to oversee the hauler’s implementation of a third organics cart to all households and ensure the roll‐out, and the accompanying educational campaigns were done in accordance with the contract terms. Ms. Furbee ran weekly meetings with the City and its hauler to troubleshoot operational issues, coordinate resolutions to customer service issues, ensure compliance with SB 1383 contamination minimization monitoring requirements, and ensure the ratepayers were receiving the value that they were paying for. She managed the City’s edible food recovery program inspections, notifications, outreach, reporting and capacity planning. Ms. Furbee also has assisted client cities with procurement processes, both via a competitive RFP process and via negotiations, to ensure franchise agreements are fully aligned with SB 1383 requirements. To this end, Ms. Furbee has drafted scope of work language, education and outreach requirements, contamination monitoring requirements and other key elements that our client cities may use to attain compliance.

4.5.a
Packet Pg. 76
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 17
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
Prior to her tenure at EcoNomics, Ms. Furbee was an account director for a communications firm in the Coachella Valley. In her capacity within the organization, Ms. Furbee assisted clients with implementing communication and marketing strategies. Prior to her career in marketing, Ms. Furbee worked in municipal government in various capacities, including Assistant to the City Manager, Management Services/Marketing Director, and Management Analyst. Ms. Furbee is currently pursuing her law degree at the California Desert Trial Academy College of Law.

Projects Currently Working On:

Laguna Beach Request for Proposals
The City of Laguna Beach is conducting a request for proposals for a new hauler franchise agreement. Ms.

Furbee drafted scope of work language, education and outreach requirements, contamination monitoring requirements and other key elements in the new agreement which may be used to attain compliance. The new hauler franchise agreement includes SB 1383 implementation programs and performance standards.

Laguna Hills/Lake Forest Request for Proposals
The Cities of Laguna Hills and Lake Forest are in the process of conducting a joint request for proposals for new hauler franchise agreements. Ms. Furbee is responsible for tracking the Cities’ key decisions and ensuring the necessary language is incorporated into the new hauler agreements in regard to the key decisions. Ms. Furbee is drafting the scope of work language and the request for proposals, as well as for ensuring all of the proper forms/exhibits conform with the Cities’ key decisions, the agreement and the RFP. The new hauler franchise agreements will include SB 1383 implementation programs and performance standards.

IAN BEVAN, MBA
Title: Senior Program Implementation Coordinator
Time with EcoNomics: 9 years
Education: BA in Political Science, San Diego State University, 2008 MBA in Sustainable Management, Presidio Graduate School, 2012 Specialization: AB 341, AB 1826, and SB 1383 Field Implementation; CalRecycle Compliance Reporting (EAR and Form 303)
Professional Memberships: CRRA
Ian Bevan specializes in developing cost‐effective waste diversion programs that help businesses meet compliance requirements. He has implemented AB 341, AB 1826, and SB 1383 programs at hundreds of commercial and multi‐family properties in San Juan Capistrano, Tustin, Mission Viejo, Laguna Hills, Santa Ana, and Anaheim. Mr. Bevan uses information gathered at site audits to develop customized, cost‐saving waste reduction programs that fit the unique needs of each property, from split trash and recycling bins to specialized enclosure signage and outreach. Mr. Bevan has also worked with large retail operations to implement organics waste diversion.

Mr. Bevan has experience working with the City of San Diego Environmental Department managing the construction and demolition ordinance. In this capacity, Mr. Bevan worked with contractors to ensure they met or exceeded the City’s 50% diversion requirement for construction and demolition waste. Mr. Bevan leveraged his experience as an on‐campus sustainability advocate at San Diego State University to found a non‐profit company committed to facilitating grassroots, student‐led sustainability programs at colleges and universities.

Projects Currently Working On:

4.5.a
Packet Pg. 77
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 18
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
CalRecycle EAR
Mr. Bevan leads the EAR and implantation efforts on behalf of EcoNomics’ client cities. Mr. Bevan works with external partners to obtain necessary data needed to complete the EAR. He then conducts analysis and synthesizes the reporting descriptions for each section of the EAR. Each annual report has thousands of individual facts and numbers to update. After internal review of the EAR is complete, Mr. Bevan transfers the data into the online LOGIC system and generates a report for client review.

CalRecycle Implementation Record
As of 2022, the CalRecycle’s reporting requirements dramatically increased compared to previous years due to the requirement of jurisdictions completing a CalRecycle Implemenation Record. Mr. Bevan led a company‐wide effort including a working group to create a standard record keeping system for client jurisdictions that would adhere to the newly expanded reporting requirements of SB 1383.

Mission Viejo
In addition to helping develop the EcoNomics record‐keeping system for client cities, Mr. Bevan has recently worked in the City of Mission Viejo to develop its record keeping system which is powered by Recyclist. Mr.

Bevan is well versed in Recyclist overall, and Mission Viejo’s implementation record is active and up to date per SB 1383’s requirements. Mr. Bevan has also assisted in AB 341, AB 1826 and SB 1383 notifications to generators, program implementation and monitoring and edible food program inspections and outreach.

VALERIA FERRUFINO
Title: Field Implementation Coordinator
Time with EcoNomics: 3 years
Education: AA in Geography, AA in Social and Behavioral Sciences, AA in Liberal Studies: Teacher Education, Certificate of Achievement in Sustainability and Resource Management, Irvine Valley College, 2020 BA in Geography with Emphasis in Environmental Analysis, Geographic Information Systems Certificate, California State University Fullerton, 2022 Specialization: Edible Food Recovery Inspections, AB 1826 & SB 1383 Monitoring and Compliance, Contamination Audit Reviews, GIS Applications
Professional Memberships: CRRA
Valeria Ferrufino joined the EcoNomics team in January of 2020 to assist with field implementation. Ms.

Ferrufino conducts recurring audits of participants in the City’s AB 1826 program to assess participation and contamination levels. She has provided education regarding recycling legislation and recommendations for compliance to hundreds of business managers at restaurants, grocery stores, hotels, shopping malls, offices, and multi‐family properties in Laguna Hills, Irvine, San Juan Capistrano, Laguna Niguel, and Mission Viejo. She has also provided doorstep education to over 1000 residents in San Juan Capistrano and Laguna Niguel, informing about organic recycling guidelines. Ms. Ferrufino has implemented, provided staff training, and verified the quality of dozens of AB 1826 and SB 1383 programs at commercial properties in Irvine. She has worked in the City of Mission Viejo to analyze commercial listings to identify AB 1826 and AB 827 non‐compliant generators and bring them the necessary education for compliance.

Ms. Ferrufino led sustainability efforts at Irvine Valley College as the Co‐President of the on‐campus Green Team and with frequent presentations of sustainability projects at the college’s Environmental Leadership Task Force. She also led projects as the Vice President of Communications in the Phi Theta Kappa Honors Society. Ms. Ferrufino has proficient ArcGIS skills that have assisted in presenting field audit findings and optimizing recycling audit routes.

4.5.a
Packet Pg. 78
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 19
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
Projects Currently Working On:

Buena Park Edible Food Recovery
In 2022, Ms. Ferrufino performed inspections and outreach at Edible Food Recovery Organizations and Tier 1 Food Generators to: review compliance with SB 1383 record‐keeping requirements and provide recommendations to maximize food recovery. In 2023, she is visiting Tier 2 Food Generators to provide technical support, regarding edible food recovery, in preparation for SB 1383 regulations of year 2024. She has created a database and online map of Edible Food Recovery Organization locations in Orange County for the City’s website.

Irvine Recycling Implementation (AB 1826 & SB 1383)
Ms. Ferrufino targets commercial properties to reach compliance with AB 1826 and SB 1383. Ms. Ferrufino develops organic and dry recycling proposals then obtains approval from business managers. She works with the local solid waste collection company to implement programs, then she provides follow‐up support and education to business staff. She contacts business managers to verify third‐party green waste recycling programs. She evaluates SB 1383 waiver eligibility and assists business managers in applying for waivers.

Laguna Hills Contamination Audit Review
Ms. Ferrufino observed the Quarter 1 2023 CR&R Contamination Audits at multi‐family and residential properties to evaluate the fulfillment of contract Attachment N requirements. She participated in CR&R’s process of evaluating waste contamination. Ms. Ferrufino provided recommendations to improve the Route Review methodology, data collection, and contamination measurements in accordance with the contract.

Her guidance for CR&R to reposition waste materials with tools, a contract requirement not implemented previously, improved the Audit process and encouraged accurate contamination assessments.

Laguna Hills Multi‐family Organics Implementation Review Ms. Ferrufino prepared spreadsheets to track CR&R’s completion of organics recycling implementation and outreach at multi‐family properties. She audits properties with existing organics recycling programs to monitor diversion at waste enclosures; she recommends service adjustments to encourage sufficient access and availability to recycling.

Laguna Hills Recurring Commercial Waste Audits
Ms. Ferrufino performs site visits and outreach at commercial properties to monitor waste diversion. She provides education and resource flyers to business managers and staff with the goal of increasing participation and decreasing waste contamination. Her approach includes explanations of accepted waste materials per waste bin and SB 1383 requirements.

Laguna Hills Commercial Recycling Implementation Review Ms. Ferrufino monitors diversion program results for dry recycling programs implemented in 2022 by CR&R.

Ms. Ferrufino developed proposals to increase dry recycling services, as required for sufficient diversion by high‐volume generators, and is working to obtain approval from business managers to increase services.

Laguna Hills and Laguna Niguel Hauler Report Review
Ms. Ferrufino analyzes monthly and quarterly reports submitted by CR&R in Laguna Hills and Laguna Niguel to track reported data, such as trends in diversion and service complaints, and to ensure completeness of reporting requirements.

Laguna Niguel Multi‐family Organics Implementation and Audits Ms. Ferrufino performs waste audits at multi‐family properties to assess completeness of organics implementation, resident participation, and contamination. She assists in organics recycling implementation and provides recommendations for service adjustments to ensure diversion. She offers property managers support regarding hauler service issues and education for residents.

4.5.a
Packet Pg. 79
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 20
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
San Juan Capistrano Food Scrap Receptacle Delivery
Ms. Ferrufino delivers, to residents, kitchen food scrap receptacles and education of acceptable food waste materials for organic recycling.

SUB‐CONSULTANT – CERENE ST. JOHN
EcoNomics would use one sub‐consultant if engaged by the City of Laguna Hills on an as‐needed basis.

EcoNomics would use Cerene St. John, J.D., as a sub‐consultant for any legal drafting, review, and analysis needed during the course of the project. These services would be provided through the Law Office of Cerene St. John. Ms. St. John is an active member of the State Bar of California and worked as a Deputy City Attorney for the City and County of San Francisco from 1980‐1984. She currently provides contract drafting, contract negotiation, ordinance writing, analysis of legislation, and specialized sustainability and franchise oriented legal services for jurisdictions statewide. She is familiar with Propositions 218 and 26 as well as AB 341, AB 1826, SB 1383 and their corresponding CalRecycle regulations. She bridges program implementation requirements into legal and regulatory language and metrics for use in assuring compliance and performance from hauling companies and their affiliates.

CURRENT CLIENTS
City of Anaheim
City of Buena Park
City of Irvine
City of Laguna Beach
City of Laguna Hills
City of Laguna Niguel
City of Lake Forest
City of Lake Forest/Laguna Hills
City of Mission Viejo
City of Rancho Mirage
City of San Juan Capistrano
City of Santa Ana
City of Tustin
Local Quick Service Corporate Client
PREVIOUS CLIENTS
County of LA Public Works via AECOM (2019‐2023)
City of Cypress (2010)
City of Eastvale (2014 – 2015)
City of Fullerton (2022)
City of Huntington Beach (2013‐2016)
City of Indian Wells (1996)
City of La Quinta (1996)
City of Napa (1999 – 2020)
City of Newport Beach (2017 – 2023)
City of Stanton (2004 – 2020)
County of Napa (1995‐2003)

4.5.a
Packet Pg. 80
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 21
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
D. ORGANIZATIONAL CHART
The below organization chart reflects the staff that will be assigned to the City of Laguna Hills.

William O'Toole
President and Founder
Project Director
Christy Hurlburt MBA
Vice President
Project Manager
Linda Furbee, Director
New Agreement
Transition Assistance
Ian Bevan
Senior Field
Coordinator and
Reporting Specialist
Valeria Ferrufino
Field Coordinator

4.5.a
Packet Pg. 81
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 22
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals

4.5.a
Packet Pg. 82
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 23
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
E. REFERENCES

4.5.a
Packet Pg. 83
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 24
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals

4.5.a
Packet Pg. 84
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 25
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
F. PROJECT UNDERSTANDING,
OVERVIEW, AND APPROACH
F.1. UNDERSTANDING AND APPROACH
In Laguna Hills, EcoNomics conducted the franchise negotiation in and oversight processes and authored the solid waste and recycling franchise, Amendment No. 1, and Amendment No. 2 currently in effect. As such, EcoNomics is in a unique position to provide contract management and technical support for the franchise agreement because the team is familiar with the contract, has overseen the contract since 2003 and is familiar with the City’s franchised hauler contractual obligations, CR&R Environmental Services.

Per the scopes of services in Section IV of the RFP, EcoNomics has the following understanding and approach to each of the outlined tasks:

TASK 1. CALRECYCLE SUPPORT.

TASK 1.1. WORK WITH CALRECYCLE STAFF.

EcoNomics currently assists its client cities with legislative tracking, CalRecycle interface, and compliance reporting. EcoNomics has connections with key policy makers, advocacy groups, and regulatory agencies in Sacramento and is aware of pending solid waste legislation as it develops. EcoNomics has direct contact with senior level staff at CalRecycle and, as such, has the ability to provide its clients with high‐level insight into the legislative and regulatory development processes. EcoNomics will continue to provide the City of Laguna Hills with new SB 1383 reports, as new FAQ’s, tools, and guides role out from the State. EcoNomics will also work closely with Laguna Hills’ local assistance representative, Jeff McDaniels, to provide updates on compliance, ask SB 1383 programmatic and legislative clarification questions. In addition, EcoNomics will continue to attend the regular “Chats with CalRecycle” on behalf of the City to glean best practices and participate in the discussion forum.

EcoNomics is familiar with the Orange County CalRecycle Local Assistance and Market Development (LAMD) representatives and how data gathered during the site visits and conference calls is used to assess a jurisdiction’s compliance. In our experience, providing accurate data that documents AB 939, AB 341, AB 1826, AB 827 and SB 1383 implementation efforts, verifiable diversion tonnage reporting, and concurrent outreach activities are all critical to demonstrating compliance.

EcoNomics will continue to prepare and facilitate the CalRecycle bi‐annual visit agenda and associated implementation reports. And, when applicable, facilitate tours of properties that showcase innovative and cost‐saving diversion programs for CalRecycle’s annual site visit.

TASK 1.2. ASSIST IN PREPARATION OF CALRECYCLE REPORTS INCLUDING EAR REPORT.

EcoNomics has extensive experience in Laguna Hills, and in seven other Orange County jurisdictions (Anaheim, Mission Viejo, Lake Forest, Laguna Niguel, Newport Beach, Santa Ana and Tustin), with assisting client cities with CalRecycle reporting, compliance notifications for both Electronic Annual Reports (EARs) and Form 303 HHW reports, and City‐County Payment Program grant reporting. On an annual basis, CalRecycle requires the submittal of an Electronic Annual Report (EAR) and also arranges jurisdiction site visits for verification and inspection purposes. EcoNomics will provide services to assist staff in meeting its mandated reporting duties. In addition, if CalRecycle highlights any issues or concerns, EcoNomics will work with the agency to remedy any perceived or actual deficiencies.

4.5.a
Packet Pg. 85
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 26
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
EcoNomics has assisted the City of Laguna Hills with its electronic annual report submittal since 2004. As a result of having assisted with the City’s annual reporting processes, EcoNomics, if selected, will be able to complete reports efficiently and precisely. EcoNomics currently assists the following eight cities with gathering data for and/or drafting the Electronic Annual Report (EAR) to CalRecycle: Anaheim, Laguna Niguel, Lake Forest, Laguna Hills, Rancho Mirage, Tustin, Mission Viejo and Santa Ana. The annual reporting process is an important opportunity for the City to showcase its diversion programs and to demonstrate its compliance with state diversion mandates.

As of 2022, the CalRecycle Electronic Annual report (EAR) reporting expectations have changed significantly amounting to a sizable increase of efforts needed to successfully complete the EAR. In addition to the DPS codes from EARs historically, the EAR now contains 15 additional reporting modules, each of which with a corresponding record keeping system which must always be maintained and up to date in perpetuity.

