Agenda packet — Laguna Hills City Council, October 24, 2023 (part 1 of 2)

CITY OF LAGUNA HILLS

CITY COUNCIL/PLANNING AGENCY

REGULAR MEETING AGENDA
Tuesday, October 24, 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, October 24, 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, October 24, 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, October 24, 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b)(1)
Public Employee Title: City Manager - Annual Performance Review

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, October 24, 2023 Regular Meeting Agenda
3 CITY OF LAGUNA HILLS

CITY COUNCIL/PLANNING AGENCY

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.

Electronic public comments may only be submitted via email and comments via text and social media (Facebook, Twitter, etc.) will not be accepted.

City of Laguna Hills City Council/Planning Agency Tuesday, October 24, 2023 Regular Meeting Agenda
4 GENERAL BUSINESS - CONVENING AT 7:00 PM

INVOCATION: Rev Pat McCaughan of St. George Episcopal Church PLEDGE OF ALLEGIANCE: Council Member Pezold

ROLL CALL OF CITY COUNCIL MEMBERS

CLOSED SESSION REPORT

1. PRESENTATIONS AND PROCLAMATIONS

1.1 Lomarena Elementary Student Liaison Report
Recommendation: That the City Council present a Certificate of Appointment and receive a report from Lomarena Elementary School Student Liaison Arthur Hayaud.

1.2 Laguna Hills High School Student Liaison Report
Recommendation: That the City Council receive an oral report from Laguna Hills High School 2023 Fall Student Liaison Forrest Frey.

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.

City of Laguna Hills City Council/Planning Agency Tuesday, October 24, 2023 Regular Meeting Agenda
5 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.

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 October 10, 2023, Special Meeting Recommendation: That the City Council approve the City Council Minutes for the October 10, 2023, Special Meeting.

4.3 Approval of Minutes for October 10, 2023, Regular Meeting Recommendation: That the City Council approve the City Council/Planning Agency Minutes for the October 10, 2023, Regular Meeting.

4.4 Ratification of October 24, 2023, Warrant Register
Recommendation: That the City Council ratify the accompanying Warrant Register for the period from October 3, 2023, to October 12, 2023, in the amount of $1,403,275.65.

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

4.6 Appointment of Labor Negotiator
Recommendation: That the City Council, pursuant to Government Code Section 54957.6, select and appoint Mayor Heft to serve as the Council's designated representative for purposes of: (A) Facilitating the Annual Performance Evaluation of the City Manager; and (B) Conducting Labor Negotiations with the City Manager, an unrepresented employee.

City of Laguna Hills City Council/Planning Agency Tuesday, October 24, 2023 Regular Meeting Agenda
6 4.7 Second Reading & Adoption of Proposed Ordinance Adding Chapter 3-36 (Informal Bidding - Public Projects) to Title 3 (Revenue and Finance) of the Laguna Hills Municipal Code to Provide Informal Bidding Procedures in Accordance with the Uniform Public Construction Cost Accounting Act Recommendation: That the City Council: 1) Adopt an Ordinance entitled: “AN ORDINANCE OF THE CITY OF LAGUNA HILLS, CALIFORNIA, ADDING CHAPTER 3-36 (INFORMAL BIDDING - PUBLIC PROJECTS) TO TITLE 3 (REVENUE AND FINANCE) OF

THE LAGUNA HILLS MUNICIPAL CODE TO PROVIDE INFORMAL BIDDING

PROCEDURES IN ACCORDANCE WITH THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT"; and 2) Authorize the Mayor to execute the Ordinance.

4.8 Approval of Proposed Contract Services Agreement for School Crossing Guard Services with All City Management Services, Inc., for a Three-Year Term
Recommendation: That the City Council: 1) Approve the proposed Contract Services Agreement with All City Management Services, Inc., to provide school crossing guard services. The proposed contract is for a three-year term from November 10, 2023, through June 30, 2026, for a total not-to-exceed maximum contract amount of $457,152. The total not-to-exceed maximum contract amount is an aggregate of the following anticipated annual amounts: $138,845 for Year 1 (2023/2024); $147,096 for Year 2 (2024/2025); $156,211 for Year 3 (2025/2026); and an additional $5,000 per year ($15,000) to cover unanticipated costs; and 2) Authorize the Mayor to execute the proposed Contract Services Agreement for school crossing guard services with All City Management Services, Inc.

4.9 Fiscal Year 2022-2023 Development Impact Fees Annual Report Recommendation: That the City Council approve the Fiscal Year 2022-2023 Development Impact Fees Annual Report pursuant to California Government Code Section 66006.

4.10 Purchase of Electric Cart with AB2766 Funds
Recommendation: That the City Council authorize the Finance Director to amend the budget in the AQMD AB2766 fund in the amount of $15,500 to afford the purchase of a new electric cart.

ITEMS REMOVED FROM THE CONSENT CALENDAR
City of Laguna Hills City Council/Planning Agency Tuesday, October 24, 2023 Regular Meeting Agenda
7 5. PLANNING AGENCY

5.1. ROLL CALL OF PLANNING AGENCY MEMBERS

5.2. PUBLIC COMMENTS
This is the time to address the Planning Agency on any matter not listed on this Agenda that is within the subject matter jurisdiction of the Planning Agency.

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.

5.3. APPROVAL OF MINUTES

5.4. ADMINISTRATIVE REPORTS

5.5. PLANNING AGENCY PUBLIC HEARINGS

5.5.1 Site Development Permit/Master Sign Program (SDP/MSP) No. USE-0140-2023, a Request by Diana Nagel, Project Manager with Promotional Signs, on Behalf of Property Owner Milan Capital Management for Approval of a Master Sign Program for Laguna Hills Plaza Located at 24901 Alicia Parkway
Recommendation: That the Planning Agency:
1) Resume the public hearing continued from September 26, 2023; 2) Find and determine that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15311(a) (Class 11, Accessory Structures); and
3) Adopt a Resolution entitled: “A RESOLUTION OF THE PLANNING

AGENCY OF THE CITY OF LAGUNA HILLS, CALIFORNIA, APPROVING SITE

DEVELOPMENT PERMIT/MASTER SIGN PROGRAM (SDP/MSP)
NO. USE-0140-2023, A REQUEST BY DIANA NAGEL, PROJECT MANAGER

WITH PROMOTIONAL SIGNS ON BEHALF OF PROPERTY OWNER MILAN

CAPITAL MANAGEMENT FOR APPROVAL OF A MASTER SIGN PROGRAM FOR LAGUNA HILLS PLAZA LOCATED AT 24901 ALICIA PARKWAY.”

PLANNING AGENCY ADJOURNMENT

6. CITY COUNCIL PUBLIC HEARINGS
City of Laguna Hills City Council/Planning Agency Tuesday, October 24, 2023 Regular Meeting Agenda
8 7. ADMINISTRATIVE REPORTS

7.1. City Manager

7.2. Deputy City Manager/Community Services Director

7.2.1 The City of Laguna Hills Memorial Day Race Event and the 3/5 Marine Battalion
Recommendation: That the City Council discuss and provide direction to Staff on the City's Memorial Day Race event and the event's support of the 3/5 Marine Battalion.

8. MATTERS AGENDIZED AND PRESENTED BY CITY COUNCIL MEMBERS

8.1 Opposition to Assembly Constitutional Amendment (ACA) 1 and Assembly Constitutional Amendment (ACA) 13.

Recommendation: Mayor Heft recommends that the City Council direct staff to prepare a resolution supporting the Taxpayer Protection Act and letters of opposition to Assembly Constitutional Amendment (ACA) Nos. 1 and 13, and return to at a future meeting for City Council approval.

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 November 14, 2023, at 7:00 p.m., in the City Council Chamber, located at 24035 El Toro Road, Laguna Hills, California.

City of Laguna Hills City Council/Planning Agency Tuesday, October 24, 2023 Regular Meeting Agenda
9 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 October 20, 2023, at 5:00 p.m.

October 20, 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: October 24, 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:

City Council/Planning Agency Regular Meetings
Tuesday, November 14, 7:00pm, Laguna Hills Civic Center Council Chamber Tuesday, November 28, 7:00pm, Laguna Hills Civic Center Council Chamber National Prescription Take Back Day
Saturday, October 28, 10:00am-2:00pm, Laguna Hills Community Center and Sports Complex 2023 Laguna Hills State of the City presented by Laguna Hills Chamber of Commerce Wednesday, November 8, 11:30am – 1pm, Laguna Hills Community Center Veterans Day – City Hall & Community Center Closed
Friday, November 10 and Saturday, November 11
Traffic Commission Regular Meeting
Wednesday, November 15, 7:00pm, Laguna Hills Civic Center Council Chamber Events, Communication, and Beautification Committee Regular Meeting Monday, November 20, 11:00am, Civic Center Admin Conference Room

2.1 Packet Pg. 10
City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: October 24, 2023
TO: Mayor and Council Members
FROM: Jennifer Lee
City Clerk
ISSUE: Approval of Minutes for October 10, 2023, Special Meeting RECOMMENDATION: That the City Council approve the City Council Minutes for the October 10, 2023, Special Meeting.

ATTACHMENTS:
• City Council Minutes for the October 10, 2023, Special Meeting

4.2 Packet Pg. 11

CITY OF LAGUNA HILLS

CITY COUNCIL

SPECIAL MEETING

MINUTES
Tuesday, October 10, 2023

CALL TO ORDER
The meeting was called to order at 5:00 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

ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (1) of subdivision (e) of Government Code Section 54956.9: (1 potential case)

PUBLIC COMMENT ON CLOSED SESSION ITEM(S)
There were no public comments on the closed session item.

ADJOURN TO CITY COUNCIL CONFERENCE ROOM OR COUNCIL CHAMBER

CONVENE INTO CLOSED SESSION
The City Council convened into closed session to consider the matter(s) listed above.

RECONVENE TO CITY COUNCIL CHAMBER
Due to technical difficulties the recording of the meeting was not able to continue.

The City Council reconvened the City Council Meeting at 6:45 p.m. All Council Members were present in Chamber.

4.2.a
Packet Pg. 12
Attachment: City Council Minutes for the October 10, 2023, Special Meeting (3330 : Approval of Minutes for October 10, 2023, Special Meeting) City of Laguna Hills City Council Tuesday, October 10, 2023 Special Meeting Minutes
2 The Closed Session Report below was provided on the record by City Attorney Simonian during the October 10, 2023, City Council/Planning Agency Regular Meeting.

CLOSED SESSION REPORT
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (1) of subdivision (e) of Government Code Section 54956.9: (1 potential case)
City Attorney Simonian stated that the City Council convened into closed session pursuant to the authorities listed on the Agenda with no reportable action taken.

ADJOURNMENT
There being no further business before the City Council at this session, Mayor Heft declared the meeting adjourned at 6:50 p.m.

Jennifer Lee, City Clerk
ATTEST:

Janine Heft, Mayor
Approved at meeting of October 24, 2023

4.2.a
Packet Pg. 13
Attachment: City Council Minutes for the October 10, 2023, Special Meeting (3330 : Approval of Minutes for October 10, 2023, Special Meeting) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: October 24, 2023
TO: Mayor and Council Members
FROM: Jennifer Lee
City Clerk
ISSUE: Approval of Minutes for October 10, 2023, Regular Meeting RECOMMENDATION: That the City Council approve the City Council/Planning Agency Minutes for the October 10, 2023, Regular Meeting.

ATTACHMENTS:
• City Council/Planning Agency Minutes for the October 10, 2023, Regular Meeting

4.3 Packet Pg. 14

CITY OF LAGUNA HILLS

CITY COUNCIL/PLANNING AGENCY

REGULAR MEETING

MINUTES
Tuesday, October 10, 2023
GENERAL BUSINESS - CONVENING AT 7:00 PM

CALL TO ORDER
The meeting was called to order at 7:00 p.m. by Mayor Heft.

INVOCATION: Pastor Simon Price Grace Hills Church
PLEDGE OF ALLEGIANCE: Council Member Caskey

1. PRESENTATIONS AND PROCLAMATIONS

1.1 Laguna Hills High School Student Liaison Report
The City Council received an oral report from Laguna Hills High School 2023 Fall Student Liaison Evan Figueroa.

1.2 City of Hope Orange County
The City Council received a presentation from Executive Director of Strategic Implementation Laura Grant regarding the City of Hope Orange County Lennar Foundation Cancer Center.

1.3 Moulton Niguel Water District (MNWD)
The City Council received a presentation from Board President Duane Cave, Assistant Director of Engineering Todd Dmytryshyn, P.E., Senior Water Resources Planner Laura Rocha, and Principal Engineer Alex Thomas, P.E. regarding proposed OASIS Water Recycling, South County Emergency Water Interconnection, and Crown Valley Pipeline Replacement projects.

4.3.a
Packet Pg. 15
Attachment: City Council/Planning Agency Minutes for the October 10, 2023, Regular Meeting (3329 : Approval of Minutes for October 10, 2023, City of Laguna Hills City Council/Planning Agency Tuesday, October 10, 2023 Regular Meeting Minutes
2 2. SCHEDULE OF FUTURE EVENTS

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

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

Ronald Vaca, a resident of Laguna Hills, inquired about the process to remove the parking permit requirement on Southport Street.

4. CONSENT CALENDAR
Motion to approve the Consent Calendar with Mayor Heft, Mayor Pro Tempore Wheeler, and Council Member Pezold removing Item No. 4.5, Item No. 4.6, and Item No. 4.7.

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

4.2 Approval of Minutes for September 26, 2023, Regular Meeting Recommendation: That the City Council approve the City Council/Planning Agency Minutes for the September 26, 2023, Regular Meeting.

4.3 Ratification of October 10, 2023, Warrant Register
Recommendation: That the City Council ratify the accompanying Warrant Register for the period from September 16, 2023, to October 2, 2023, in the amount of $266,174.10.

4.3.a
Packet Pg. 16
Attachment: City Council/Planning Agency Minutes for the October 10, 2023, Regular Meeting (3329 : Approval of Minutes for October 10, 2023, City of Laguna Hills City Council/Planning Agency Tuesday, October 10, 2023 Regular Meeting Minutes
3 4.4 An Amendment to the City’s Schedule of Administrative Citation Fines and Penalties Related to Implementation of a Sidewalk Vending Regulatory Program.

Recommendation: That the City Council: 1) Find and determine that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15273 (Rates, Tolls, Fares, and Charges) of Title 14, Chapter 3 of the California Code of Regulations, and Section 21080(b)(8) of Division 13, Chapter 2.6 of the Public Resources Code; and 2) Adopt Resolution No. 2023-10-10-1: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA HILLS, CALIFORNIA, AMENDING AND RESTATING THE SCHEDULE OF ADMINISTRATIVE CITATION FINES AND PENALTIES.”

ITEMS REMOVED FROM THE CONSENT CALENDAR

4.5 OCTA Regional Traffic Signal Synchronization Project: Paseo De Valencia - Moulton Parkway Confluence Bypass Corridor
Mayor Heft, Mayor Pro Tempore Wheeler, and Council Member Pezold removed Item No. 4.5 from the Consent Calendar to request additional information.

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

Recommendation: That the City Council adopt Resolution No. 2023-10-10-2 "A

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

APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE ORANGE

COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE
COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS.”
RESULT: APPROVED [UNANIMOUS]
MOVER: Erica Pezold, Council Member
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

4.6 Proposed Professional Services Agreement with Jamey Clark, Inc., Dba SafePark Playground Services to Provide Quarterly Playground Equipment Safety Inspection Consulting Services
Mayor Heft, Mayor Pro Tempore Wheeler, and Council Member Pezold removed Item No. 4.6 from the Consent Calendar to request additional information.

4.3.a
Packet Pg. 17
Attachment: City Council/Planning Agency Minutes for the October 10, 2023, Regular Meeting (3329 : Approval of Minutes for October 10, 2023, City of Laguna Hills City Council/Planning Agency Tuesday, October 10, 2023 Regular Meeting Minutes
4 Public Works Director/City Engineer Ames responded to Council Member requests for additional information.

Recommendation: That the City Council: 1) Find and determine that it is appropriate to waive formal competitive selection requirements of Laguna Hills Municipal Code (LHMC) Section 3-08.150 for the award of a proposed Professional Services Agreement to Jamey Clark, Inc., because a) "an unusual or unique situation exists, in that due to experience, specialized qualifications, particular expertise, performance history, and/or reputation, a particular company, vendor, consultant, or contractor is uniquely qualified for a particular task or project, which makes application of the requirements for competitive solicitation under this chapter contrary to either the intended purpose of the project or the public interest" (LHMC Section 3-08.110(I)); and b) compliance with procurement policies, procedures, and/or requirements is not in the best interest of the City (LHMC Section 3-08.110(J)); 2) Approve the proposed Professional Services Agreement for Playground Inspection Services with Jamey Clark, Inc.; and 3) Authorize the Mayor to execute the Agreement.

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

4.7 2023 Summer Post Event Report
Mayor Heft, Mayor Pro Tempore Wheeler, and Council Member Pezold removed Item No. 4.7 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 receive and file the report.

RESULT: APPROVED [UNANIMOUS]
MOVER: Erica Pezold, Council Member
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

4.3.a
Packet Pg. 18
Attachment: City Council/Planning Agency Minutes for the October 10, 2023, Regular Meeting (3329 : Approval of Minutes for October 10, 2023, City of Laguna Hills City Council/Planning Agency Tuesday, October 10, 2023 Regular Meeting Minutes
5 5. PLANNING AGENCY
Mayor Heft recessed the City Council Meeting, and acting in capacity as Chair, called the Regular Meeting of the Planning Agency of the City of Laguna Hills, California, to order at 8:21 p.m.

5.1. ROLL CALL OF PLANNING AGENCY MEMBERS
Attendee Name Title Status Arrived
Janine Heft Char Present
Dave Wheeler Vice Chair Present
Don Caskey Agency Member Present
Erica Pezold Agency Member Present
Joshua Sweeney Agency Member Present

5.2. PUBLIC COMMENTS
There were no Planning Agency public comments on non-agendized items.

5.3. APPROVAL OF MINUTES
The Planning Agency Minutes were approved by the City Council.

5.4. ADMINISTRATIVE REPORTS
There were no Planning Agency administrative reports.

5.5. PLANNING AGENCY PUBLIC HEARINGS

5.5.1 Site Development Permit/ Master Sign Program (SDP/MSP) No.

USE-0144-2023, a Request by Chris Mendoza, Project Manager on Behalf of Better Buzz Coffee Company, LLC, for Approval of an Amendment to an Existing Master Sign Program to Accommodate the New Better Buzz Coffee Shop Located at 25252 La Paz Road Assistant Planner Ash reviewed the information provided in the staff report, provided a PowerPoint presentation, and responded to Agency Member request for additional information.

Chair Heft resumed the Public Hearing continued from September 12. 2023.

The following individual addressed the Planning Agency on Item No. 5.5.1:

Project Applicant Corey Becker, Director of Construction, Better Buzz Coffee, responded to Agency Member request for additional information.

4.3.a
Packet Pg. 19
Attachment: City Council/Planning Agency Minutes for the October 10, 2023, Regular Meeting (3329 : Approval of Minutes for October 10, 2023, City of Laguna Hills City Council/Planning Agency Tuesday, October 10, 2023 Regular Meeting Minutes
6 City Attorney Simonian responded to Agency Member request for additional information.

Chair Heft closed the Public Hearing.

Chair Heft reopened the Public Hearing.

The following individual addressed the Planning Agency on Item No. 5.5.1:

Project Applicant Corey Becker, Director of Construction, Better Buzz Coffee, responded to Agency Member request for additional information.

Chair Heft closed the Public Hearing.

Recommendation: That the Planning Agency:
1) Conduct the public hearing continued from September 12, 2023; 2) Find and determine that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15311(a) (Class 11, Accessory Structures); and
3) Adopt Resolution No. PA2023-10-10-1: “A RESOLUTION OF THE

PLANNING AGENCY OF THE CITY OF LAGUNA HILLS, CALIFORNIA,

APPROVING SITE DEVELOPMENT PERMIT/ MASTER SIGN PROGRAM
(SDP/MSP) NO. USE-0144-2023, A REQUEST BY CHRIS MENDOZA, PROJECT

MANAGER OF BETTER BUZZ COFFEE ROASTERS ON BEHALF OF BETTER

BUZZ COFFEE ROASTERS FOR APPROVAL OF AN AMENDMENT TO AN

EXISTING MASTER SIGN PROGRAM TO ACCOMMODATE THE NEW BETTER BUZZ COFFEE SHOP LOCATED AT 25252 LA PAZ ROAD.”
RESULT: APPROVED [3 TO 2]
MOVER: Erica Pezold, Agency Member
SECONDER: Don Caskey, Agency Member
AYES: Don Caskey, Agency Member; Erica Pezold, Agency
Member; Joshua Sweeney, Agency Member
NAYS: Janine Heft, Chair; Dave Wheeler, Vice Chair

PLANNING AGENCY ADJOURNMENT
Chair Heft adjourned the Planning Agency Meeting at 8:48 p.m. and reconvened the City Council Meeting. All Council Members were present in Chamber.

4.3.a
Packet Pg. 20
Attachment: City Council/Planning Agency Minutes for the October 10, 2023, Regular Meeting (3329 : Approval of Minutes for October 10, 2023, City of Laguna Hills City Council/Planning Agency Tuesday, October 10, 2023 Regular Meeting Minutes
7 6. CITY COUNCIL PUBLIC HEARINGS
There were no City Council public hearings.

7. ADMINISTRATIVE REPORTS

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

7.2. Deputy City Manager/Community Services Director

7.2.1 2023 Heritage Day Post Event Report
Community Services Manager Gannon reviewed the information provided in the staff report, provided a video presentation, and responded to Council Member requests for additional information.

Recommendation: That the City Council receive and file the report.

RESULT: RECEIVE AND FILE [UNANIMOUS]
MOVER: Erica Pezold, Council Member
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

7.3. Public Works Director/City Engineer

7.3.1 Draft Local Hazard Mitigation Plan Update
Public Works Director/City Engineer Ames reviewed the information provided in the staff report.