EcoNomics assisted Laguna Hills with this transition to the “new EAR” for reporting year 2021 and the first half of 2022. This involved the creation of an online record keeping system which houses the supporting documentation and data sources that feed into the “New EAR”. As part of its preparation of the annual report, EcoNomics takes the following actions and gathers the following data points to provide CalRecycle a holistic picture of the City’s diversion programs:
 Review tonnage reports for the reporting year to determine diversion quantities for commercial, residential, and special event sectors
 Conduct analysis of available data to determine reportable tonnages for several DPS Codes  Contact the CalRecycle to obtain exact California Redemption Value recycling activity at buyback centers within the City limits
 Review County of Orange reports to obtain self‐haul and salvage figures from County landfills  Review hauler tonnage reports, contact local construction and demolition (C&D) processing facilities, and review City records of C&D ordinance compliance forms to determine the amount of C&D materials diverted during reporting year
 Contact hauler and review City records to obtain information on outreach used to inform residents and businesses of recycling programs
 Compile all data requests for the City, Hauler, and external data sources  Summarize all printed, electronic and direct outreach attempts and populate in the record keeping system’s outreach tracking spreadsheet which includes tracking of how many people received such materials
 Obtain analytics of various web‐based resources including webpages, videos, brochures, bill inserts housed on City, hauler and County websites
 Coordinate with County of Orange to obtain quantities of hazardous materials and electronic waste taken to County facilities by City residents
 Contact local grocery stores and restaurants to quantify existing internal rendering and composting programs for the reporting year
 Coordinate with State government agencies to quantify internal diversion activities at local state agency offices
 Analyze the City’s Capital Improvement Project (CIP) bid sheets to quantify the diversion of materials crushed and reused as road base and to determine the tons of rubberized asphalt used in the City
 Coordinate with local food banks to determine the weight of edible materials donated  Coordinate with landscaping contractors to determine tons of landscaping waste diverted from the landfill
 Coordinate with City to determine traditional and SB 1383 mandated product quantities procured  Provide supporting citations and direct links to information sources from within the City’s Record keeping system

4.5.a
Packet Pg. 86
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 27
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
 Formalize new processes to ensure that the City’s record keeping system is always up to date and that all parties who contribute such data in various reporting areas know the exact protocol to maintain the implementation record
 Lead the review and quality control process, which includes crosschecking all data points and facts presented
 Upload EAR into LOGIC system
 Attend all CalRecycle web‐based meetings to ensure that we are apprised of all new reporting expectations and changes within the LOGIC system
 Assist in answering any follow up questions from CalRecycle Over the last nearly two decades of submitting the City’s annual report, EcoNomics has established a database and a preparation schedule for assembling the necessary information for submittal of CalRecycle’s required Electronic Annual Report (EAR). This refined data collection process and the incorporated efficiencies will be applied to the City of Laguna Hills’ annual report. As part of the procedure, a diverse set of data is collected and verified for all aspects of SB 1383. This comprehensive database leads to a thorough annual report that provides CalRecycle with a clear narrative that strongly demonstrates the City’s compliance with SB 1383 requirements.

TASK 1.3. SUPPORT THE CITY WITH SB 1383 REQUIREMENTS.

Edible Food Recovery.

EcoNomics has identified nine (9) Tier 1 generators and nineteen (19) Tier 2 generators in the City of Laguna Hills. SB 1383 requires the City to conduct inspections of Tier 1 generators beginning January 1, 2022 and Tier 2 generators beginning January 1, 2024. EcoNomics conducted Tier 1 inspections in 2022 and, if chosen, will conduct Tier 2 inspections starting in 2024. The process of conducting an inspection is as follows:
 Develop state‐mandated notification letter to Tier 1 and Tier 2 generators. Provide this notification annually per State requirements. Include link to City’s online edible food recovery resource listing.

Request recipients of the letter contact EcoNomics to schedule a site visit.  Conduct in‐person inspections of edible food generators to verify SB 1383‐compliant edible food recovery programs, as mandated by SB 1383. Inspection will include meeting with store manager, visual and photographic documentation of edible food recovery staging area (if applicable), visual review of edible food recovery contract, and completion of checklist for the City’s implementation record.
 Provide technical assistance to Tier 1 and Tier 2 edible food generators to develop edible food recovery programs, as needed.
 Refer non‐compliant and non‐cooperative Tier 1 and Tier 2 generators to City for enforcement, as needed.
 Compile SB 1383 edible food compliance reports for inclusion in City’s implementation record.

EcoNomics is also working on a process outline for Laguna Hills and recommended frequency of inspections based on compliance status of each generator.

There are 2 identified edible food recovery organizations (FRO’s) in the City: 1) Crossline Community Church; and 2) Florence Sylvester Memorial Senior Center. EcoNomics conducted site visits of the FRO’s in 2022 and 2023. The inspections included:
 Develop state‐mandated notification letter to FRO’s. Provide this notification annually per State requirements. Request recipients of the letter contact EcoNomics to schedule a site visit.  Conduct in‐person inspections of FRO’s to verify SB 1383‐compliant edible food recovery programs, as mandated by SB 1383. Inspection will include meeting with manager, visual and photographic

4.5.a
Packet Pg. 87
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 28
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
documentation of tracked pounds per month of food donations received, visual review of edible food recovery contracts in place, and completion of checklist for the City’s implementation record.  Provide technical assistance to FRO’s to develop edible food recovery programs and capacity, as needed.
 Refer non‐compliant and non‐cooperative FRO’s to City for enforcement, as needed.  Compile SB 1383 edible food compliance reports for inclusion in City’s implementation record.

Record‐Keeping.

In addition to the EAR reporting and record‐keeping described in Task 1.2 above, CalRecycle requires jurisdictions to keep an Implementation Record of data and reports related to the State’s solid waste and recycling requirements. CalRecycle may request any or all data and reports included in a jurisdiction’s implementation record, and the jurisdiction must provide the requested data and reports within ten (10) business days. EcoNomics is working with the Laguna Hills to complete its Implementation Record.

At a minimum, the following records are required to be maintained in the Implementation Record:
 Ordinances and Enforceable Mechanisms
 Written Program Descriptions
 Organic Waste Service Collection
 Contamination Minimization, including Route Reviews and Waste Evaluations  Waivers and Exemptions
 Education and Outreach
 Jurisdiction Oversight of Hauler Programs
 Edible Food Recovery
 Recovered Organic Waste Product Procurement
 Paper Procurement
 Inspection and Enforcement
 Compliance Reviews
 Investigation of Complaints and Alleged Violations
To compile and maintain the City’s SB 1383 Implementation Record, EcoNomics uses two tools:
(1) Dropbox Cloud Storage: Dropbox is a third‐party cloud‐based software used primarily for online file storage and file sharing. EcoNomics uses Dropbox as its internal file storage and file sharing system and has great familiarity with its structure and features. The City is able to access these files at any time as they will be hosted in the cloud. EcoNomics has also used Microsoft SharePoint as a file‐ sharing system as well and is able to use this platform if the clty desires. (2) CalRecycle’s Model Implementation Record Tool: EcoNomics populates and annotates CalRecycle’s model tool specific to the City of Laguna Hills’ recordkeeping needs. The tool serves as a landing “page” for all of the City’s required SB 1383 records. The tool is a workbook consisting of multiple tabs specific to each of the recordkeeping sections mentioned above. EcoNomics gathers information and records from the City, its representatives, and its contractors to populate the Implementation Record.

Reporting.

In addition to the Implementation Record, there are many solid waste and recycling points of data and many reports from the hauler, as well as from generators within Laguna Hills. EcoNomics collects, analyzes and collates the data and reports, then provides the analysis and updates to City staff. In addition, EcoNomics has created and maintains databases and tracking spreadsheets in relation to compliant and non‐compliant AB 341, AB 1826 and SB 1383 accounts. EcoNomics will continue to assist Laguna Hills with

4.5.a
Packet Pg. 88
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 29
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
CalRecycle reporting requirements as discussed above, including the EAR and Form 303 HHW Report, as well as any other reporting document requested. EcoNomics performs similar tracking, analysis and reporting for other cities, including Anaheim, Laguna Niguel, Lake Forest, Rancho Mirage, Tustin, Mission Viejo and Santa Ana.

Waiver Administration.

EcoNomics has been providing SB 1383 waiver administration for Laguna Hills by processing waiver requests and by determining if any of the City’s AB 1826 exemptions are eligible for SB 1383 waivers. This process includes desktop analysis of the generator, including the amount of waste disposed and recycling materials diverted, the types of materials in the waste and recycling streams, and any generator space constraints.

EcoNomics then follows up with the hauler for site visit data and information or conducts the site visit to gather the necessary data and information. If it is determined that a generator is eligible for a SB 1383 waiver, EcoNomics works with City staff to notify the generator and the hauler of the waiver. EcoNomics has developed and maintains a tracking system for the Laguna Hills AB 1826 exemptions and SB 1383 waivers. If chosen, EcoNomics would continue this process for SB 1383 waiver administration.

EcoNomics provides SB 1383 waiver administration for other cities, including Anaheim, Laguna Niguel, Lake Forest, Rancho Mirage, Tustin, Mission Viejo and Santa Ana.

Enforcement.

The City adopted an SB 1383‐aligned mandatory participation ordinance. The ordinance requires all generators to subscribe to organics recycling programs, with enforcement mechanisms becoming effective in 2024. In 2024, Laguna Hills may fine generators if they do not implement programs or if there is contamination that does not comply with CalRecycle requirements. EcoNomics will assist Laguna Hills with this enforcement method, if and when needed, to comply with CalRecycle requirements, however this is a last resort. EcoNomics will continue enforce the City’s hauler agreement by working with the hauler to implement programs in accordance with City’s hauler agreement, which in turn will assist the City with its CalRecycle compliance. EcoNomics will also continue to educate and provide technical assistance to generators for implementation of programs.

EcoNomics will assist the City in developing a standard operating procedure (SOP) for the fair and equitable enforcement of the City’s ordinance. The SOP will include the following components:
 Process and template field sheet for initial site assessment  Process for assessing compliance
 Process for gathering evidentiary documentation that could be used if the citation is appealed  Process for issuing and monitoring a notice of violation  Process for issuing first, second, third, and subsequent citations  Process for evaluating a non‐compliant account referred by a franchise hauler  Process for evaluating the compliance of an internal diversion program In addition to developing the SOP, EcoNomics will provide training to the City’s code enforcement staff on how to implement the SOP.

Procurement.

While the City’s RFP did not specifically call out Procurement, this is one of the key components of the SB 1383 legislation that EcoNomics will assist with. Laguna Hills’ procurement target per CalRecycle is 2,486 tons per year reported 344.83 tons procured in the first half of 2022 EAR. This is 13.9% attainment of goal.

AB 1985 gives jurisdictions a phase‐in period to achieve their procurement goals; it requires jurisdictions to meet 30% of the goal in 2023, 65% of the goal in 2024 and 100% by 2025.

4.5.a
Packet Pg. 89
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 30
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
The City put in place an Environmentally Friendly Purchasing Policy that includes SB 1383 recommended language. EcoNomics will work with Laguna Hills to identify procurement strategies and opportunities to meet their goal. EcoNomics will review the City’s mulch and compost needs, and the landscaping contractor contracts with the City to determine if all of the current mulch and compost is being correctly accounted for and if there are ways to expand the use of mulch and compost within the City.

EcoNomics is currently researching alternative methods for the cities we work with to achieve their CalRecycle procurement goals. Upon conclusion of the research, we will provide recommendations to the City of Laguna Hills on the most effective method for achieving the ultimate procurement target of 2,489 tons per year for Laguna Hills. Once approved by the City, EcoNomics will assist in putting any necessary programs in place to achieve the procurement target.

Outreach and Education.

Compliance with SB 1383 state‐mandated organics diversion programs requires the Cities to have public education programs in place. A successful public education program will (a) train the community on best practices to efficiently separate food scraps from trash and recyclable materials, (b) prevent contamination of recycling and food scraps (c) educate the community about recycling and how food scraps are composted or processed through anaerobic digestion, and (d) educate the community about how wasting food can have negative impacts; both locally, in terms of food insecurity, and globally, in terms of climate impacts.

EcoNomics will continue to assist the City of Laguna Hills in reviewing, revising, developing, and implementing the public education program requirements of SB 1383.

To encourage residential and commercial generators to implement recycling programs and to improve current recycling programs, EcoNomics will continue to provide Laguna Hills with social media ready posts and press releases. The topics would include blue container recycling materials, green container organics materials, holiday greenery recycling, bulky‐item pick‐up, sharps containers, HHW recycling and disposal options, compost giveaways and compost workshops. The posts will provide information about each of these topics as well as best practices, acceptable materials, etc. EcoNomics will provide two to three social media post per month and six press releases per year. Additional social media posts and/or press releases could be provided to the City if requested. EcoNomics has found this amount to work well to keep readers interested, and not oversaturated.

EcoNomics will continue to assist Laguna Hills with town halls to provide residential recycling program presentations and can expand to include presentations to commercial generators through community‐ based organizations, HOA’s or the Community Center. EcoNomics can also provide assistance with drafting recycling‐related copy for brochures, articles, surveys, magazine articles, trade journals, websites etc.

For an additional cost, EcoNomics would create videos specific to Laguna Hills residential and commercial customers regarding the three‐stream solid waste and recycling programs best practices, acceptable materials, etc.

In addition, EcoNomics will continue to provide notification to businesses and multi‐family properties about the requirement to recycle per AB 341, AB 1826, and SB 1383. EcoNomics has developed paper and online compliance reporting forms to send to non‐compliant generators, which are effective knowing the accounts needing site audits and technical assistance.

4.5.a
Packet Pg. 90
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 31
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
TASK 2. PROVIDE TECHNICAL AND FIELD SUPPORT FOR THE ADMINISTRATION OF THE CITY’S SOLID WASTE COLLECTION AND RECYCLING SERVICES AGREEMENT.

EcoNomics performed the recent negotiation of Amendment No. 2 to the City’s Solid Waste and Recycling Services Agreement in 2022. As such, EcoNomics has an in‐depth understanding of the various contractual mechanisms contained in the agreement to direct the City’s contractor to expand diversion programs, provide reports, verify data, etc. Further, EcoNomics is familiar with deliverables required by the agreement and the timing for services provided to the City by CR&R. With a multi‐year comparative database gained in working in the City on a field level, EcoNomics will evaluate progress in implementing SB 1383 state‐ mandated diversion programs. The reporting requirements in Amendment No. 2 will provide data on contamination and diversion program impacts that will be helpful in assessing the City’s compliance.

TASK 2.1. MAINTAIN A CHECKLIST OF ALL CONTRACT REQUIREMENTS For the current Amendment No. 2, and new franchise agreement scheduled to go into effect July 1, 2024, we will develop a contractual deliverable tracking tool similar to the one shown in Figure 2.1.1 that provides an ‘at‐a‐glance’ reference of time‐sensitive contractual obligations. This tool will be used to develop monthly agenda items, provide a ‘heads‐up’ to CR&R staff of pending deliverables, and to track contractor compliance with the franchise. Additionally, using CR&R’s monthly reports, EcoNomics tracks progress with attaining compliance with AB 1826, AB 341, and SB 1383 based on the number of new waste diversion programs implemented. This tool will assess the implementation pacing of these compliance programs and measure them against the requirements of the franchise to ensure a timely roll‐out the requisite programs.

EcoNomics will make this document available to both the City and the hauler via a cloud‐based, file‐sharing system. The document will be updated within 20 days of receiving any deliverables.

Figure 2.1.1: Example of Contract Compliance Tracking Document Used in Orange County City TASK 2.2. ASSIST IN IMPLEMENTATION OF RECYCLING PROGRAMS EcoNomics has extensive experience in implementing AB 939, AB 341, AB 1826 and SB 1383 recycling programs in jurisdictions in both Southern and Northern California. As discussed in Task 3 below, EcoNomics will provide technical assistance for implementation of recycling programs to all sectors, i.e. commercial, residential and multi‐family. In addition, EcoNomics will assist with implementation for special events in Laguna Hills, and with implementation of special programs as needed. EcoNomics will provide review and oversight of the hauler’s recycling program implementation. We will also provide technical assistance for recycling program implementation to ensure that the City is achieving CalRecycle goals and requirements.

4.5.a
Packet Pg. 91
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 32
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
TASK 2.3. MONTHLY REPORT REVIEW
Due to its involvement in the drafting of the City’s franchise agreement and amendments, EcoNomics is familiar with all of the reporting protocol requirements in CR&R’s franchise agreement and attachments.

Each month, working with City Staff, EcoNomics will review CR&R’s submitted reports and identify areas of inquiry that are then reviewed at the monthly meetings in Task 4. This monthly format of meeting with the City’s hauler to review reports has proven worthwhile in maintaining accurate reporting and program monitoring and oversight.

For resolving commercial and multifamily account issues identified as a result of the report analysis, EcoNomics obtains the hauler’s updated raw data account listing which is then be used to access key account service information needed to implement diversion programs. Through desktop data analyses, the commercial list can be sorted to identify the City’s compliance status with AB 341, AB 1826 and SB 1383.

The hauler submits the list to the City monthly, which can be sorted to provide the City with real‐time compliance updates.

TASK 2.4. PROVIDE OVERSIGHT OF WASTE AUDITS AND CONTAMINATION MONITORING The City’s franchise and Amendment No. 2 requires CR&R to conduct recurring waste characterizations (AKA: waste audits) to assess the quantity and types of materials found in the different waste streams collected. Waste characterizations are designed to assess SB 1383 contamination levels of single‐stream recycling and organics routes, identify additional diversion opportunities, and to assess the impact of the City’s or the hauler’s educational outreach efforts.

The City’s diversion tonnage is calculated from the results of the quarterly characterizations. In other cities, including Lake Forest, Tustin, and Laguna Niguel, EcoNomics has audited its clients’ waste characterization studies to assess the degree in which the haulers characterization methodology complies with the methodology set forth in the contract. These audits have allowed EcoNomics to identify non‐recyclable contaminants and trace them back to specific generators and different parts of the City in an effort to provide targeted educational outreach. Fieldwork may be needed to true up diversion tonnage when apparent program results do not seem to match reported diversion results. It is also likely that targeted “spot” audits will be required to resolve organics (restaurant) contamination issues. Additionally, these waste characterizations will be used to verify that less than 10% of recyclables have been incorrectly placed in the MSW bins per SB 1383’s requirements and per the franchise’s contamination caps.

EcoNomics is proposing to observe CR&R conduct one waste characterizations per year for each year of the contract. EcoNomics is proposing to observe each waste stream’s waste characterization for each sector on an annual basis as conducted by the hauler. The result of these observations will be a summary report back to the City confirming CR&R is adhering to the protocols set forth in the franchise; a report on observed contaminants in the waste stream; and an analysis of the waste characterization results to compare them against the contamination caps set forth in SB 1383.

CR&R is also required to perform quarterly route reviews (AKA: lid flips) for an estimated 45 residential containers. EcoNomics will observe one of the quarterly route reviews on an annual basis. The result of these observations will be a summary report back to the City confirming CR&R is adhering to the protocols set forth in the franchise; a report on observed contaminants in the waste stream; and an analysis of the waste characterization results to compare them against the contamination caps set forth in SB 1383.

TASK 2.5. CONDUCT RATE INCREASE REVIEWS

4.5.a
Packet Pg. 92
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 33
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
As part of its current contract management services to the City, EcoNomics provides recycling and solid waste rate analysis. EcoNomics will continue to conduct the analyses for each annual rate adjustment using the methodology in the franchise agreement.

The following process is used to confirm the annual rate adjustment is calculated in accordance with the contractual methodology:

1. Query Bureau of Labor Statistics database to obtain the appropriate index information.

2. Confirm landfill rate adjustment reflects Orange County Waste and Recycling update.

3. Utilize the base rates established by prior rate adjustment.

4. Utilize protocol contained in the contract to calculate the rate adjustment.

5. Perform QA/QC to confirm rounding protocols and calculations are correct.

TASK 2.6. PERFORM CONTAINER AUDITS
EcoNomics will audit the hauler’s containers to confirm that inventories in the field cross‐check with those on hauler’s commercial and multi‐family listings; to assess the condition of the hauler’s containers and note if graffiti is present; to confirm that contractually required markings are included on the bins; to assess the overall condition of the bins; to assess the prevalence of rust; to confirm lids are closed to prevent water pollution; to determine the working order of casters; and to assess overall aesthetics of the bins.

EcoNomics will audit the containers on a spot‐basis when out in the field for program implementation and technical assistance. If the spot‐basis audit indicates issues with the containers in the areas listed above, then EcoNomics will perform a more extensive audit of all containers and provide a written report to the City of Laguna Hills.

TASK 3. PROVIDE TECHNICAL RECYCLING ASSISTANCE TO COMMERCIAL, RESIDENTIAL, AND MULTI‐ FAMILY PROPERTIES TO MAINTAIN AND DEVELOP RECYCLING PROGRAMS.

Laguna Hills achieved 100% AB 341 and AB 1826 compliance in the beginning of 2022 with the collective effort of the City, CR&R, and Economics. The compliance focus has now turned to SB 1383 accounts that did not meet the previous AB 341 or AB 1826 thresholds for service. As Laguna Hills closes in on full SB 1383 account implementation, the work effort will move from compliance to monitoring. The goals will also shift from program implementation to program education and proper use. Ultimately, the result will help the City to reduce overall tonnage per capita, increase diversion, and reduce contamination out of all sectors.

TASK 3.1. COMMERCIAL TECHNICAL ASSISTANCE.

EcoNomics is working closely with both CR&R and the City to ensure the commercial account programs are implemented according to the process outlined in Amendment No. 2. EcoNomics created a tracker to monitor CR&R’s progress and conducts weekly check‐ins to determine status for accounts deemed fully implemented, EcoNomics will conduct quarterly commercial account site visits in 2023 to monitor progress and annually thereafter unless commercial account specific monitoring is required. These site visits will consist of: 1) ensuring all containers are present and adequate service is available to the business; 2) monitoring service levels and contamination in containers; 3) checking signage and updating as needed; 4) providing additional education and outreach to businesses as needed.

If a business needs additional assistance, EcoNomics will work with CR&R to provide services such as:
 Provide a proposal to adjust service levels
 Order additional/modified service

4.5.a
Packet Pg. 93
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 34
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
 Provide education in the form of signage, brochures, meetings with the business owner and/or manager outreach, staff training, and other suitable activities.  Follow up on contamination incidents
 Follow up on complaints

For the commercial accounts that are not yet “fully implemented”, EcoNomics will continue to work with CR&R to ensure compliance. If any business refuses service and is referred to the City, EcoNomics will work with the City to issue a Notice of Violation and provide on the ground assistance to bring the account into compliance.

EcoNomics can provide direct technical assistance to SB 1383 generators to ensure program use and compliance. Continuous monitoring of accounts in the City will help to increase diversion and reduce contamination.

As the City’s commercial and multi‐family accounts become fully compliant with SB 1383 through implementation of the required programs, the focus will turn to increasing participation and reducing contamination in all sectors, which may also include enforcement as discussed above in Section 1.3.

EcoNomics will continue to provide assistance to the commercial sector through public education and outreach concentrating this effort on increasing participation and reducing contamination, as well as provide technical assistance to commercial accounts to achieve additional participation and reductions in contamination.

The data gathered from the waste characterizations and the ‘lid‐flipping’ audits will be used to strategize and determine the type of outreach, education and technical assistance is needed in order to address participation and contamination issues. For instance, the waste characterizations and lid‐flipping audits may show that commercial accounts are doing well with green organics container recycling, but not with blue container recycling. In that case, most of the effort will be to publicize and provide technical assistance with blue container recycling, including best practices and benefits of recycling materials that go into the blue container.

If after commercial businesses receive additional outreach, education and technical assistance, there are still issues that warrant enforcement, EcoNomics will assist the City with the enforcement process as discussed in Section 1.3. This includes notification letters, which may ultimately result in fines.

TASK 3.2. RESIDENTIAL TECHNICAL ASSISTANCE.

The City of Laguna Hills’ hauler, CR&R, provides residential three‐stream waste and recycling collection services. CR&R’s sustainability coordinators provide outreach to residents on the recycling programs and special programs, as well as technical assistance as needed. EcoNomics will assist residents by providing additional outreach to residents through the Town Halls, social media, etc. In addition, EcoNomics will provide technical assistance to residents in relation to the recycling programs as needed.

EcoNomics will continue to provide assistance to the residential sector through public education and outreach concentrating this effort on increasing participation and reducing contamination, as well as provide technical assistance to residents as needed to achieve additional participation and reductions in contamination.

The data from the waste characterizations and the lid‐flipping audits will be used to strategize and determine the type of outreach, education and technical assistance is needed in order to address participation and contamination issues. For instance, the waste characterizations and lid‐flipping audits

4.5.a
Packet Pg. 94
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 35
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
may show that residents are doing well with blue container recycling, but not with green container organics recycling. In that case, most of the effort will be to publicize and provide technical assistance with organics recycling, including best practices and benefits of organics recycling.

If after residents receive additional outreach, education and technical assistance, there are still issues that warrant enforcement, EcoNomics will assist the City with the enforcement process as discussed in Section

1.3. This includes notification letters, which may ultimately result in fines.

TASK 3.3. MULTI‐FAMILY TECHNICAL ASSISTANCE.

With 8 remaining multi‐family accounts left to be “fully implemented” by CR&R, EcoNomics is working closely with both CR&R and the City to ensure these accounts are implemented according to the process outlined in Amendment No. 2. EcoNomics created a tracker to monitor CR&R’s progress and conducts weekly check‐ins to determine status. For accounts deemed fully implemented, EcoNomics will conduct quarterly multi‐family site visits in 2023 to monitor progress and annually thereafter unless property‐ specific monitoring is required. These site visits will consist of: 1) ensuring all containers are present and adequate service is available to all residents; 2) monitoring service levels and contamination in containers; 3) checking signage and updating as needed; 4) providing additional education and outreach to property managers and tenants.

If a property needs additional assistance, EcoNomics will work with CR&R to provide services such as:
 Provide a proposal to adjust service levels
 Order additional/modified service
 Provide education in the form of signage, brochures, door to door outreach, community meetings, staffing a table onsite, and other suitable activities.  Follow up on contamination incidents
 Follow up on complaints
For the remaining 6 properties that are not yet “fully implemented”, EcoNomics will continue to work with CR&R to ensure compliance. If any property refuses service and is referred to the City, EcoNomics will work with the City to issue a Notice of Violation and provide on the ground assistance to bring the account into compliance.

EcoNomics will continue to provide assistance to the multi‐family sector through public education and outreach concentrating this effort on increasing participation and reducing contamination, as well as provide technical assistance to multi‐family accounts to achieve additional participation and reductions in contamination.

The data gathered from the waste characterizations and the lid‐flipping audits will be used to strategize and determine the type of outreach, education and technical assistance is needed in order to address participation and contamination issues. For instance, the waste characterizations and lid‐flipping audits may show that multi‐family accounts are doing well with the materials placed In the green organics container and blue recycling container, but the MSW container has a number of recyclable materials and food scraps that should be pulled out and put in either the blue or green container. In that case, most of the effort will be to publicize and provide technical assistance with pulling out as many recyclable materials and food scraps as possible and placing them in either the blue or green container, including best practices and benefits of recycling recyclable materials and food scraps.

4.5.a
Packet Pg. 95
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 36
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
If after multi‐family properties receive additional outreach, education and technical assistance, there are still issues that warrant enforcement, EcoNomics will assist the City with the enforcement process as discussed in Section 1.3. This includes notification letters, which may ultimately result in fines.

TASK 4. ATTEND PROGRESS MEETINGS AND PREPARE MONTHLY PROGRESS REPORTS.

EcoNomics has historically held monthly progress meetings with the City. These meetings serve the following purposes: 1) address CR&R specific issues, concerns or legal action needed; 2) review oversight of CR&R’s Commercial, Residential and Multi‐family programs, waste evaluations and route reviews, etc.; 3) discuss status of additional SB 1383 requirements outside the scope of the franchise agreement, including edible food recovery, procurement, record keeping, and CalReycle reporting. After each meeting, EcoNomics will continue to send a progress update with deliverables and timelines.

EcoNomics recommends also continuing the monthly progress meetings are held with both the City and CR&R. EcoNomics established the format, the reporting documentation, and currently facilitates recurring hauler meetings with the City. There are several levels of project status tracking required for this program.

These meetings serve the following purposes: 1) establish where the City is with respect to satisfying each of its overall SB 1383 program requirements; 2) provide a monthly tracking of individual numbers of businesses with commercial programs and SB 1383 compliance, and tonnage diverted from each group; 3) provide an update on critical contract deliverables and the work effort completed and in progress; and 4) provide a running month‐to‐month report that allows all the information to be understood and be seen in relationship to the City’s overall compliance. EcoNomics has a working relationship with several key members of CR&R staff that can allow for some issues being resolved via ‘sidebar’ meetings between consultant and hauler. Prior to initiating a hauler/consultant sidebar meeting, Economics would seek explicit approval by the City.

EcoNomics runs efficient meetings with clear objectives that hold all parties involved accountable. Before a meeting, EcoNomics provides all attendees with an agenda to allow for adequate time to prepare for all agenda items. After any meeting, Economics will provide all parties with meeting notes and action items.

TASK 5. PERFORM OTHER DUTIES AS ASSIGNED BY THE CITY.

EcoNomics will perform other duties as assigned by the City including assisting the City with planning projects and updating the City’s policies, procedures and Municipal Code related to solid waste and recycling. EcoNomics will also perform other duties as assigned by the City as they come up through the term of the consulting contract.

TASK 5.1. ASSIST CITY WITH PLANNING PROJECTS.

EcoNomics has previously provided assistance to the City in developing solid waste and recycling plans and programs as part of the City’s planning process, including assistance with the City’s Five Lagunas project. EcoNomics has also provided similar assistance to other Cities including Santa Ana and Indian Wells by developing solid waste and recycling programs along with the planning and building departments with commercial and residential new building and redevelopment projects. Being able to develop solid waste and recycling programs during the planning process of new‐build and redevelopment projects is key in ensuring the success of the programs. Developers and City staff may not be familiar with the infrastructure that would be necessary, preferable and/or helpful to put in place during the building or remodeling process to assist in successful implementation of recycling programs. It saves time, money and effort by adding in the elements necessary to achieve the City’s and State’s recycling goals during the

4.5.a
Packet Pg. 96
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 37
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
building or remodeling process rather than having to re‐configure or jerry‐rig a program after the project is completed.

TASK 5.2. ASSIST WITH UPDATING CITY POLICIES, PROCEDURES AND MUNICIPAL CODE.

EcoNomics will continue to assist the City of Laguna Hills with updating the City policies and procedures, and the City’s Municipal Code related to solid waste and recycling. From time to time, based on new regulations, laws or the City’s new solid waste and recycling contract, the City’s policies, procedures and/or Municipal Code will need to be updated to conform with the new regulations, laws or the City’s new solid waste and recycling contract.

EcoNomics will assess any applicable new regulations and laws, as well as the City’s new solid waste and recycling contract and make recommendations to the City of Laguna Hills of changes as needed and as applicable.

Areas that will be assessed and may result in recommended changes include:
 Revise definitions.
 Examine and consult with City staff departments concerning sections on code enforcement, collection, permits, award of new solid waste and recycling contract, and other issues.  Revisions for consistency with State diversion requirements.  Cal Green section of the code and to enclosure standards.  Updates related to procurement requirements.
 Updates related to new laws and regulations in the areas of solid waste and recycling.  Other applicable conforming changes.

Once the City of Laguna Hills approves the recommended change(s) to the City’s policies, procedures and/or Municipal Code, EcoNomics will draft revisions to update language, add required new definitions, etc.

EcoNomics’ sub‐consultant Cerene St. John will perform the legal work to assist with this task as needed.

Ms. St. John would also work with the City Attorney for the City of Laguna Hills as needed in regard to these efforts.

TASK 6. ADDITIONAL SERVICES.

Transitioning to a new hauler agreement requires considerable review and monitoring of the hauler’s contractual obligations to ensure that the transition is occurring as required by the City and with the least amount of disruption to the residents and businesses as possible. In order to assist the City of Laguna Hills with the transition to the new hauler agreement in July of 2024, EcoNomics has included the following tasks.

TASK 6.1. ASSIST IN TRANSITION TO NEW AGREEMENT.

EcoNomics has an in‐depth understanding of the various contractual mechanisms contained in solid waste and recycling agreements that can assist the City of Laguna Hills in overseeing implementation of the City’s new agreement when it goes into effect in July of 2024. EcoNomics will assist in ensuring a smooth transition to the new agreement, evaluate progress and monitor the hauler’s implementation plan for SB 1383 state‐mandated diversion programs, development of outreach materials, securing and on‐boarding of new trucks, securing and rolling‐out of new carts and containers, and other tasks in the six (6) months before the new contract becomes effective. This oversight will continue during the first year of the new agreement term, with an emphasis on the first four (4) to six (6) months during the first year of the agreement term.

A summary of anticipated contract management tasks to be performed during the transition include:

4.5.a
Packet Pg. 97
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 38
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
 Confirmation of program implementation timing
 Troubleshooting operational concerns during the transition  Ordering, receipt and distribution of new trucks, new wheeled carts, new commercial containers, kitchen pails, etc.
 Confirmation of SB 1383 compliant color codes for bins and carts  Review of cart and bin labels proposed by the hauler
 Confirmation of reflective tape and identification as required by SB 1111  Review and monitoring of roll‐out plan for new carts and containers to residential and commercial customers
 Review and monitor public outreach efforts, with special attention paid notices for new services, any added costs for customers, changes in types of service to ensure that adequate notice and explanation is provided to the affected customers
 Review of format of reports to be submitted by the hauler as required by the new contract  Review of introduction letter to all residents and businesses  Assistance with onboarding of recycling coordinators
 Monitor customer service and assist in resolving any issues related to customer service  Monitor routing and assist in resolving any issues related to routing  Monitor permitting and construction of electric vehicle charging station  Assist with inspections of collection trucks’ collision avoidance systems  Assist with implementation of and addition of data to Recyclist or other CRM system  Review schedule for submittal of hauler reports to City in regards to the transition to the new agreement
 Review hauler reports submitted to City in regards to the transition to the new agreement  Addressing any proposals by the hauler that materially impact costs or timing of program implementation
 Assist City Attorney(s) with review of any Agreement “interpretations” by the hauler TASK 6.2. ASSIST IN THE ADMINISTRATION OF THE NEW AGREEMENT.

As the author of the City’s new agreements to go into effect in July of 2024, EcoNomics will have an in‐ depth understanding of the various contractual mechanisms contained in the agreement to direct the contractor to expand diversion programs, provide reports, verify data, etc. Further, we have assisted several cities with implementing a new contract transition in the post‐SB 1383 landscape, including Tustin, Laguna Niguel, Mission Viejo, Newport Beach, and Santa Ana. With a comparative database, EcoNomics can monitor the hauler(s) diversion reports to evaluate progress in implementing state‐mandated diversion programs and is familiar with the format of hauler reports, the source of the data provided, and where data can be manipulated. The weekly, bi‐weekly and monthly meetings with the City, the hauler, and EcoNomics are important in keeping an open line of communication between all parties and to clearly communicate the City’s expectations. To track time sensitive contractual obligations, EcoNomics has developed a tracking document that has aggregated these items in a spreadsheet that allows for quick reference of pending deliverables. This tracking document is helpful when developing agendas for monthly meetings with the Cities and the hauler to ensure all parties are aware of upcoming deliverables.

TASK 6.3. ATTEND TRANSITION MEETINGS AND PREPARE TRACKING REPORTS.

As mentioned above in Task 6.1, the oversight of the transition to the new agreement will begin in the six (6) months before the new contract becomes effective. This oversight will continue during the first year of the new agreement term, with an emphasis on the first four (4) to six (6) months during the first year of the agreement term.