Starla Barker, AICP, Principle Planner, De Novo Planning Group provided a PowerPoint presentation and responded to Council Member requests for additional information
Recommendation: That the City Council authorize City staff to submit the Draft Local Hazard Mitigation Plan to the California Governor's Office of Emergency Services (Cal OES) and the Federal Emergency Management Agency (FEMA).

4.3.a
Packet Pg. 21
Attachment: City Council/Planning Agency Minutes for the October 10, 2023, Regular Meeting (3329 : Approval of Minutes for October 10, 2023, City of Laguna Hills City Council/Planning Agency Tuesday, October 10, 2023 Regular Meeting Minutes
8 RESULT: APPROVED [UNANIMOUS]
MOVER: Erica Pezold, Council Member
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

7.3.2 California Uniform Public Construction Cost Accounting Act Public Works Director/City Engineer Ames reviewed the information provided in the staff report and responded to Council Member requests for additional information.

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

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

Recommendation: That the City Council 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, ADDING CHAPTER 3-36 (INFORMAL BIDDING - PUBLIC PROJECTS) TO TITLE 3 (REVENUE AND FINANCE) OF THE LAGUNA HILLS MUNICIPAL CODE TO

PROVIDE INFORMAL BIDDING PROCEDURES IN ACCORDANCE WITH THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT."
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

8. MATTERS AGENDIZED AND PRESENTED BY CITY COUNCIL MEMBERS

8.1 Resolution Amending and Restating City Council Policy No. 120 Regarding Procedures for Placing Items on Future City Council Agendas Mayor Pro Tempore Wheeler provided comments on the item.

4.3.a
Packet Pg. 22
Attachment: City Council/Planning Agency Minutes for the October 10, 2023, Regular Meeting (3329 : Approval of Minutes for October 10, 2023, City of Laguna Hills City Council/Planning Agency Tuesday, October 10, 2023 Regular Meeting Minutes
9 Recommendation: Mayor Pro Tempore Wheeler and Mayor Heft recommend that the City Council adopt Resolution No. 2023-10-10-3: "A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF LAGUNA HILLS, CALIFORNIA, AMENDING AND RESTATING CITY COUNCIL POLICY NO. 120 REGARDING PROCEDURES FOR PLACING ITEMS ON A FUTURE CITY COUNCIL AGENDA."
RESULT: APPROVED [UNANIMOUS]
MOVER: Erica Pezold, Council Member
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

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 Pezold
Council Member Pezold reported on the positive impact the first responders from the Orange County Sheriff’s Department had on a recent incident in her neighborhood.

City Attorney Simonian provided the Closed Session Report below that, due to technical difficulties, was not provided on the recording of the October 10, 2023, Special Meeting.

4.3.a
Packet Pg. 23
Attachment: City Council/Planning Agency Minutes for the October 10, 2023, Regular Meeting (3329 : Approval of Minutes for October 10, 2023, City of Laguna Hills City Council/Planning Agency Tuesday, October 10, 2023 Regular Meeting Minutes
10 ADJOURNMENT
There being no further business before the City Council at this session, Mayor Heft declared the meeting adjourned at 9:59 p.m.

Jennifer Lee, City Clerk
ATTEST:

Janine Heft, Mayor
Approved at meeting of October 24, 2023

4.3.a
Packet Pg. 24
Attachment: City Council/Planning Agency Minutes for the October 10, 2023, Regular Meeting (3329 : Approval of Minutes for October 10, 2023, City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: October 24, 2023
TO: Mayor and Council Members
FROM: Eric Hendrickson
Finance Director
ISSUE: Ratification of October 24, 2023, Warrant Register RECOMMENDATION: That the City Council ratify the accompanying Warrant Register for the period from October 3, 2023, to October 12, 2023, in the amount of $1,403,275.65.

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 October 3, 2023, to October 12, 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 - October 24, 2023
• Payables Detail Report - October 24, 2023

4.4 Packet Pg. 25
Payment Amount
6,495.00
155.00
145.00
513.91
1,208.00
1,153.25
44,647.49
471.15
3,644.70
225.00
17,515.06
4,000.00
3,412.50
1,500.00
1,601.88
109.50
225.71
400.00
496.23
186.95
276.00
142.23
699.28
165.75
8,603.88
2,719.30
2,000.00
343.23
460.00
397.19
704.69
18,581.20
121.87
16,606.63
34,947.20
158.24
1,463.00
36,470.81
19,339.00
1,116.00
877.66
2,445.75
5,193.27
210.17
14,995.35
24,149.28
92,012.80
1,790.50
2,760.00
330.00
12,822.52
33,288.18
14,193.38
10/12/2023 4:24:40 PM Page 1 of 4
2764 S-1902 SAN DIEGO GAS AND ELECTRIC 10/12/2023
2765 S-2319 SCA OF CA, LLC 10/12/2023
2766 S-1904 SOUTHERN CALIFORNIA EDISON 10/12/2023
2761 C-1003 ORANGE COUNTY TREASURER-TAX COLLECTOR 10/12/2023 2762 P-1804 PATROL ONE 10/12/2023
2763 R-1977 RJ ELECTRIC 10/12/2023
2758 J-1057 JAMEY CLARK, INC. 10/12/2023
2759 M-1302 MOULTON NIGUEL WATER DISTRICT 10/12/2023
2760 N-1474 NIEVES LANDSCAPE, INC. 10/12/2023
2755 D-0578 DE NOVO PLANNING GROUP 10/12/2023
2756 G-0862 GRANICUS 10/12/2023
2757 I-0942 IRVINE RANCH WATER DISTRICT 10/12/2023
2752 C-0362 CITY OF LAKE FOREST 10/12/2023
2753 C-1190 COUNTY OF ORANGE 10/12/2023
2754 D-0461 DATA TICKET, INC. 10/12/2023
2749 A-0360 ARC DOCUMENT SOLUTIONS, LLC 10/12/2023
2750 C-1133 CALIFORNIA YELLOW CAB 10/12/2023
2751 C-1144 CHARLES ABBOTT ASSOCIATES, INC 10/12/2023
2746 U-2165 UNDERGROUND SERVICE ALERT OF SO CALIFORNIA 10/09/2023 2747 V-2251 VIZUAL SYMPHONY, INC. 10/09/2023
2748 W-2337 WEST COAST ARBORISTS, INC. 10/09/2023
2743 S-2250 SPARKLETTS 10/09/2023
2744 T-2698 TPX COMMUNICATIONS 10/09/2023
2745 T-2677 TRUELINE CONSTRUCTION & SURFACING, INC. 10/09/2023 2740 S-2324 SIMONE, DEAN 10/09/2023
2741 S-1949 SMART AND FINAL 10/09/2023
2742 S-2323 SOUTH COAST FAMILY MEDICAL CENTER, INC. 10/09/2023 2737 R-1985 REGIONAL FIRST AID, INC 10/09/2023
2738 R-1977 RJ ELECTRIC 10/09/2023
2739 S-2296 SHUTE, MIHALY WEINBERGER LLP 10/09/2023
2734 P-1846 PRIDESTAFF, INC. 10/09/2023
2735 P-1832 PRINTEX PRINTING AND GRAPHICS INC. 10/09/2023 2736 P-1840 PVP COMMUNICATIONS 10/09/2023
2731 M-1606 MTM YEE CORP 10/09/2023
2732 N-1493 NEXUSTEK 10/09/2023
2733 O-1500 ORANGE COUNTY REGISTER 10/09/2023
2728 J-1057 JAMEY CLARK, INC. 10/09/2023
2729 L-1383 LABOR LAW POSTER SERVICE LLC 10/09/2023
2730 M-1388 MOBILE MINI, INC. 10/09/2023
2725 G-0869 GIDDY UP RANCH 10/09/2023
2726 G-0868 GLASER WEIL 10/09/2023
2727 J-1091 JAMES KELLY 10/09/2023
2722 C-1122 CROSSTOWN ELECTRICAL AND DATA, INC. 10/09/2023 2723 D-0582 DHT LABS 10/09/2023
2724 E-0504 EL TORO WATER DISTRICT 10/09/2023
2719 C-1139 COMPLETE OFFICE OF CALIFORNIA 10/09/2023
2720 C-1008 COUNTY OF ORANGE, NPDES 10/09/2023
2721 C-0023 COX COMMUNICATION 10/09/2023
2716 C-0333 CALIF PARK AND REC SOCIETY, INC. 10/09/2023 2717 C-1210 CASKEY, DONALD W 10/09/2023
2718 C-1021 CIVIC SOLUTIONS, INC. 10/09/2023
Payment Type: Regular
2714 A-0138 ALL CITY MANAGEMENT, INC. 10/09/2023
2715 B-0304 BEE MAN, THE 10/09/2023
Warrant Register - October 24, 2023
City of Laguna Hills, CA By Check Number
Date Range: 10/03/2023 - 10/12/2023
Check Number Vendor Number Vendor Name Payment Date

4.4.a
Packet Pg. 26
Attachment: Warrant Register - October 24, 2023 (3338 : Warrant Register, October 24, 2023) Payment Amount
948.91
860.44
1,328.00
34,999.91
44,054.17
520,682.12
10/12/2023 4:24:40 PM Page 2 of 4
2770 R-1801 WOODRUFF 10/12/2023
2771 W-2452 WSP USA ENVIRONMENT AND INFRASTRUCTURE INC 10/12/2023 Total Regular:
2767 O-1575 SOUTHERN CALIFORNIA NEWS GROUP 10/12/2023
2768 V-2224 VERIZON WIRELESS 10/12/2023
2769 W-2337 WEST COAST ARBORISTS, INC. 10/12/2023
Warrant Register - October 24, 2023 Date Range: 10/03/2023 - 10/12/2023 Check Number Vendor Number Vendor Name Payment Date

4.4.a
Packet Pg. 27
Attachment: Warrant Register - October 24, 2023 (3338 : Warrant Register, October 24, 2023) Payment Amount
872,093.53
10,500.00
84 60 0.00 1,403,275.65
10/12/2023 4:24:40 PM Page 3 of 4
Bank Drafts 2 2 0.00 882,593.53
EFT's 0 0 0.00 0.00
Manual Checks 0 0 0.00 0.00
Voided Checks 0 0 0.00 0.00
Total Bank Draft: 882,593.53
Bank Code AP Bank Summary
Payable
Count
Payment
Payment Type Count Discount Payment
Regular Checks 82 58 0.00 520,682.12
Payment Type: Bank Draft
DFT0002590 C-1007 OCSD LAW ENFORCEMENT CONTRACT, OC TREASURER-TAX 10/06/2023 DFT0002598 H-0966 HIGH LEVEL SECURITY SOLUTIONS, INC. 10/11/2023 Warrant Register - October 24, 2023 Date Range: 10/03/2023 - 10/12/2023 Check Number Vendor Number Vendor Name Payment Date

4.4.a
Packet Pg. 28
Attachment: Warrant Register - October 24, 2023 (3338 : Warrant Register, October 24, 2023) 998 POOL 10/2023 1,403,275.65
1,403,275.65
10/12/2023 4:24:40 PM Page 4 of 4
84 60 0.00 1,403,275.65
Fund Summary
Fund Name Period Amount
Bank Drafts 2 2 0.00 882,593.53
EFT's 0 0 0.00 0.00
Manual Checks 0 0 0.00 0.00
Voided Checks 0 0 0.00 0.00
All Bank Codes Check Summary
Payable
Count
Payment
Payment Type Count Discount Payment
Regular Checks 82 58 0.00 520,682.12
Warrant Register - October 24, 2023 Date Range: 10/03/2023 - 10/12/2023

4.4.a
Packet Pg. 29
Attachment: Warrant Register - October 24, 2023 (3338 : Warrant Register, October 24, 2023) Amount
10/09/2023 LABOR LAW POSTER SERVICE LLC A13550247634 Office Supplies, Community Center, Oct '23
100-310-620500 109.50
10/12/2023 4:26:09 PM Page 1 of 4
10/09/2023 MOBILE MINI, INC. 9018967995 Storage Rental, Community Center, 9/27 - 10/24/23
100-310-641000 225.71
10/09/2023 REGIONAL FIRST AID, INC 96287 Office Supplies, Comm Ctr, Aug '23 100-310-620500 165.75 10/09/2023 JAMEY CLARK, INC. 74394 Graffiti Removal, Public Works, Sep 100-355-720500 610.88 10/09/2023 ALL CITY MANAGEMENT, INC. 88122 Crossing Guard Services, 9/17/23 - 9/30/23
100-420-720822 6,495.00
10/09/2023 JAMEY CLARK, INC. 74380 Park Repairs, Public Works, Sep '23 100-355-720701 450.00 10/09/2023 JAMEY CLARK, INC. 74387 Park Repairs, Public Works, Sep '23 100-355-720701 202.50 10/09/2023 RJ ELECTRIC 62302 Parks Contract Repair, Sep '23 100-355-720701 2,835.18 10/09/2023 JAMEY CLARK, INC. 74370 Park Repairs, Public Works, Sep '23 100-355-720701 338.50 10/09/2023 RJ ELECTRIC 62157 Heritage Day, Sep '23 100-310-695531 2,150.00 10/09/2023 RJ ELECTRIC 62269 Parks Contract Repair, Sep '23 100-355-720701 3,618.70 10/09/2023 SPARKLETTS 4228482 100623 Operating Supplies, Sep '23 100-195-622000 397.19 10/09/2023 CROSSTOWN ELECTRICAL AND DATA,
INC.
4296-23-009 Traffic Signal Maintenance, Sep '23 100-356-720420 3,644.70 10/09/2023 SMART AND FINAL 3831400023705 Operating Supplies, Sep '23 100-155-622000 163.14 10/09/2023 COMPLETE OFFICE OF CALIFORNIA 4087726-0 Computer Supplies, Oct '23 100-195-621000 1,153.25 10/09/2023 NEXUSTEK 307339 Professional Services, Software Support, Sep '23
100-195-720050 496.23
10/09/2023 SMART AND FINAL 3831400022903 Heritage Day, Sep '23 100-310-695531 180.09 10/09/2023 SHUTE, MIHALY WEINBERGER LLP 283060 Professional Services, Legal, Aug '23 100-155-700011 2,719.30 10/09/2023 PRIDESTAFF, INC. 301701417 Temporary Staffing, Sep '23 100-225-720512 276.00 10/09/2023 PRINTEX PRINTING AND GRAPHICS
INC.
24883 Heritage Day, Sep '23 100-310-695531 142.23
10/09/2023 GLASER WEIL 279316 Professional Services Legal, Sep '23 100-155-700011 3,412.50 10/09/2023 WEST COAST ARBORISTS, INC. 205117 Tree Trimming Services, Sep '23 100-355-720702 9,556.95 10/09/2023 TRUELINE CONSTRUCTION &
SURFACING, INC.
2373 Parks Contract Repair, Sep '23 100-355-720701 18,581.20 10/09/2023 SOUTH COAST FAMILY MEDICAL
CENTER, INC.
1929 Recruitment, Aug '23 100-195-617000 460.00
10/09/2023 WEST COAST ARBORISTS, INC. 205116 Tree Trimming Services, Sep '23 100-355-720702 25,390.25 10/09/2023 MTM YEE CORP 1665 Heritage Day, Sep '23 100-310-695531 400.00 10/09/2023 TPX COMMUNICATIONS 174620222-0 Communications Expense, Oct '23 100-195-630000 704.69 10/09/2023 PVP COMMUNICATIONS 133617 Equipment Maint & Repair, Oct '23 100-420-646000 322.17 10/09/2023 VIZUAL SYMPHONY, INC. 14136 AV Upgrade, Heritage Room, Sep '23 100-310-910500 16,606.63 10/09/2023 BEE MAN, THE 125327 Bee Removal, Public Works, Sep '23 100-355-720701 155.00 10/09/2023 PVP COMMUNICATIONS 133616 Equipment Maint & Repair, Oct '23 100-420-646000 377.11 10/09/2023 CIVIC SOLUTIONS, INC. 102400 General Planning Services, Aug '23 100-225-700200 981.50 10/09/2023 JAMES KELLY 1124 Heritage Day, Sep '23 100-310-695531 1,500.00 10/09/2023 EL TORO WATER DISTRICT 100923 Water Usage, Public Works, Aug '23 100-355-635000 17,515.06 10/09/2023 CIVIC SOLUTIONS, INC. 102399 General Planning Services, Aug '23 100-225-700200 226.50 10/09/2023 CASKEY, DONALD W 100923 Travel Reimbursement, LOCC, Sep 100-155-612001 513.91 10/09/2023 SIMONE, DEAN 100923 Heritage Day, Sep '23 100-310-695531 2,000.00 10/09/2023 COX COMMUNICATION 092823 WiFi, Community Center, Oct '23 100-195-630000 224.25 10/09/2023 CALIF PARK AND REC SOCIETY, INC. 100323 Membership, Community Services, 100-310-610000 145.00 10/09/2023 GIDDY UP RANCH 092323a Heritage Day, Sep '23 100-310-695531 4,000.00 10/09/2023 ORANGE COUNTY REGISTER 092523 Subscription, City Hall, 10/23/23 - 4/22/24
100-155-626000 186.95
10/09/2023 COX COMMUNICATION 091823 Cable, City Hall, Sep '23 100-195-630000 32.14 10/09/2023 COX COMMUNICATION 091923 WiFi, City Hall, Sep '23 100-195-630000 182.62 Fund: 100 - GENERAL FUND
10/06/2023 OCSD LAW ENFORCEMENT

CONTRACT, OC TREASURER-TAX
SH 66538 Law Enforcement Services, Oct '23 100-420-720800 872,093.53 10/09/2023 COX COMMUNICATION 081823 Cable, City Hall, Aug '23 100-195-630000 32.14 Payables Detail Report
City of Laguna Hills, CA By Fund
Payment Dates 10/03/2023 - 10/12/2023
Payment Date Vendor Name Payable Number Description (Payable) Account Number

4.4.b
Packet Pg. 30
Attachment: Payables Detail Report - October 24, 2023 (3338 : Warrant Register, October 24, 2023) Amount
Fund 451 - LIABILITY SELF-INSURANCE Total: 285.60
Grand Total: 1,403,275.65
10/12/2023 4:26:09 PM Page 2 of 4
Fund 307 - C & D FORFEITED DEPOSITS Total: 19,339.00
Fund: 451 - LIABILITY SELF-INSURANCE
10/12/2023 WOODRUFF 74690 Professional Services Legal, Aug '23 451-155-700011 285.60 Fund 221 - SENIOR MOBILITY PROGRAM Total: 1,463.00
Fund: 307 - C & D FORFEITED DEPOSITS
10/12/2023 CITY OF LAKE FOREST 1327 MOU LH/LF Franchise Procurement, Jul '23 - Aug '23
307-355-700000 19,339.00
Fund 212 - MEASURE M Total: 68,598.37
Fund: 221 - SENIOR MOBILITY PROGRAM
10/12/2023 CALIFORNIA YELLOW CAB 9406023 Senior Mobility Program, Sep '23 221-310-720000 1,463.00 10/12/2023 SCA OF CA, LLC 133788SP Street Sweeping Services, Sep '23 212-355-720410 16,570.89 10/12/2023 CHARLES ABBOTT ASSOCIATES, INC 66442 Road Maintenance, Sep '23 212-355-720400 35,188.32 10/09/2023 UNDERGROUND SERVICE ALERT OF

SO CALIFORNIA
920230379 Street Maintenance, Sep '23 212-355-720400 85.25 10/12/2023 SCA OF CA, LLC 133580SP Street Sweeping Services, Aug '23 212-355-720410 16,717.29 Fund 100 - GENERAL FUND Total: 1,313,589.68
Fund: 212 - MEASURE M
10/09/2023 UNDERGROUND SERVICE ALERT OF

SO CALIFORNIA
23-241035 Street Maintenance, Sep '23 212-355-720400 36.62 10/12/2023 ORANGE COUNTY TREASURER-TAX

COLLECTOR
SEP 23 Parking Fee Surcharge, Sep '23 100-420-720823 1,790.50 10/12/2023 COUNTY OF ORANGE SH 66566 Fingerprint ID System Charges, Oct 100-420-720835 1,116.00 10/12/2023 VERIZON WIRELESS 9945321760 Communication Expense, Sep '23 100-195-630000 860.44 10/12/2023 WSP USA ENVIRONMENT AND

INFRASTRUCTURE INC
S64114005 Professional Services, NPDES
Support, Aug '23
100-355-700000 44,054.17
10/12/2023 NIEVES LANDSCAPE, INC. 75708 Monthly and Misc Landscape, Sep 100-355-720700 390.10 10/12/2023 NIEVES LANDSCAPE, INC. 75709 Monthly and Misc Landscape, Sep 100-355-720700 388.20 10/12/2023 NIEVES LANDSCAPE, INC. 75706 Monthly and Misc Landscape, Sep 100-355-720700 946.00 10/12/2023 NIEVES LANDSCAPE, INC. 75707 Monthly and Misc Landscape, Sep 100-355-720700 1,953.81 10/12/2023 WOODRUFF 74690 Professional Services Legal, Aug '23 100-225-700012 1,433.40 10/12/2023 NIEVES LANDSCAPE, INC. 75471 Monthly and Misc Landscape, Sep 100-355-720700 88,334.69 10/12/2023 WOODRUFF 74690 Professional Services Legal, Aug '23 100-155-700010 26,831.79 10/12/2023 WOODRUFF 74690 Professional Services Legal, Aug '23 100-155-700011 6,449.12 10/12/2023 JAMEY CLARK, INC. 74415 Graffiti Removal, Public Works, Sep 100-355-720500 585.00 10/12/2023 JAMEY CLARK, INC. 74416 Park Repairs, Public Works, Oct '23 100-355-720701 1,138.50 10/12/2023 JAMEY CLARK, INC. 74406 Graffiti Removal, Public Works, Oct 100-355-720500 721.85 10/12/2023 JAMEY CLARK, INC. 74407 Graffiti Removal, Public Works, Oct 100-355-720500 12,550.00 10/12/2023 RJ ELECTRIC 62335 Parks Contract Repair, Oct '23 100-355-720701 330.00 10/12/2023 CHARLES ABBOTT ASSOCIATES, INC 66442 - A (Parks) Parks Contract Repair, Sep '23 100-355-720701 1,282.49 10/12/2023 DE NOVO PLANNING GROUP 3997 Hazard Mitigation Plan, Sep '23 100-355-700300 1,245.75 10/12/2023 PATROL ONE 528363 Heritage Day, Sep '23 100-310-695531 2,760.00 10/12/2023 WEST COAST ARBORISTS, INC. 1-9362 Tree Trimming Services, Sep '23 100-355-720702 1,328.00 10/12/2023 DE NOVO PLANNING GROUP 3933 Hazard Mitigation Plan, Aug '23 100-355-700300 1,200.00 10/12/2023 DATA TICKET, INC. 156918 Process Fee, Parking Citations, Sep 100-420-720823 877.66 10/12/2023 GRANICUS 172243 Agenda Software, 10/1/23 - 100-195-720050 5,193.27 10/12/2023 SAN DIEGO GAS AND ELECTRIC 100323 Street Lights, Traffic Control, Sep '23 100-356-631400 12,822.52 10/12/2023 ARC DOCUMENT SOLUTIONS, LLC 12248120 Printing Services, Engineering, Sep 100-355-623000 158.24 10/12/2023 SOUTHERN CALIFORNIA EDISON 100223 - Acct #700234509668 Street Lights, Traffic Control, Sep '23 100-356-631400 13,318.64 10/12/2023 IRVINE RANCH WATER DISTRICT 100323 Water Usage, Public Works, Oct '23 100-355-635000 210.17 10/12/2023 MOULTON NIGUEL WATER DISTRICT 092823 Water Usage, Public Works, Sep '23 100-355-635000 24,149.28 10/12/2023 SOUTHERN CALIFORNIA EDISON 100223 - Acct #700234509668 Street Lights, Traffic Control, Sep '23 100-355-631000 874.74 10/11/2023 HIGH LEVEL SECURITY SOLUTIONS,
INC.
5651 Private Security Patrol, 9/18/23 -
10/8/23
100-420-720850 10,500.00
10/12/2023 SOUTHERN CALIFORNIA NEWS 0000574112 Legal Advertising, Sep '23 100-155-624001 948.91 10/09/2023 COUNTY OF ORANGE, NPDES PW240128 Watershed Monitoring, FY 23/24 100-355-696000 37,716.05 10/09/2023 COUNTY OF ORANGE, NPDES PW240203 Newport Bay, Watershed Monitoring 100-355-696000 6,931.44 Payables Detail Report Payment Dates: 10/03/2023 - 10/12/2023 Payment Date Vendor Name Payable Number Description (Payable) Account Number 10/09/2023 DHT LABS INV-000003 Computer Consulting, Sep '23 100-195-700090 225.00

4.4.b
Packet Pg. 31
Attachment: Payables Detail Report - October 24, 2023 (3338 : Warrant Register, October 24, 2023) Grand Total: 1,403,275.65 1,403,275.65
10/12/2023 4:26:09 PM Page 3 of 4
221-310-720000 Contract Services 1,463.00 1,463.00
307-355-700000 Professional Services 19,339.00 19,339.00 451-155-700011 Legal Services-Litigation 285.60 285.60
100-420-720850 Private Security Patrol 10,500.00 10,500.00 212-355-720400 Street Maintenance 35,310.19 35,310.19
212-355-720410 Street Sweeping 33,288.18 33,288.18
100-420-720822 Crossing Guard Services 6,495.00 6,495.00 100-420-720823 Parking Citation Processing 2,668.16 2,668.16 100-420-720835 Fingerprint Identification Svc 1,116.00 1,116.00 100-356-720420 MOE Traffic Signal Maintenance 3,644.70 3,644.70 100-420-646000 Maint & Rep-Equip & Machinery 699.28 699.28 100-420-720800 General Law Enforcement 872,093.53 872,093.53 100-355-720701 Parks Contract Repair 28,932.07 28,932.07 100-355-720702 Tree Maintenance 36,275.20 36,275.20
100-356-631400 MOE Electricity-Streetlights & 26,141.16 26,141.16 100-355-700300 Hazard Mitigation Plan 2,445.75 2,445.75 100-355-720500 Graffiti Removal 14,467.73 14,467.73
100-355-720700 Landscape Maintenance Contract 92,012.80 92,012.80 100-355-635000 Utilities - Water 41,874.51 41,874.51
100-355-696000 NPDES Permits & Fees 44,647.49 44,647.49 100-355-700000 Professional Services 44,054.17 44,054.17 100-310-910500 Equip & Mach-CommCtr 16,606.63 16,606.63 100-355-623000 Printing 158.24 158.24
100-355-631000 Utilities - Electric 874.74 874.74
100-310-620500 Office Supplies - Comm Ctr 275.25 275.25 100-310-641000 Rent/Lease - Equipment 225.71 225.71
100-310-695531 Heritage Day 13,132.32 13,132.32
100-225-700200 General Planning Services 1,208.00 1,208.00 100-225-720512 Contract Staffing Services 276.00 276.00 100-310-610000 Memberships and Dues Expense 145.00 145.00 100-195-700090 Computer Consulting Services 225.00 225.00 100-195-720050 Contract Serv-Software Support 5,689.50 5,689.50 100-225-700012 Legal Services - Community 1,433.40 1,433.40 100-195-621000 Computer Supplies 1,153.25 1,153.25
100-195-622000 Operating Supplies 397.19 397.19
100-195-630000 Telephone & Communication 2,036.28 2,036.28 100-155-700010 Legal Services-General Counsel 26,831.79 26,831.79 100-155-700011 Legal Services-Litigation 12,580.92 12,580.92 100-195-617000 Recruitment 460.00 460.00
100-155-622000 Operating Supplies 163.14 163.14
100-155-624001 Advertising - Legal 948.91 948.91
100-155-626000 Subscriptions & Books 186.95 186.95
Grand Total: 1,403,275.65 1,403,275.65
Account Summary
Account Number Account Name Expense Amount Payment Amount 100-155-612001 Travel - League of CA Cities 513.91 513.91 221 - SENIOR MOBILITY PROGRAM 1,463.00 1,463.00
307 - C & D FORFEITED DEPOSITS 19,339.00 19,339.00
451 - LIABILITY SELF-INSURANCE 285.60 285.60
Report Summary
Fund Summary
Fund Expense Amount Payment Amount
100 - GENERAL FUND 1,313,589.68 1,313,589.68
212 - MEASURE M 68,598.37 68,598.37
Payables Detail Report Payment Dates: 10/03/2023 - 10/12/2023

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Attachment: Payables Detail Report - October 24, 2023 (3338 : Warrant Register, October 24, 2023) 10/12/2023 4:26:09 PM Page 4 of 4
Project Account Key Expense Amount Payment Amount
**None** 1,403,275.65 1,403,275.65
Grand Total: 1,403,275.65 1,403,275.65
Payables Detail Report Payment Dates: 10/03/2023 - 10/12/2023 Project Account Summary

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Attachment: Payables Detail Report - October 24, 2023 (3338 : Warrant Register, October 24, 2023) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: October 24, 2023
TO: Mayor and Council Members
FROM: Eric Hendrickson
Finance Director
ISSUE: Treasurer's Investment Report for September 2023 RECOMMENDATION: That the City Council receive and file the Treasurer's Investment Report for the month of September 2023.

SUMMARY:

The Treasurer’s Investment Report for the month of September 2023 is submitted herewith. The City’s total portfolio as of September 30, 2023, was $27,551,619. The pooled cash portfolio managed by the City Treasurer consisted of cash on hand, demand deposits, State Local Agency Investment Fund (LAIF) and Investment Trust of California (CalTRUST) investments and totaled $25,895,993. Restricted cash and investments totaled $1,655,625, and is mainly comprised of reserve funds for the 2010 bond issuance.

Interest income for the month of September was $89,415. FY 2023/2024 year-to-date pooled cash interest earnings of $274,744 are 58% of the annual budget of $467,910.

The average yield on the City’s total portfolio for the month of September was 4.91%, compared to the prior month of 4.75%. The improvement in portfolio yield in September compared to August was the result of the rising interest rate environment, as dictated by the Federal Reserve, along with City staff maximizing available cash into the higher yielding CalTRUST option.

ATTACHMENTS:
• September 2023 Treasurer's Report

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Attachment: September 2023 Treasurer's Report (3340 : Treasurer's Report for September 2023) Reconciling items (outstanding checks and deposits in transit):

Pooled Cash & Investments Book Value:

Fund Balance Type
Assigned
Unassigned
Total
127,344.77
847,881
20,803,684
21,651,566
GENERAL FUND RESERVES (as of most recent year end 6/30/2023 ‐ currently being audited) 25,895,993.00
456‐000‐101456 Claim on Cash ‐ Storm Drain/Slope Repair Reserve ‐ 31,770.82 31,770.82 TOTAL CLAIM ON CASH 26,695,938.07 (927,289.84) 25,768,648.23 454‐000‐101454 Claim on Cash ‐ Sports Complex Equipment Maint ‐ 120,000.00 120,000.00 455‐000‐101455 Claim on Cash ‐ Community Center Equipment Ma ‐ 120,000.00 120,000.00 451‐000‐101451 Claim on Cash ‐ Liability Self‐Insurance ‐ 210,029.87 210,029.87 452‐000‐101452 Claim on Cash ‐ Parks Equipment Maintenance ‐ 365,700.00 365,700.00 411‐000‐101401 Claim on Cash ‐ Public Art Fund 344,353.56 ‐ 344,353.56 421‐000‐101421 Claim on Cash ‐ Law Enforcement ‐ State 2,100.25 ‐ 2,100.25 322‐000‐101322 Claim on Cash ‐ Water Conservation 352,753.22 ‐ 352,753.22 401‐000‐101401 Claim on Cash ‐ Public Art Fund 197,333.88 ‐ 197,333.88 311‐000‐101310 Claim on Cash ‐ Quimby ACT Park Impact Fee 2,053,640.48 ‐ 2,053,640.48 312‐000‐101312 Claim on Cash ‐ SB1186 ADA Compliance 31,458.30 ‐ 31,458.30 306‐000‐101306 Claim on Cash ‐ CR&R Recycling Fee 244,088.72 (8,524.94) 235,563.78 307‐000‐101307 Claim on Cash ‐ C&D Forfeited Deposits ‐ 33,595.27 33,595.27 301‐000‐101301 Claim on Cash ‐ CARITS 1,310,716.79 ‐ 1,310,716.79 305‐000‐101305 Claim on Cash ‐ Beverage Recycling 8,777.88 ‐ 8,777.88 214‐000‐101214 Claim on Cash ‐ AB 2766 138,213.83 ‐ 138,213.83 221‐000‐101221 Claim on Cash ‐ Senior Mobility Program 213,291.74 7,315.84 220,607.58 211‐000‐101211 Claim on Cash ‐ SB1 RMRA 707,554.42 66,004.56 773,558.98 212‐000‐101212 Claim on Cash ‐ Measure M (197,382.75) 20,201.51 (177,181.24)

CLAIM ON CASH
100‐000‐101100 Claim on Cash ‐ General Fund 19,325,783.41 (1,011,258.82) 18,314,524.59 210‐000‐101210 Claim on Cash ‐ Gas Tax 1,081,130.39 ‐ 1,081,130.39 Pooled Cash Report
City of Laguna Hills, CA
For the Period Ending 9/30/2023

BEGINNING

BALANCE

CURRENT

ACTIVITY

CURRENT
BALANCE ACCOUNT # ACCOUNT NAME

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Attachment: September 2023 Treasurer's Report (3340 : Treasurer's Report for September 2023)

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Attachment: September 2023 Treasurer's Report (3340 : Treasurer's Report for September 2023) 10/16/23, 9:21 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
October 16, 2023
LAIF Home
PMIA Average Monthly
Yields

CITY OF LAGUNA HILLS

CITY MANAGER
24035 EL TORO ROAD
LAGUNA HILLS, CA 92653
Account Number:

September 2023 Statement
Tran Type Definitions
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
9/6/2023 9/5/2023 RW ERIC HENDRICKSON -1,000,000.00
9/22/2023 9/21/2023 RW ERIC HENDRICKSON -250,000.00
9/29/2023 9/28/2023 RD ERIC HENDRICKSON 800,000.00
Account Summary
Total Deposit: 800,000.00 Beginning Balance: 6,185,664.22 Total Withdrawal: -1,250,000.00 Ending Balance: 5,735,664.22

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Attachment: September 2023 Treasurer's Report (3340 : Treasurer's Report for September 2023)

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Attachment: September 2023 Treasurer's Report (3340 : Treasurer's Report for September 2023) Current Period Year-to-Date
Go Paperless.Securely access your accounts online to view your statements. Ask your BNY Mellon contact how we can help you accessyour account balances and activity in real time, receive your reports, enter your own transactions or submit an auditconfirmation online. Also be sure to ask how NEXEN(SM) Gateway, our new cloud-based ecosystem, can help you.Visit us at www.bnymellon.com CLIENT SERVICE MANAGER: JOHN KIM
Percent of all
Investments Asset Classification Market Value
100% TOTAL OF ALL INVESTMENTS 408,237.17
Estimated Market
Asset Classification Market Value Cost Accrued Income Annual Income Yield ACCOUNT TOTALS 408,237 .17 408,237 .17 0.00 20,286.80 4.97 % Realized
Transaction Category Income Principal Gains/Losses Income PrincipalOPENING BALANCE 0.00 0.00 0.00 0.00 Account Statement
Account Overview
Summary of Assets Held by Asset ClassificationSummary of Cash Transactions by Transaction Category Statement Period 09/01/2023 Through 09/30/2023Account Base Currency = USDLAGUNA HILLS 2010 RESERVE FDBNYM COPORATE TRUST, N.A333 S. HOPE ST. STE 2525LOS ANGELES, CA [email protected] 100% CASH AND SHORT TERM 408,237.17
CASH AND SHORT TERM 408,237 .17 408,237 .17 0.00 20,286.80 4.97 % DIVIDENDS 1,710.93 0.00 0.00 8,770.59 0.00OTHER CASH ADDITIONS 0.00 1,710.93 0.00 0.00 406,897 .39 OTHER CASH DISBURSEMENTS 1,710.93 - 0.00 0.00 8,770.59 - 0.00PURCHASES 0.00 1,710.93 - 0.00 0.00 406,897 .39 -

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e 000468 n 002422 a 02 t DOM i PD s 5,129

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Attachment: September 2023 Treasurer's Report (3340 : Treasurer's Report for September 2023)

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Attachment: September 2023 Treasurer's Report (3340 : Treasurer's Report for September 2023) September 3.534
August 3.434
July 3.305**
June 3.167
May 2.993
April 2.870
LAIF Apportionment Rate(2): 3.15
LAIF Earnings Ratio(2): 0.00008636172883763
LAIF Administrative Cost(1)*: 0.06
PMIA Average Life(1): 260
LAIF Fair Value Factor(1): 0.984828499
PMIA Daily(1): 3.26
PMIA Quarter to Date(1): 3.01
Treasuries

59.91%
Agencies

24.30%
Certificates of
Deposit/Bank Notes

7.59%
Time
Deposits

3.10%
Commercial
Paper

4.61%
Corporate
Bonds

0.26%
Loans

0.23%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a). *The percentage of administrative cost equals the total administrative cost divided by the quarterly interest earnings. The law provides that administrative costs are not to exceed 5% of quarterly EARNINGS of the fund. However, if the 13-week Daily Treasury Bill Rate on the last day of the fiscal year is below 1%, then administrative costs shall not exceed 8% of quarterly EARNINGS of the fund for the subsequent fiscal year. ** Revised
Source:
(1) State of California, Office of the Treasurer
(2) State of Calfiornia, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 10/11/23
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 06/30/23
Chart does not include $2,496,000.00 in mortgages, which equates to 0.002%. Percentages may not total 100% due to rounding.

Pooled Money Investment Account
Monthly Portfolio Composition (1)
08/31/23
$168.1 billion

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Attachment: September 2023 Treasurer's Report (3340 : Treasurer's Report for September 2023) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: October 24, 2023
TO: Mayor and Council Members
FROM: Gregory E. Simonian
City Attorney
ISSUE: Appointment of Labor Negotiator
RECOMMENDATION: That the City Council, pursuant to Government Code Section 54957.6, select and appoint Mayor Heft to serve as the Council's designated representative for purposes of: (A) Facilitating the Annual Performance Evaluation of the City Manager; and (B) Conducting Labor Negotiations with the City Manager, an unrepresented employee.

SUMMARY:

State law authorizes the City Council to hold closed sessions with the City's designated labor representative regarding the compensation of unrepresented employees, such as the City Manager; however, prior to the closed session the City Council is required to hold an open session in which the Council's labor representative is identified and designated. Historically, the City Council has assigned the responsibility for facilitating the annual performance evaluation of the City Manager and for conducting labor negotiations with the City Manager to a qualified labor consultant or to the Mayor.

Pursuant to Government Code Section 54957.6, it is recommended that the City Council select and appoint Mayor Heft to serve as the City Council's designated representative for purposes of (a) facilitating the annual performance evaluation of the City Manager and (b) conducting labor negotiations with the City Manager, an unrepresented employee.

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Appointment of Labor Negotiator
October 24, 2023

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BACKGROUND:

A closed session meeting of the City Council has been scheduled for October 24, 2023, for the purpose of (a) commencing the process for conducting the annual performance evaluation of the City Manager and (b) allowing the City Council to determine the criteria for such evaluation, the process and procedures for conducting the evaluation, and for discussing other preliminary matters concerning how the annual performance evaluation should be conducted. The annual city manager performance evaluation is expected to be completed during closed session on November 14, 2023; however, it may be continued thereafter as scheduled until completed.

DISCUSSION:

Government Code Section 54957 authorizes closed session meetings for the purpose of conducting a public employee performance evaluation. According to state law, evaluation of performance is not limited to a comprehensive review of the employee's performance, but may include examination of particular instances of job performance. It may also include consideration of the criteria for such evaluation, the process for conducting the evaluation, and other preliminary matters to the extent those matters constitute an exercise of the City Council's discretion in evaluating a particular employee and actions relating to a finding that the evaluation is satisfactory.

Government Code Section 54957.6 authorizes the City Council to convene in closed session with its designated representative regarding the salary and compensation of unrepresented employees. The City Council has the option of convening in closed session with its designated labor representative for the purpose of reviewing its position and instructing the Council's designated representative with respect to conducting labor negotiations with the City Manager, an unrepresented employee. Closed sessions authorized by Government Code Section 54957.6 are for the limited purpose of allowing the City Council to review its position and to give instruction to the Council's designated labor negotiator. To do so, however, the City Council must place the appointment of a labor negotiator on the open and public session of the agenda and select a labor negotiator prior to convening in closed session to review its position and prior to giving instruction to its designated representative. The City Council is required by law to take “final action” on proposed changes to salary or compensation of the City Manager, if any, in open session.

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Appointment of Labor Negotiator
October 24, 2023

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ALTERNATIVES:

The City Council has the option of designating and appointing a representative for purposes of conducting labor negotiations with the City Manager, an unrepresented employee, as part of the annual review process; however, the City Council is not legally required to do so.

FISCAL IMPACT:

There is no fiscal impact if the City Council appoints one member of the Council to facilitate the annual performance review and to serve as the Council's designated labor representative.

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City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: October 24, 2023
TO: Mayor and Council Members
FROM: Jennifer Lee
City Clerk
ISSUE: Second Reading & Adoption of Proposed Ordinance Adding Chapter 3-36 (Informal Bidding - Public Projects) to Title 3 (Revenue and Finance) of the Laguna Hills Municipal Code to Provide Informal Bidding Procedures in Accordance with the Uniform Public Construction Cost Accounting Act RECOMMENDATION: That the City Council: 1) Adopt an Ordinance entitled: “AN ORDINANCE OF THE CITY OF LAGUNA HILLS, CALIFORNIA, ADDING CHAPTER 3-36 (INFORMAL BIDDING - PUBLIC PROJECTS) TO TITLE 3 (REVENUE AND FINANCE) OF THE

LAGUNA HILLS MUNICIPAL CODE TO PROVIDE INFORMAL BIDDING PROCEDURES IN ACCORDANCE WITH THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT"; and 2) Authorize the Mayor to execute the Ordinance.

SUMMARY:

The proposed ordinance will add Chapter 3-36 (Informal Bidding – Public Projects) to Title 3 (Revenue and Finance) of the Laguna Hills Municipal Code defining the process and procedures for an alternative bidding procedure for public projects exceeding $5,000.in accordance with the California Uniform Public Construction Cost Accounting Act. (Public Contract Code Sections 22030 to 22045)
A copy of the proposed Ordinance and the Staff Report for the introduction of the Ordinance, including attachments, are included as attachments to this report. The City Council introduced the Ordinance by a vote of 5-0 on October 10, 2023. It is now in order to adopt the Ordinance and to authorize the Mayor to sign the Ordinance.

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Second Reading & Adoption of Proposed Ordinance for Informal Bidding Procedures October 24, 2023

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ATTACHMENTS:
• Proposed Ordinance Adding Chapter 3-36 (Informal BIidding - Public Projects) to the LHMC
• October 10, 2023, Ordinance Introduction Staff Report Including Attachments

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1791760.2
ORDINANCE NO. 2023-X

AN ORDINANCE OF THE CITY OF LAGUNA HILLS,
CALIFORNIA, ADDING CHAPTER 3-36 (INFORMAL
BIDDING – PUBLIC PROJECTS) TO TITLE 3 (REVENUE

AND FINANCE) OF THE LAGUNA HILLS MUNICIPAL CODE

TO PROVIDE INFORMAL BIDDING PROCEDURES IN

ACCORDANCE WITH THE UNIFORM PUBLIC

CONSTRUCTION COST ACCOUNTING ACT

THE CITY COUNCIL OF THE CITY OF LAGUNA HILLS, CALIFORNIA, DOES HEREBY FIND AND DETERMINE AS FOLLOWS:

WHEREAS, Chapter 3-08 (Purchasing) of Title 3 (Revenue and Finance) of the Laguna Hills Municipal Code does not apply to public projects; and WHEREAS, the Local Agency Public Construction Act (California Public Contract Code sections 20100 to 20929) sets forth regulations, policies, and procedures for the solicitation and award of contracts for public projects; and WHEREAS, the Local Agency Public Construction Act requires any public project valued at more than $5,000 to be contracted for and let to the lowest responsible bidder utilizing a formal process including a publication of a notice inviting bids and the award of contract by the City Council; and
WHEREAS, the Uniform Public Construction Cost Accounting Act (California Public Contract Code section 22000 to 22045); however, provides an alternative procurement method for certain public projects, which public entities may elect to become subject to; and
WHEREAS, on April 28, 1992, the City Council previously adopted Resolution 92-04-28-6 electing to become subject to the Uniform Public Construction Cost Accounting Act, but did not adopt the required informal bidding ordinance governing the selection of contractors to perform public projects pursuant to the Uniform Public Construction Cost Accounting Act; and
WHEREAS, the City now desires to adopt an informal bidding ordinance governing the selection of contractors to perform public projects pursuant to the Uniform Public Construction Cost Accounting Act pursuant to Section 22034 of the California Public Contract Code.