4.5.a
Packet Pg. 98
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 39
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
In order to ensure the transition goes as smooth as possible, EcoNomics recommends monthly meetings in January, February and March of 2024 with the hauler, City and EcoNomics. Then bi‐weekly meetings in April of 2024, and monthly meetings in May and June, July, August and through September 15 of 2024. Then bi‐ weekly meetings in the latter half of September, and in October, November and December of 2024, followed by monthly meetings from January – June of 2025. EcoNomics will prepare and distribute agendas in advance of meetings, and distribute notes and action items after the meetings. EcoNomics will also create tracking spreadsheets and mechanisms to ensure the contract requirements are being met. When appropriate, EcoNomics holds an internal meeting with city staff to discuss and strategize about sensitive agenda items before meeting with the hauler.

The meetings listed above ensure that there is constant and open communication between the hauler and the City. The City’s expectations of the hauler will be clearly communicated in writing on the agenda and orally during the meetings to assist in ensuring as smooth of a transition as possible. In addition, the meetings allow the hauler and/or the City to raise any issues or concerns as they occur, and to work together to resolve these issues effectively and in a timely manner. That way, there are not surprises or misunderstandings on either party’s side, the City or the hauler.

F.2. IDENTIFY SERVICES PROVIDED IN SCOPE OF WORK
EcoNomics provides all the services described in Section IV of the RFP titled “Scope of Work”.

F.3. PROJECT MANAGEMENT
EcoNomics has worked with the City of Laguna Hills, as well as many cities in California providing solid waste and recycling services. We put in place tracking systems and communication efforts to ensure that projects are managed properly, efficiently and on schedule. This is achieved by holding monthly meetings with City staff. Additional communication between EcoNomics and City staff occurs throughout the month via emails and phone calls, as well as additional meetings as needed. EcoNomics also holds internal weekly project/client updates utilizing, the use of scheduling software which tracks Gantt charts set up at the beginning of projects which are adjusted as needed when schedules change. For the meetings with City staff, EcoNomics endeavors to send out the agenda ahead of time for the meeting participants’ review, and provides notes and action items following each meeting. This effort ensures that City staff and EcoNomics staff are on the same page in regard to project tasks and scheduling. EcoNomics proposes to continue the efforts outlined above to ensure open communication and effective project management.

A project’s schedule may be disrupted due to unforeseen circumstances or outside influences. The regularly scheduled monthly with EcoNomics and City staff, as well as emails and phone call communications, assist in keeping the communication and updates flowing and allows for adjustments to be made when necessary to project tasks and scheduling. If schedule adjustments are necessary, the adjustments will be discussed with the City’s project manager and the scheduling tracker spreadsheet will be update. More frequent meetings and communications between EcoNomics and City staff may be necessary from time to time as noted above in order assist with coordinated project management efforts.

F.4. CITY RESOURCES AND ASSISTANCE
EcoNomics does not anticipate the need for any additional resources from the City of Laguna Hills. We would request the continuation of the monthly meetings with City staff to facilitate the progress and success of the solid waste and recycling services, as well as additional communication through phone calls and emails when needed.

4.5.a
Packet Pg. 99
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 40
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
F.5. ADDITIONAL SERVICES
Additional Services are proposed in Section F, Task 6 above related to assisting the City of Laguna Hills with the transition to the new hauler agreement.

F.6. PROJECT CONTROLS
Our ability to control costs and provide accurate and timely invoices is based on over 40 years of experience in working with municipal clients. Budgets are scoped based on historical knowledge of the time it takes to put in effective recycling programs, manage hauler contracts and implement requirements of State legislation. EcoNomics requires staff to track their time spent on projects and this time is reviewed every two weeks by project managers and administrative staff. All time is reviewed at the end of the month and project managers are required to review and provide a cover letter within a week after the end of the previous month. Invoices are sent to the City within 2 weeks after the previous month’s end.

F.7. QUALITY CONTROL/QUALITY ASSURANCE
EcoNomics has a tri‐level internal quality review process that is applied to all work products before submittal to our clients. The quality assurance/quality control (QA/QC) process involves first, one senior staff member and second, one peer staff member who both review the deliverable. Finally, a senior member, before transmittal to the client, reviews the internal final draft document a second time. For analytical quantitative deliverables, the QA/QC process involves a meeting between senior staff and the staff member who generated the work item. For complicated analytical deliverables, EcoNomics connects its computers to display the deliverable on a large screen monitor to allow a conference meeting with senior staff to review the methodology behind the analysis in real‐time, confirm the driving assumptions, and enhance the work product as needed.

4.5.a
Packet Pg. 100 Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 41
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
G. SCHEDULE
Below is the Schedule for Years 1‐2. The Schedules for Years 3‐5 are on the following pages.

4.5.a
Packet Pg. 101 Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 42
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
Below is the Schedule for Years 3‐4. The Schedule for Year 5 is on the following page.

4.5.a
Packet Pg. 102 Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 43
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
Below is the Schedule for Year 5.

4.5.a
Packet Pg. 103 Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 44
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals

4.5.a
Packet Pg. 104 Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 45
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
H. COMMUNICATION PLAN
As discussed in Section F.3. Project Management, in our current work with the City of Laguna Hills, EcoNomics has put in place tracking systems and communication efforts to ensure that the project is managed properly, efficiently and on schedule, as well as to provide City staff progress updates on any and all tasks. This is achieved by holding monthly meetings with City staff. Additional communication between EcoNomics and City staff occurs throughout the month via emails and phone calls, as well as additional meetings as needed. For the meetings with City staff, EcoNomics endeavors to send out the agenda ahead of time for the meeting participants’ review, and provides notes and action items following each meeting.

This effort ensures that City staff and EcoNomics staff are on the same page in regard to project tasks and scheduling. EcoNomics is consistently available to communicate with City staff through phone calls, emails as well as online or in‐person meetings with City staff. EcoNomics proposes to continue the communication efforts outlined above to ensure open communication and effective project management.

4.5.a
Packet Pg. 105 Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 46
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals

4.5.a
Packet Pg. 106 Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 47
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
I. COMPENSATION/PAYMENT SCHEDULE
As directed in Section II of the RFP, the Fee Proposal/Budget has been submitted in a separate envelope.

4.5.a
Packet Pg. 107 Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 48
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals

4.5.a
Packet Pg. 108 Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 49
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
J. CERTIFICATE OF INSURANCE
CONSULTANT’S ACKNOWLEDGEMENT OF COMPLIANCE WITH

INSURANCE REQUIREMENTS FOR AGREEMENT FOR

PROFESSIONAL SERVICES
Consultant agrees, acknowledges, understands and is fully aware of the insurance requirements as specified in Section 5, Insurance Requirements of the attached sample Agreement for Professional Services (Attachment 4) and hereby accepts all conditions and requirements as contained therein.

Consultant: Trevor Blythe
Name (Please Print or Type)
By: , Vice President
Consultant’s Signature & Title
Date: March 30, 2023

4.5.a
Packet Pg. 109 Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 50
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals

4.5.a
Packet Pg. 110 Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 51
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
K. CERTIFICATION OF PROPOSAL

CERTIFICATION OF PROPOSAL TO THE CITY OF LAGUNA HILLS
The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP). By signing the Certification of Proposal (Attachment 3) and submitting a proposal to the City in response to this Request for Proposals, the Proposer hereby represents and certifies that:

A) No elected or appointed official, officer, or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or for any work connected with this proposal; should any agreement be approved in connection with this Request for Proposals (“Agreement”) no elected or appointed official, officer, or employee of the City, during the term of his/her service with the City, shall have any direct or indirect financial interest in the Agreement, or obtain any present, anticipated, or future financial interest or other material benefit arising therefrom;
B) No elected or appointed official, officer, or employee of the City shall have any financial interest, direct or indirect, in the Agreement nor shall any such official, officer, or employee participate in any decision relating to the Agreement which effects his/her personal financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of state law; C) The Proposer and its principals do not have now, nor shall it acquire any financial or business interest that would conflict with the performance of services under the Agreement; D) Proposer does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy related conditions, political affiliation or opinion, age or medical condition;
E) By submitting the response to this request, Proposer agrees, if selected, to furnish services to the City in accordance with this RFP;
F) Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them;
G) It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City; City of Laguna Hills

RFP FOR SOLID WASTE AND RECYCLING CONSULTING SERVICES

4.5.a
Packet Pg. 111 Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 52
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
H) The proposal response includes all of the commentary, figures and data required by this Request for Proposal.

I) The proposal shall be valid for 180 days from March 30, 2023.

I declare under penalty of perjury pursuant to the laws of the State of California and the United States that the foregoing facts are true and correct.

Executed this 30 day of March 2023, at Dana Point, California.

Name of Proposer: EcoNomics, Inc.

By:

Trevor Blythe, Vice President
March 30, 2023

4.5.a
Packet Pg. 112 Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 53
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals
ATTACHMENT 1.

NON-COLLUSION AFFIDAVIT
The undersigned represents and certifies that:

1. This Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation.

2. This Proposal is genuine and not collusive or sham.

3. The Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and has not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in sham proposal or to refrain from submitting to this RFP.

4. The Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Laguna Hills or of anyone interested in the proposed contract.

5. Proposer affirms that all statements contained in the Proposal and related documents are true and correct.

6. Proposer has not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

7. Proposer has not entered into any arrangement or agreement with any City of Laguna Hills public officer in connection with this proposal.

8. Proposer understands that collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.

I declare under penalty of perjury pursuant to the laws of the State of California and the United States that the foregoing facts are true and correct. Executed this 30 day of March, 2023, at Dana Point, California.
________________________________
Signature of Authorized Representative
Trevor Blythe
Name of Authorized Representative
Vice President
Title of Authorized Representative

4.5.a
Packet Pg. 113 Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 54
Proposal: Solid Waste and Recycling Consulting Services City of Laguna Hills’ Request for Proposals

4.5.a
Packet Pg. 114 Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 1

Solid Waste and
Recycling Consulting
Services – Schedule
of Compensation and
Fees

COMPENSATION

REVISED

4.5.a
Packet Pg. 115
Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 2

CONTENTS
A. SCHEDULE OF HOURLY RATES ................................................................... 3 B. PROPOSED 5 ‐YEAR BUDGET ...................................................................... 4

4.5.a
Packet Pg. 116 Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 3
A. SCHEDULE OF HOURLY RATES
Staff Category Hourly
Rate
Staff Areas of Expertise
President $235 William O’Toole
Project management, client interface,
strategy, contract management, council
presentations, CalRecycle compliance,
relevant industry analysis and projections
Legal $290 Cerene St. John
Legal review, contract amendment
drafting, contract analysis, legislation
tracking and interpretation, conforming
jurisdiction’s policies, procedures and
code with legislative requirements
Vice President $195 Christy Hurlburt
Financial and program analysis, diversion
program development and
implementation, performance monitoring,
operations analysis, project management,
client interface
Director $165 Linda Furbee
Hauler contract management, public
outreach, CalRecycle compliance
reporting, educational programs, waste
audits, cost‐saving diversion program
development, report analysis
Program
Implementation
Coordinator
$125 Ian Bevan, Valeria
Ferrufino
Strategic marketing, recyclable materials
market development and research,
research and analysis of developments in
recycling and food scrap implementation,
engagement of businesses in recycling
programs, CalRecycle reporting
Please note, EcoNomics included one (1) additional optional task that can be activated at the City’s discretion for contract years 1 and 2 to assist with new franchise implementation. Additional pricing information for this optional task is presented in the table below.

4.5.a
Packet Pg. 117 Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) EcoNomics, Inc. | Page 4
B. PROPOSED 5‐YEAR BUDGET

4.5.a
Packet Pg. 118 Attachment: Proposed Professional Services Agreement with Eco/Nomics, Inc. (3194 : Professional Services Agreement with Eco/Nomics, Inc.) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE:

TO:

FROM:

ISSUE:

June 13, 2023
Mayor and Council Members
Joe Ames, P.E., T.E.

Public Works Director/City Engineer
Award of Professional Services Agreement to WSP USA Environment and Infrastructure, Inc., for NPDES Program Management and Inspection Consulting Services
RECOMMENDATION: That the City Council: 1) Award a Professional Services Agreement to WSP USA Environment and Infrastructure, Inc., for NPDES Program Management and Inspection Consulting Services in the total maximum contract amount of $575,000 for an initial term of three years; and 2) Authorize the Mayor to execute the Agreement.

SUMMARY:

Pursuant to Laguna Hills Municipal Code Section 3-08.150, a formal competitive Request for Proposals (RFP) was issued for consultant services for National Pollutant Discharge Elimination System (NPDES) Program Management and Inspection Services to provide compliance assistance with the Municipal Separate Storm Sewer System (MS4) Permits issued to the City by the San Diego Regional Water Quality Control Board and the Santa Ana Regional Water Quality Control Board. Seven proposals were received by the due date and evaluated by a selection committee consisting of City staff. It was unanimously determined that the proposal of the WSP USA Environment and Instructure, Inc., was the best proposal and the firm was the best qualified for this engagement on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. City staff recommends the City Council approve the attached proposed Professional Services Agreement, including the attached proposal submitted by WSP USA Environment and Instructure, Inc., for NPDES

4.6 Packet Pg. 119
Professional Services Agreement for NPDES Program Management and Inspection Services
June 13, 2023

Page 2 ends

Program Management and Inspection Consulting Services, and authorize the Mayor to execute the proposed Agreement.

BACKGROUND:

Currently, the overall responsibility for day-to-day compliance with the City’s NPDES Program is assigned to the Assistant Engineer position and is overseen by the Public Works Director. The portion of the City north of El Toro Road is regulated by the Santa Ana Regional Water Quality Control Board under its Municipal Separate Storm Sewer System (MS4) Permit, while the portion south of El Toro Road is regulated by the San Diego Regional Water Quality Control Board under its MS4 Permit.

The City lies within three watersheds and two Regional Water Quality Control Boards:
the Newport Bay watershed (Santa Ana RWQCB), the Aliso Creek watershed (San Diego RWQCB), and the San Juan Creek watershed (San Diego RWQCB). Because the City must meet the regulatory requirements of both the Santa Ana and San Diego Regional Water Quality Control Boards and due to ever increasingly complex and more stringent reporting, programmatic, and inspection requirements, City staff recommends the retention of a qualified consultant to provide as-needed NPDES program management and inspection consulting services to provide program management assistance, and to provide technical expertise to assist City staff in complying with the NPDES MS4 Permits.

Both the Santa Ana and San Diego Regional Water Quality Control Boards are in the process of renewing the existing NPDES MS4 Permits. The City anticipates the Santa Ana RWQCB will honor a request from the City to allow the San Diego RWQCB to exclusively regulate only the programmatic elements of the City’s NPDES Program when the new MS4 Permits are adopted; however, even if the San Diego RWQCB agrees to this regulatory arrangement, it is anticipated the City of Laguna Hills will still be responsible for complying with Water Quality Based Effluent Limitations (WQBELSs) and Total Maximum Daily Load (TMDL) requirements promulgated by the Santa Ana RWQCB for the Newport Bay watershed.

While NPDES program management and inspection duties used to be performed inhouse on a part-time basis by most of the neighboring cities, most of the cities have transitioned to hiring a full-time staff member and/or retaining a qualified consultant to assist City staff. For example, the cities of Aliso Viejo, Laguna Niguel, and San Juan Capistrano have transitioned to use of a consultant to entirely manage the NPDES Program. The City of Rancho Santa Margarita used to have an engineering shared

4.6 Packet Pg. 120
Professional Services Agreement for NPDES Program Management and Inspection Services
June 13, 2023

Page 3 ends

services agreement with the City of Mission Viejo to help provide these services, but they have recently hired a full-time staff person to manage the NPDES Program. Based upon the Public Works Director’s knowledge, the cities of Dana Point, Laguna Beach, Lake Forest, Mission Viejo, and San Clemente have at least one full-time person dedicated to the NPDES Program. All of these cities also have consultants retained to assist in NPDES Program duties.

It is anticipated the selected consultant will support the City with a combination of meetings, both in-house and field, along with satellite services. The Department anticipates these consulting services can be accomplished within 20 hours per week with the selected firm. All work performed by the selected consultant firm will be invoiced on an hourly basis. This allows the Department to contract for more complex expertise than is currently available with in-house staff.

In accordance with the City’s Procurement Code, staff prepared and issued a formal competitive Request for Proposals (RFP) on February 8, 2023, for NPDES Program Management and Inspection Consulting Services. The City received seven (7) proposals by the due date of March 21, 2023, as follows:
• Charles Abbott Associates
• CWE Corporation
• EEC Environmental
• Fuscoe Engineering, Inc.
• Geosyntec Consultants
• John L. Hunter & Associates, Inc.
• WSP USA Environment & Infrastructure, Inc.

As part of the formal competitive selection process, an internal committee was assembled to independently evaluate the proposals. The committee was comprised of three City staff members. After independent evaluations were completed, the best qualified candidate firm was unanimously determined to be WSP USA Environment and Infrastructure, Inc., based upon their demonstrated competence and their professional qualifications (i.e., education, training, and experience).

WSP USA Environment and Infrastructure, Inc., is a consulting and engineering company with local offices in Costa Mesa and San Diego. The local office in Costa Mesa will provide staffing for this project. The firm’s principal-level staff currently provide similar services to the cities of Laguna Niguel and San Juan Capistrano.