THE CITY COUNCIL OF THE CITY OF LAGUNA HILLS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by reference.

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SECTION 2. Chapter 3-36 (Informal Bidding – Public Projects) is hereby added to Title 3 (Revenue and Finance) of the Laguna Hills Municipal Code to read as follows:

Chapter 3-36
INFORMAL BIDDING – PUBLIC PROJECTS
Sections:
3-36.010 Public project defined.
3-36.020 Contracting procedures, dollar amount limitations, and authority. 3-36.030 Contractors list.
3-36.040 Notice inviting informal bids.
3-36.050 Execution of change orders.
3-36.060 Emergencies.
3-36.070 Informal bids received in excess of $200,000.
3-36.010 Public project defined.

A. For purposes of this chapter, the term “public project” shall have the same meaning as set forth in the Uniform Public Construction Cost Accounting Act ("Act") (Public Contract Code § 22000 et seq.), as may be amended from time to time, which is defined in relevant part as follows:

1. Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility; and,

2. Painting or repainting of any publicly owned, leased, or operated facility; B. The term “public project" does not include maintenance work. "Maintenance work" includes all of the following:

1. Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes;

2. Minor repainting;

3. Resurfacing of streets and highways at less than one inch; and,

4. Landscape, maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.

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3-36.020 Contracting procedures, dollar amount limitations, and authority.

A. A public project of $60,000 or less (or the current amount specified in Section 22032(a) of the Public Contract Code, if different) may be performed by the employees of the City by force account, by negotiated contract, or by purchase order.

B. A public project of $200,000 or less (or the current amount specified in Section 22032(b) of the Public Contract Code, if different) may be let to contract by informal bidding procedures in accordance with Public Contract Code sections 22030 et seq. and as set forth in this chapter. A public project of more than $200,000 (or the current amount specified in Section 22032(b) of the Public Contract Code if different) shall be let to contract by formal bidding procedure in accordance with Public Contract Code sections 20160 to 20174 and 22037 to 22039.

C. The City Manager is authorized to award and execute contracts for public projects of $60,000 or less pursuant to the informal bidding procedures set forth in this chapter, provided there exists an unencumbered appropriation in the approved budget against which such procurement may be charged. City Council approval is required for the award and execution of all contracts for public projects pursuant to this chapter of more than $60,000.
3-36.030 Contractors list.

The City Manager or the City Manager’s designee may develop and maintain a list of qualified contractors, identified according to categories of work in accordance with the minimum criteria determined by the California Uniform Construction Cost Accounting Commission ("Commission").
3-36.040 Notice inviting informal bids.

A. Where a public project is subject to the informal bidding procedures of this chapter, a notice inviting informal bids shall be provided to contractors in accordance with either paragraph (1) and/or (2) below. If the City does not maintain a list of qualified contractors pursuant to Section 3-36.030, the notice inviting informal bids shall only be provided to contractors in accordance with paragraph (2) below.

1. A notice inviting informal bids may be mailed, faxed, or emailed not less than ten (10) calendar days before bids are due to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 3-36.030.

2. A notice inviting informal bids may be mailed, faxed, or emailed not less than ten (10) calendar days before bids are due to all appropriate construction trade journals as specified by the Commission. Additional contractors and/or construction trade journals may be notified at the discretion of the City Manager or the City Manager’s designee.

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B. The notice inviting informal bids shall: (1) describe the project in general terms; (2) explain how to obtain more detailed information about the proposed public project; and (3) state the time, date and location for the submission of bids.

C. If the product or service required to be performed is, at the discretion of the City Manager, determined to be proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors. (Public Contract Code Section 22034(a)(1)).
3-36.050 Execution of change orders.

The City Manager shall have the authority to approve change orders to contracts for public projects awarded pursuant to the informal bidding procedures of this chapter in accordance Chapter 3-28 of the Laguna Hills Municipal Code. 3-36.060 Emergencies.

A. In cases of emergency when repair or replacements are necessary, the City Council may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts.

The work may be done by day labor under the direction of the City Council, by contractor, or by a combination of the two. (Public Contract Code Section 22035).

B. In case of an emergency, if notice for bids to let contracts will not be given, the City shall comply with Chapter 2.5, Part 3, Division 2 of the Public Contract Code (commencing with Section 22050), as may be amended from time to time. 3-36.070 Informal bids received in excess of $200,000.

If all informal bids received are in excess of $200,000, the City Council may, by adoption of a resolution by a 4/5ths vote, award the contract, at $212,500 or less (or the current amount specified in Section 22034(d) of the Public Contract Code, if different) to the lowest responsible bidder, if the City Council determines that the City’s cost estimate was reasonable.

SECTION 3. This Ordinance shall take effect on ____________, 2023, the 31st day following the adoption of this Ordinance by the City Council.

SECTION 4. Public Resources Code § 21065 defines “project” as “an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” The proposed Ordinance does not have the potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, as the Ordinance does not call for any change in the existing environmental conditions within the City. The proposed Ordinance merely provides informal bidding procedures under the Uniform

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Public Construction Cost Accounting Act. Accordingly, the Ordinance is not a "project" subject to CEQA. (Public Resources Code § 21065; CEQA Guidelines §§ 15060(c)(3) and 15378(a).) Even if the Ordinance could be construed to be a project subject to CEQA, the proposed Ordinance is exempt because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (CEQA Guidelines § 15061(b)(3)). The City Clerk shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

SECTION 5. Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the Laguna Hills Municipal Code and any City Council Resolutions or Ordinances, or portions thereof or in conflict therewith.

SECTION 6. In order to opt-in to the Uniform Public Construction Cost Accounting Act, upon adoption of this Ordinance, the City Clerk shall cause a certified copy of Resolution No. 92-04-28-6 and a certified copy of this Ordinance, along with a cover letter, to be filed with the Commission.

SECTION 7. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.

SECTION 8. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

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1791760.2
PASSED, APPROVED, AND ADOPTED this X day of X 2023.
____________________________________

JANINE HEFT, MAYOR
ATTEST:
______________________________________

JENNIFER LEE, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LAGUNA HILLS )
I, Jennifer Lee, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing Ordinance No. 2023-X was duly introduced and placed upon its first reading at a Regular Meeting of the City Council on the X day of X 2023, and that thereafter, said Ordinance was duly adopted and passed at a Regular Meeting of the City Council held on the X day of X 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
(SEAL)
_____________________________________

JENNIFER LEE, CITY CLERK

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1791760.2

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING

CITY OF LAGUNA HILLS ) AND PUBLICATION
JENNIFER LEE, being first duly sworn, deposes and says:

That she is the duly appointed and qualified City Clerk of the City of Laguna Hills;
That in compliance with State Laws of the State of California, ORDINANCE NO. 2023-X, being:

AN ORDINANCE OF THE CITY OF LAGUNA HILLS, CALIFORNIA, X on the X day of X 2023, and on the X day of X 2023, was published in summary in the Saddleback Valley News; and was, in compliance with City Resolution No. 2004-05-25-2, by the X day of X 2023, and the X day of X 2023, caused to be posted in three places in the City of Laguna Hills, to wit:

Laguna Hills City Hall
Laguna Hills Community Center
La Paz Center
_________________________________

JENNIFER LEE, CITY CLERK
Laguna Hills, California

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Attachment: Proposed Ordinance Adding Chapter 3-36 (Informal BIidding - Public Projects) to the LHMC (3331 : Second Reading & Adoption of City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE:

TO:

FROM:

ISSUE:

October 10, 2023
Mayor and Council Members
Joe Ames, P.E., T.E.

Public Works Director/City Engineer
California Uniform Public Construction Cost Accounting Act RECOMMENDATION: That the City Council 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, ADDING CHAPTER 3-36 (INFORMAL BIDDING - PUBLIC PROJECTS) TO TITLE 3 (REVENUE AND FINANCE) OF THE LAGUNA HILLS

MUNICIPAL CODE TO PROVIDE INFORMAL BIDDING PROCEDURES IN ACCORDANCE WITH THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT." SUMMARY:

Currently, any City public project over $5,000 requires formal bidding. The Uniform Public Construction Cost Accounting Act (the “Act”) provides cities with an alternative bidding procedure for public projects exceeding $5,000. (Public Contract Code Sections 22030 to 22045). In order to implement this alternative procedure, the City must 1) adopt a resolution electing to become subject to the Act, and 2) adopt an informal bidding ordinance defining the process and procedures for compliance with the Act. The City previously adopted Resolution Nos. 92-04-28-6 and 92-04-28-7 on April 28, 1992, opting into the Act; however, a subsequent informal bidding ordinance was never adopted.

BACKGROUND:

California law requires general law cities to advertise public projects for competitive bidding if the project costs exceed $5,000. Public projects are defined to include:
construction, reconstruction, erection, alteration, renovation, improvement, demolition,

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and repair work involving any publicly owned, leased, or operated facility. This definition also includes painting or repainting of any publicly owned, leased, or operated facility. (Public Contract Code Section 22002).

The Act became law in 1983 and is set forth in the California Public Contract Code, Sections 22000 through 22045. The Act was enacted to help promote “uniformity of the cost accounting standards and bidding procedures on construction work performed or contracted by public entities in the State.” (Public Contract Code Section 22001). The Act allows public projects of up to a specified dollar amount to be performed by public agency employees by force account, via negotiated contract, or by purchase order, and provides alternative bidding procedures for higher public project contract amounts.

The Act established the California Uniform Construction Cost Accounting Commission (the “Commission”) to develop and update policies and procedures for administering the Act. The Commission periodically updates the dollar thresholds at which a participating public agency may use the public agency’s force account, a negotiated contract, or a purchase order to contract for public project work or at which a participating public agency may contract for public project work using informal bidding procedures.

Alternative Bidding Procedures
The Act provides for alternative bidding procedures which allow for more flexibility in the execution of public projects. When used, the alternative bidding procedures can reduce the award process time, improve the timeliness of project completion, reduce paperwork, and simplify the overall project administration. It also provides governments the right to perform work with its own staff, by negotiated contract, or by purchase order, rather than contracting out the work, per the thresholds set by the Act.

In cities that have not opted into the Act, public projects over $5,000 must be let following a formal bidding process, which requires advertising in the newspapers, construction trade journals, and a 30-day lead time.

Thresholds of the Alternative Bidding Procedures
Currently, the Commission has set the following thresholds for alternative bidding procedures:
• Projects of $60,000 or less may be performed by the agency’s own workforce, negotiated contract or purchase order;

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• Projects of $200,000 or less may be contracted by informal bidding procedures; and • Projects over $200,000 require formal bidding procedures.

These thresholds may change over time, as determined by the Commission. The proposed implementation ordinance mirrors the current thresholds, and delegates contracting authority for projects of $60,000 or less to the City Manager. For projects over $60,000, those projects would still require contract award by the City Council.

Summary of Benefits of the Act
• Greater flexibility
• Prequalified list of contractors
• Anticipated lower costs
• Same approval process
• Significantly faster award times
Most of the benefits of the Act apply to public projects up to $200,000. The Act streamlines the administration and contracting for public projects up to $200,000; currently, all public projects over $5,000 must follow formal bidding procedures that include creating plans and specifications, and advertising in the local newspaper and trade journals for a minimum of 30 days. If the proposed implementation ordinance is adopted, public projects of $60,000 or less could be performed by negotiated contract or purchase order, typically let within a matter of a day or two. Public projects between $60,000 and $200,000 could be solely advertised to the City’s qualified list of contractors or to the construction trade journals for a minimum of 10 days, thereby lessening the lead time for doing the work.

The Commission has published a Frequently Asked Questions document that answers many common questions about the Act, which is attached to this report.

Implementation Requirements
The City already has most of the framework in place. The following items would need to be done in order to implement the Act:

7.3.2 Packet Pg. 546

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Ordinance: On April 28, 1992, the City Council adopted Resolution Nos. 92-04-28-6 and 92-04-28-7 adopting the California Uniform Public Construction Cost Accounting Act procedures. The Resolution was forwarded to the State Controller, and the City is listed among the cities on the Commission’s website as a city implementing the Act.

Therefore, the next step is to adopt an ordinance implementing the provisions of the Act. Upon adoption of the proposed implementing ordinance, the City Clerk would cause a certified copy of Resolution Nos. 92-04-28-6 and 92-04-28-7 and a certified copy of the ordinance, along with a cover letter, to be filed with the Commission.

Qualified List of Contractors: After adoption of the ordinance, the City would need to establish a new list of qualified contracts by mailing, faxing, or e-mailing written notice to a pre-determined list of construction trade journals inviting all contractors to submit their business information to City to be listed on the qualified bidders list for informal bidding purposes only (projects between $60,000 and $200,000). The Commission publishes a Cost Accounting Policies and Procedures Manual to assist public agencies in implementing the Act. The Manual specifies which local trade journals are required to be notified at no charge to the City. The list would be maintained in-house and updated annually.

CEQA FINDINGS:

The proposed ordinance is exempt from the California Environmental Quality Act. Public Resources Code § 21065 defines “project” as “an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” The proposed implementing ordinance does not have the potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, as the ordinance does not call for any change in the existing environmental conditions within the City. The proposed ordinance merely provides informal bidding procedures under the Uniform Public Construction Cost Accounting Act. Accordingly, the ordinance is not a "project" subject to CEQA. (Public Resources Code § 21065; CEQA Guidelines §§ 15060(c)(3) and 15378(a).) Even if the ordinance could be construed to be a project subject to CEQA, the proposed ordinance is exempt because there is no possibility that this ordinance or its implementation would have a significant negative effect on the environment. (CEQA Guidelines § 15061(b)(3)).

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FISCAL IMPACT:

There are no ongoing direct costs in implementing the Act. There are no membership fees or dues to be paid.

ATTACHMENTS:
• Frequently Asked Questions About the Uniform Public Construction Cost Accounting Act
• Proposed Informal Bidding Ordinance - Uniform Public Construction Cost Accounting Act

7.3.2 Packet Pg. 548

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CALIFORNIA UNIFORM PUBLIC CONSTRUCTION

COST ACCOUNTING ACT
FREQUENTLY ASKED QUESTIONS (FAQs)
These FAQs have been compiled to assist agencies that are participating in the California Uniform Public Construction Cost Accounting Act (the Act), as contained in Public Contract Code (PCC) Section 22000, et seq. All references are to PCC, unless otherwise stated.

1. What is the Uniform Public Construction Cost Accounting Act? The Act is legislation that was enacted in 1983 to help promote “uniformity of the cost accounting standards and bidding procedures on construction work performed or contracted by public entities in the state” (Section 22001). The Act is a voluntary program available to all public entities in the State, but it applies only to those public agencies that have “opted in” to the provisions set forth by the Act using the processes outlined in the Act. The entirety of the Act is found at Sections 22000-22045.

2. What are some of the key provisions of the Act?
The Act allows for public project work in the amount of $60,000 or less to be performed by a public agency’s force account using the public agency’s own resources, or by negotiated contract, or by purchase order (Section 22032(a)). Public projects in the amount of $200,000 or less may use the informal or formal bidding procedures set forth in Section 22032(b) or (c) of the Act. Public projects at a cost of more than $200,000 must use formal bidding procedures to let the contract pursuant PCC Section 22032(c).

3. What are the benefits of the program?
 Increased force account limit for public agencies;
 Simplified bidding for projects that are $200,000 or less;  Reduced number of formal bids based on project size; and  Expedited contracting for projects under $200,000.

Many participating agencies appreciate the program because it has given them more leeway in the execution of public works projects under a certain dollar amount; sped up the award process; expedited project delivery; reduced the time, effort, and expense associated with bidding projects under $200,000; and simplified administration for those projects. Few agencies have experienced challenges with the accounting requirements and overhead provisions. Moreover, adjustments, when required, have been relatively simple; most required procedures were already in place, so there were few, if any, major changes to existing operations. The current Standard Accounting Codes Structure satisfies reporting requirements when used properly.

4. Is the Uniform Public Construction Cost Accounting Act mandatory for public agencies? No. The Act is a voluntary program requiring a public agency to “opt in” using the process outlined in the Act.

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Packet Pg. 549 Attachment: Frequently Asked Questions About the Uniform Public Construction Cost Accounting Act (3312 : California Uniform Public

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5. How does a public agency become subject to the Act?
The governing body must elect by resolution to become subject to the Act and must file a copy of the approved resolution with the State Controller’s Office (Section 22030). Sample documents are available at: http://www.sco.ca.gov/ard_cuccac.html. Once an agency has opted into the Act, it will remain a part of the program.

6. May a public agency withdraw from the Act?
Yes. An agency may withdraw from the Act by filing with the State Controller’s Office an approved resolution of the agency’s election to withdraw that was made during a public meeting of the agency’s governing body.

7. Must a participating agency “opt in” to the Act annually? No. Once a participating agency “opts in” to the Act, the agency remains subject to the Act until it “opts out” of the Act.

8. What is the California Uniform Construction Cost Accounting Commission? The Commission was created to administer the Act, per Section 22010. It consists of 14 members: 13 members appointed by the State Controller and the License “A” member of the Contractors’ State License Board. Seven members represent the public sector (counties, cities, school districts, and special districts). Six members represent the private sector (public works contractors and unions). The Commission members receive no salary, but are eligible for reimbursement of their direct expenses related to the Commission.

9. What are the Uniform Public Construction Cost Accounting Procedures? These procedures are to be used for tracking costs for work performed by an Agency’s own forces on a “project” as defined by the Act (Section 22002(c)). The procedures do not apply to operations or maintenance work, or any work that meets the criteria listed in Section 22002(d).

These procedures are intended to capture and record all direct and indirect labor, materials, equipment, subcontractors, and supervision costs, as well as the appropriate overhead costs for the public agency associated with each “project” it performs with its own forces. The procedures follow industry-standard accounting methods, and in many cases are not much different from those already in place at most agencies. Sample forms are available in the CUCCAC Cost Accounting Policies and Procedures Manual at http://www.sco.ca.gov/Files-ARD-Local/CUCCAC_Manual.pdf School districts may use the Standard Accounting Code Structure to comply with tracking requirements.

10. Are the cost accounting procedures applicable for agencies whose work forces perform only maintenance tasks as defined in the Act and that contract all of their public projects to third parties?
No. The cost accounting procedures are applicable only for agencies that perform public project work such as construction and alteration by force account or otherwise. As maintenance does not constitute a “project” under the Act, the cost accounting procedures do not apply.

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Packet Pg. 550 Attachment: Frequently Asked Questions About the Uniform Public Construction Cost Accounting Act (3312 : California Uniform Public

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11. When are participating agencies required to advertise if they choose to maintain a list of qualified contractors?
At least once per calendar year, each Public Agency that has elected to become subject to the Act and intends to use the notice provisions outlined in Section 22034(a) must establish a new list or update its existing list of qualified contractors by mailing, faxing, or emailing written notice to all construction trade journals designated for that Agency under Section 22036. The notice must invite all licensed contractors to submit the name of their firms to the Agency for inclusion on the Agency’s list of qualified bidders for the following twelve (12) months. Effective January 1, 2016, a participating agency can choose a specific date of their choice in which to renew its list of qualified contractors.

12. May an agency that chooses to maintain a list add a contractor to the list at any time during the year?
Yes.

13. What is meant by the term “qualified contractors” as used in section 22034(a)(1) of the Act?
Qualified contractors are contractors licensed by the State to perform the subject work.

The Commission has determined that nothing in the Act prohibits a participating agency from using additional objective pre-qualification standards in the formation and maintenance of their Qualified Contractors Lists if they so desire.

14. How can a contractor get on an agency’s list of contractors? The California Uniform Public Construction Cost Accounting Commission’s webpage has a list of agencies that are participating in the California Uniform Public Construction Cost Accounting Act (CUPCCAA). Please contact each agency directly to let them know you would like to be on their list of contractors. For a list of participating agencies, please see the “Participating Agency Lists” header at the following link:
https://www.sco.ca.gov/ard_cuccac.html
More detailed instructions for contractors can be found in Section 1.04.01 of the Cost Accounting Policies and Procedures Manual

15. Can a public agency disqualify or exclude certain contractors from the Qualified Contractors List required in Section 22034(a)(1)?
Agencies may disqualify contractors from Qualified Contractors Lists when the contractors fail to furnish information to meet the minimum criteria as established by the Commission.

16. For agencies that do not maintain an informal bidders list, are they allowed to choose who would get notifications of projects?
No. Section 22034(a)(2) provides for notifications to construction trade journals and exchanges in lieu of sending notifications to contractors on an informal bidders list. An agency may send notices to selected contractors provided it has also met the advertisement requirements of Section 22034(a).

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Packet Pg. 551 Attachment: Frequently Asked Questions About the Uniform Public Construction Cost Accounting Act (3312 : California Uniform Public

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17. What is the difference between “qualifying contractors” under the Act and “prequalification of contractors” by school districts under Section 20101? Qualifying contractors is a process that allows contractors to register with a public agency for notification of public works opportunities. The prequalification process under Section 20101 is a more complex process that requires a standardized questionnaire and evaluation of contractors using standard scoring criteria. The prequalification process is applicable under the Local Agency Public Construction Act, and does not apply to the Uniform Public Construction Cost Accounting Act.