4.6 Packet Pg. 121
Professional Services Agreement for NPDES Program Management and Inspection Services
June 13, 2023

Page 4 ends

The determination of WSP USA Environment and Infrastructure, Inc., as being the best qualified firm includes the acknowledgement of their staff’s requisite education, training, and experience and the following points:
1) The Principal-in-Charge, Project Manager, and Consultant staff have extensive experience doing the same work as requested in the RFP, including for two local South Orange County cities.
2) The Principal-in-Charge, Project Manager, and Consultant have a proven track record of completing deliverables on-time.
3) The Principal-in-Charge and the Project Manager formerly worked for the County of Orange on the NPDES Program, and the Public Works Director has extensive experience working with the Principal-in-Charge and the Project Manager when they provided guidance on the MS4 Permit’s compliance requirements. 4) Because the Principal-in-Charge, Project Manager, and Consultant currently provide service to neighboring cities, this generally will allow the chosen consultant to best and most efficiently provide service to the City in so far that attendance at meetings with the County, as the lead of the Orange County Stormwater Program, can be cost-shared amongst the cities.

Therefore, City staff recommends the City Council approve the attached proposed Professional Services Agreement, including the proposal submitted by WSP USA Environment and Instructure, Inc., for NPDES Program Management and Inspection Consulting Services, and authorize the Mayor to execute the proposed agreement.

FISCAL IMPACT:

The proposed 2023-2024 fiscal year budget includes $175,000 for NPDES Program Management and Inspection Consulting Services. The three-year total contract amount of $575,000 includes a contingency for unanticipated needs.

ATTACHMENTS:
• Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc.

4.6 Packet Pg. 122

PROFESSIONAL SERVICES AGREEMENT
WSP USA Environment and Infrastructure, Inc.
(NPDES Program Management and Inspection Consulting Services) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into, to be effective the 13th day of June 2023, 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 WSP USA ENVIRONMENT AND INFRASTRUCTURE, INC., a Nevada 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 retain the professional services of a qualified environmental protection and civil engineering consulting services firm for the purpose of assisting the City with NPDES program management and inspection services (the "Project").

B. In response to City's Request for Proposals, dated February 8, 2023, Consultant has submitted to City a proposal, dated March 21, 2023, to provide professional environmental protection and civil engineering consulting services to City for the Project pursuant to the terms of this Agreement.

C. Consultant represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, and technical expertise to provide professional NPDES program management and inspection consulting services to City for the Project and has agreed to provide such services as provided herein. City does not have the personnel, training, or specialized technical expertise necessary to perform the work and services contracted for herein.

D. City desires to retain Consultant to provide such professional consulting services for the Project.

1. AGREEMENT

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 provide and perform the professional NPDES program management and inspection consulting services to City for the Project as set forth in the Proposal/Scope of Work, dated March 21, 2023, which is attached hereto as Exhibit "A" and is 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, 1 1771062.l

4.6.a
Packet Pg. 123 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services 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.

1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Consultant's signed, original Proposal/Scope of Work dated March 21, 2023 ("Consultant's Proposal") submitted to City; and (3) City's 4-page Scope of Services Description, which shall all be referred to collectively hereinafter as the "Contract Documents." The Consultant's Proposal is attached hereto as Exhibit "A" and is hereby incorporated by reference and made a part of this Agreement. The City's 4-page Scope of Services Description is attached hereto as Exhibit "B" and is hereby incorporated by reference and made 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: (1 st
) the terms and conditions of this
Agreement; (2
nd
) the terms and conditions of City's 4-page Scope of Services Description (Exhibit "B"); and (3rd) the provisions of the Consultant's Proposal (Exhibit "A").

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 2 1771062.J

4.6.a
Packet Pg. 124 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services 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. If the Services involve work upon any site, Consultant represents and maintains that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.

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 Consultant's Proposal/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. 3 1771062.1

4.6.a
Packet Pg. 125 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services

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, including authorized reimbursements, on a time and materials basis in accordance with the professional hourly 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 Five Hundred Seventy Five Thousand Dollars ($575,000.00) (hereinafter referred to as the "Maximum Contract Amount"). The method of compensation shall be as set forth in Exhibit "A". Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation/Fees. 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 (10
th
) 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 Optional CPI Adjustment. The fees, rates, and/or unit prices set forth in Consultant's Proposal (Exhibit "A") shall remain fixed and unchanged for the first three years of the term of this Agreement (i.e., from June 13, 2023 through June 30, 2026). Thereafter, Consultant may submit a request to adjust its fees, rates, and/or unit prices once per year during the remainder of the term of the Agreement as provided for herein. However, approval of any request to adjust Consultant's fees, rates, and/or unit prices as set forth herein shall be made at the sole discretion of the City Manager, in writing, and is subject to the City's approved budget.

Such fee, rate, and/or unit pricing adjustment(s), if any, shall not exceed the value of the change in the Consumer Price Index for the Los Angeles/Orange County area for the preceding one year as published for the month of April of any given year. In no event shall any adjustment of any fee, rate, and/or unit pricing as authorized by this section exceed five percent (5%) per year regardless of CPI or any other cost factors.

2.4 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 4 1771062.l

4.6.a
Packet Pg. 126 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services 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.

3. SCHEDULE OF PERFORMANCE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed, or on each task order, if applicable, and shall perform all Services within the time period(s) established in the Schedule of Perfonuance, which is attached hereto as Exhibit "A" and is incorporated herein by reference.

3.3 Force Maieure. 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, pandemics, 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 detenuination 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 !£all. Unless earlier tenuinated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for an initial period of three (3) years, commencing on June 13, 2023, and ending on June 30, 2026 ("Initial Tenn''). The City shall have the unilateral option, at its sole discretion, to renew and extend the term of this Agreement 5 1771062.l

4.6.a
Packet Pg. 127 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services for no more than one additional two (2) year term ("Renewal Term").

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 to make all decisions in connection therewith: Theodore Von Bitner, Ph.D., Assistant Vice President/ Environmental Scientist. 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.

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. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written 6 1771062.l

4.6.a
Packet Pg. 128 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City.

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 Services 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 collllection 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 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.
7 1771062.1

4.6.a
Packet Pg. 129 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services 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.

5. INSURANCE

Consultant shall not commence any Work or Services wider 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.

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 8 1771062.l

4.6.a
Packet Pg. 130 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services 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.

D. Professional Liability (Errors & Omissions) Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, a policy of Professional Liability or Errors and Omissions Insurance appropriate to Consultant's profession with limits of at least two million dollars ($2,000,000.00). Covered professional services shall specifically include all Work or Services to be performed under the Agreement and delete any exclusions that may potentially affect the Work or Services to be performed under this Agreement.

1. The policy shall be endorsed to provide the following: Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must "pay on behalf of' the insured and include a provision establishing the insurer's duty to defend.

2. If the policy of insurance is written on a "claims-made" basis, the City may require that the policy be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Work or Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing the Work or Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City.

3. In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Work or Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Work or Services under the terms of this Agreement.
9 1771062.1

4.6.a
Packet Pg. 131 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services

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 AM. Best rating drops below the levels specified herein.

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:

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 10 1771062.1

4.6.a
Packet Pg. 132 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services as they would have been protected had the policy or policies not contained a deductible or selfinsured retention.

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 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.

5.10 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. 11 1771062.l

4.6.a
Packet Pg. 133 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services

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:

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.

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.
12 1771062.1

4.6.a
Packet Pg. 134 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services 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 and hold the City, its elected and appointed officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments, arbitration awards, settlements, damages or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death, (collectively "Claims") in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officers, directors, employees, subcontractors, consultants or agents, in connection with Consultant's performance under this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent that the Work or Services performed by Consultant are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 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. Notwithstanding the foregoing, such obligation to defend, hold harmless, and indemnify the City, its elected and appointed officials, officers, employees, agents, and volunteers, shall not apply to such claims or liabilities arising from the sole or active negligence or willful misconduct of City.

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.

For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, teclmiques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the 13 1771062.1

4.6.a
Packet Pg. 135 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

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

8.2 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 14 1771062.l

4.6.a
Packet Pg. 136 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services terms of this Agreement are contractual and the result of negotiation between the Parties.

8.4 Default of Consultant.

A. Consultant's failure to comply with any provision of this Agreement shall constitute a default.

B. If the City Manager, or City Manager's designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.3.

C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section

4.6.a
Packet Pg. 137 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services

8.8 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, expert witness 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

9.3 Covenant Against Discrimination. In connection with its performance under 16 1771062.1

4.6.a
Packet Pg. 138 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services 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 Patent and Copyright Infringement.

A. To the fullest extent permitted by law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the perfonna:nce of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly :notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the alleged negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.

B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant's consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.

4.6.a
Packet Pg. 139 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services To City:

To Consultant:

City of Laguna Hills
Attention: City Manager
24035 El Toro Road
Laguna Hills, California 92653
Telephone: (949) 707-2600
WSP USA Environment and Infrastructure, Inc.

Pete Campbell, Senior Vice President
Theodore Von Bitner, Ph.D., Assistant Vice President
9177 Sky Park Court
San Diego, California 92123
Telephone: (858) 514-6401
(949) 642-0245

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.

10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees.

10. 7 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.

4.6.a
Packet Pg. 140 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services violate any provision of any other Agreement to which the Party for which he/she is signing is bound.

10.9 Labor Code Requirements.

The foregoing indemnity shall survive termination of this Agreement.

10.10 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
19 1771062.1

4.6.a
Packet Pg. 141 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services 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

JANINE HEFT,
Mayor
ATTEST:
(SEAL)
JENNIFER LEE, City Clerk
APPROVED AS TO FORM:

GREGORY E. SIMONIAN,
City Attorney
"CONSULTANT"
WSP USA Environment and
Infrastructure, Inc., a Nevada corporation
20 1771062.1

4.6.a
Packet Pg. 142 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services EXHIBIT "A"

CONSULTANT'S PROPOSAL/ SCOPE OF WORK
FOR

NPDES PROGRAM MANAGEMENT AND INSPECTION SERVICES
DATED: MARCH 21, 2023

SCOPE OF SERVICES FOR PROJECT

INCLUDING,

SCHEDULE OF PERFORMANCE
AND

SCHEDULE OF COMPENSATION/ FEES
1771062.1

4.6.a
Packet Pg. 143 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Technical Proposal: ORIGINAL
City of Laguna Hills
NPDES Program Management and Inspection Services
March 21, 2023
Joe Ames
Public Works Director
24305 El Toro Road
Laguna Hills, CA 92653

4.6.a
Packet Pg. 144 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Table of Contents

1. Cover Letter.................................................................................................................................................................................................. 2

2. Company Data ...........................................................................................................................................................................................4

3. Resumes and Qualifications of Personnel ...............................................................................................................................8

4. References ....................................................................................................................................................................................................9

5. Project Understanding, Overview and Approach.............................................................................................................10

6. Communication Plan...........................................................................................................................................................................23

7. Compensation/Payment Schedule ............................................................................................................................................23

8. Certificate of Insurance ......................................................................................................................................................................23

9. Certification of Proposal.....................................................................................................................................................................23 Appendix A: Required Forms
Appendix B: Resumes

4.6.a
Packet Pg. 145 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Proposal
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 2 A. Cover Letter
March 21, 2023
Joe Ames, Public Works Director
City of Laguna Hills
24305 El Toro Road
Laguna Hills, CA 92653
Subject: Proposal for NPDES Program Management and Inspection Services Dear Mr. Ames,
WSP USA Environment & Infrastructure, Inc. (WSP) would like to thank you for the opportunity to submit a proposal for NPDES Program Management and Inspection Services for the City of Laguna Hills.

The attachment to this cover letter provides a summary of WSP’s qualifications to provide the services outlined in the RFP. We have successfully delivered similar projects for many other Orange County cities and are an active participant in the Orange County Stormwater Program helping to guide countywide efforts to comply with NPDES requirements.

From commercial/industrial inspection services, to Water Quality Management Plan (WQMP) review and post-construction BMP inspections, to statewide Trash Amendments compliance plan development and OCTA M2 Tier 1 grants acquisition, to water pollution response and source investigations we have
implemented all aspects of local agency stormwater programs and have experience with program implementation under both the Santa Ana and San Diego Region Phase I Municipal Separate Storm Sewer System (MS4) permits.

WSP is a global leader in consulting and engineering across the energy and built environment. We provide consulting, projects, and operations solutions in more than 60 countries, and employ approximately 40,000 people. WSP’s southern California offices are staffed by more than 400 professional planners, biologists, and scientists. Our Costa Mesa, CA office is only 15 miles from Laguna Hills City Hall and has been designated as the project management location for this contract.

The proposed key team members, as well as numerous other staff members within our organization will be immediately available to perform the described program management and inspection services.

Theodore (Ted) W. Von Bitner, who will serve as the Principal-in-Charge, and Kacen Clapper, proposed Project Manager, are authorized to negotiate a binding contract on behalf of WSP and the parties named in this proposal. Our corporate office and local addresses and the primary point of contact during the evaluation process are listed in Table 1.

The WSP Team Advantage:
✓ Local team with decades of
experience led by a proven
Project Manager
✓ Environmental compliance is our
core capability
✓ Decades of successful on-call
contract service history
✓ Proven methodology
✓ Commitment to QA/QC
✓ Knowledge of local environment
3560 Hyland Avenue
(949) 642-0245
wsp.com

4.6.a
Packet Pg. 146
Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Proposal
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 3 Table 1 – WSP Contact Information
Legal Name & Corporate Office Main Point of Contact
WSP USA Environment & Infrastructure, Inc.
1075 Big Shanty Road NW, Suite 100,
Kennesaw, GA 30144
Kacen Clapper, Project Manager
3560 Hyland Avenue, Suite 100,
Costa Mesa, CA 92626
Direct: 714-624-2722
[email protected]

PROFESSIONAL SERVICES AGREEMENT STATEMENT & ADDENDUM ACKNOWLEDGEMENT WSP declares that we have reviewed and are ready to execute the City’s standard form Professional Services Agreement (Attachment 4) and acknowledge receipt of all RFP addenda.

ACQUISITION NOTICE
Effective September 21, 2022, Wood Environment & Infrastructure Solutions, Inc. was acquired by WSP. Because of the acquisition, we have changed our name to WSP USA Environment & Infrastructure Inc. No other aspects of our legal entity or capabilities have changed for this proposal, including our Federal Tax ID, which remains 91-1641772.

MAIN POINT OF CONTACT
Should you have any questions regarding either the scope of work or our fee schedule, Kacen Clapper will be your primary point of contact. Correspondence can be sent to him at our address listed below or he may be contacted at (714) 624-2722 or at his email address is [email protected].

Sincerely,
WSP USA Environment & Infrastructure, Inc.

Theodore Von Bitner, PhD Kacen Clapper, CPSWQ
Principal-In-Charge Project Manager

4.6.a
Packet Pg. 147
Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Proposal
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 4 B. Company Data
Official Name and Address
WSP USA Environment and Infrastructure, Inc. (WSP)
Corporate Headquarters: 1075 Big Shanty Road NW, Suite 100, Kennesaw, GA 30144 Primary Point of Contact
Pete Campbell, Senior Vice President and California Business Lead.

San Diego Office, 9177 Sky Park Court, San Diego CA, 92123 Entity Type
Corporation
Federal Employer ID Number
91-1641772
Firm Locations Contact Information
We’ve provided the address, telephone numbers and authorized email addresses of each of our California office locations in Table 1. Additional locations are available upon request.

Table 1: WSP California Office Locations
Office Address Telephone Numbers Email Address
3560 Hyland Avenue, Suite 100,
Costa Mesa, CA 92626
(949) 642-0245 [email protected]
1281 East Alluvial Avenue, Suite 101,
Fresno, CA 93720
(559) 264-2535
6001 Rickenbacker Road,
Los Angeles, CA 90040
(323) 889-5300
180 Grand Avenue, Suite 1100,
Oakland, CA 94612
(510) 663-4100
3120 Chicago Avenue, Suite 110,
Riverside, CA 92507
(951) 369-8060
9177 Sky Park Court,
San Diego, CA 92123
(858) 278-3600
5 Third Street, Suite 222,
San Francisco, CA 94103
(415) 543-8422
104 West Anapamu Street, Suite
204A, Santa Barbara, CA 93101
(805) 962-0992
Firm Ownership Statement
WSP USA Environment and Infrastructure, Inc. is a wholly-owned subsidiary of WSP USA Inc., Our ultimate parent organization is WSP Global, Inc.

Number of Years in Business (Under Present Name)
WSP has extensive experience providing the type of services requested by the City for this contract. Over the past 35 years, WSP’s project team provided similar or identical services to a variety of clients within southern California including the cities of Laguna Niguel, Laguna Beach, Dana Point, San Juan Capistrano, San Clemente, Anaheim, Santa Ana, Costa Mesa, Seal Beach, Newport Beach, Buena Park, Garden Grove, Irvine, Newport Beach, San Diego, Encinitas, Oceanside and Imperial Beach; the counties of Orange, Riverside, San Diego, San Bernardino, Los Angeles; the Ports of San Diego, Long Beach, and Los Angeles; John Wayne Airport, San Diego County Regional Airport Authority, and the California Department of Transportation. Our experience with these clients has included many aspects of the environmental services elements related to this RFP.

4.6.a
Packet Pg. 148 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Proposal
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 5 Years of Experience Providing Required, Equivalent and Related Services Table 2 lists project experience covers numerous examples of the projects similar in scope, complexity, and regulatory compliance implications as would be expected by the City.

Table 2: The WSP Team’s Local Experience
and Strong Qualifications Match the
Contract Needs
LIP/JRMP UpdatesProgram ManagementTraining and AuditsCopermittee MeetingsPermit Renewal SupportMonitoring ProgramsThird-party ReportsJRMP/WQIP IntegrationResource Impact AssessmentMS4 Permit RenewalTMDL DevelopmentsTrash Amendments PolicyProposed New RegulationsGrant ApplicationsData Compilation and Analysis JRMP/WQIP Reporting
Financial AnalysisWQIP strategies
Client (WSP Partners) MS4 Permit
Compliance WQIP Support Regulatory Compliance Reporting City of Laguna Niguel • • • • • • • • • • • • • • • • • City of Dana Point • • • • • • • • • • • • •
City of Laguna Beach • • • • • • • • • • • • • • • • •
City of San Juan Capistrano • • • • • • • • • • • • • • • • • City of San Clemente • • • • • • • • • • • • • • • • • • City of Anaheim • • • • • • • • • • • • •
City of Santa Ana • • • • • • • • • • • • • • • •
City of Costa Mesa • • • • • • • •
City of Garden Grove • • • • •
John Wayne Airport • • • • • • • • • • • • • • •
City of San Diego • • • • • • • • • • • • • • • • •
City of Imperial Beach • • • • • • • • • • • • • •
County of San Diego • • • • • • • • • • • • •
San Diego Regional Airport Authority • • • • • • • • • • • • • • • • •

4.6.a
Packet Pg. 149
Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Proposal
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 6 Laguna Niguel Urban Runoff Improvement Program
Laguna Niguel, CA
Project Description: Stormwater Compliance Services
WSP Scope of Work: WSP has provided Storm Water Compliance technical support to the City’s Public Works Department since 2016 including serving in an Environmental Programs management role for the City since June 2021. Through this experience we have developed insights into daily program activities and important areas of support need. Building on this knowledge our work plan approach is based on key service areas:

1. Program Management

2. Program Implementation

3. TMDL and WQIP Technical Consultation

4. Meeting Support and Public Education

5. Project Planning and Grant Administration

6. Program Reporting

7. WQIP Focused Special Studies
In the past years of service to the City, WSP staff supported a number of efforts that provide high profile recognition to the City and its commitment to environmental programs. In 2022, the City received a Best Award from the American Public Works Association related to the Salt Creek Wetland Mitigation Project.

In 2020, WSP started a dry weather flow reduction special study for the City to address WQIP-related goals and this work has led to successfully reducing dry weather flows into the MS4 in support of the Unnatural Water Balance and Pathogen Health Risk High Priority Water Quality Conditions Agency or Client Name Project Developer Construction
Cost
Project Size
City of Laguna Niguel, Public Works
Department
Kathy Nguyen, Program
Manager
Not Applicable $383,000 over 5 years
Key Personnel (Including Project Manager) Task Relevancy Kacen Clapper (Project Manager), Theodore Von
Bitner (Principal), Brent Smith, Mike Lowther, Ellen
Smith, Lijun Xi
Similar in scope, size, and complexity to City’s
RFP
San Juan Capistrano Jurisdictional Runoff Management Program San Juan Capistrano, CA
Project Description: NPDES Program Implementation
WSP Scope of Work: WSP has provided NPDES program implementation services to the City’s Public Works Department since 2014 including a wide range of services including program management; performing inspections of commercial, industrial, residential, municipal, and construction properties; preventing illegal discharges/illicit connections; providing WQMP plan check services; developing each phase of the Water Quality Improvement Plans (WQIP); and providing TMDL implementation support.

Our approach is based on six key service areas:

1. Program Management

2. Program Implementation and Technical Advisory

3. Compliance Inspections

4. Meeting Support and Public Education

5. Project Planning and Grant Administration

6. Program Reporting
Performance Dates
2016 to Present
On-Time Within Budget
✓ ✓
Performance Dates
2014 to Present
On-Time Within Budget
✓ ✓
1 2
WSP performs municipal
BMP inspections at City
owned property.

WSP investigates public
complaints such as an oil
spill by private property
owners and helps the City to
enforce the IC-ID regulations
in the municipal code.

4.6.a
Packet Pg. 150 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Proposal
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 7 WSP supported the City through the 2015 permit adoption including development of their jurisdictional strategies incorporated into the June 2018 Water Quality Improvement Plan. In 2022, WSP successfully helped the City to receive an OCTA Environmental Clean Up program grant award intended to support the Trash Amendments program
Agency or Client Name Project Developer Construction
Cost
Project Size
City of San Juan Capistrano, Public Works
Department
Joe Parco, City
Engineer
Not Applicable $130,000 per year
Key Personnel (Including Project Manager) Task Relevancy Theodore Von Bitner (Project Manager), Kacen
Clapper, Brent Smith, Mike Lowther, Tom Perry, Sarah
Seifert, and Teresa Perone
Similar in scope, size, and complexity to City’s
RFP
Santa Ana Inspection and NPDES Program Support Services Santa Ana, CA
Project Description: Regulatory compliance inspections, NPDES program support, and as-needed services
WSP Scope of Work: WSP supports the City of Santa Ana with a range of technical services related to the Santa Ana Regional Water Quality Control Board issued MS4 permit including:

1. Commercial, Industrial, and Municipal Inspections

2. Inspection database management

3. WQMP verification and O&M inspections

4. Trash Amendments policy Track 1 program

5. Newport Bay TMDL technical advisory services

6. PEA annual reporting assistance

7. As-needed services including environmental engineering, storm water sampling, Copermittee meetings, grant application assistance, and source investigations
Since 2004, WSP has been supporting the City with the NPDES program but our services to the City have evolved over the years as the MS4 permit requirements grew in complexity and volume. Ours services started with the commercial-industrial inspection program and evolved into additional subjects such as municipal facilities, WQMPs, Trash Provisions, TMDL regulatory support, public complaint investigations, and for a short period of time included serving as the interim NPDES Program Manager. WSP is a full service consulting firm that can help the City respond to a variety of regulatory, engineering, and program management issues.

Agency or Client Name Project Developer Construction
Cost
Project Size
City of Santa Ana Public
Works Administration
Craig Foster Not Applicable $1.625M over 5 years
Key Personnel (Including Project Manager) Task Relevancy Brent Smit (Project Manager), Kacen Clapper, Mike
Lowther, Ted Von Bitner, Dylan Cawthorne, Ellen Smith,
Michael Jones, Martin Spongberg
Similar in scope, size, and complexity to City’s
RFP
Performance Dates
2004 to Present
On-Time Within Budget
✓ ✓
3 WSP performed thousands
of commercial inspections
with zero safety incidences
and has a record of success
for providing high quality
work

4.6.a
Packet Pg. 151 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Proposal
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 8 All Comparable Contracts Entered Into During the Last Five Years (Completed or Not) WSP is a large international company and thus, has numerous ongoing and completed contracts at any given time. For the purposes of this proposal, we have provided the following local, relevant, and comparable contracts:

Any Failures or Refusals to Complete a Contract and Explanation WSP is a large international services company and as such, there are inevitably disputes arising from time to time. While details of those disputes are confidential, we can confirm that there are no disputes or litigation of any kind, that individually or collectively, will have a material effect upon the quality of WSP’s performance and its ability to provide services for this contract.

Ownership
WSP Environment and Infrastructure Inc.’s ultimate parent WSP Global Inc. is a Canadian corporation publicly traded on the Toronto Stock Exchange.

Financial Interests in Other Lines of Business
WSP Environment and Infrastructure, Inc. does not have any financial interests in other lines of business.

Litigation/Adverse Judgement History
WSP is a large international services company and as such, there are inevitably disputes arising from time to time. While details of those disputes are confidential, we can confirm that there are no disputes or litigation of any kind, that individually or collectively, will have a material effect upon the quality of WSP’s performance and its ability to provide services for this contract.

Termination of Contract “For Cause” History
WSP USA Environment and Infrastructure, Inc. has thousands of contracts for the performance of professional services outstanding at any given moment in time. Please be advised it would be unusual for WSP to fail to complete a project. From time to time, the client or WSP has suspended or terminated a contract for their convenience.

C. Resumes and Qualifications of Personnel
WSP USA realizes that the success of a project relies heavily on the individual team members’ capabilities and experience. WSP USA’s team includes certified, experienced planners and seasoned professional engineers, resource specialists, and managers with decades of experience in Southern California. Our key personnel for this assignment were selected because they have demonstrated a successful track record with the service areas requested by the City. WSP USA’s key personnel are qualified to perform the specific consulting services requested by the City.

Personnel Staffing Plan
Staff Availabilities to Perform Technical Services to be Provided We have provided our key personnel availability and location/proximity to the City in Table 2.

Table 2: Key Personnel Commitment and Availability
Key Personnel Contract Role Availability Location
Theodore Von Bitner Principal-In-Charge and Technical Lead (TMDLS, Trash Amendments, Special Studies)
10% Costa Mesa
Kacen Clapper Project Manager and Technical Lead (Program Meetings, NPDES Planning, MS4 Reporting, CIP
Water Quality Planning, Outreach
Materials/Events, Illegal Discharges/Illicit
Connections)
30% Costa Mesa
Brent Smith Technical Lead (SWPPP/ESCP Review,
Construction BMP Inspections, NPDES Training
and CIP Grants)
5% Costa Mesa

4.6.a
Packet Pg. 152 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Proposal
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 9 Table 2: Key Personnel Commitment and Availability
Key Personnel Contract Role Availability Location
Keri Gannon, PE Technical Lead (WQMP Reviews) 10% San Diego Mike Lowther Technical Lead (WQMP and Facility BMP
Inspections)
10% Costa Mesa
Resumes
Resumes for key personnel are provided in Appendix B for key personnel.

Organizational Chart
WSP USA’s organization chart (Figure 4) reflects the titles of key staff and management contacts of each individual assigned to provide services under this proposal. The organization chart identifies the resources we use to provide consulting services to federal, state, and local agencies and special use districts. Our team has successfully implemented the contract scope of work on similar assignments in each of the service areas identified by the City.

Organization Chart
Staff Transition Plan. We understand and concur with the City’s requirement that key personnel identified in the Organizational Chart remain during the term of the agreement and any proposed replacement requires City approval prior to making the staff change. In the event that there are proposed changes in

4.6.a
Packet Pg. 153 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Proposal
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 10 key personnel during the term of the agreement that are outside of our firm’s control or if the City requests such change.

D. References
In Table 3, we have provided references for similar services of the nature and scope as set forth in the RFP within the last five years.

Table 3: WSP References Within the Last Five Years
Agency Name Contact Person Description of Services Provided City of Laguna
Niguel
Kathy Nguyen
Engineering Services Manager
949-362-4341
[email protected]
Program Management, Meeting Support,
Technical Advisor (Bacteria TMDL, Trash
Amendments Planning), Special Studies,
Grant Administration, Plan Check Services,
Wetlands Program Management,
LIP/WQIP Annual Reporting
City of San Juan
Capistrano
Jeremy Hohnbaum
Senior Civil Engineer
949-449-1190
[email protected]
Program Management, Meeting Support,
Technical Advisor (Bacteria TMDL, Trash
Amendments Planning, CHWSRS), Special
Studies, Grant Administration, WQMP Plan
Check Services, LIP/WQIP Updates, ICID
Investigations, Annual Reporting
City of Santa
Ana
Craig Foster
NPDES Manager
714-647-5659
[email protected]
NPDES Compliance Services:

Industrial/Commercial Facility Inspections,
Trash Amendments Planning, TMDL
Compliance, illegal discharges and illicit
connections, Annual Reporting
City of Dana
Point
Lisa Zawaski
Senior Water Quality Engineer
949-248-3584
[email protected]
Bacteria TMDL Program, LIP and WQIP
Special Studies, Water Quality Regulations,
Trash Amendments Planning
E. Project Understanding, Overview and Approach
WSP has a proven track record of providing high-quality, efficient services for NPDES program management and inspection services for cities and counties throughout southern California. We have provided Phase I Municipal Separate Storm Sewer System
(MS4) permit compliance consulting services for over 21 years under both the San Diego Regional MS4 permit and Santa
Ana Orange County MS4 permit. We also have extensive
experience implementing relevant state-wide general
permits (i.e., Construction General Permit (CGP) and
Industrial General Permit (IGP)), in land development water quality management plan (WQMP) development and review,
facility construction and post-construction BMP inspections, and have led countless pollutant source investigations and special studies. As some of these services may be more
efficiency completed at the City’s Public Works offices, WSP proposes to provide these services to the City through a combination of on-site and remote support. Our Costa Mesa office is located only 15 miles from City Hall, allowing us to be available on very short notice. In addition to on-call on-site support, WSP can also provide regularly scheduled in-person support staff at City offices to further improve the efficiency of our services. Our understanding of the scope and the Our approach to providing NPDES
Program Management and
Inspection Services to the City is
based on the following service areas:

1. Program Administration

2. Compliance Planning

3. Program Funding

4. Training

5. Capital Projects and Programs

6. Planning and Land Development

7. Construction

8. Industrial/Commercial and
Municipal Facility Inspections

9. Investigations

10. Public Outreach

11. Reporting and Record Keeping

4.6.a
Packet Pg. 154 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Proposal
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 11 envisioned methods for providing technical support under each service area is described in the following sections.

Program Administration
NPDES regulations continue to evolve and municipal programs need to adapt accordingly. Tracking changes, their potential implications to existing City programs, and the development and implementation of new jurisdictional runoff management programs is an important component of program administration. Active participation in Orange County Stormwater Program committees and subcommittees is the foundation for these efforts in Orange County. As lead permittee, the County of Orange coordinates and implements these committees which drive watershed planning and improvement plan development, model program development, and monitoring and reporting programs through a Copermittee cost share budget. It is vital that the City has a voice at these committee meetings to help influence program development and changes. It is also important that City staff are aware of new regulations and mandates, and updates to model programs. WSP staff already attend many Orange County Stormwater Program committee meetings on behalf of other clients and have been directly involved for over a decade in a variety of aspects of watershed planning, model plan development, and monitoring efforts both as a consultant and directly as former County staff. Our proposed project manager, Kacen Clapper, was also a recent co-chair of the California Stormwater Quality Agency (CASQA) Policy and Permitting subcommittee and has been at the forefront of tracking precedent setting changes in NPDES regulations that may impact municipalities throughout California, including the draft Los Angeles Region commercial, industrial and institutional permit (CII Permit) and San Diego Region biological objectives.

WSP expects to provide the following areas of support as part of its Program Administration services to the City:
▶ Attend and represent the City at various Orange County Stormwater Program and regulatory compliance meetings
▶ Monthly program update meetings to brief City staff on changing mandates and regulations and new technologies in program implementation
▶ Coordination with City departments regarding NPDES Program issues including pollution incident investigations and public and private property development and usage ▶ Efforts to evaluate and improve NPDES Program policies and procedures ▶ Program budget and cost estimate preparation
▶ Navigating the budget development and approval process including City council staff reports ▶ Implementing and tracking program expenditures
▶ Monthly progress reports to accompany WSP invoices for services Our Program Administration services will include three 2-hour Orange County Stormwater Program and regulatory compliance meetings per month. Monthly 1-hour program update meetings to City staff, general project management and monthly progress reports, and 3-hours per month of additional asneeded technical assistance and help desk support to City staff regarding NPDES Program compliance.

Compliance Planning
The WSP team has extensive experience implementing regulatory-based environmental programs and managing NPDES Program compliance including Water Quality Improvement Plan (WQIP) development, Total Maximum Daily Load (TMDL) compliance planning, Track 1 and Track 2 plan development under the statewide Trash Amendments, and project implementation through the Integrated Regional Water Management (IRWM) planning process. As both the Santa Ana and San Diego Phase I MS4 permits are in the process of renewal it is expected there will be increased compliance planning related efforts needed during both the permit renewal process and to development and revise planning related documents to meet new permit requirements. It is our understanding that the City of Laguna Hills submitted a request to the Santa Ana Regional Water Quality Control Board to have the San

4.6.a
Packet Pg. 155 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Proposal
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 12 Diego Regional Water Quality Control Board exclusively regulate the programmatic elements of the City’s NPDES Program when the next term Phase I MS4 permits are adopted. As there remains uncertainty in when this change will be officially granted, and it is anticipated that the City will still be responsible for complying with Water Quality Based Effluent Limitations (WQBELs) and TMDLs requirements for the Newport Bay watershed, WSP’s proposed approach for Compliance Planning services assumes the continued need for support under both permits.

WSP staff have been involved since initial development of the South Orange County WQIP in 2015 and currently assist several south Orange County cities with providing comments on WQIP documents, completing WQIP jurisdictional strategy table updates, and BMP data entry within the web-based BMP asset and modeling tool, OC Stormwater Tools. A key component of the WQIP includes compliance with the Beaches and Creeks Bacteria TMDLs. New significant milestones for the bacteria TMDLs are anticipated in the coming year as a revised tentative bacteria TMDL Time Schedule Order (TSO) was released in December 2022 and may be adopted in 2023. WSP’s proposed Project Manager, Kacen Clapper helped the South Orange County Copermittees, to develop the original bacteria TMDL Comprehensive Load Reduction Plans and has been actively involved in comment development on the draft TSO and in state efforts to identify technical and regulatory actions needed to initiate revisions to current bacteria-based objectives.

In 2018, the San Diego Regional Board issued a California Water Code section 13383 administrative order to south Orange County cities to select either a Track 1 or Track 2 pathway for compliance with new statewide Trash Amendments. In response WSP developed Track 2 compliance plans for four Orange County cities and is currently assisting four additional cities with Track 1 compliance planning and implementation. WSP also led countywide efforts to draft a land substitution guidance document to assist with compliance with the new regulations. We have also assisted several Orange County cities with improving the accuracy of modeled land use trash generation rates (TGRs) through on-land visual trash assessment (OVTA) surveys and have now conducted over 1,800 OVTAs to refine TGRs and compliance plan targets largely resulting in notable cost saving to clients.