18. Does a contractor have to be on an agency’s contactor list in order to perform projects less than $60,000?
No, any public project less than the $60,000 informal bidding threshold can be performed by employees of the public agency, by negotiated contract, or by purchase order. An agency’s list of contractors is only required to be alerted of projects that surpass the informal bidding threshold.

19. Must a public agency a) notify contractors about public projects if the contractors are believed to not have the skills, credentials, or experience to perform the work required for the public project; and b) consider bids submitted by contractors that the public agency believes do not have the skills, credentials, or experience to perform the work? a) Yes. If a contractor is on the Qualified Contractors List, the contractor must be notified by the agency of public projects for which he or she is licensed to perform (Section 22034(a)(1)).
b) All bids received must be considered, unless an agency makes appropriate legal findings that a contractor is not legally responsible or his or her bid is not responsive.

20. Does the Act allow flexibility in cases of emergency and when repair or replacements are necessary to permit the continued conduct of a public agency’s operations or services? Yes. For the purposes of the Public Contract Code, an “emergency” is defined at Section 1102 as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.”
The Act sets forth in Section 22035(a) how a governing body should proceed in case of emergency repairs or replacements. This section states:

In cases of emergency when repair or replacements are necessary, the governing body may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the governing body, by contractor, or by a combination of the two. Section 22050 et seq., provides the emergency contract procedures to be followed in these cases.

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21. Do the alternative bidding procedures apply only to public projects as defined in Section 22002(c)?
The alternative bidding procedures apply only to work that constitutes a “public project” as defined in Section 22002(c) and has a construction cost within the limits described in Section 22032. The alternative bidding procedures are not required for the purchase of goods or materials that are not part of a “public project.” However, as outlined in Section 22003, a participating agency may also use the alternative bidding procedures when contracting for maintenance or other work that does not fall within the definition of a “public project” if it so chooses.

22. What will membership in the Act cost my agency?
Nothing. There are no membership fees or dues. However, the Commission does accept grants to assist it in carrying out its duties (Section 22015(c)).

23. What are the most common concerns addressed by the Act? These are:
 Cost accounting policies and procedures;
 Informal bidding procedures; and
 Accounting procedures review.

Cost accounting requirements for the Act follow those common to the construction industry. The informal bidding on public projects up to $200,000 is seen by agencies as an effective tool to expedite completion of small projects. While an accounting procedures review could potentially hold up a project for a minimum of 45 days pursuant to Section 22043(c)(1), these types of reviews have been rare in the Commission’s history.

24. Must an agency calculate an overhead rate to apply the accounting procedures? No. Cities with populations of less than 75,000 must assume an overhead rate equal to 20% of the total costs of the public project, including the costs of material, equipment, and labor (Section 22017(b)(1)). Cities with a population of more than 75,000 may either calculate an actual overhead rate or assume an overhead rate of 30% of the total costs of a public project including the costs of materials, equipment, and labor (Section 22017(b)(2)).

25. When a public entity opts into the Act, does the Act supersede other contracting legal requirements such as statutory requirements for performance bonds, prevailing wages, and certificates of insurance, etc.?
No. The Act supersedes only the bidding procedures used once a public agency has opted into the Act and has notified the Controller. All other contracting requirements of the PCC remain applicable.

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26. Can a public agency claim to be to be exempt from following all of the requirements in Public Contract Code by claiming it only has to follow the language and procedures within the Act?
No. The Act is part of the Public Contract Code; therefore, if the Act is silent on a particular matter, then the Public Contract Code applies on that matter.

27. If public agencies are not following the advertising requirements in the Act, will the Commission address those agencies? Can a complaint be brought to the Commission? Yes. Recent legislative changes have expanded the Commission’s authority to enforce provisions of the Act. The Commission may review complaints filed by interested parties when evidence is provided that:
 The participating agency performed work after rejecting all bids, claiming it could do the work less expensively (Section 22042(a)).
 The work performed exceeded the force account limits (Section 22042(b)).  The work was improperly classified as maintenance (Section 22042(c)).  A public agency did not comply with the informal bidding procedures set forth at Section 22034 (Section 22042.5).

28. Section 20112 specifically requires school districts to advertise twice for a two-week period, while Section 22037 requires advertising once, 14 days in advance of the date of opening of bids. How do participating school districts reconcile this conflict? When the Act is in conflict with any other section in the Public Contract Code, the Act shall supersede. The Act requires advertising once, 14 days in advance of the date of opening of bids. Districts participating in the Act may choose to maximize their outreach by advertising twice.

29. May a public agency contract separately for like work at the same site at the same time using the under $60,000 Force Account method?
No. Section 22033 states:

It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this article requiring work to be done by contract after competitive bidding.

Separating “like work” would be permitted only if the total of all the “like work” is less than $60,000. If the work is more than $60,000, it must be advertised and bid according to the provisions of the Act (i.e. bid informally if the total amount is less than $200,000; bid formally if the total amount exceeds $200,000).

30. May a public agency bid out two separate projects that occur at the same time and site, but are different types of work?
Yes. There is no violation if the work is competitively bid. If an agency wishes to use the negotiated or informal bidding processes, it must apply the appropriate limits to each of the projects. Each project must be separate in scope. Projects may not be separated by trade to avoid bidding. If the total of all jobs is greater than $60,000 then the informal or formal bid limits apply.

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31. Can an agency separately bid out for the materials and supplies on a project to avoid contractor markup and then bid out for the installation labor or perform installation with its own forces?
An agency may separately procure the materials and supplies for a project; however, all costs (materials, supplies, labor) of a project must be included in the project cost estimate to determine whether the project falls within the force account, informal bid, or formal bid thresholds.

In addition, if installation is performed by force account, an overhead rate must be applied to all direct costs of the project and included in the cost estimate. For example, if materials/supplies cost $50,000 to procure separately and the estimated labor cost to install is $25,000, the project could not be performed with force account, but would fall within the informal bid threshold because the total cost estimate is $75,000.

32. Must a value be assigned to the volunteer labor when the California Conservation Corps or another volunteer organization provides labor on a public project? No. Volunteer labor from volunteer organizations does not need to be included as a cost of a public project for bid limit purposes as long as no costs are associated with the volunteer labor.

33. By opting into the Act, does a public agency automatically bring all of its component divisions or departments into the Act?
Yes. When a public agency elects to become subject to the uniform construction cost accounting procedures, the entire legal entity is considered subject to the Act and no divisions or departments are exempt.

34. When a public agency opts into the Act, does it automatically bring all districts under control of its governing Board into the Act?
No. Special Districts, which are governed by a board of supervisors or city council, are subject only if a separate election is made for each special district.

35. PCC 22034 requires that participating agencies adopt an Informal Bidding Ordinance.

What do schools and special districts that cannot adopt Ordinances do to comply? Agencies that do not have the ability to adopt Ordinances should discuss Section 22034 compliance with their legal counsel.

36. Are change orders allowed by the Act, and if so what is allowable? What if a change order goes over one of the allowed thresholds?
The Act does not address change orders. Please consult with your agency’s legal counsel regarding any limitation on change orders that may apply to your agency.

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37. Is there any training related to the Act? If so, where can I find a list of where the training is offered?
SCO has information regarding the Act on the SCO/CUCCAC website, including the current Cost Accounting and Procedures Manual. Often, commissioners are willing to provide training, answer questions, and/or give a presentation in order to assist agencies in getting the full benefits of participating in the Act.

38. The Act states that public projects of sixty thousand dollars ($60,000) or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order. However, the Department of Industrial Relations (DIR) states any project over $1,000 has to pay prevailing wages. How do the Act and DIR guidance work together?
The Act and DIR are completely separate and govern different aspects of public projects.

The Act focuses on bidding related to public projects and DIR deals with wages paid by contractors on public projects. However, they may relate in that if prevailing wages are not paid on a public project, that could potentially impact the total cost of a project which would require a different bidding process utilized under the Act.

Additional inquiries and questions may be directed by email to [email protected], or by regular mail to:

State Controller's Office
Local Government Programs and Services Division
Local Government Policy Section
P.O. Box 942850
Sacramento, CA 94250

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ORDINANCE NO. 2023-X

AN ORDINANCE OF THE CITY OF LAGUNA HILLS,
CALIFORNIA, ADDING CHAPTER 3-36 (INFORMAL
BIDDING – PUBLIC PROJECTS) TO TITLE 3 (REVENUE

AND FINANCE) OF THE LAGUNA HILLS MUNICIPAL CODE

TO PROVIDE INFORMAL BIDDING PROCEDURES IN

ACCORDANCE WITH THE UNIFORM PUBLIC

CONSTRUCTION COST ACCOUNTING ACT

THE CITY COUNCIL OF THE CITY OF LAGUNA HILLS, CALIFORNIA, DOES HEREBY FIND AND DETERMINE AS FOLLOWS:

THE CITY COUNCIL OF THE CITY OF LAGUNA HILLS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by reference.

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1791760.2
SECTION 2. Chapter 3-36 (Informal Bidding – Public Projects) is hereby added to Title 3 (Revenue and Finance) of the Laguna Hills Municipal Code to read as follows:

1. Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility; and,

2. Painting or repainting of any publicly owned, leased, or operated facility; B. The term “public project" does not include maintenance work. "Maintenance work" includes all of the following:

1. Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes;

2. Minor repainting;

3. Resurfacing of streets and highways at less than one inch; and,

4. Landscape, maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.

7.3.2.b
Packet Pg. 558 Attachment: Proposed Informal Bidding Ordinance - Uniform Public Construction Cost Accounting Act (3312 : California Uniform Public

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1791760.2
3-36.020 Contracting procedures, dollar amount limitations, and authority.

A. Where a public project is subject to the informal bidding procedures of this chapter, a notice inviting informal bids shall be provided to contractors in accordance with either paragraph (1) and/or (2) below. If th City does not maintain a list of qualified contractors pursuant to Section 3-36.030, the notice inviting informal bids shall only be provided to contractors in accordance with paragraph (2) below.

7.3.2.b
Packet Pg. 559 Attachment: Proposed Informal Bidding Ordinance - Uniform Public Construction Cost Accounting Act (3312 : California Uniform Public

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The work may be done by day labor under the direction of the City Council, by contractor, or by a combination of the two. (Public Contract Code Section 22035).

SECTION 3. This Ordinance shall take effect on ____________, 2023, the 31st day following the adoption of this Ordinance by the City Council.

7.3.2.b
Packet Pg. 560 Attachment: Proposed Informal Bidding Ordinance - Uniform Public Construction Cost Accounting Act (3312 : California Uniform Public

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1791760.2
PASSED, APPROVED, AND ADOPTED this X day of X 2023.
____________________________________

JANINE HEFT, MAYOR
ATTEST:
______________________________________

JENNIFER LEE, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

AYES:

NOES:

ABSENT:

ABSTAIN:
(SEAL)
_____________________________________

JENNIFER LEE, CITY CLERK

7.3.2.b
Packet Pg. 562 Attachment: Proposed Informal Bidding Ordinance - Uniform Public Construction Cost Accounting Act (3312 : California Uniform Public

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1791760.2

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING

CITY OF LAGUNA HILLS ) AND PUBLICATION
JENNIFER LEE, being first duly sworn, deposes and says:

That she is the duly appointed and qualified City Clerk of the City of Laguna Hills;
That in compliance with State Laws of the State of California, ORDINANCE NO. 2023-X, being:

AN ORDINANCE OF THE CITY OF LAGUNA HILLS,
CALIFORNIA, ADDING CHAPTER 3-36 (INFORMAL
BIDDING – PUBLIC PROJECTS) TO TITLE 3 (REVENUE

AND FINANCE) OF THE LAGUNA HILLS MUNICIPAL CODE

TO PROVIDE INFORMAL BIDDING PROCEDURES IN

ACCORDANCE WITH THE UNIFORM PUBLIC

CONSTRUCTION COST ACCOUNTING ACT
on the X day of X 2023, and on the X day of X 2023, was published in summary in the Saddleback Valley News; and was, in compliance with City Resolution No. 2004-05-25-2, by the X day of X 2023, and the X day of X 2023, caused to be posted in three places in the City of Laguna Hills, to wit:

Laguna Hills City Hall
Laguna Hills Community Center
La Paz Center
_________________________________

JENNIFER LEE, CITY CLERK
Laguna Hills, California

7.3.2.b
Packet Pg. 563 Attachment: Proposed Informal Bidding Ordinance - Uniform Public Construction Cost Accounting Act (3312 : California Uniform Public

4.7.b
Packet Pg. 75
Attachment: October 10, 2023, Ordinance Introduction Staff Report Including Attachments (3331 : Second Reading & Adoption of Proposed City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: October 24, 2023
TO: Mayor and Council Members
FROM: Captain William Burk
Chief of Police Services
ISSUE: Approval of Proposed Contract Services Agreement for School Crossing Guard Services with All City Management Services, Inc., for a Three-Year Term
RECOMMENDATION: That the City Council: 1) Approve the proposed Contract Services Agreement with All City Management Services, Inc., to provide school crossing guard services. The proposed contract is for a three-year term from November 10, 2023, through June 30, 2026, for a total not-to-exceed maximum contract amount of $457,152. The total not-to-exceed maximum contract amount is an aggregate of the following anticipated annual amounts: $138,845 for Year 1 (2023/2024); $147,096 for Year 2 (2024/2025); $156,211 for Year 3 (2025/2026); and an additional $5,000 per year ($15,000) to cover unanticipated costs; and 2) Authorize the Mayor to execute the proposed Contract Services Agreement for school crossing guard services with All City Management Services, Inc.

BACKGROUND:

The City of Laguna Hills requires the services of a qualified contractor equipped and trained in appropriate procedures for crossing pedestrians in designated marked crosswalks in school crossing areas throughout the City. There are currently six (6) school crossing guard locations identified within the City of Laguna Hills servicing three elementary schools. All City Management Services, Inc., (ACMS) is a full-service crossing guard contractor that has successfully provided specially trained crossing guard services to the City since 1994. ACMS is a California based corporation founded in 1985, providing crossing guard services for over 37 years, and currently serves over 310 cities, counties, and school districts with 8,500 employed crossing guards. They are the only

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October 24, 2023

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company that exclusively provides School Crossing Guard Services. ACMS performance standards and training procedures have been integrated into the model for California Safe Routes to School Crossing Guard Guidelines. ACMS manages all crossing guard program functions including screening, recruitment, staffing, training, equipment, payroll, and supervision. ACMS assigns area supervisors who are responsible for overseeing the day-to-day operations of the program; ACMS maintains alternate guards to ensure adequate response and immediate replacement for any crossing guard absent from service for any reason; and ACMS establishes communications with each school to ensure proper scheduling. ACMS has recently developed a Crossing Guard “App” that is geofenced, which only allows guards to clock in once they are actually on site. This “App” will allow ACMS to quickly determine where staffing efforts are needed and will improve the billing and invoicing efficiencies. ACMS has continued to consistently provide both exceptional quality and reliable services to the City and has been responsive to the needs of the City and the schools that are served. The City’s current contact services agreement for crossing guard services expires on November 9, 2023.

AUTHORITY:

Pursuant to Laguna Hills Municipal Code (LHMC) Section 3-08.090, the procurement of nonprofessional services with an estimated value greater than $50,000 are required to be made by competitive formal bidding procedures. Such contracts are required to be awarded by the City Council to the lowest responsive, responsible bidder consistent with the City’s established best qualified vendor selection criteria set forth in LHMC Section 3-08.100 (See, LHMC Section 3-08.090(A)–(H)). In determining the best qualified vendor consideration is to be given to price, quality, and performance of nonprofessional services to be provided by the vendor; and the City’s established criteria for determining the best qualified vendor includes, but is not limited to the following considerations:

A. The cost and quality of the nonprofessional services; B. The ability, capacity, and skill of the vendor to perform the contract and to provide the nonprofessional services requested;
C. The ability of the vendor to provide the nonprofessional services requested promptly or within the time specified, without delay, interference, or service interruption;
D. The ability of the vendor to demonstrate the attributes of trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform;

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E. The character, integrity, reputation, judgment, references, experience, and efficiency of the vendor
F. The quality of vendor’s performance history and record on previous purchases or contract with the city;
G. The ability of the vendor to provide future maintenance, repair parts, and services for the use of the goods and supplies, equipment, or materials purchased; and
H. The ability of the vendor to demonstrate its prior, current, and continued compliance during the contract term with all applicable federal, state, and local laws, statutes, ordinances and lawful orders, rules, and regulations promulgated thereunder.

On August 23, 2023, Staff issued a formal competitive Notice Inviting Bids (NIB) for Crossing Guard Services (NIB No. PS-23-001). The NIB invited qualified and experienced companies to submit bids to provide Crossing Guard Services for three (3) Public (K-8) Schools in the City of Laguna Hills, for a proposed contract term of three (3) years, with a projected commencement date of November 10, 2023.

Three bidders responded to the City’s NIB: 1) Citiguard, Inc.; 2) All City Management Services, Inc.; and 3) Alltech Industries, Inc. The proposed hourly rates that were provided by the bidders in their proposals are summarized below:
1) Citiguard, Inc.

Proposed Hourly Rates: YEAR 1-3 = $32.00 per hour, per guard 2) ACMS
Proposed Hourly Rates: YEAR 1 (2023/2024) = $32.14 per hour, per guard YEAR 2 (2024/2025) = $34.05 per hour, per guard
YEAR 3 (2025/2026) = $36.16 per hour, per guard
3) Alltech Industries, Inc.

Proposed Hourly Rates: YEAR 1-3 = $40.89 per hour, per guard In addition to the hourly rates provided by each bidder, ACMS’ fee schedule included not to exceed annual amounts of $138,835 for FY2023/2024, $147,096 for FY2024/2025, and $156,211 for FY2025/2026.

The annual hours required to meet the crossing guard staffing needs of the three elementary schools in Laguna Hills can vary from a typical 4,320 (6 crossing guards for 4 hours per day; 2 AM hours and 2 PM hours) to 7,560 (6 crossing guards for 6 hours per

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day; 2AM hours, 2 MID hours and 2 PM hours). Factors that have influenced the number of staffing hours needed in recent years have been summer school needs and the prior Covid-19 pandemic hybrid schedule.

To determine the lowest bid price, Staff applied the per hour, per guard proposed billing rates provided by each bidder to the City’s typical crossing guard service levels, which includes six (6) crossing guards for four (4) billable hours per day for 180 school days per year for a total of 4,320 hours per year or a total of 12,960 hours over the proposed three-year contract term.

When reviewing the bids received, Staff determined that although Citiguard, Inc. proposed a lower flat hourly rate of $32.00 over the three years ($.014 lower in Year 1; $2.05 lower in Year 2; $4.16 in Year 3), the difference of $27,432 over the three-year contract term does not outweigh the proposed not to exceed annual amounts provided by ACMS combined with their proven demonstrated ability to perform the services requested, the fact of the vendor’s focus being solely on crossing guards (versus a combination of security guards and crossing guards) and the vendor’s past exceptional performance history. ACMS has been providing school crossing guard services for the City of Laguna Hills for the past 29 years and has demonstrated a nearly perfect track record. ACMS has performed well as this service provider for the City. They have demonstrated the ability to staff all locations and quickly respond and address any concerns that arise. ACMS has an established history of providing continuous uninterrupted quality service to the schools in Laguna Hills. They are responsive to changes in staffing and task orders and quick to resolve any crossing guard issues or concerns. ACMS has demonstrated a lengthy performance history for successfully fulfilling the contract with the City.

City staff has determined ACMS to be the most responsive, responsible and the most qualified bidder based on the City’s established best qualified vendor selection criteria set forth in LHMC Section 3-08.100(A)-(H). Therefore, Staff recommends awarding a new three-year contract for school crossing guard services to ACMS.

The proposed contract services agreement with ACMS will provide school crossing guard services at 6 locations throughout the City. The City will be billed for 4 hours each day at all 6 locations. The number of billable hours may fluctuate due to changes in the number of school days during the next three years; the number of crossing guard locations designated by the City; and the number of schools in the City that may host summer school. For the purposes of this bid, an estimate of 180 school days per year was used to calculate the total three-year contract cost, although that number is

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ultimately set by the school district. The proposed annual contract amount for the next three years is based on approximately 4,320 billable hours per year plus an additional $5,000 per year to cover any changes in school schedules, locations, or other unanticipated costs. The end result is a proposal to provide 12,960 billable hours of service for a total not-to-exceed maximum contract amount of $457,152.

FISCAL IMPACT:

The proposed contract is based on six (6) guards per day for four (4) billable hours per day for 180 school days for an estimated 4,320 hours for a typical year, including summer school. The anticipated contract cost for Year 1 (2023/2024) is $138,845 at a billing rate of $32.14 per hour/guard; Year 2 (2024/2025) is $147,096 at a billing rate of $34.05 per hour/guard; and Year 3 (2025/2026) is $156,211 at a billing rate of $36.16 per hour/guard. There is an increase in each year’s amount due to new increased minimum wage requirements for all employees. The proposed contract is for a threeyear term from November 10, 2023, through June 30, 2026, for a total not-to-exceed amount of $457,152.00, which incorporates an additional $5,000 per year ($15,000) to cover unanticipated contingency costs. The fiscal year 2023/2024 adopted budget has an appropriation of $161,986 for Crossing Guard Services to afford this contract.

ATTACHMENTS:
• Proposed Contract Services Agreement with All City Management Services, Inc.

4.8 Packet Pg. 80
1794084.1
1 CONTRACT SERVICES AGREEMENT
All City Management Services, Inc.
(Crossing Guard Services)
THIS AGREEMENT FOR CROSSING GUARD SERVICES (hereinafter “Agreement”) is made and entered into, to be effective this 10th day of November 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 ALL CITY MANAGEMENT SERVICES, INC., a California corporation (hereinafter referred to as “Contractor”). City and Contractor 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 services of a qualified contractor equipped and specially trained in appropriate procedures for crossing pedestrians in crosswalks for general pedestrian safety within designated marked crosswalks in the City, including but not limited to designated school crosswalk areas (the “Project”).

B. In response to City's formal competitive Notice Inviting Bids and Specifications for Crossing Guard Services (NIB No. PS-23-001), dated August 23, 2023, Contractor has submitted to City a written proposal, dated September 27, 2023, to provide for crossing guard services to City for the Project, pursuant to the terms of this Agreement.

C. Contractor represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, and expertise to provide these services to City for the Project and has agreed to provide such services as provided herein. City does not have the personnel, training, or specialized equipment able to perform the work or services contracted for herein.

D. City desires to retain Contractor to provide such crossing guard 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 CONTRACTOR

1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Contractor agrees to provide and perform the crossing guard services for the Project as set forth in Contractor’s Proposal, dated September 27, 2023, and as set forth in City’s Notice Inviting Bids and Specifications for Crossing Guard Services (NIB No.

PS-23-001), which are attached hereto as Exhibits “A” and “B,” respectively, and are

4.8.a
Packet Pg. 81
Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard 1794084.1
2 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, Contractor acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contractor’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. Contractor 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.

Contractor represents and warrants that it and all of its employees, subconsultants, subcontractors providing any Work or Services under this Agreement shall have sufficient skill and experience to perform the Work or Services assigned to them. All Work or Services 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; (2) the Consultant’s signed, original Proposal, dated September 27, 2023, (“Consultant’s Proposal”) and submitted to City; (3) the City’s Notice Inviting Bids and Specifications for Crossing Guard Services, dated August 23, 2023, which shall all be referred to collectively hereinafter as the “Contract Documents.” The Consultant’s Proposal and the City’s Notice Inviting Bids, which are each attached hereto as Exhibits “A” and “B” respectively, are hereby incorporated by reference and are made a part of this Agreement. All provisions of this Agreement, the Consultant’s Proposal, and the City’s Notice Inviting Bids 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; (2nd) the provisions of the City’s Notice Inviting Bids (Exhibit “B”); and (3rd) the provisions of the Consultant’s Proposal (Exhibit “A”).

1.3 Compliance with Law. Contractor 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 and Labor Code laws. Contractor 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 applicable labor laws, and shall give all notices required by law.

Contractor shall be liable for all violations of such laws and regulations in connection with performing the Work and Services. If Contractor performs any Work or Services in violation of such laws, rules, and regulations, Contractor shall be solely responsible for all penalties and costs arising therefrom. Contractor 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 Contractor shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and

4.8.a
Packet Pg. 82
Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard 1794084.1
3 Services required by this Agreement. Contractor represents and warrants to City that Contractor 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 Contractor to perform the Work and Services under this Agreement. Contractor 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 Contractor'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, Contractor represents and warrants that it (a) has thoroughly investigated and considered the Scope of Work or Services to be performed, (b) has carefully considered how the Services should be performed and has carefully examined the location or locations at or with respect to where such Services or Work is to be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.

1.6 Care of Work. Contractor 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 Unauthorized Aliens. Contractor hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of any Work and/or Services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City.

1.9 Non-Exclusive Agreement. Contractor 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. Contractor further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.

2. COMPENSATION

4.8.a
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Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard 1794084.1
4 2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Contractor shall be compensated by City for the services performed in accordance with the hourly rates and charges as established and 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 Four Hundred Fifty Seven Thousand One Hundred Fifty Two Dollars ($457,152.00) (hereinafter referred to as the "Maximum Contract Amount"). The method of compensation shall be as set forth in Exhibit “A”. The total not-to-exceed Maximum Contract Amount is an aggregate of the following notto-exceed annual compensation amount limits: $138,845 for Year 1 (2023/2024); $147,096 for Year 2 (2024/2025); $156,211 for Year 3 (2025/2026); and an additional $5,000 per year ($15,000) during the Term of this Agreement to cover unanticipated contingency costs. 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 Contractor wishes to receive payment, no later than the tenth (10th) working day of such month, Contractor 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 Contractor 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 Contractor within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical.

2.3 Changes in Scope.

A. 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 fees and/or charges. 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 Contractor’s profession.

B. Notwithstanding the foregoing, the City shall have the right, at its sole discretion, to determine the hours and locations where and when such Services and Work shall be performed by Contractor. Toward this end, the Contract Officer is hereby authorized to modify, adjust, increase, decrease or delete from, or otherwise revise, the work schedule/crossing guard locations established and set forth in Contractor’s Proposal, attached hereto as Exhibit “A” at any time during the term of this Agreement due to scheduling needs, priorities, budget considerations, and any applicable public health orders and/or guidelines, state or locally declared emergencies, and/or other circumstances. The Contract Officer shall promptly notify Contractor in writing of such changes or modifications to the work schedule/crossing guard

4.8.a
Packet Pg. 84
Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard 1794084.1
5 locations. Such changes or modifications to the work schedule/crossing guard locations shall not be considered a change in the Scope of Services and shall not require a written amendment to this Agreement, provided such changes or modifications do not exceed the Maximum Contract Amount.

2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Laguna Hills City Council for each fiscal year covered by the 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 Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance (Exhibit “A”).

3.2 Schedule of Performance. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance, which is attached hereto as Exhibit “A” and is incorporated herein by reference. When requested by Contractor, 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 Contractor (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 Contractor, 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 Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this section.

3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of thirty-three (33) months, commencing on November 10, 2023 and ending on June 30, 2026, unless extended by mutual written agreement of the Parties.

4. COORDINATION OF WORK

4.8.a
Packet Pg. 85
Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard 1794084.1
6 4.1 Representative of Contractor. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Baron Farwell, President/General Manager. 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 Contractor and devoting sufficient time to personally supervise the Work or Services performed hereunder. The foregoing principal may not be changed by Contractor 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 Contractor's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Contractor 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 Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor 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.

Contractor shall not contract with any other entity to perform the Services required without prior written consent of City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor 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 Contractor. City will deal directly with and will make all payments to Contractor.

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 Contractor a City employee. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Contractor will determine the means, methods and details of performing the Sevices subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, 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,

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7 supervision, or control of Contractor’s officers, employees, representatives or agents or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees as required by law 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 Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.

B. Contractor 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 Contractor, its officers, employees, or agents, in connection with the performance of any Work or Services under this Agreement.

Except for professional fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, 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, of any nature relating to salary, taxes, or benefits of Contractor’s officers, employees, representatives, agents, or subconsultants or subcontractors, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations.

4.5 PERS Eligibility Indemnification.

A. In the event that Contractor or any employee, agent, or subcontractor of Contractor 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, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor 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, Contractor 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

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8 5.1 Compliance with Insurance Requirements. Contractor 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.

Contractor 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. In addition, Contractor shall not allow any subconsultant or subcontractor to commence any Work or Services until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section. If Contractor’s existing insurance policies do not meet the insurance requirements set forth herein, Contractor 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, Contractor 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. Contractor 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.

B. Automobile Liability Insurance. Contractor 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. Contractor 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. Contractor 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. Contractor 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.

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9 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 Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Contractor 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 Contractor 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 Contractor, 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, Contractor 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

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10 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 Contractor 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. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor 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, Contractor 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, Contractor 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. Contractor 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 Contractor may be held responsible for payments of damages to persons or property.

5.10 Enforcement of Agreement (Non-Estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor 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.

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11 5.11 Insurance for Subconsultants. Contractor shall include all subconsultants or subcontractors engaged in any Work or Services for Contractor relating to this Agreement as additional insureds under the Contractor’s insurance policies, or Contractor 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 Contractor’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. Contractor shall not allow any subconsultant or subcontractor to commence any Work or Services relating to this Agreement unless and until it has received satisfactory evidence of their compliance with all insurance requirements under this Agreement, to the extent applicable. Contractor agrees to provide satisfactory evidence of compliance with this subsection upon request of the City.

5.12 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Contractor pursuant to this Agreement:

A. Contractor 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 Contractor 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 Contractor’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

Contractor 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.

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12 Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.

F. Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor 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, Contractor shall defend (at Contractor’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify, protect, and hold harmless City, its elected and appointed officials, officers, directors, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, or from any violation of any federal, state, or local law or ordinance, which Claims arise out of, pertain to, or are related to the negligent acts or omissions, recklessness, or willful misconduct of Contractor, its agents, employees, or subcontractors. 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 the extent that such Claims arise out of, pertain to, or are related to the City's sole or active negligence or willful misconduct. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability hereunder.

7. REPORTS AND RECORDS

7.1 Accounting Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.

Contractor 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. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, 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

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13 the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder.

7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor 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 Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor 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, Contractor shall provide City, or other agents of City, such access to Contractor’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 Contractor’s performance under this Agreement. Contractor 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 Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

8.3 Termination. City may terminate this Agreement for any reason, with or without cause, upon giving Contractor thirty (30) days written notice. Upon such notice, City shall pay Contractor for Services performed through the date of termination. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. In

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14 addition, Contractor 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 Contractor may determine.

8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.

8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.7 Attorneys’ Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, 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 Contractor, 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 Contractor 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. Contractor represents and warrants that

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15 it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.

9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor 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. Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

10. MISCELLANEOUS PROVISIONS

10.1 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Notices or other communications shall be addressed as follows:

To City: City of Laguna Hills
Attention: City Manager
24035 El Toro Road
Laguna Hills, California 92653
Telephone: (949) 707-2600
Facsimile: (949) 707-2633
To Contractor: All City Management Services, Inc.

Attention: Baron Farwell, President/General Manager
10440 Pioneer Boulevard, Suite 5
Sante Fe Springs, California 90670
Telephone: (800) 540-9290
Fax: (310) 202-8325

10.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof.

No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

10.3 Severability. Whenever possible, each provision of this Agreement shall be

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16 interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

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

10.5 Third Party Beneficiary. Nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.

10.6 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

10.7 Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he/she is signing is bound.

10.8 Criminal Background Checks. All persons directly providing services to minors as a part of the Agreement are requested to voluntarily submit to and pass a criminal background investigation by providing a complete set of fingerprints to the City at least thirty (30) calendar days prior to providing any services related to the Agreement. Said criminal background investigation shall be conducted pursuant to City policy and practice. Any person who has not completed said criminal background investigation or who has been identified by City as being ineligible to perform services shall not provide services related to the Agreement.

Any person with a record of a conviction (or guilty plea) of a felony or a misdemeanor involving a violent or sexual crime, including those crimes set forth in Penal Code section 11105.3, shall not perform any services or work related to the Agreement. All persons undergoing a criminal background investigation under this section shall submit for said investigation on an annual basis throughout the term of the Agreement.
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EXHIBIT “A”
CONTRACTOR’S PROPOSAL
DATED: SEPTEMBER 27, 2023
AND

DESCRIPTION OF SCOPE OF SERVICES/WORK
Inclusive of Contractor’s Cover Letter,
and
Scope of Service
s/ Approach and Method

SCOPE OF SERVICES FOR PROJECT INCLUDING, SCHEDULE OF PERFORMANCE AND

SCHEDULE OF COMPENSATION/ HOURLY FEES

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Packet Pg. 111 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard

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Packet Pg. 112 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard 1794084.1
EXHIBIT "B"

CITY OF LAGUNA HILLS

NOTICE INVITING BIDS AND SPECIFICATIONS
FOR

SCHOOL CROSSING GUARD SERVICES
______________________________________________________________ (NIB NO. PS-23-001)
DATED: AUGUST 23, 2023

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Packet Pg. 113 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard

CITY OF LAGUNA HILLS

CALIFORNIA

NOTICE INVITING BIDS

AND SPECIFICATIONS FOR

CROSSING GUARD SERVICES
PS-23-001

PREPARED BY

CITY OF LAGUNA HILLS
24035 EL TORO ROAD
LAGUNA HILLS, CA 92653
Issued: AUGUST 23, 2023
Bid Opening: SEPTEMBER 27, 2023

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Packet Pg. 114 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard

TABLE OF CONTENTS
FOR

NOTICE INVITING BIDS AND SPECIFICATIONS FOR

CROSSING GUARD SERVICES
NOTICE INVITING SEALED BIDS ......................................................................................NB-1 INTRODUCTION AND INSTRUCTIONS TO BIDDERS........................................................IB-1

1. Introduction

2. Proposed Time Schedule

3. Instructions to Bidders and Procedures for Submittal

4. General Conditions
PROPOSAL DOCUMENTS ................................................................................................... P-1 A. Cover Letter
B. Company Data
C. Qualifications of Personnel
D. Organizational Chart
E. References
F. Approach and Method
G. Fee Schedule
H. Training Manual
I. Certificate of Insurance
J. Certification of
GENERAL SPECIFICATIONS.............................................................................................GS-1 A. Scope of Work
B. City’s Right to Changes in Service
C. Scope of Services
D. Personnel Selection
E. General Conditions
F. Bid Requirements
G. Bidders Must Make Thorough Investigation
APPENDIX A – NON-COLLUSION AFFIDAVIT
APPENDIX B – CONTRACTOR’S ACKNOWLEDGEMENT OF COMPLIANCE WITH

INSURANCE REQUIREMENTS
APPENDIX C – CERTIFICATION OF BID TO THE CITY OF LAGUNA HILLS APPENDIX D – SAMPLE CONTRACT SERVICES AGREEMENT
ATTACHMENT 1 – SCHOOL SITE ADULT CROSSING GUARD LOCATIONS ATTACHMENT 2 – SCHOOL SITE BELL SCHEDULES
ATTACHMENT 3 – SVUSD SCHOOL YEAR CALENDAR FOR 2023/2024

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Packet Pg. 115 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard

CITY OF LAGUNA HILLS

NOTICE INVITING SEALED BIDS FOR

CITYWIDE SCHOOL CROSSING GUARD SERVICES
NOTICE IS HEREBY GIVEN that the City of Laguna Hills is inviting qualified and experienced companies to submit bids for Crossing Guard Services for a proposed term of three (3) years commencing November 10, 2023. Police Services staff will administer the proposed Contract Services Agreement.

To be considered responsive, qualified Bidders must submit a written bid in accordance with the requirements, specifications, conditions, and provisions as described and set forth herein. The successful Bidder will satisfy all of the objectives and work requirements specified in the Scope of Work. This procurement will be let by the formal procedures set forth in Laguna Hills Municipal Code ("LHMC") Section 3-08.090 - Competitive formal bidding procedures for non-professional services. The contract will be awarded by the City Council to the lowest responsible bidder consistent with the best vendor selection criteria set forth in LHMC Section 3-08.100.

BIDS ARE DUE BEFORE: 9:00 A.M. ON SEPTEMBER 27, 2023
The City Council is not obligated to award a contract and reserves the right to reject all bids. If City Council determines to award a contract, it is not obligated to make the award to the lowest bidder. Other factors will be considered by the City Council, such as performance under other contracts, qualifications of personnel, financial condition, and such other evidence as might convince City Council that a particular bidder would provide the most effective, economic and reliable service to the City.

The City will evaluate the information submitted. The evaluation will consider but not be limited to the following criteria:

1. Approach

2. Method.

3. Experience.

4. References.

5. Agreement to all terms of the Contract Agreement.

6. Fee.

The City of Laguna Hills reserves the right to accept or reject any or all bids and to waive any defects or irregularities in the bids.

Dated this 23rd day of August 2023. City of Laguna Hills, California BY __________________________

JENNIFER LEE, CITY CLERK
Published: Saddleback Valley News 24035 El Toro Road
Laguna Hills, CA 92653
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Packet Pg. 116 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard

CITY OF LAGUNA HILLS

INTRODUCTION AND INSTRUCTIONS TO BIDDERS

1. INTRODUCTION
The City of Laguna Hills (City) invites qualified companies to submit written bids for Crossing Guard Services for a proposed contract term of three (3) years commencing November 10, 2023. The purpose of this Notice Inviting Bids is to obtain a qualified, experienced, and responsive company to provide Crossing Guard Services to the City of Laguna Hills for fiscal years 2023/24 through 2025/26. Should an award of contract be made, the selected Bidder will enter into a contract services agreement with the City of Laguna Hills to provide Crossing Guard Services for Public Elementary (K-6) Schools in the City of Laguna Hills.

2. PROPOSED TIME SCHEDULE
Notice Inviting Bids Posting/Publishing/Mailing: August 23 2023 Written Question Deadline: September 20, 2023
Submittal Deadline: September 27, 2023
Tentative City Council Award: October 10, 2023
Expected Contract Start Date November 10, 2023

3. INSTRUCTIONS TO BIDDERS AND PROCEDURES FOR SUBMITTAL One printed original (marked original), three printed copies (marked copy) of the bid and one (1) electronic copy on Flash Drive (will not be returned) must be submitted in a sealed envelope or box bearing the name of the Bidder, marked "Bid for Citywide School Crossing Guard Services" and submitted only to the following address:

City of Laguna Hills
Attn: City Clerk (Bid for Citywide School Crossing Guard Services) 24035 El Toro Road
Laguna Hills CA 92653
By 9:00 a.m. on Wednesday, September 27, 2023
Bidders are solely responsible for ensuring their submitted bid is received by the City in accordance with the solicitation requirements, before the Submittal Deadline, and at the place specified. Postmarks will not be accepted in lieu of actual delivery. No oral, telegraphic, electronic mail, facsimile or telephonic Bids or modifications will be considered unless specified. The City shall not be responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Delivery of bids shall be made at the office specified in this Notice inviting Bids. Deliveries made before the Submittal Deadline, but to the wrong City office, will be considered non responsive unless re-delivery is made to the office specified before the Submittal Deadline. All bids shall become the property of the City.

Late bids will not be accepted and will be returned to the bidder unopened.

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Packet Pg. 117 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard

4. GENERAL CONDITIONS
ADDITIONAL INFORMATION. RIGHT TO REQUEST. The City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from bidders.

ADDITIONAL SERVICES. The Scope of Work describes the minimum work to be accomplished. Upon final selection of the firm, the Scope of Work may be modified and refined during negotiations with the City.

AUTHORIZED SIGNATURES. Bids must be signed by the person or persons legally authorized to bind the Bidder to a contract for the execution of the work. Upon request of the City, any agent submitting a proposal on behalf of a Bidder shall provide a current power of attorney certifying the agent's authority to bind the Bidder. If an individual makes the Bid, his or her name, signature, and post office address must be shown. If a firm or partnership makes the Bid, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be shown. If a corporation makes the Bid, it shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person signing on behalf of the corporation. Upon request of the City, the corporation shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the proposal to execute contracts on behalf of the corporation.

COMPETITIVE FORMAL BIDDING PROCEDURES. Except as otherwise provided in the LHMC, for purchases of goods and supplies, equipment, and nonprofessional services that have an estimated value greater than $50,000, such procurements shall be let by the formal procedures set forth in this section. (LHMC Sec. 3-08.090) A. Notice Inviting Bids. Notices inviting formal bids or proposals from prospective vendors shall be publicly noticed no later than ten calendar days before the submission date for formal bids. The notices shall describe the requested goods or supplies, equipment, materials, or nonprofessional services in general terms, how to obtain more detailed information concerning the procurement, and state the time, place, and deadline for submission of sealed bids or proposals.

B. Public Notice. The notice inviting formal bids or proposals shall be publicly noticed in any generally accepted manner, which includes on the city's official website. In addition, such notice may also include trade publications when practicable.

C. Bid Opening Procedure. Sealed bids or proposals shall be submitted to the office of the City Clerk or requesting city department and shall be identified as formal competitive bids or proposals on the outside of the sealed envelope. The City Clerk or requesting city department head shall store all sealed bids in a secure location until opening. The City Clerk or requesting city department head shall open all bids or proposals in public at the time and place stated in the notice inviting bids. A tabulation of all bids or proposals received shall be open for public review and inspection in the office of the City Clerk or requesting city department during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.

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Packet Pg. 118 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard D. Rejection of Bids. The City Council or the Purchasing Officer shall have the discretion to reject any and all bids or proposals for any reason or for no reason, and may suspend, delay, or otherwise cancel the procurement, or may order the readvertisement of the notice inviting bids. If all formal bids or proposals are rejected and the City Council resolves by a recorded majority vote of the total membership of the City Council that the procurement can be performed more economically by force account, by informal procedures, or through open market purchases, then it may dispense with further formal competitive public bidding.

E. Tie Bids. If two or more formal bids or proposals received are the same and are the lowest, the City Council may accept the one it chooses.

F. Award of Contracts. Contracts or purchase orders shall be awarded by the City Council to the lowest bidder or proposer consistent with the best qualified vendor selection criteria set forth in Section 3-08.100, except as otherwise provided herein.

The decision of the City Council shall be final. The City Council may authorize that such purchase orders or contracts be executed by either the Mayor or the City Manager, or the City Council may otherwise delegate such signature authority.

G. No Bids Received. If no bids or proposals are received, the purchase may be let in the open market or by the informal procedures set forth in Section 3-08.080, subject to City Council approval.

H. Performance Bonds. The Purchasing Officer shall have authority to recommend that a performance bond or other form of security or guarantee be required before entering into a contract in such amount as may be reasonably necessary to protect the best interests of the City. If a performance bond or other form of security or guarantee is required, the form and amount of the bond, security or guarantee shall be described in the notice inviting bids, and the performance bond, security or guarantee shall be in a form approved by the City Attorney.

I. Defects, Irregularities, and Informalities. The City Council may, in its sole discretion, waive any defect, irregularity, or informality in the formal bids or proposals or in the competitive procedures established in this section, and no such defect, irregularity, or informality shall void any contract entered into by the City.

AWARD OF CONTRACT. Best qualified vendor selection criteria: In determining the best qualified vendor, consideration is to be given to price, quality, and performance of the goods and supplies, equipment, or materials to be purchased or nonprofessional services to be provided by the vendor. (Sec. 3-08.100)
Criteria for determining the best qualified vendor shall include but not be limited to the following:

A. The cost and quality of the goods and supplies, equipment, materials, or nonprofessional services;
B. The ability, capacity, and skill of the vendor to perform and to provide the goods and supplies, equipment, materials or nonprofessional services requested; IB-3

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Packet Pg. 119 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard C. The ability of the vendor to provide the goods and supplies, equipment, materials, or nonprofessional services requested promptly or within the time specified, without delay, interference, or service interruption;
D. The ability of the vendor to demonstrate the attributes of trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform; E. The character, integrity, reputation, judgment, references, experience, and efficiency of the vendor;
F. The quality of vendor's performance history and record on previous purchases or contracts with the City;
G. The ability of the vendor to provide future maintenance, repair parts, and services for the use of the goods and supplies, equipment, or materials purchased; and H. The ability of the vendor to demonstrate its prior, current, and continued compliance during the contract term with all applicable federal, state, and local laws, statutes, ordinances and all lawful orders, rules, and regulations promulgated thereunder.