The South Orange County IRWM Plan is an important component to identifying and securing funding for significant water resources related projects within the region. WSP has assisted clients with grant implementation through the IRWM process and is currently working as a local city representative with water agencies such as the Moulton Niguel Water District to identify and plan potential future multi benefit stormwater capture and reuse projects.

In north Orange County WSP has also been involved with compliance planning efforts under the Santa Ana Region Orange County MS4 Permit. Efforts have included support to local clients in representing their interests in Newport Bay Watershed TMDL program planning, statewide Trash Amendments program planning, IRWM program efforts, and providing overall regulatory compliance and program guidance.

Our Compliance Planning services to the City include efforts under both the Santa Ana and San Diego MS4 permits. Areas of expected support to the City include:
▶ Preparing City comments on Orange County Stormwater Program developed planning documents and materials
▶ Preparing City comments on Regional Board issued orders ▶ Participation in WQIP Comprehensive Human Waste Source Reduction Strategy (CHWSRS) program planning and implementation on behalf of the City ▶ Managing implementation of the WQIP high priority water quality condition initiatives including City specific jurisdictional strategies such as a MS4 outfall dry weather flow reduction ▶ Statewide Trash Amendments policy program implementation and compliance assessment ▶ Newport Bay watershed TMDLs implementation efforts and compliance assessment

4.6.a
Packet Pg. 156 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Proposal
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 13 Our services will include 8 hours/month in support of Compliance Planning services as defined in the RFP.

Special studies targeting bacteria and flow reductions or Trash Amendments related OVTAs are anticipated to require additional work and would pursue as task cost savings is presented and at the direction of the City’s project manager.

Program Funding
The South Orange County WQIP includes an overall goal that runoff from >9,000 acres of existing impervious surface area will be addressed through structural storm water BMPs (e.g., biofiltration basins, treatment wetlands, storm water capture and reuse, etc.) and goals for stream restoration and stabilization to mitigate past impacts from land development. The statewide Trash Amendments have additional requirements for trash capture for priority land use areas and Watershed Management Plans are currently being developed for north Orange County they will likely bring additional project-based water quality improvement goals. Laguna Hills, like many south Orange County cities, may wish to seek grants to help fund its stormwater related CIP projects. WSP understands projects may include a mixture of Federal, State, and Local funds. Over the past 21 years, we have assisted with obtaining grants, performing administrative and technical tasks required of the grants, and developing reports compliant with stringent grant funding requirements. We have assisted with Proposition 84, the Clean Water State Revolving Fund, and Measure M funded projects, and Proposition 1 Stormwater projects. Recently, WSP helped several Orange County cities secure multiple OCTA M2 Tier 1 grants to install catch basin trash capture screens to help meet statewide Trash Amendment requirements.

As part of WQIP implementation every south Orange County city is now being asked to identify additional potential projects within their jurisdiction and explore funding opportunities. WSP can provide support to the City in all aspects of project planning and grant administration to ensure program funding initiatives.

Areas of expected support to the City in Program Funding include:
▶ Initial CIP stormwater project scoping and analysis
▶ Grant application preparation
▶ Potential multi agency coordination, memorandum of understanding and contract development, and cost share agreement preparation
▶ Grant administration and budget oversight
▶ Grant related monitoring and reporting
Our services in support of this task will include 20 hours/year in support of Program Funding services as defined in the RFP.

Training
WSP staff have been providing NPDES training services in southern California for several decades, for industrial facilities since 1998, airports since 2003, and other construction contractors and municipal clients since 2012. Several local WSP staff are Industrial General Permit Trainers of Record (IGP ToR) and have trained WSP and client staff to become certified Qualified Industrial Storm Water Practitioners (QISPs). WSP training presentations provided for municipal, industrial, and construction target audiences typically provide an overview of relevant NPDES permit requirements, common issues, and BMPs that should be implemented. We have conducted annual NPDES MS4 trainings for other clients and can build on these materials to develop an individually crafted presentation to match the tone, themes, and message desired by the City.

WSP staff have completed many of the County’s Drainage Area Management Plan (DAMP) model programs trainings including the Industrial/Commercial Inspector Training, Illicit Discharge and Illegal Connection Training, and Post-Construction BMP Inspection Training. In fact, every WSP inspector completes an extensive training program based on the Orange County Stormwater Programs core competencies program for municipal, industrial, and commercial inspectors. As the County’s model

4.6.a
Packet Pg. 157 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Proposal
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 14 programs are updated to reflex changes in new pending MS4 permits, WSP will be tracking these changes and attend any additional proper or pertinent trainings provided by the County.

Areas of expected support to Training include:
▶ Annual in-person NPDES MS4 training for City staff
▶ Tracking changes to County-wide training module programs and attending pertinent trainings as-needed
Our services in support of this task will include 8 hours/year in Training services as defined in the RFP.

Capital Projects and Programs
WSP has extensive experience providing as-needed stormwater quality support for capital improvement program (CIP) projects. WSP’s team includes civil design engineers and technical support staff to assist with a variety of public facilities, transportation, water, wastewater, and energy projects. We have extensive experience in the development, review and implementation of plans and specifications for public works projects including required NPDES elements. Our staff routinely review WQMPs, provide recommendations for post-construction structural treatment control BMPs, and review construction compliance documents such as Storm Water Pollution Prevention Plans (SWPPPs), Erosion and Sediment Control Plans (ESCP), and Water Pollution Control Plans (WPCP). We have QSD/QSPs available to complete the construction inspections or to assist with preparing the Notice of Intent (NOI) in the SWRCBs Stormwater Multiple Application and Report Tracking System (SMARTS) to obtain coverage under the Construction General Permit (CGP).

Areas of expected support to Capital Projects and Programs include:
▶ Support in selecting, developing, and implementing NPDES elements of CIP projects ▶ Conducting municipal facility post-construction BMP maintenance inspections ▶ Providing CGP related inspection and SMARTS reporting assistance Our services in support of this task will include 2 inspections per year as defined in the RFP.

Planning and Land Development
WSP staff have an in-depth understanding of the County’s New Development/Re-Development Standards and Technical Guidance Document (TGD). Our team routinely provide engineering services for grading and drainage projects associated with site development and redevelopment, and stormwater BMPs (first flush treatment, green infrastructure, etc.), making us well suited for the review of such projects. WSP’s engineers have experience with a wide range of civil engineering projects and can collaborate and confer with developers on designs for detention and retention ponds, drainage swales, culverts, underground storm drain systems, hydraulic modification considers, and overall site grading considerations for new and redevelopment projects. We are experienced water quality engineers and are familiar with the necessary coordination between grading and drainage design and stormwater quality analysis and design and understand the range of local regulations, state regulations and federal regulations to find the best solution to project water quality issues.

Our team has reviewed hundreds of WQMPs for Orange County projects and is currently providing WQMP verification and BMP maintenance inspections for several Orange County cities including Anaheim, Santa Ana, Laguna Niguel, and San Juan Capistrano. During our typical verification inspection, WSP verifies that the structural treatment control BMPs were installed exactly in accordance with the WQMP and grading plans, flow patterns are reviewed to confirm that stormwater is directed to the structural treatment controls as intended, and elevations are reviewed to assess storm water detention.

WSP also understands that some projects within the City may be constructed in phases and the relationship between the construction phase and the need to protect structural treatment control BMPs during construction.

4.6.a
Packet Pg. 158 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Proposal
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 15 Areas of expected support to Planning and Land Development include:
▶ Private project plan check services to review priority WQMP and Non-Priority WQMPs for compliance with storm water regulations
▶ Advising developers, contractors, and engineers on potential solutions to water quality issues related to grading plans and encroachment permits
▶ Conducting post-construction BMP verification and maintenance inspections to ensure the City’s compliance with MS4 permit requirements
Our services in support of this task will include the review of 10 WQMPs involving up to 3 reviews each and conducting 15 project WQMP post-construction BMP verification/ maintenance inspections as defined in the RFP.

Construction
WSP has more than 20 local professionals supporting construction storm water permitting and inspection services and has been providing these services to both public and private sector clients throughout southern California for over 30 years. Over the past decade our capability to provide these services has been built on securing contracts with many notable clients such as SDG&E, Imperial Irrigation District, San Diego International Airport, Caltrans, US Naval Facilities Command Southwest Division, Ports of San Diego and Long Beach, Panoche Valley Solar Plant, Los Angeles Engineering Inc., cities of Anaheim, Santa Ana and National City and County of Los Angeles. Our staff routinely review construction compliance documents such as SWPPPs, ESCPs, and WPCPs. We have QSD/QSPs available to lead inspections and have a reputation for swift responses to meet client needs for construction inspection support.

Our approach to providing stormwater related construction services is to be proactive and establish expectations with developers and contractors early in the construction process. We intend to work closely with public works staff, building inspectors, and code enforcement offices to prioritize projects for inspections based both on City defined criteria in its LIP (i.e., size, proximity to 303(d) listed water body segment, rainy or dry season, etc.) and based on the history of specific types of projects or contractors.

We have found that clear and upfront communication with private developers helps ensure NPDES issues, if they occur, will be properly addressed in a timely manner.

Areas of expected support to Construction services include:
▶ Conducting routine and proactive stormwater quality inspections for construction sites that require CGP coverage
▶ Conducting as-needed inspection assistance to other smaller construction sites based on project prioritization
▶ Collaboration with public works staff, building inspectors, and code enforcement officers to bring NPDES issues into timely compliance
Our services in support of this task will include 30 inspections, 15 follow-up inspections, and 5 enforcement notices per year as defined in the RFP.

Industrial/Commercial and Municipal Facility Inspections WSP performs thousands of inspections of industrial/commercial and municipal fixed facilities each year.

To ensure thorough and consistent inspections, every WSP inspector completes an extensive training program based on the Orange County Stormwater Programs core competencies program for municipal, industrial, and commercial inspectors. Our training program also includes 40- hour HAZWOPER training for safety and 40 hours of field training with a senior NPDES inspector. WSP’s QA/QC program also includes having a senior inspector review each inspection.

4.6.a
Packet Pg. 159 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Proposal
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 16 As each jurisdiction may handle facility inspections a bit differently including possible city specific inspection forms, mobile data forms, unique local water quality ordinances, and processes for enforcement, our proposed approach includes having City public works and code enforcement staff join WSP staff in conducting 1 to 3 initial facility inspections. The goal is to establish a standard process of support before proceeding somewhat autonomously to complete required inspections as a support arm to the City. WSP will provide status reports on a routine basis as facilities are inspected, education materials distributed, and include City in enforcement actions as needed through established City processes. For several clients, including the cities of Santa Ana and Costa Mesa, we have transitioned their previous paper-based inspection process to mobile data form and web-based inventory. This platform has a proven track record of success and demonstrated cost savings to our clients and could be quickly adapted to meet the City’s needs, if desired.

Areas of expected support to Industrial/Commercial and Municipal Facility Inspections include:
▶ Conduct annual and as-needed Industrial/Commercial and Municipal Fixed facilities inspections ▶ Collaboration with City code enforcement on facility enforcement notices as needed and follow up inspections of facilities to ensure compliance
The WSP project team will conduct field inspections of industrial/commercial and municipal facilities to assess compliance with local water quality regulations and appropriate BMPs. As identified in the RFP, we have assumed 70 inspections per year will be required including 20 follow-up inspections and the issuance of 5 enforcement notices per year.

Investigations
The City implements a program to actively detect and eliminate illegal discharges and illicit connections to the storm drain system. In addition to the proactive detection identified through County led outfall monitoring or City led facility inspections or special studies, a large portion of city investigations are in response to water pollution complaints or reported incidents. To ensure a consistent response in compliance with MS4 permit requirements an Orange County Investigation Guidance Manual was developed by Orange County Copermittees outlining the fundamental techniques that should be followed during investigations. Each investigation must be thoroughly documented and discharges that present a significant threat to the environment must be immediately reported and remediated as quickly as possible.

WSP has provided these types of investigation services to several Orange County cities (i.e., Anaheim, Santa Ana, Laguna Niguel, San Juan Capistrano, etc.) and understands the process for investigation, the resources available to assist the City with addressing and eliminating the discharge (i.e., County pollution response implementation agreement, Countywide Area Spill Control program, Orange County Health Care Agency, Orange County District Attorney’s office, Environmental Protection Agency), and the procedures for required reporting to local and State agencies.

Our proposed project manager, Kacen Clapper, has extensive experience with water pollution investigations. In his prior position at OC Public Works, Mr. Clapper led the County’s Water Pollution Response Unit which directed County efforts to address illegal and illicit discharges in County unincorporated areas and Orange County Flood Control District facilities and also provided support to Orange County cities including on-call water pollution response assistance.

Not all water pollution incidents require the same level of response and initial investigations may be more quickly and cost-effectively achieved through an assessment by City field staff. Our proposed approach is to coordinate closely with City public works staff and code enforcement officers to assess each incident situation and determine the best plan for a response. If WSP assistance is requested, we will respond as quickly as possible and with City staff’s authorization can request additional support through the County Water Pollution Response Unit to ensure a timely response and protection of downstream receiving waters.

4.6.a
Packet Pg. 160 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Proposal
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 17 Areas of expected support in Investigation services include:
▶ Response to emergency spill notifications including agency notification and coordination, field investigation, and coordination of cleanup efforts
▶ Proper documentation of all incident investigations to ensure MS4 permit compliance and legally defensible investigation data
▶ Coordination with appropriate parties to quickly mitigate incidents ▶ Work with code enforcement officers to bring NPDES issues into compliance and maintain tracking of all complaints, investigations, and correspondence As identified in the RFP, we have assumed 4 investigations and 4 follow-up investigations per year for investigation services.

Public Outreach
The City supports and participates in the countywide public education program, H2OC, and conducts local water quality protection themed education and outreach to further increase awareness and foster environmental protective behaviors. WSP has demonstrated public outreach experience both implementing H2OC program initiatives for Orange County cities and developing unique messaging and public outreach materials for our clients. Examples of local city project efforts include presentations to a local elementary school environmental science class and at HOA outreach meetings (Laguna Niguel), hosting public education booths at several events (H20 for HOAs, Sea Country Festival), and directing coastal cleanup day event efforts (San Juan Capistrano). More extensive outreach efforts have included development of an environmental outreach and education program for the Marine Corps Air Station (MCAS) Yuma and assisting with the development of the City of San Diego’s, Think Blue outreach campaign. MCAS Yuma work included developing original audience-focused materials aimed at educating base personnel, on-base residential communities, and surrounding communities about industrial, construction, and residential sources of stormwater pollution, as well as methods for pollution prevention. For the City of San Diego’s Think Blue campaign, WSP partnered with Action Research to develop a cohesive messaging strategy and worked to develop education materials that translated complex technical concepts into public-friendly terminology and content.

Areas of expected support in Public Outreach services include:
▶ Identify and post H2OC and City developed pollution prevention educational materials for distribution and content for internet-based platforms
▶ Assist and host booths at City community events to promote pollution prevention ▶ Collaborate with the City’s public information office consultant and other City staff to develop and update educational materials and content
As identified in the RFP, this task efforts assumes $500 in material purchases per year and assisting with 3 public education outreach events per year including 4 hours per event.

Reporting and Record Keeping
WSP has been assisting southern California municipalities with stormwater related MS4 permit reporting and record keeping since 2003. In this capacity, our Orange County municipal clients have included the cities of Santa Ana, Costa Mesa, Anaheim, Laguna Niguel, and San Juan Capistrano, and John Wayne Airport. We understand that a large component of municipal NDPES Program implementation revolves around reporting and that accurate and thorough record keeping is the foundation to good reporting.

The Santa Ana and San Diego MS4 Permits require annual reporting on all Local Implementation Plan (LIP) components including legal authority, illicit discharge detection and elimination, land development planning, construction management, existing development, and public education. The San Diego MS4 Permit requires additional reporting on jurisdictional strategies to address WQIP identified High Priority Water Quality Conditions (HPWQCs). Our approach for this task will focus on consideration of reporting and record keeping as part of all NPDES Program tasks. We will work closely with City staff to review

4.6.a
Packet Pg. 161 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Proposal
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 18 existing program methods and propose new methods for tracking and reporting if needed to better streamline the reporting process.

Over the past three years Orange County Public Works has been encouraging cities to on-board to OC Stormwater Tools a new web based countywide stormwater BMP inventory, planning, and water quality model tool. The web-based platform provides a uniform stormwater asset management database linked to spatial drainage data and a pollution load reduction model to quantify water quality benefits. The tool is envisioned to encapsulate and eventually fulfil MS4 Permit reporting requirements replacing the current cumbersome reporting methods. It is our understanding that the City currently has a backlog of entries to OC Stormwater Tools which involve making field visits to City-owned and privately-owned stormwater treatment devices to verify status and operations and maintenance issues, researching existing WQMPs and grading plans, and entering the data into the system. WSP is currently assisting several clients with this process (San Juan Capistrano, Laguna Niguel, and Anaheim) and are familiar with the challenges that on-boarding my present and the software quirks of the still evolving OC Stormwater Tools.