COMPLIANCE WITH LAWS. All Bids shall comply with current federal, state, and other laws relative thereto.

CANCELLATION OF SOLICITATION. The City may cancel this solicitation at any time.

CONFLICT OF INTEREST. By signing the Certification of Bid (Appendix C), the proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this bid or any work connected with this bid. Should any agreement be approved in connection with this Notice Inviting Bids, Proposer declares and warrants that 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 interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.

COSTS. The City is not liable for any costs incurred by Bidders before entering into a formal contract. Costs of developing the Bids, or any other such expenses incurred by the Bidder in responding to this NIB, are entirely the responsibility of the Bidder, and shall not be reimbursed in any manner by the City. No reimbursable cost may be incurred in anticipation of award.

DISQUALIFICATION OF BIDS. If there is reason to believe that collusion exists among the Bidders, the City may refuse to consider Bids from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one bid for the same work unless alternate Bids are called for.

Reasonable grounds for believing that any Bidder is interested in more than one Bid for the same work will cause the rejection of all Bids for the work in which a Bidder is interested. If there is reason to believe that collusion exists among the Bidders, the City may refuse to consider Bids from participants in such collusion. Bidders shall submit as part of their Proposal documents the completed Non-Collusion Affidavit provided as Appendix A.

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Packet Pg. 120 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard DOCUMENTS, EXAMINATION OF. It is the responsibility of the Bidder to carefully and thoroughly examine and be familiar with the Bid documents, general conditions, all forms, specifications, drawings, plans, and addenda (if any). Bidder shall satisfy himself as to the character, quantity, and quality of work to be performed and materials, labor, supervision, necessary to perform the work as specified by these documents. The failure or neglect of the Bidder to examine documents shall in no way relieve him from any obligations with respect to the solicitation or and subsequent contract that may be awarded. The submission of a Bid shall constitute an acknowledgment upon which the City may rely that the Bidder has thoroughly examined and is familiar with the Bid requirements. The failure or neglect of a Bidder to receive or examine any of the documents shall in no way relieve him from any obligations with respect to the Bid. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document.

INTERPRETATION OF BID DOCUMENTS. City reserves the right to make corrections or clarifications of the information provided in this Notice Inviting Bids. If any person is in doubt as to the true meaning of any part of the specifications or other documents, or finds discrepancies or omissions in the specifications, he may submit to the City a written request for an interpretation or correction.

Oral statement(s), interpretations or clarifications concerning meaning or intent of the contents of this Notice Inviting Bids by any person are unauthorized and invalid.

Modifications to the Notice, including, but not limited to the scope of work, can be made only by written addendum issued by the City.

Questions and/or requests for interpretations shall be made in writing and delivered to:

Captain William Burk, Chief of Police Services
City of Laguna Hills
24035 El Toro Road Laguna Hills, CA 92653
or via email at [email protected]
no later than Wednesday, September 20, 2023 by 5:00 p.m.

The requesting party is responsible for prompt delivery of any requests. When the City considers interpretations necessary, interpretations will be in the form of an addendum to the Bid documents, and when issued, will be sent as promptly as is practical to all parties recorded by the City as having received Bid documents. All such addenda shall become a part of the Bid document. It is the responsibility of each Bidder to ensure the City has their correct business name and address on file. Any prospective Bidder who obtained a set of Bid documents is responsible for advising the City that they have a set of Bid documents and wish to receive subsequent Addenda.

IRREGULARITIES. Unauthorized conditions, limitations, or provisions attached to a Bid may cause its rejection. The completed bid shall be without interlineations, alterations or erasures. Alternative Bids will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification or withdrawal will be considered.

NO OBLIGATION. The release of this Notice Inviting Bids does not obligate or compel the City to enter into a contract or agreement.

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Packet Pg. 121 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard NON-DISCRIMINATION. Bidder represents and warrants that it does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, material status, physical condition, pregnancy or pregnancy related conditions, political affiliation or opinion, age or medical condition.

NON-EXCLUSIVE. Should the City make an award, the successful Bidder will be expected to enter into a non-exclusive agreement and the City reserves the right to enter into agreements with other firms for services.

OFFERS OF MORE THAN ONE PRICE. Bidders are NOT allowed to submit more than one proposal.

OWNERSHIP. All data, documents and other products used or developed during the Bid process shall become the property of the City upon submission.

PART OF AGREEMENT. Should an agreement be awarded, this Notice Inviting Bids and Scope of Services and all conditions may become part of the agreement between the City of Laguna Hills and the successful Bidder.

PROPOSAL. REJECTION OF. The City reserves the right to reject any or all Bids or any part of a bid. The City reserves the right to reject bid of any Bidder who previously failed to perform adequately for the City or any other governmental agency. The City expressly reserves the right to reject the bid of any Bidder who is in default on the payment of taxes, licenses or other monies due the City.

PROPRIETARY INFORMATION. All Bids and documents submitted in response to this NIB shall become the property of the City and a matter of public record pursuant to Government Code sections 6250 et seq. Bids should not be marked as confidential or proprietary, and City may refuse to consider a proposal so marked. All information contained within the Bids will become a matter of public record. It is the responsibility of each bidder to clearly identify any and all information contained within their bid proposal that it considers to be confidential and/or proprietary. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

In the event that a demand for disclosure of information designated as "confidential and/or proprietary" by a bidder is made, the City will notify the bidder in writing of such demand and shall furnish a copy of the City's written response to the requester. Bidder may then pursue, at its sole cost and expense, any and all appropriate legal action necessary to maintain the confidentiality of such information.

REPRESENTATIONS. Bidder understands and acknowledges that the representations made in their submitted bid are material and important, and will be relied on by the City in evaluation of the bid. Bidder misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the proposal.

SEVERABILITY. If any provisions or portion of any provision, of this Notice Inviting Bids are held invalid, illegal or unenforceable, they shall be severed from the Notice Inviting Bids and the remaining provisions shall be valid and enforceable.

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Packet Pg. 122 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard SUBCONTRACTORS. Subcontractors shall not be used to perform the scope of services.

VALIDITY. Bid must be valid for a period of 120 days from the due date and may be extended by written authorization from the Bidder.

WITHDRAWAL OF PROPOSAL. Bidders' authorized representative may withdraw Bids only by written request received by the Project Manager before the submittal deadline.

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Packet Pg. 123 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard

CITY OF LAGUNA HILLS

PROPOSAL DOCUMENTS
One printed original (marked original), three printed copies (marked copy) of the bid and one (1) electronic copy on Flash Drive (will not be returned) must be submitted in a sealed envelope or box bearing the name of the Bidder, marked "Bid for Citywide School Crossing Guard Services" to:

City of Laguna Hills
Attn: City Clerk (Bid for Citywide School Crossing Guard Services) 24035 El Toro Road
Laguna Hills CA 92653
By 9:00 a.m. on Wednesday, September 27, 2023
If discrepancies are found between the copies, or between the original and copy or copies, the "ORIGINAL" will provide the basis for resolving such discrepancies. If one document is not clearly marked "ORIGINAL", the City reserves the right to use any of the Bids as the Original. If no document can be identified as an original bearing original signatures, Bid may be rejected at the discretion of the City.

It is imperative that all Bidders responding to the Notice Inviting Bids comply exactly and completely with the instructions set forth herein. Bids must be concise, but with sufficient detail to allow accurate evaluation and comparative analysis. Bids should be straightforward and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the instructions, responding to the requirements, and on providing a complete and clear description of the offer.

All Bids shall be submitted on standard 8.5" by 11" paper, three-hole punched and secured in binder clips. All pages should be numbered and identified sequentially by section. Response items must be indexed in the following order with individual tabs:

A. Cover Letter
Bid must be accompanied by a cover letter, signed by an individual authorized to bind the proposing entity. An unsigned bid is grounds for rejection. The cover letter should include an introduction of the firm and summary statement of qualifications.

B. Company Data
Please submit the following information:

1. Official name and address.

2. Name, address, phone number & email address of the Bidder's primary contact.

3. Indicate what type of entity (corporation, company, joint venture, etc.). Please enclose a copy of the Joint Venture Agreement if entity is a joint venture.

4. Federal Employer I.D. Number.

5. The address, telephone numbers and fax numbers of each of your firm's locations.

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Packet Pg. 124 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard

6. A detailed statement indicating whether Bidder is totally or partially owned by another business organization or individual.

7. Number of years Bidder has been in business under the present business name.

8. Number of years of experience the Bidder has had in providing required, equivalent, or related services.

9. All comparable contracts entered into during the last five (5) years, completed or not.

Please indicate:

Year started and completed Type of Contract
Contracting Agency/Client Project Description Project Manager Developer of project

10.Any failures or refusals to complete a contract and explanation.

11.Individuals/Firms who own an interest of 10% or greater in the bidding firm.

12.Financial interests in other lines of business.

C. Resumes and Qualifications of Personnel
The Bidder will furnish resumes of key personnel who have had experience in supervising school crossing guards and other employees who will be associated with the service.

Also, provide resumes of the key personnel involved with this service.

For the project manager, include information for three recent services. The substitution or addition of individuals shall be allowed only with prior written approval of the City.

Resume Format:

Name
Position
Education
Show degrees earned and certifications, school and year of completion. Exclude company courses or information that is not relevant to the person's functional job duties.

Summary of Experience:

In chronological order, most recent date first, Bidders shall submit a work history listing of other public entities for which the Bidder has performed similar work, including names, mailing addresses, email addresses and telephone numbers. Existing services will be subject to inspection by the City.

D. Organizational Chart
Bidder shall include an organizational chart that reflects titles of key staff and management contacts of each individual assigned to provide services under this Notice Inviting Bids.

It is the City's preference to have key personnel identified in the Organizational Chart to remain during the term of the agreement. The Bidder shall note concurrence on the P-2

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Packet Pg. 125 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard restrictions to changes in key personnel. A transition plan shall be presented in this section in the event there are proposed changes in key personnel during the term of the agreement.

E. References
Bidder must provide three (3) references for whom Bidder has provided similar services performed in California of the nature and scope as set forth in the NIB within the last five (5) years. Include name of City or agency, name of contact person, telephone number of contact person, and description of services provided.

F. Approach and Method
Discuss methods and procedures that will be used. Include task and staffing breakdown.

Provide a list of all equipment to be used by the crossing guards. (The City requires that the Contractor furnishes safety-reflectorized vests, stop signs, whistles, rain gear and identification badges).

Describe the method the company uses to verify and record each crossing guard's daily on-time attendance per shift per location.

Provide a description for resolution in the event of a missing or late crossing guard. (A copy of the attendance log may be requested by the City intermittently).

Describe the method the company uses to document and resolve complaints against crossing guards. (Complaints are to be shared with the Chief of Police Services) G. Fee Schedule
Propose an hourly rate based on the current school site locations (Attachment 1). The bell schedules for the current school site locations are listed in Attachment 2.

Please note that the actual number of days of service could vary and that services may or may not be needed for the summer school program. The Contractor shall honor its hourly rate, regardless of the actual service hours required. Payment shall be made for "guard hours" only, and the hourly rate shall constitute full compensation for the services provided, including, but not limited to, equipment, supervision, office overhead, etc.

H. Training Manual
Bidder is required to submit a copy of their proposed training manual.

I. Certificate of Insurance
Bidder demonstrates the willingness and ability to submit proof of the required insurance coverage as set forth in the Sample Draft Contract Services Agreement (attached as Appendix D) prior to execution of the contract.

J Certification of Proposal
Bidder is required to sign and submit the Certification of Bid in Appendix C.

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Packet Pg. 126 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard

CITY OF LAGUNA HILLS

SPECIFICATIONS
City Information: The City of Laguna Hills (City) invites qualified firms to submit Bids for Crossing Guard Services for a period of three (3) years commencing November 10, 2023. Should an award be made, the successful Bidder will enter into a contract services agreement with the City of Laguna Hills to provide crossing guard services.

Laguna Hills is located in southern Orange County approximately 15 miles from Santa Ana and 45 miles south of Los Angeles. Laguna Hills incorporated on December 20, 1991, as the 31st city in Orange County and has a current population of 31,3744 (2020 Census). The City is a general law city and operates under the council-manager form of government.

Laguna Hills is a contract city. The City Manager is hired by the City Council and oversees all day to day operations. The City has six (6) Departments:

General Government Department: Consists of the legislative, executive, and administrative oversight of all City operations. All expenditures and activities related to the City Council, City Manager, City Attorney, City Clerk, and Administrative Services are included in this Department.

The Department is also responsible for the City's economic development efforts.

Community Development Department: Provides planning, code enforcement, building and safety, and receptionist functions for the City and is organized into two divisions: Planning and Building and Safety.

Community Services Department: Provides recreation classes, special events, excursions, camps, athletic programs, and disability services for the community.

Public Safety Department: Police Services, Animal Control, and Emergency Management functions. Police services are provided through a contract with the Orange County Sheriff's Department. Fire Protection services are provided by the Orange County Fire Authority. Animal Control services are provided through a contract with Mission Viejo Animal Control.

Public Works Department: Responsible for the design, construction, and maintenance of public facilities including public streets, traffic signals, storm drains, parks, and landscaping.

Non-Departmental Department: Encompasses functions that are essential to the operation of the City but do not fall within the jurisdiction of any single department or are expenditures of an organization-wide nature. Most notably, this includes the Information Technology (IT) function.

The IT division is responsible for the support and management of the City's information services, including software applications and computer hardware, at the Civic Center and the Community Center and Sports Complex.

A. Scope of Work
The City of Laguna Hills (City) is seeking the services of a qualified and highly motivated company to provide Crossing Guard services in the City for a three-year contract.

The company will provide fully trained Crossing Guards at up to six (6) or more designated locations throughout the City of Laguna Hills Monday through Friday, excluding days S-1

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Packet Pg. 127 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard when the schools are not in session. The total annual hours for Crossing Guard services being sought is estimated at 7,560 hours, with service decreasing or increasing contingent upon school schedules and City desires. The successful bidder will be able to fully manage Crossing Guard services within the City of Laguna Hills in coordination with the Orange County Sheriff's Department (OCSD) Laguna Hills Police Services.

Bidder shall propose a staffing plan, including hours worked, for each location identified.

The City shall ultimately determine the locations and when and where the Crossing Guards shall be furnished by the Contractor. The City further has the power to add to, delete from, or revise the work schedule/locations at any time.

B. City’s Right to Changes in Service
The City will reserve the right, at its sole discretion, to determine the hours and locations where and when such services and work shall be performed by Contractor. Toward this end, the City will be authorized to modify, adjust, increase, decrease or delete from, or otherwise revise, the work schedule/crossing guard locations established and set forth in Contractor's Proposal at any time during the term of the Agreement due to scheduling needs, priorities, budget considerations, and/or other circumstances. The City will promptly notify Contractor in writing of such changes or modifications to the work schedule/crossing guard locations. Such changes or modifications to the work schedule/crossing guard locations will not be considered a change in the Scope of Services and will not require a written amendment to the Agreement, provided such changes or modifications do not exceed the Maximum Contract Amount set forth in the Agreement.

The Contractor shall manage Crossing Guard personnel to see that the Crossing Guard activities are taking place at the required places and times, and in accordance with all items of the agreement.

The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location.

The Contractor shall provide personnel proper training for the performance of Crossing Guards duties. In the performance of their duties, the Contractor and employees of the Contractor shall conduct themselves in accordance with the conditions of the Agreement and the laws and codes of the State of California, and shall maintain familiarity with laws and codes regarding general pedestrian safety and school crossing areas.

The Contractor shall furnish all uniforms and equipment for Crossing Guards assigned to work in the City of Laguna Hills. Uniforms shall be properly fitting with no rips of tears, and must be clean and present a neat appearance. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. Apparel must be appropriate for the weather conditions (i.e. rain gear). The Contractor shall also provide all Crossing Guards with hand held Stop signs and any other safety equipment which may be necessary, including whistle and raingear.

Reflective vest must be worn at all times and be readily visible, making the personnel easily recognized as Crossing Guards; vests must comply with all applicable Federal, State, and City laws and regulations. The Contractor shall be responsible for making sure uniforms are complete, clean, in good repair and worn by all contract employees while on duty.

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Packet Pg. 128 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard Crossing Guards involve a high degree of public contact. Discourtesy, rudeness, use of profanity, or physical contact by the Contractor's employees are unacceptable. Such unacceptable behavior may result in the immediate removal of the offending contract employee from performance of duties. Contractor must act in a diplomatic manner as they are the liaison between the community and the City of Laguna Hills Police Services.

C. Scope of Services
All Crossing Guards are to be properly trained, fingerprinted, background checked, issued appropriate Crossing Guard equipment, and dressed in appropriate uniforms at Contractor's expense.

Bidder shall propose a staffing plan, including hours worked, for each location identified.

All changes to the hours of work will be approved by the City. The City of Laguna Hills shall have the right to contract for additional Crossing Guard personnel at the same rates found in the Contractor's proposal. The City of Laguna Hills shall have the right to modify the levels of service prior to, and subsequent to, the execution of a contract.

The current designated locations in the City of Laguna Hills are as follows:
(See Attachment 1)

1. Alicia Parkway / Wilkes Place

2. Alicia Parkway / Wilkes Place

3. Earhart Road I Barents

4. Santa Vittoria Drive / Barbera

5. La Paz Road I Paseo de Valencia

6. La Paz Road / Paseo de Valencia
Personnel providing services shall be employees of the Contractor, fully trained, and a minimum of 21 years of age, and capable of performing assigned duties. Contractor's personnel shall not have been convicted of any crimes other than minor traffic violations.

All Crossing Guard personnel assigned to the City of Laguna Hills must receive training on pedestrian and traffic safety.

The Contractor will be required to secure at its own expense, all personnel required to perform the services. All of the required services performed by the Contractor or under its supervision, and all personnel engaged in the work, shall be qualified to perform such services. Crossing Guards assigned to work under this contract must have at least one year of experience in similar work, be a person of mature judgment, and mentally alert and capable of exercising good judgment, implementing instructions, and assimilating necessary specialized training.

In the event the Contractor must use substitute personnel, they shall be equal in ability, skill, and knowledge to the employees they are replacing. Substitute personnel will be billed to the City at same base Crossing Guard rate as regular employees. Poor performance will not be tolerated.

Contractor and assigned Crossing Guard personnel will be required to cooperate with the City at all times. Contractor will meet with the City of Laguna Hills quarterly to review the program.

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Packet Pg. 129 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard D. Personnel Selection
The Contractor shall be responsible for providing competent and trained personnel. Each employee:
a. Shall be at least twenty-one years of age.
b. Shall be physically and mentally capable of performing Crossing Guard services. c. Shall have the ability to give and follow oral and written instructions. d. Shall have the ability to establish and maintain effective working relationships with the public.
e. Shall have the ability to remain calm and use good judgment and initiative in a confrontational or emergency situation.

Training
Contractor shall meet any and all applicable State and local training or licensing standards. The Contractor shall provide training for all of its employees. Training shall be comprehensive and include information on, but not limited to, traffic control techniques, incident reporting procedures, conflict avoidance, conflict resolution, and mitigation techniques and legal responsibilities, and liabilities associated with providing Crossing Guard services. Additionally, the Contractor shall provide instruction on the proper and acceptable use of equipment (e.g. hand held stop sign), customer service and public relations. The Contractor shall provide the City a copy of its training manual for review by the City.

Criminal Background Checks
All persons directly providing services to minors as a part of the Agreement are requested to voluntarily submit to and pass a criminal background investigation by providing a complete set of fingerprints to the City at least thirty (30) calendar days prior to providing any services related to the Agreement. Said criminal background investigation shall be conducted pursuant to City policy and practice. Any person who has not completed said criminal background investigation or who has been identified by City as being ineligible to perform services shall not provide services related to the Agreement. Any person with a record of a conviction (or guilty plea) of a felony or a misdemeanor involving a violent or sexual crime, including those crimes set forth in Penal Code section 11105.3, shall not perform any services or work related to the Agreement. All persons undergoing a criminal background investigation under this section shall submit for said investigation on an annual basis throughout the term of the Agreement.

E. General Conditions
The City will not reimburse bidders for any costs incurred in the preparation and submittal of bids. Further, the request does not obligate the City of Laguna Hills to accept or contract for any expressed or implied services. The City reserves the right to:
• Request any firm/person submitting a bid to clarify its proposal during the selection phase;
• Negotiate the project schedule and reasonable costs with the selected vendor; S-4

4.8.a
Packet Pg. 130 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard • Modify or alter any requirements herein;
• Identify additional tasks to be accomplished prior to establishing a formal contractual agreement, and
• Make no award.

F. Bid Requirements
Bids shall specify each item as set forth in this Notice Inviting Bids. Failure to comply with all requirements and conditions set forth by these specifications and Notice instructions will be the cause for the rejection of the bids(s). No exceptions or deviations from these specifications will be considered unless each exception or deviation is specifically identified with a detailed statement fully defining the exception(s). All exception(s) must be fully supported by detailed specification regarding the deviated item and shall accompany the proposal for evaluation by the City. If no exceptions are identified, the Bidder shall be required to furnish the service exactly as specified herein. The burden of proof of compliance with these specifications is the responsibility of the Bidder.

Acceptance or rejection of the changes is the sole prerogative of the City.

G. Bidder Must Make Thorough Investigation
It is the bidder's responsibility to examine the location of the proposed work to fully acquaint themselves with the specifications and the nature of the work to be accomplished. Bidders shall have no claim against the City based upon ignorance of the nature and requirements of the project, misapprehension of the site conditions, or misunderstanding of the specifications or contract provisions.

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Packet Pg. 131 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard Appendix A

NON-COLLUSION AFFIDVAIT
The undersigned declares, states and certifies that:

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

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

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

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

5. All statements contained in the Bid and related documents are true.

6. I have not directly or indirectly submitted the Bid 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 Bid.

7. I have not entered into any arrangement or agreement with any City of Laguna Hills public officer in connection with this Bid.