Areas of expected support in Reporting and Record Keeping include:
▶ Manage and update inventories to track inspections of municipal facilities, commercial facilities, industrial facilities, WQMP projects, post-construction BMP maintenance and verification, and construction site inspections
▶ Prepare and submit the City’s Santa Ana MS4 Permit quarterly reports for NPDES Permit facilities ▶ Acquire, compile, and submit annual report data to Orange County Public Works for use in development of Copermittee unified report
▶ Prepare NPDES MS4 Annual Reports for the Santa Ana and San Diego Regional Water Quality Control Boards
▪ San Diego MS4 Permit Attachment D Form, Fiscal Analysis, cover letter and annual report summary
▪ San Diego MS4 Permit WQIP jurisdictional strategy reporting tables ▪ Santa Ana MS4 Permit Program Effectiveness Assessments (PEA) annual report ▶ Input of BMP and WQMP data into the OC Stormwater Tools asset management and modeling tool for future potential use as a compliance reporting platform Our proposal for NPDES Program reporting and record keeping includes 200 hours of work per year. OC Stormwater Tools related task efforts will include an additional 100 hours of work during year 1 and 40 hours of work in years 2 and 3 as defined in the RFP.

Project Management
WSP’s designated Project Manager, Kacen Clapper, will be responsible for all project management and reporting aspects of the contract, including adherence to scope, schedule, and costs of individual project directives; budget tracking using WSP’s BST accounting system; accuracy of invoices; preparation of monthly progress reports; subconsultants; document review; and oversight of all technical aspects of each project directive. Kacen Clapper will be supported in these activities by WSP-designated project controls administrator Matt Rich. Individual task managers will be responsible for the technical aspects of each project Task Order (TO). WSP’s general approach to successful project management is based on the following practices:
▶ Communicating with City staff early and often
▶ Working with City staff to develop a clear understanding of the specifics of each TO, including the project start date and required deliverables
▶ Developing a detailed scope of work, schedule, and cost estimate prior to starting work ▶ Assembling the best team of in-house personnel and sub-service providers for each specific TO ▶ Effectively communicating project expectations to all team members

4.6.a
Packet Pg. 162 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Proposal
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 19 ▶ Delegating project tasks (e.g., field collection, data analysis, report preparation) to most qualified staff
▶ Conducting rigorous QA/QC reviews of all project-related data and results ▶ Communicating findings verbally to City staff
▶ Conducting thorough peer review and technical editing of written materials Staying abreast of environmental issues and laws that may affect the City and attending regulatory meetings, participating in scientific organizations, and being involved in outreach activities that will allow our staff to develop a better understanding of local issues so that we can more fully serve the City.

Resources, City Assistance and Other Items
WSP need for assistance from the City is focused help gathering information related to program inventories such as business licenses, approved WQMPs, and data management procedures for preparing the annual reports.

Additional Services
In the near future the San Diego Regional Water Quality Control Board will adopt the next term Regional MS4 permit that will include a number of changes to the City’s jurisdictional runoff management plan to incorporate additional items such as, but not limited to:
• Incorporation of the Trash Amendments policy and the City’s Track 1 implementation approach • Implementation of an equestrian facility inspection program • Changes to the land development program with WQMP coverage criteria for new and significant redevelopment
Project Controls
WSP holds the experience providing an approach structured to ensure meeting the needs of our clients and maintaining project controls.

Cost Control and Ability to Complete Project within Scope, Schedule, and Budget WSP utilizes various financial tracking systems, such as BST and Deltek, to ensure that task order budgets are expended at the appropriate rate. This includes use of WSP’s internal Management Portal, which allows task order managers to
access project budgets,
expenditures, and subconsultant invoicing status in
one location and a weekly
budget tracking sheet
specifically developed for the
City to provide similar
information as well as the
percentage complete.

Responsiveness to City Staff and Project Requirements
For each task order, WSP will designate one technical lead supported by a project manager responsible for all reporting aspects of the contract, including adherence to scope, schedule, and costs of individual project directives; budget tracking using WSP’s accounting system; accuracy of invoices; preparation of monthly progress reports; reporting results; and document review; WSP’s technical lead responsible for oversight of all technical aspects of each project directive will be selected based on the scope requirements of the task order.

Once we receive a task order request from the City, we will acknowledge receipt within 8 hours. The designated technical lead will read through the task order and clarify technical details with the City within 2-3 days. The technical lead will then draft a scope of work and budget, submit it to the City for review and discussion within 10-15 days of the initial notification.

4.6.a
Packet Pg. 163 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Proposal
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 20 Our project manager will be supported in these
activities by a WSP-designated Project Controller.

Individual task managers will be responsible for the
technical aspects of each project. Our general approach to successful project management is based on the
following practices:
► Communicating with City staff early and often
► Working with City staff to develop a clear
understanding specifics of each project
► Developing a detailed scope of work, schedule,
and cost estimate prior to commencing work
► Assembling the best team of in-house personnel
and subconsultants for each project
► Effectively communicating project expectations
to all team members
► Delegating project tasks (e.g., field collections,
data analysis, reports) to the most qualified staff
► Conducting rigorous QA/QC reviews of all project related data and results
► Communicating findings to City staff
The WSP team holds the specific experience to successfully plan and complete assigned project tasks.

Dr. Von Bitner and Mr. Schaedler are available for any questions or concerns the City may have during the life of this contract. With the understanding that work sometime continues into the evening or is scheduled to take place at night and during weekends, Dr. Von Bitner and Mr. Schaedler, having managed project and contracts that require service be provided during evening hours and weekends, are prepared to respond efficiently to the City’s needs.

Coordination between Respondent and City Staff
WSP has a reputation for providing excellent service, and we are committed to being fully responsive to the City under this contract. We believe that clear, accurate, and appropriate communications are essential for successful project management, from a project’s initiation to its completion. A key element of our success is our management process, whereby we set up clear lines of communication; establish well-defined project roles; and bring together dedicated, experienced, efficient, and effective project teams.

Communication is a key element in successful project management. There are specific times in the course of a project when a meeting will help to keep our collective efforts on track with the objectives and goals of the project.

We have identified specific opportunities where we anticipate formal in-person communications will occur as follows:
► In a task order kickoff/scoping meeting
► During submittal review meetings
► Prior to any proposed meetings with relevant agencies Our Project Manager will provide monthly progress reports for all task orders under the contract.

WSP uses communication and consensus building and reviews to identify and mitigate sources of project risk. To facilitate communication, and if deemed necessary by the City, we can establish, at no cost to the City, a password-protected SharePoint™ site that will be used by the project team and the City to share documents and deliverable reviews. Regular communication is essential both within the project team and between the project team and the City.

Full suite of WSP project
controls used to manage
projects and maintain
schedules

4.6.a
Packet Pg. 164 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Proposal
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 21 Method of Service Delivery
WSP’s Costa Mesa office is located less than 10 miles from the City’s offices. We have a wealth of environmental and water resources professionals in our San Diego offices as well and that are located approximately 85 miles from the City’s offices. We will coordinate project work through both in-person and virtual meetings depending on the project needs.

Environmentally Preferred Products and Services
WSP’s approach to protecting the environment goes beyond the work we do for our clients. Our embrace a philosophy of adopting practices and procedures that minimizes our carbon footprint. First and foremost, we prefer to incorporate electronic communication such as remote sensing through use game cameras to monitor activities at field stations and telemetry systems to watch over the performance of sampling equipment like flowmeters and autosamplers. These remote sensing options eliminate the need for someone to drive to a station to physically check the equipment. We are steadily migrating all of our clients towards a paperless system by using smartphone apps, such as Survey 123 or DoForms, to record inspections and field data forms. We have also embraced new technology with client interface by relying to a greater degree on virtual meetings through Microsoft Teams and Zoom to interact face-toface with clients obviating the need for a large number of people to drive to physical meeting locations.

Electronic deliverables are also a common approach we adapted towards environmentally sustainable products and no longer embrace the philosophy of hard copy reports as the preferred mechanism for delivering products to clients.

Understanding of the Commodities or Services to be Provided WSP understands the diverse services that are included in the scope of this as-needed RFP. We have previously held this contract and have demonstrated our capability to perform the scopes specified ontime and on-budget. We will continue to work collaboratively with the City staff to understand your needs and ensure that they are met on each task order.

Sequential Steps for Completing the Objectives and Specifying the staff members proposed to Perform the Objectives
WSP’s approach to developing a technical project scope of work and executing the tasks to perform the objectives follows a multi-step sequence in order to clarify the purpose and goals of the project, identify the intended audience, and note any potential constraints including time tables or budgetary limitations.

Our process for completing the objectives, specifying the staff members, and reaching agreement on the deadlines for performing the objectives follow the steps outlined below. • Hold a project scoping meeting with City PMs to discuss need, purpose, and goals • Reach consensus on key deliverables to be provided by WSP • Identify and receive concurrence from City on staff members and/or subcontractors who will be assigned to complete the objectives
• Hold periodic progress reporting meetings with City staff and WSP staff • Schedule as-needed meetings to discuss solutions to overcome key issues and provide recommendations for next steps
• Submit the draft deliverable to our City PM and receive feedback • If necessary, hold conference call to discuss key issues related to revisions and reach consensus on the content, voice, and messaging that needs to be present in the final document • Submit final version along with documentation showing the changes provided • Remaining responsive to City needs for additional revisions to make sure final document meets or exceeds expectations.

4.6.a
Packet Pg. 165 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Proposal
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 22 Quality Control/Quality Assurance (QA/QC)
Quality Performance
WSP will ensure that all analysis, data evaluation, and reporting meet the City’s and WSP’s high QA/QC standards. To achieve high technical quality of both analysis and documentation, WSP has adopted a formal QA/QC program for all of the firm’s work. The fundamental objectives of the QA/QC program are to ensure that each deliverable not only fulfills all requirements of the job task, but also fully defines and meets the specific and unique needs of the City. The WSP QA/QC Managers will ensure that the City receives quality deliverables compliant with City’s requirements and standards and will be responsible for final review of all deliverables. As shown on the QA/QC pyramid, WSP’s managers have primary responsibility for the quality of the team’s work, but ultimately it is the across-the-board, day-today commitment and thoroughness of all team members that translate WSP’s QA/QC program into top-quality project
deliverables.

WSP’s experience covers many projects with the same scope of services required by this contract. Because we have this experience, our team can translate complex data into easily understood documents to ensure approval by internal and external
stakeholders. WSP has the requisite project experience, with an excellent record of completing projects on time, within budget, and to our customers’ complete satisfaction. Our successful track record of supporting environmental and storm water compliance programs for various municipalities throughout California spans more than two decades.

This section provides specific information
on how WSP plans for and carries out our
QA/QC program. Our firm has made an
across-the-board to commitment to
QA/QC in all aspects of our day-to-day work
activities. While specific QA/QC-related
practices and personnel are discussed
below, it is really our expectation that all
staff, from technicians to senior managers,
conduct all aspects of their work with the
utmost attention to quality and
sustainability.

Quality Control (QC) Methodology:

Documents prepared by WSP will undergo
technical editing and peer review by qualified individuals, depending on the project’s scope of work. A high degree of QA/QC oversight is involved in every step of the project process. While WSP’s project managers and technicians are primarily responsible for designing, implementing, and delivering work products with the highest degree of QA/QC possible, it is really the across-the-board team commitment of our staff and sub-service providers that ultimately deliver quality products. An example of our internal QC checklist maintained for each data set that we review is presented in Figure 2.

Key staff serve as QA/QC
managers to ensure that the
City receives quality
deliverables compliant with its
requirements

4.6.a
Packet Pg. 166 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Proposal
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 23 Figure 2: WSP’s Internal QA/QC Steps for Successful Project Delivery F. Communication Plan
A key element of the WSP USA project management process is establishment of clear lines of communication, well-defined project roles, and dedicated, experienced, efficient, and effective project teams. For this contract, the single point of contact responsible for all overarching program related matters will be our Project Manager, Mr. Clapper, who will promptly respond to requests from the City and coordinate work distribution.

WSP USA has a reputation for providing excellent service, and we are committed to being fully responsive to the City under this contract. We believe that clear, accurate, and appropriate communications are essential for successful project management from a project’s initiation to its completion. A key element of our success is our management process, whereby we set up clear lines of communication, establish well-defined project roles, and bring together dedicated, experienced, efficient, and effective project teams:
▶ The City’s contact will be Kacen Clapper, Project Manager, who will coordinate all project activities with the City Project Manager.
▶ When the City notifies WSP USA of an upcoming work, Mr. Clapper will identify the appropriate Technical Lead to work with him to review the work description, schedule, and other data. ▶ The Technical Lead will develop an execution plan that includes our understanding of the City’s objectives and requirements, scope of work, deliverables, schedule, and proposed costs. ▶ For efficiency, the Project Manager will engage in frequent discussions with the City Project Manager.
▶ Following approval of the work scope, budget, and schedule, the technical team will implement the work upon receiving the executed notice to proceed.

G. Compensation/Payment Schedule
We have provided our cost proposal in the format as outlined in Section V in a separate, sealed envelope.

H. Certificate of Insurance
We are willing and able to meet the required insurance coverage as set forth in the Sample Draft Professional Services Agreement (Attachment 4) prior to the execution of the contract. We have provided an example of our Certificate of Insurance in Appendix C, as proof our commitment to meeting the City’s requirements.

I. Certification of Proposal
We have signed and provided Certification of Proposal (Attachment 3) in Appendix A.

4.6.a
Packet Pg. 167 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Proposal
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 24 Appendix A.

Required Forms
(Not included in 30 page limit for proposal)

4.6.a
Packet Pg. 168 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services City of Laguna Hills

NPDES PROGRAM MANAGEMENT AND INSPECTION SERVICES
23 1407008.1
ATTACHMENT 1

NON-COLLUSION AFFIDAVIT
The undersigned represents and certifies that:

1. This Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation.

2. This Proposal is genuine and not collusive or sham.

5. Proposer affirms that all statements contained in the Proposal and related documents are true and correct.

7. Proposer has not entered into any arrangement or agreement with any City of Laguna Hills public officer in connection with this proposal.

8. Proposer understands that collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.

I declare under penalty of perjury pursuant to the laws of the State of California and the United States that the foregoing facts are true and correct. Executed this ______ day of ______, 2023, at ________________, California.
________________________________
Signature of Authorized Representative
________________________________ __________________________________ Name of Authorized Representative Title of Authorized Representative 21 March Costa Mesa
Theodore W. Von Bitner Assistant Vice President

4.6.a
Packet Pg. 169 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services City of Laguna Hills

NPDES PROGRAM MANAGEMENT AND INSPECTION SERVICES
24 1407008.1
ATTACHMENT 2
CONSULTANT’S ACKNOWLEDGEMENT OF COMPLIANCE

WITH INSURANCE REQUIREMENTS FOR

AGREEMENT FOR PROFESSIONAL SERVICES
Consultant agrees, acknowledges, understands and is fully aware of the insurance requirements as specified in Section 5, Insurance Requirements of the attached sample Agreement for Professional Services (Attachment 4) and hereby accepts all conditions and requirements as contained therein.

Consultant:

Name (Please Print or Type)
By:

Consultant’s Signature & Title
Date:

This executed form must be submitted with proposal.

Theodore W. Von Bitner
March 21, 2023
Assistant Vice President

4.6.a
Packet Pg. 170 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services City of Laguna Hills

NPDES PROGRAM MANAGEMENT AND INSPECTION SERVICES
25 1407008.1
ATTACHMENT 3

CERTIFICATION OF PROPOSAL

TO THE CITY OF LAGUNA HILLS
The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP). By signing the Certification of Proposal (Attachment 3) and submitting a proposal to the City in response to this Request for Proposals, the Proposer hereby represents and certifies that:

A) No elected or appointed official, officer, or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or for any work connected with this proposal; should any agreement be approved in connection with this Request for Proposals (“Agreement”) no elected or appointed official, officer, or employee of the City, during the term of his/her service with the City, shall have any direct or indirect financial interest in the Agreement, or obtain any present, anticipated, or future financial interest or other material benefit arising therefrom;
B) No elected or appointed official, officer, or employee of the City shall have any financial interest, direct or indirect, in the Agreement nor shall any such official, officer, or employee participate in any decision relating to the Agreement which effects his/her personal financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of state law; C) The Proposer and its principals do not have now, nor shall it acquire any financial or business interest that would conflict with the performance of services under the Agreement;
D) Proposer does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy related conditions, political affiliation or opinion, age or medical condition; E) By submitting the response to this request, Proposer agrees, if selected, to furnish services to the City in accordance with this RFP;
F) Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them;
G) It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City;

4.6.a
Packet Pg. 171 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services City of Laguna Hills

NPDES PROGRAM MANAGEMENT AND INSPECTION SERVICES
26 1407008.1
H) The proposal response includes all of the commentary, figures and data required by this Request for Proposal.

I) The proposal shall be valid for 180 days from the date of submittal to the City.

I declare under penalty of perjury pursuant to the laws of the State of California and the United States that the foregoing facts are true and correct.

Executed this ______ day of ______, 2023, at ________________, California.

Name of Proposer:

By:
(Authorized Signature)
Type Name:

Title:

Date:
21 March Costa Mesa
WSP USA Environment
& Infrastructure, Inc.

Theodore W. Von Bitner
Assistant Vice President
March 21, 2023

4.6.a
Packet Pg. 172 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Proposal
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 29 Appendix B.

Key Personnel Resumes
(To be included in 30 page limit for proposal)

4.6.a
Packet Pg. 173 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services

THEODORE VON BITNER, PHD

PRINCIPAL-IN-CHARGE / TECHNICAL LEAD (TMDLS, TRASH

AMENDMENTS, SPECIAL STUDIES)

Page 1 of 1 ends

Laguna Hills City CouncilJune 13, 2023

Laguna Hills City Council
June 13, 2023