8. I understand 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______________________________________________

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Packet Pg. 132 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard Appendix B
CONSULTANT’S ACKNOWLEDGEMENT OF COMPLIANCE WITH INSURANCE

REQUIREMENTS FOR

AGREEMENT FOR CONSULTANT SERVICES
Consultant agrees, acknowledges and is fully aware of the insurance requirements as specified.

Insurance Requirements of the sample Agreement for Professional Services (Appendix D) and accepts all conditions and requirements as contained therein.

Consultant: ________________________________________________________________ Name (Please Print or Type)
By: ______________________________________________________________________ Consultant's Signature & Title
Date: _____________________

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Packet Pg. 133 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard Appendix C

CERTIFICATION OF BID TO THE CITY OF LAGUNA HILLS
The undersigned hereby submits its Bid and agrees to be bound by the terms and conditions of this Notice Inviting Bids Bid (NIB) Bid for Citywide School Crossing Guard Services. By signing the Certification of Bid (Appendix C) and submitting a Bid to the City in response to this Notice Inviting Bids, the Proposer hereby represents and certifies that:
1) Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this Bid or any work connected with this Bid. Should any agreement be approved in connection with this Notice Inviting Bids, Proposer declares and warrants that 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 interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.
2) By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFP.
3) Proposer has carefully reviewed its Bid 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.
4) It is understood and agreed that the City reserves the right to accept or reject any or all Bids and to waive any informality or irregularity in any Bid received by the City. 5) The Bid response includes all of the Bid response requirements listed in the Notice Inviting Bids, dated August 23, 2023.
6) The Bid shall be valid for 120 days from September 27, 2023.

Name of Proposer:

By: __________________________________ (Authorized Signature) Name: _______________________________
Title: ________________________________
Date: ________________________________

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SAMPLE DRAFT CONTRACT - SUBJECT TO CHANGE AT THE TIME OF FINAL CONTRACT AWARD 1518796.1
Appendix D

SAMPLE CONTRACT SERVICES AGREEMENT
(Name of Company), Inc.

Citywide School Crossing Guard Services
Fiscal Years 2023/2024 - 2025/2026
THIS AGREEMENT FOR CITYWIDE SCHOOL CROSSING GUARD SERVICES (hereinafter "Agreement") is made and entered into, to be effective the 10th day of November 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 (Name of Company), INC., a California corporation (hereinafter referred to as "Contractor"). City and Contractor are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the "Parties."

B. In response to City's formal competitive Notice Inviting Bids for Citywide School Crossing Guard Services (NIB No. PS-23-001 dated August 23 2023, Contractor has submitted to City a written proposal, dated ______, 2023, to provide for citywide school crossing guard services to City for the Project, pursuant to the terms of this Agreement.

D. City desires to retain Contractor to provide such crossing guard services for the Project.

AGREEMENT

1. SERVICES OF CONTRACTOR

1.1. Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Contractor agrees to provide and perform the crossing guard services for the Project as set forth in Contractor's Proposal, dated _____, 2023, which is attached hereto as Exhibit "A" and is incorporated herein by reference (hereinafter collectively referred to as the "Scope of Services," the "Services" or "Work"). As a material inducement to the City entering into this Agreement, Contractor acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contractor'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. Contractor represents and warrants that it is skilled

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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. Contractor represents and warrants that it and all of its employees, subconsultants, subcontractors providing any Work or Services under this Agreement shall have sufficient skill and experience to perform the Work or Services assigned to them. All Work or Services 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; 2) the Consultant's signed, original Proposal, dated ______,2023, ("Consultant's Proposal") and submitted to City; and 3) the City's Notice Inviting Bids for Citywide School Crossing Guard Services, dated August 23, 2023, which shall all be referred to collectively hereinafter as the "Contract Documents." The Consultant's Proposal and the City's Notice Inviting Bids, which are both attached hereto as Exhibits "A" and "B," respectively, are hereby incorporated by reference and are made a part of this Agreement. All provisions of this Agreement, the Consultant's Proposal, and the City's Notice Inviting Bids 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; (2nd) the provisions of the City's Notice Inviting Bids (Exhibit "B"); and (3rd) the provisions of the Consultant's Proposal (Exhibit "A").

1.3. Compliance with Law. Contractor 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. Contractor 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. Contractor shall be liable for all violations of such laws and regulations in connection with performing the Work and Services. If Contractor performs any Work or Services in violation of such laws, rules, and regulations, Contractor shall be solely responsible for all penalties and costs arising therefrom. Contractor 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. License, Permits, Fees, and Assessments. Prior to performing any Services or Work hereunder Contractor 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. Contractor represents and warrants to City that Contractor 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 Contractor to perform the Work and Services under this Agreement.

Contractor 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 Contractor'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.

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SAMPLE DRAFT CONTRACT - SUBJECT TO CHANGE AT THE TIME OF FINAL CONTRACT AWARD 1518796.1

1.5. Familiarity with Work. By executing this Agreement, Contractor represents and warrants that it a) has thoroughly investigated and considered the Scope of Work or Services to be performed, b) has carefully considered how the Services should be performed and has carefully examined the location or locations at or with respect to where such Services or Work is to be performed, and c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.

1.6. Care of Work. Contractor 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. Unauthorized Aliens. Contractor hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of any Work and/or Services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City.

1.9. Non-Exclusive Agreement. Contractor 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. Contractor 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, Contractor shall be compensated by City for the services performed in accordance with the hourly rates and charges as established and 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 ________Dollars ($______, (hereinafter referred to as the "Maximum Contract Amount"). The method of compensation shall be as set forth in Exhibit "A". The maximum amount of City's payment obligation under this Agreement is the amount specified in this section.

2.2. Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation/Fees (Exhibit "A"), in any month in which Contractor wishes to receive payment, no later than the tenth (10th) working day of such month, Contractor 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 Contractor 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

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SAMPLE DRAFT CONTRACT - SUBJECT TO CHANGE AT THE TIME OF FINAL CONTRACT AWARD 1518796.1
to Contractor within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical.

2.3. Changes in Scope.

B. Notwithstanding the foregoing, the City shall have the right, at its sole discretion, to determine the hours and locations where and when such Services and Work shall be performed by Contractor. Toward this end, the Contract Officer is hereby authorized to modify, adjust, increase, decrease or delete from, or otherwise revise, the work schedule/crossing guard locations established and set forth in Contractor's Proposal, attached hereto as Exhibit "A," at any time during the term of this Agreement due to scheduling needs, priorities, budget considerations, the COVID-19 pandemic, any applicable public health orders, state or locally declared emergencies, and/or other circumstances. The Contract Officer shall promptly notify Contractor in writing of such changes or modifications to the work schedule/crossing guard locations. Such changes or modifications to the work schedule/crossing guard locations shall not be considered a change in the Scope of Services and shall not require a written amendment to this Agreement, provided such changes or modifications do not exceed the Maximum Contract Amount.

2.4. Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Laguna Hills City Council for each fiscal year covered by the 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 Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance (Exhibit "A").

3.2. Schedule of Performance. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance, which is attached hereto as Exhibit "A" and is incorporated herein by reference. When requested by Contractor, 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 Contractor (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, pandemics,

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Packet Pg. 138 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard

SAMPLE DRAFT CONTRACT - SUBJECT TO CHANGE AT THE TIME OF FINAL CONTRACT AWARD 1518796.1
quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Contractor, 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 Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this section.

3.4. Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of three (3) years, commencing on November 10, 2023 and ending on August 1, 2026, unless extended by mutual written agreement of the Parties.

4. COORDINATION OF WORK

4.1. Representative of Contractor. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: _________________. Itis 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 Contractor and devoting sufficient time to personally supervise the Work or Services performed hereunder.

The foregoing principal may not be changed by Contractor 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 Contractor's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Contractor 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 Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor 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. Contractor shall not contract with any other entity to perform the Services required without prior written consent of City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor 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 Contractor. City will deal directly with and will make all payments to Contractor.

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Packet Pg. 139 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard

SAMPLE DRAFT CONTRACT - SUBJECT TO CHANGE AT THE TIME OF FINAL CONTRACT AWARD 1518796.1

4.4. Independent Contractor.

Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, 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 Contractor's officers, employees, representatives or agents or in fixing their number, compensation, or hours of service. Contractor 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 Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.

B. Contractor 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 Contractor, its officers, employees, or agents, in connection with the performance of any Work or Services under this Agreement. Except for professional fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, 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, of any nature relating to salary, taxes, or benefits of Contractor's officers, employees, representatives, agents, or subconsultants or subcontractors, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations.

4.5.PERS Eligibility Indemnification.

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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. Contractor 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 Contractor 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. In addition, Contractor shall not allow any subconsultant or subcontractor to commence any Work or Services until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section. If Contractor's existing insurance policies do not meet the insurance requirements set forth herein, Contractor 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, Contractor shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:

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.

C. Worker’s Compensation Insurance. Contractor 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. Contractor 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. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer's Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.

5.3. Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance

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Packet Pg. 141 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard

SAMPLE DRAFT CONTRACT - SUBJECT TO CHANGE AT THE TIME OF FINAL CONTRACT AWARD 1518796.1
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 Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Contractor 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 Contractor 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:

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 Contractor, 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; and

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, Contractor shall provide endorsements for ongoing operations and completed operations to effectuate this requirement.

5.5. Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance and shall protect the City, its officials, officers, employees, agents and volunteers, in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

5.6. Primacy 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,

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Packet Pg. 142 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard

SAMPLE DRAFT CONTRACT - SUBJECT TO CHANGE AT THE TIME OF FINAL CONTRACT AWARD 1518796.1
officers, employees, agents and volunteers, or shall specifically allow Contractor 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. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor 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, Contractor 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, Contractor 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. Contractor 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 Contractor may be held responsible for payments of damages to persons or property.

5.10. Enforcement of Agreement (Non-Estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any non-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. Contractor shall include all subconsultants or subcontractors engaged in any Work or Services for Contractor relating to this Agreement as additional insureds under the Contractor's insurance policies, or Contractor 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 Contractor'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. Contractor shall not allow any subconsultant or subcontractor to commence any Work or Services relating to this Agreement unless and until it has received satisfactory evidence of their compliance with all insurance requirements under this Agreement, to the extent applicable. Contractor agrees to provide satisfactory evidence of compliance with this subsection upon request of the City.

5.12. Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Contractor pursuant to this Agreement:

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Packet Pg. 143 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard

SAMPLE DRAFT CONTRACT - SUBJECT TO CHANGE AT THE TIME OF FINAL CONTRACT AWARD 1518796.1
A. Contractor 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.

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 Contractor's obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

E. Contractor 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 Contractor, provide the same minimum insurance coverage required of Contractor. Contractor 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. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.

6. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense with legal counsel reasonably acceptable to City), indemnify, protect, and hold harmless City, its officials, officers, employees, agents and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Contractor's employees included), for damage to property, including property owned by City, or from any violation of any federal, state, or local law or ordinance, which Claims arise out of, pertain to, or are related to Contractor's performance under this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's indemnification obligation or other liability hereunder

7. REPORTS AND RECORDS

7.1. Accounting Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.

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Packet Pg. 144 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard

SAMPLE DRAFT CONTRACT - SUBJECT TO CHANGE AT THE TIME OF FINAL CONTRACT AWARD 1518796.1
Contractor 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. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require.

7.3. Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, 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 Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder.

7.4. Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor 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 Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor 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, Contractor shall provide City, or other agents of City, such access to Contractor'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 Contractor's performance under this Agreement. Contractor 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 Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2. Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.

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Packet Pg. 145 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard

SAMPLE DRAFT CONTRACT - SUBJECT TO CHANGE AT THE TIME OF FINAL CONTRACT AWARD 1518796.1

8.3. Termination. City may terminate this Agreement for any reason, with or without cause, upon giving Contractor thirty (30) days written notice. Upon such notice, City shall pay Contractor for Services performed through the date of termination. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, Contractor 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 Contractor may determine.

8.4. Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.

8.5. Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

8.6. Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.7. Attorney’s 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 Contractor, 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 Contractor 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,

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Packet Pg. 146 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard

SAMPLE DRAFT CONTRACT - SUBJECT TO CHANGE AT THE TIME OF FINAL CONTRACT AWARD 1518796.1
interested in violation of any state statute or regulation. Contractor represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.

9.3. Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor 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. Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

10.MISCELLANEOUS PROVISIONS

10.1. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of: i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; ii) five (5) business days after the date of posting by the United States Post Office if by mail; or iii) when sent if given by facsimile. Notices or other communications shall be addressed as follows:

To City: To Contractor:

10.2. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof.

No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

10.3. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

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

10.5. Third Party Beneficiary. Nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation. any rights as a third-party beneficiary or otherwise. upon any entity or person not a party hereto.

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Packet Pg. 147 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard

SAMPLE DRAFT CONTRACT - SUBJECT TO CHANGE AT THE TIME OF FINAL CONTRACT AWARD 1518796.1

10.6. Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound. for purposes of this Agreement, by the same.

10.7. Corporate Authority. Each of the undersigned represents and warrants that i) the Party for which he/she is executing this Agreement is duly authorized and existing, ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he/she is signing is bound.

10.8. Criminal Background Checks. All persons directly providing services to minors as a part of the Agreement are requested to voluntarily submit to and pass a criminal background investigation by providing a complete set of fingerprints to the City at least thirty (30) calendar days prior to providing any services related to the Agreement. Said criminal background investigation shall be conducted pursuant to City policy and practice. Any person who has not completed said criminal background investigation or who has been identified by City as being ineligible to perform services shall not provide services related to the Agreement. Any person with a record of a conviction (or guilty plea) of a felony or a misdemeanor involving a violent or sexual crime, including those crimes set forth in Penal Code section 11105.3, shall not perform any services or work related to the Agreement. All persons undergoing a criminal background investigation under this section shall submit for said investigation on an annual basis throughout the term of the Agreement.
[SIGNATURES ON NEXT PAGE]

SIGNATURE REQUIREMENTS
For Contractors that are a corporation, two (2) Corporate Officers must sign and staff may request that a copy of their corporate, resolution confirming the names and titles of their authorized signatories be provided to the City in advance for review and approval, and the signature requirements are as follows:
1) One signature by the Chairman of the Board, the President, or the Vice President, -And2)One signature by the Corporate Secretary, any Assistant Secretary, the Chief Financial Officer or an Assistant Treasurer.

For Contractors that are not a corporation, signature requirements are as follows: the person who has authority to bind the business entity must sign

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Packet Pg. 148 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard

SAMPLE DRAFT CONTRACT - SUBJECT TO CHANGE AT THE TIME OF FINAL CONTRACT AWARD 1518796.1
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
"CONTRACTOR"
(Name of Company), Inc., a California
corporation
(NAME)
President
(NAME)
Corporate Secretary

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Packet Pg. 149 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard

SAMPLE DRAFT CONTRACT - SUBJECT TO CHANGE AT THE TIME OF FINAL CONTRACT AWARD 1518796.1
EXHIBIT "A"

CONTRACTOR'S PROPOSAL
DATED: _________________, 2023
AND

DESCRIPTION OF SCOPE OF SERVICES/WORK
Inclusive of Contractor's Proposal Letter
and
Scope of Services

SCOPE OF SERVICES FOR PROJECT
INCLUDING:

SCHEDULE OF PERFORMANCE
AND

SCHEDULE OF COMPENSATION/ HOURLY FEES

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Packet Pg. 150 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard

SAMPLE DRAFT CONTRACT - SUBJECT TO CHANGE AT THE TIME OF FINAL CONTRACT AWARD 1518796.1
EXHIBIT "B"

CITY OF LAGUNA HILLS

NOTICE INVITING BIDS
FOR

CITYWIDE SCHOOL CROSSING GUARD SERVICES
(NIB NO. PS-23-001)
DATED: AUGUST 23, 2023

4.8.a
Packet Pg. 151 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard Attachment 1

SCHOOL SITE ADULT CROSSING GUARD LOCATIONS
Site
ID
Intersection/Location Crosswalk * Control ** Elementary School Served
1 Alicia Parkway / Wilkes Place NB, SB, EB, WB TS Lomarena 2 Alicia Parkway / Wilkes Place NB, SB, EB, WB TS Lomarena 3 Earhart Road / Barents Street EB UC Lomarena
4 Santa Vittoria Drive / Barbera EB CSS San Joaquin
5 La Paz Road / Paseo de Valencia NB, SB, EB, WB TS Valencia 6 La Paz Road / Paseo de Valencia NB, SB, EB, WB TS Valencia *NB: northbound; SB: southbound; EB: eastbound; WB: westbound **CSS: cross-street stop; TS: traffic signal; UC: uncontrolled intersection

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Packet Pg. 152 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard Attachment 2

SCHOOL SITE BELL SCHEDULES

LOMARENA ELEMENTARY SCHOOL
25100 Earhart Road
Regular Day Schedule Time
Transitional Kindergarten AM
Start 8:00 AM
Dismissal 11:20 AM
Transitional Kindergarten PM
Start 11:25 AM
Dismissal 2:45 PM
Kindergarten, Grades 1 - 6
Start 8:15 AM
Dismissal 2:30 PM
Minimum Day Schedule Time
Kindergarten, Grades 1 - 6
Start 8:15 AM
Dismissal 1:15 PM

CONTINUED ON NEXT PAGE

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Packet Pg. 153 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard

SAN JOAQUIN ELEMENTARY SCHOOL
22182 Barbera
Regular Day Schedule Time
Kindergarten, Grades 1 - 6
Start 8:15 AM
Dismissal 2:15 PM
Minimum Day Schedule Time
Kindergarten, Grades 1 - 6
Start 8:15 AM
Dismissal 1:00 PM

VALENCIA ELEMENTARY SCHOOL
25661 Paseo de Valencia
Regular Day Schedule Time
Kindergarten, Grades 1 - 6
Start 8:30 AM
Dismissal 2:30 PM
Minimum Day Schedule Time
Kindergarten, Grades 1 - 6
Start 8:30 AM
Dismissal 1:25 PM

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Packet Pg. 154 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard Attachment 3
SaddlebackValleyUnified SchoolDistrict
School YearCalendarfor2023/2024
2023
July 4 Tues Independence Day Holiday
Aug 10 Thurs District Staff Development Day
Aug 11 Fri District Orientation Day
Aug 14 Mon First Day of School
Aug/Sept * Back to School Night, Minimum Day
*Dates to be determined by Sites
Sept 4 Mon Labor Day Holiday
Sept 21 Thurs Intermediate Back to School Night Minimum Day Sept 25 Mon Fall Recess Day Non-school day forstudents
Sept 28 Thurs High School Back to School Night Minimum Day Nov 1 Wed District Staff Development Day Non-school day for students Nov 27-30, Dec 1,4 Mon-Fri, Mon Elementary Parent Conference Days Minimum Day Nov 10 Fri Veterans’ Day Holiday
Nov 16-17 Thurs-Fri Intermediate Trimester Exam Minimum Day Nov 20-24 Mon-Fri November Recess
Dec 20-22 Wed-Fri High School Exam Schedule (Not Silverado) Minimum Day Dec 25-29 Mon-Fri Winter Recess
Dec 29 Fri CA Admissions Day Observation
2024
Jan 1-5 Mon-Fri Winter Recess
Jan 15 Mon Dr. Martin Luther King, Jr. Day Holiday
Jan 29 Mon District Staff Development Day Non-school day for students Feb 16 & 19 Fri & Mon Presidents’ Days
Feb 29-Mar 1 Thurs-Fri Intermediate Trimester Exam Minimum Day Mar 4-8, 11 Mon-Fri, M Elementary Parent Conference Days Minimum Day March-May * Elementary and Secondary Showcases, Minimum Day *Dates to be determined by Sites
Apr 1-5 Mon-Fri Spring Recess
May 27 Mon Memorial Day Holiday
May 28-29 Tues-Wed Intermediate Exams Minimum Day
May 28-30 Tues-Thurs High School Exam Schedule (Not Silverado) Minimum Day May 30 Thurs High School Graduation Minimum Day
May 30 Thurs Elementary Minimum Day Minimum Day
May 30 Thurs Last Day of School Minimum Day
End of High School Quarter: Q1, Fri, Oct 13; Q2, Fri, Dec 22; Q3, Fri, Mar 22; Q4, Thurs, May 30 End of Trimester Elem: Tri 1, Fri, Nov 17; Tri 2, Fri, Mar 1; Tri 3, Thurs, May 30 End of Trimester Int/Silverado: Tri 1, Fri, Nov 17; Tri 2, Fri, Mar 1; Tri 3, Thurs, May 30 Board Approved: June 16, 2022

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Packet Pg. 155 Attachment: Proposed Contract Services Agreement with All City Management Services, Inc. (3335 : Award of Contract for Crossing Guard City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: October 24, 2023
TO: Mayor and Council Members
FROM: Larry Longenecker
Community Development Director
ISSUE: Fiscal Year 2022-2023 Development Impact Fees Annual Report RECOMMENDATION: That the City Council approve the Fiscal Year 2022-2023 Development Impact Fees Annual Report pursuant to California Government Code Section 66006.

SUMMARY:

Pursuant to Section 66006 of the California Government Code, local agencies are authorized to condition approval of development projects on the payment of development impact fees for the purpose of defraying all or a portion of the cost of public facilities related to the development project. Any local agency that imposes a development impact fee is required to make available to the public a summary of each mitigation fee account on an annual basis. At this time, the City imposes three types of development impact fees on development projects – Public Art Fees, Traffic Mitigation Fees, and Quimby Act Fees – and pursuant to the aforementioned regulations, it is required to make available for public review a summary of activities for each account.

BACKGROUND:

The Mitigation Fee Act, as provided for in Section 66006 of the California Government Code, regulates the means by which public agencies collect, maintain, and spend development impact fees imposed on development projects. The regulations include specific requirements pertaining to governmental accounting, spending, and annual reporting of development impact fees. Each fiscal year (FY) the City is required to make available to the public a summary of each mitigation fee account (“Annual Report”).

4.9 Packet Pg. 156
FY2022-2023 Development Impact Fees Annual Report
October 24, 2023

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Laguna Hills City CouncilOctober 24, 2023

Laguna Hills City Council
October 24, 2023